The Senator Edward J. Cruz Medical Referral and

Education Mileage Program.

(a)Title. This Section may be cited and referred to as the “Senator Edward J. Cruz Medical Referral and Education Mileage Program.”

(b)Medical Referral and Education Mileage Program. There is hereby created within the government of Guam and accrued travel mileage program for the use of travel mileage earned as a result of all COL1242015 CH. 23 GOVERNMENT TRAVEL LAW purchases made by the government of Guam through the use of government of Guam credit card purchases. This program shall be known as the Senator Edward J. Cruz Medical Referral and Education Mileage Program (MREMP) to be administered by the Department of Administration for all travel conducted by employees of the Executive Branch of the government of Guam. The Guam Legislature, the Unified Judiciary of Guam, and other agencies, instrumentalities, autonomous agencies, and public corporations of the government of Guam that purchase airline tickets through the use of credit cards, shall administer their respective accrued travel mileage programs pursuant to the requirements of this Section.

(c)Definitions. For the purposes of this Section the following words and phrases are defined to mean:

(1)Account means the Senator Edward J. Cruz Medical Referral and Education Mileage Program established under this Section.

(2)Accrued mileage means those miles accrued by the government of Guam, specifically the Department of Administration, the Guam Legislature, the Unified Judiciary of Guam, and other agencies, instrumentalities, autonomous agencies, and public corporations of the government of Guam that use credit cards to purchase airline tickets.

(3)Employee means all persons employed within the government of Guam, whether classified, unclassified, full-time, part-time, temporary, or on a limited-term basis; all elected officials, judges, mayors, individual consultants, and members of boards and commissions.

(4)Travel benefit means a program designed by an airline that awards accrued mileage and benefit programs to its clients.

(d)Requirement. All accrued mileage earned through the use of credit cards for travel by employees of the legislative, judicial and executive branches, including, but not limited to, all government agencies, instrumentalities, autonomous and semi-autonomous agencies, public corporations, the University of Guam, the Guam Community College, the Guam Visitors Bureau, the Department of Education, all elected officials, individual consultants of the government of Guam, and COL1242015 CH. 23 GOVERNMENT TRAVEL LAW members of boards and commissions, as well as non-government persons traveling at government of Guam or federal government expense, shall be available to support off-island medical care, and off-island student travel involving academic, sports and cultural activities. The following agencies, instrumentalities, and autonomous agencies of the government of Guam shall use their respective accrued mileage account to support off-island medical referrals and off-island student travel based on the following distribution guideline:

(1)Department of Administration - fifty percent (50%) of the accrued mileage maintained by this entity shall be used to send eligible students to participate at off-island academic activities, including, but not limited to, Close-Up and the Junior Statesmen of America. The remaining fifty percent (50%) shall be used to support off-island medical referrals pursuant to Subsection (f).

(2)Department of Education, Guam Community College, University of Guam – one hundred percent (100%) of the accrued mileage maintained by these entities shall be used to send eligible students to participate at off-island academic activities, including, but not limited to, Close-Up and the Junior Statesmen of America.

(3)Guam Power Authority, Guam Waterworks Authority – one hundred percent (100%) of the accrued mileage account maintained by these entities shall be used to send eligible students to participate at off-island sports competitions.

(4)Antonio B. Won Pat Guam International Airport Authority, Guam Visitors Bureau, Jose D. Leon Guerrero Port Authority of Guam – one hundred percent (100%) of the accrued mileage maintained by this entity shall be used to send eligible students to participate at off-island cultural activities, including, but not limited to, arts and humanities competitions and international cultural festivals and exchanges.

(5)Guam Legislature, Unified Judiciary of Guam – one hundred percent (100%) of the accrued mileage maintained by these entities shall be used to send eligible students to participate at offisland academic activities, including, but not limited to, Mock Trial and National Forensic League competitions. COL1242015 CH. 23 GOVERNMENT TRAVEL LAW

(6)All agencies, instrumentalities, autonomous agencies, and public corporations of the government of Guam not mentioned in items

(1)through

(4)of this Subsection shall use their accrued mileage to send eligible students to participate at off-island academic, sports and cultural activities, as authorized by the Superintendent of Education.

(e)Eligibility.

(1)The following persons are eligible for participation to receive the mileage for off-island medical care:

(A)patients under the Medically Indigent Program; patients under other DPHSS income-based health programs as approved by the Director of the Department of Public Health and Social Services; and patients with serious medical illness and financial need as determined by the Director of DPHSS pursuant to the Administrative Adjudication Law.

(B)all health care staff (physicians, nurses, technicians) providing direct care to the patient being transported, as approved by the Medical Director of the Guam Memorial Hospital Authority, or his/her designee.

(2)Patient eligibility shall be based upon:

(A)financial need as identified under the requirements of the Medically Indigent Program, or under the requirements of other DPHSS income-based health programs, or by any other needs based requirements for patients with any medical illness as prescribed by the Director of the Department of Public Health and Social Services pursuant to the Administrative Adjudication Law process;

(B)lack of availability of required medical services on Guam; and

(C)urgency and severity of illness, as documented by an attending physician.

(3)A GDOE student who is authorized by a committee established by the Superintendent of Education to participate at an off-island academic, sports or cultural activity is also eligible for participation to receive the mileage benefits. COL1242015 CH. 23 GOVERNMENT TRAVEL LAW

(f)Authorized Use. Fifty percent (50%) of the accrued mileage account, administered by the Department of Administration, shall be used to send patients off-island, through a certified medical referral for patients, to a destination determined by the patient’s duly licensed physician with the concurrence of the Medically Indigent Program Coordinator of the Department of Public Health and Social Services.

(g)Other Travel Benefits. All other travel benefits, including, but not limited to, volume purchase discounts and accrued number of ticket purchases for free flight benefits and promotional travel benefits shall be accrued and used for the purpose of this Program. The Director of Administration shall establish procedures for management of these benefits and for distribution as requested by the Medically Indigent Program Coordinator of the Department of Public Health and Social Services, or his/her designee.

(h)Credit Card Agreement; Accrued Mileage Program. The Guam Legislature, the Unified Judiciary of Guam, and departments, agencies, instrumentalities, autonomous agencies, and public corporations of the government of Guam shall exercise due diligence and seek to enter into an agreement with a bank(s) on Guam for a credit card(s) to use as payment for travel for employees traveling on government and/or federally funded travel, and to accrue travel mileage through a participating airline(s), which shall be used in accordance with the provisions of this Act. Each department, instrumentality, autonomous agency, and public corporation of the government of Guam shall maintain their respective accrued mileage program, which shall be used exclusively to support off-island medical referrals and off-island student travel involving academic, sports and cultural activities, pursuant to the distribution guidelines set forth in items

(1)through

(6)of Subsection (d). The Department of Administration shall be responsible for maintaining an accrued mileage account for all travel under its purview.

(i)Rules and Regulations. The Director of the Department of Public Health and Social Services in collaboration with the Director of the Department of Administration shall jointly promulgate rules and regulations, specifically for the use of accrued mileage for off-island medical referrals, within sixty

(60)days from the date of enactment of this Section. The Superintendent of Education shall in collaboration with the heads of all agencies, departments, instrumentalities, autonomous agencies, and public corporations of the government of Guam, to include COL1242015 CH. 23 GOVERNMENT TRAVEL LAW the Executive Director of the Guam Legislature and the Administrator of the Courts, shall promulgate rules and regulations, specifically for the use of accrued mileage for off-island student travel involving academic, sports and cultural activities. These rules and regulations shall be promulgated pursuant to Article 3, Chapter 9 of Title 5, Guam Code Annotated, the Administrative Adjudication Act, Rule Making Procedures.

(j)Transfer fee or other related fees and taxes. In the event a transfer fee or other related fees and taxes is required to secure off-island travel, as authorized herein, such fee(s) shall be borne by the traveler.