7 LONG TITLE
8 General Description:
9 This bill amends air ambulance provisions in the Utah Health Code.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires the Department of Health to establish an Air Ambulance Committee;
13 ▸ establishes the membership of the Air Ambulance Committee;
14 ▸ establishes the duties of the Air Ambulance Committee;
15 ▸ sunsets the Air Ambulance Committee on July 1, 2019;
16 ▸ authorizes the State Emergency Medical Services Committee to coordinate with the
17 Health Data Committee to report air ambulance charges in the state;
18 ▸ specifies the data that should be reported;
19 ▸ requires the publication of certain data regarding air ambulance charges; and
20 ▸ amends the duties of the Health Data Committee to assist the State Emergency
21 Medical Services Committee with the reporting of the air ambulance charge data.
22 Money Appropriated in this Bill:
24 Other Special Clauses:
26 Utah Code Sections Affected:
28 26-1-7, as last amended by Laws of Utah 2014, Chapters 322 and 384
29 26-8a-203, as last amended by Laws of Utah 2011, Chapter 297
30 26-33a-106.1, as last amended by Laws of Utah 2014, Chapters 118, 425 and last
31 amended by Coordination Clause, Laws of Utah 2014, Chapter 425
32 63I-2-226, as last amended by Laws of Utah 2016, Chapter 345
34 26-8a-107, Utah Code Annotated 1953
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 26-1-7 is amended to read:
38 26-1-7. Committees within department.
39 (1) There are created within the department the following committees:
40 (a) Health Facility Committee;
41 (b) State Emergency Medical Services Committee;
42 (c) Air Ambulance Committee;
49 (2) The department shall:
54 advisory groups as appropriate to create greater efficiencies and budgetary savings for the
55 department; and
57 groups or committees as necessary to carry out the responsibilities of the department.
58 Section 2. Section 26-8a-107 is enacted to read:
59 26-8a-107. Air Ambulance Committee -- Membership -- Duties.
60 (1) The Air Ambulance Committee created by Section 26-1-7 shall be composed of the
61 following members:
62 (a) the state emergency medical services medical director;
63 (b) one physician who:
64 (i) is licensed under:
65 (A) Title 58, Chapter 67, Utah Medical Practice Act;
66 (B) Title 58, Chapter 67b, Interstate Medical Licensure Compact; or
67 (C) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
68 (ii) actively provides trauma or emergency care at a Utah hospital; and
69 (iii) has experience and is actively involved in state and national air medical transport
71 (c) one member from each level 1 and level 2 trauma center in the state of Utah,
72 selected by the trauma center the member represents;
73 (d) one registered nurse who:
74 (i) is licensed under Title 58, Chapter 31b, Nurse Practice Act; and
75 (ii) currently works as a flight nurse for an air medical transport provider in the state of
77 (e) one paramedic who:
78 (i) is licensed under Title 26, Chapter 8a, Utah Emergency Medical Services System
79 Act; and
80 (ii) currently works for an air medical transport provider in the state of Utah; and
81 (f) one member from a for-profit air medical transport company operating in the state
82 of Utah.
83 (2) The state emergency medical services medical director shall appoint the physician
84 member under Subsection (1)(b), and the physician shall serve as the chair of the Air
85 Ambulance Committee.
86 (3) The chair of the Air Ambulance Committee shall:
87 (a) appoint the Air Ambulance Committee members under Subsections (1)(c) through
89 (b) designate the member of the Air Ambulance Committee to serve as the vice chair
90 of the committee; and
91 (c) set the agenda for Air Ambulance Committee meetings.
92 (4) (a) Except as provided in Subsection (4)(b), members shall be appointed to a
93 two-year term.
94 (b) Notwithstanding Subsection (4)(a), the Air Ambulance Committee chair shall, at
95 the time of appointment or reappointment, adjust the length of the terms of committee
96 members to ensure that the terms of the committee members are staggered so that
97 approximately half of the committee is reappointed every two years.
98 (5) (a) A majority of the members of the Air Ambulance Committee constitutes a
100 (b) The action of a majority of a quorum constitutes the action of the Air Ambulance
102 (6) The Air Ambulance Committee shall, before November 30, 2017, provide
103 recommendations to the Health and Human Services Interim Committee regarding the
104 development of state standards and requirements related to:
105 (a) air medical transport provider licensure and accreditation;
106 (b) air medical transport medical personnel qualifications and training; and
107 (c) other standards and requirements to ensure patients receive appropriate and
108 high-quality medical attention and care by air medical transport providers operating in the state
109 of Utah.
110 (7) An Air Ambulance Committee member may not receive compensation, benefits,
111 per diem, or travel expenses for the member's service on the committee.
112 (8) The Office of the Attorney General shall provide staff support to the Air
113 Ambulance Committee.
114 (9) The Air Ambulance Committee shall report to the Health and Human Services
115 Interim Committee before November 30, 2018, regarding the sunset of this section in
116 accordance with Section 63I-2-226.
117 Section 3. Section 26-8a-203 is amended to read:
118 26-8a-203. Data collection.
119 (1) The committee shall specify the information that shall be collected for the
120 emergency medical services data system established pursuant to Subsection (2).
121 (2) (a) The department shall establish an emergency medical services data system
122 which shall provide for the collection of information, as defined by the committee, relating to
123 the treatment and care of patients who use or have used the emergency medical services
125 (b) Beginning July 1, 2017, the committee shall coordinate with the Health Data
126 Authority created in Chapter 33a, Utah Health Data Authority Act, to create a report of data
127 collected by the Health Data Committee under Section 26-33a-106.1 regarding:
128 (i) the total amount of air ambulance flight charges in the state for a one-year period;
130 (ii) of the total number of flights in a one-year period under Subsection (2)(b)(i):
131 (A) the number of flights for which a patient had no personal responsibility for paying
132 part of the flight charges;
133 (B) the number of flights for which a patient had personal responsibility to pay part of
134 the flight charges;
135 (C) the range of flight charges for which patients had personal responsibility under
136 Subsection (2)(b)(ii)(B), including the median amount for patient personal responsibility; and
137 (D) the name of any air ambulance provider that billed a patient in excess of the
138 median amount for patient personal responsibility during the reporting year.
139 (3) (a) The department shall, beginning October 1, 2017, and on or before each October
140 1 thereafter, make the information in Subsection (2)(b) public and send the information in
141 Subsection (2)(b) to:
142 (i) the Health and Human Services Interim Committee; and
143 (ii) public safety dispatchers and first responders in the state.
144 (b) Before making the information in Subsection (2)(b) public, the committee shall
145 provide the air ambulance providers named in the report with the opportunity to respond to the
146 accuracy of the information in the report under Section 26-33a-107.
148 (a) shall provide information to the department for the emergency medical services
149 data system established pursuant to Subsection (2)(a);
150 (b) are not required to provide information to the department under Subsection (2)(b);
152 (c) may provide information to the department under Subsection (2)(b) or (3)(b).
153 Section 4. Section 26-33a-106.1 is amended to read:
154 26-33a-106.1. Health care cost and reimbursement data.
155 (1) The committee shall, as funding is available:
156 (a) establish a plan for collecting data from data suppliers, as defined in Section
157 26-33a-102, to determine measurements of cost and reimbursements for risk-adjusted episodes
158 of health care;
159 (b) share data regarding insurance claims and an individual's and small employer
160 group's health risk factor and characteristics of insurance arrangements that affect claims and
161 usage with the Insurance Department, only to the extent necessary for:
162 (i) risk adjusting; and
163 (ii) the review and analysis of health insurers' premiums and rate filings; and
164 (c) assist the Legislature and the public with awareness of, and the promotion of,
165 transparency in the health care market by reporting on:
166 (i) geographic variances in medical care and costs as demonstrated by data available to
167 the committee; and
168 (ii) rate and price increases by health care providers:
169 (A) that exceed the Consumer Price Index - Medical as provided by the United States
170 Bureau of Labor Statistics;
171 (B) as calculated yearly from June to June; and
172 (C) as demonstrated by data available to the committee; [
173 (d) provide on at least a monthly basis, enrollment data collected by the committee to a
174 not-for-profit, broad-based coalition of state health care insurers and health care providers that
175 are involved in the standardized electronic exchange of health data as described in Section
176 31A-22-614.5, to the extent necessary:
177 (i) for the department or the Medicaid Office of the Inspector General to determine
178 insurance enrollment of an individual for the purpose of determining Medicaid third party
180 (ii) for an insurer that is a data supplier, to determine insurance enrollment of an
181 individual for the purpose of coordination of health care benefits; and
182 (iii) for a health care provider, to determine insurance enrollment for a patient for the
183 purpose of claims submission by the health care provider[
184 (e) coordinate with the State Emergency Medical Services Committee to publish data
185 regarding air ambulance charges under Section 26-8a-203.
186 (2) (a) The Medicaid Office of Inspector General shall annually report to the
187 Legislature's Health and Human Services Interim Committee regarding how the office used the
188 data obtained under Subsection (1)(d)(i) and the results of obtaining the data.
189 (b) A data supplier shall not be liable for a breach of or unlawful disclosure of the data
190 obtained by an entity described in Subsection (1)(b).
191 (3) The plan adopted under Subsection (1) shall include:
192 (a) the type of data that will be collected;
193 (b) how the data will be evaluated;
194 (c) how the data will be used;
195 (d) the extent to which, and how the data will be protected; and
196 (e) who will have access to the data.
197 Section 5. Section 63I-2-226 is amended to read:
198 63I-2-226. Repeal dates -- Title 26.
199 (1) Section 26-8a-107 is repealed July 1, 2019.
201 Program, is repealed July 1, 2017.