1     
AIR AMBULANCE REVISIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Paul Ray

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to the Air Ambulance Committee.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends membership and reporting requirements for the Air Ambulance Committee;
13          ▸     requires an emergency medical service provider and health care facility to provide
14     information about air ambulance charges to certain patients; and
15          ▸     reauthorizes the Air Ambulance Committee for five years.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          26-8a-107, as enacted by Laws of Utah 2017, Chapter 419
23          63I-2-226, as last amended by Laws of Utah 2018, Chapters 38 and 281
24     ENACTS:
25          26-8a-602, Utah Code Annotated 1953
26          26-21-32, Utah Code Annotated 1953
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 26-8a-107 is amended to read:
30          26-8a-107. Air Ambulance Committee -- Membership -- Duties.
31          (1) The Air Ambulance Committee created by Section 26-1-7 shall be composed of the
32     following members:
33          (a) the state emergency medical services medical director;
34          (b) one physician who:
35          (i) is licensed under:
36          (A) Title 58, Chapter 67, Utah Medical Practice Act;
37          (B) Title 58, Chapter 67b, Interstate Medical Licensure Compact; or
38          (C) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
39          (ii) actively provides trauma or emergency care at a Utah hospital; and
40          (iii) has experience and is actively involved in state and national air medical transport
41     issues;
42          (c) one member from each level 1 and level 2 trauma center in the state of Utah,
43     selected by the trauma center the member represents;
44          (d) one registered nurse who:
45          (i) is licensed under Title 58, Chapter 31b, Nurse Practice Act; and
46          (ii) currently works as a flight nurse for an air medical transport provider in the state of
47     Utah;
48          (e) one paramedic who:
49          (i) is licensed under Title 26, Chapter 8a, Utah Emergency Medical Services System
50     Act; and
51          (ii) currently works for an air medical transport provider in the state of Utah; and
52          (f) [one member] two members, each from a different for-profit air medical transport
53     company operating in the state of Utah.
54          (2) The state emergency medical services medical director shall appoint the physician
55     member under Subsection (1)(b), and the physician shall serve as the chair of the Air
56     Ambulance Committee.
57          (3) The chair of the Air Ambulance Committee shall:
58          (a) appoint the Air Ambulance Committee members under Subsections (1)(c) through
59     (f);
60          (b) designate the member of the Air Ambulance Committee to serve as the vice chair
61     of the committee; and
62          (c) set the agenda for Air Ambulance Committee meetings.
63          (4) (a) Except as provided in Subsection (4)(b), members shall be appointed to a
64     two-year term.
65          (b) Notwithstanding Subsection (4)(a), the Air Ambulance Committee chair shall, at
66     the time of appointment or reappointment, adjust the length of the terms of committee
67     members to ensure that the terms of the committee members are staggered so that
68     approximately half of the committee is reappointed every two years.
69          (5) (a) A majority of the members of the Air Ambulance Committee constitutes a
70     quorum.
71          (b) The action of a majority of a quorum constitutes the action of the Air Ambulance
72     Committee.
73          (6) The Air Ambulance Committee shall, before November 30, [2017] 2019, and
74     before November 30 of every odd-numbered year thereafter, provide recommendations to the
75     Health and Human Services Interim Committee regarding the development of state standards
76     and requirements related to:
77          (a) air medical transport provider licensure and accreditation;
78          (b) air medical transport medical personnel qualifications and training; and
79          (c) other standards and requirements to ensure patients receive appropriate and
80     high-quality medical attention and care by air medical transport providers operating in the state
81     of Utah.
82          (7) (a) The committee shall prepare an annual report, using any data available to the
83     department and in consultation with the Insurance Department, that includes the following
84     information for each air medical transport provider that operates in the state:
85          (i) which health insurers in the state the air medical transport provider contracts with;
86          (ii) if sufficient data is available to the committee, the average charge for air medical
87     transport services for a patient who is uninsured or out of network; and
88          (iii) whether the air medical transport provider balance bills a patient for any charge
89     not paid by the patient's health insurer.
90          (b) When calculating the average charge under Subsection (7)(a)(ii), the committee
91     shall distinguish between:
92          (i) a rotary wing provider and a fixed wing provider; and
93          (ii) any other differences between air medical transport service providers that may
94     substantially affect the cost of the air medical transport service, as determined by the
95     committee.
96          (c) The department shall:
97          (i) post the committee's findings under Subsection (7)(a) on the department's website;
98     and
99          (ii) send the committee's findings under Subsection (7)(a) to each emergency medical
100     service provider, health care facility, and other entity that has regular contact with patients in
101     need of air medical transport provider services.
102          [(7)] (8) An Air Ambulance Committee member may not receive compensation,
103     benefits, per diem, or travel expenses for the member's service on the committee.
104          [(8)] (9) The Office of the Attorney General shall provide staff support to the Air
105     Ambulance Committee.
106          [(9)] (10) The Air Ambulance Committee shall report to the Health and Human
107     Services Interim Committee before November 30, [2018] 2023, regarding the sunset of this
108     section in accordance with Section 63I-2-226.
109          Section 2. Section 26-8a-602 is enacted to read:
110          26-8a-602. Notification of air ambulance policies and charges.
111          (1) For any patient who is in need of air medical transport provider services, an
112     emergency medical service provider shall:
113          (a) provide the patient or the patient's representative with the information described in
114     Subsection 26-8a-107(7)(a) before contacting an air medical transport provider; and
115          (b) if multiple air medical transport providers are capable of providing the patient with
116     services, provide the patient or the patient's representative an opportunity to choose the air
117     medical transport provider.
118          (2) Subsection (1) does not apply if the patient:
119          (a) is unconscious and the patient's representative is not physically present with the
120     patient; or
121          (b) is unable, due to a medical condition, to make an informed decision about the
122     choice of an air medical transport provider, and the patient's representative is not physically
123     present with the patient.
124          Section 3. Section 26-21-32 is enacted to read:
125          26-21-32. Notification of air ambulance policies and charges.
126          (1) For any patient who is in need of air medical transport provider services, a health
127     care facility shall:
128          (a) provide the patient or the patient's representative with the information described in
129     Subsection 26-8a-107(7)(a) before contacting an air medical transport provider; and
130          (b) if multiple air medical transport providers are capable of providing the patient with
131     services, provide the patient or the patient's representative with an opportunity to choose the air
132     medical transport provider.
133          (2) Subsection (1) does not apply if the patient:
134          (a) is unconscious and the patient's representative is not physically present with the
135     patient; or
136          (b) is unable, due to a medical condition, to make an informed decision about the
137     choice of an air medical transport provider, and the patient's representative is not physically
138     present with the patient.
139          Section 4. Section 63I-2-226 is amended to read:
140          63I-2-226. Repeal dates -- Title 26.
141          (1) Subsection 26-7-8(3) is repealed January 1, 2027.
142          [(2) Subsection 26-7-9(5) is repealed January 1, 2019.]
143          [(3)] (2) Section 26-8a-107 is repealed July 1, [2019] 2024.
144          [(4)] (3) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
145          [(5)] (4) Subsection 26-18-2.3(5) is repealed January 1, 2020.
146          [(6)] (5) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
147          [(7) Subsection 26-18-408(6) is repealed January 2, 2019.]
148          [(8)] (6) Subsection 26-18-410(5) is repealed January 1, 2026.
149          [(9)] (7) Subsection 26-18-411(5) is repealed January 1, 2023.
150          [(10)] (8) Subsection 26-18-604(2) is repealed January 1, 2020.
151          [(11)] (9) Subsection 26-21-28(2)(b) is repealed January 1, 2021.
152          [(12)] (10) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
153          [(13)] (11) Subsection 26-33a-106.5(6)(c)(iii) is repealed January 1, 2020.
154          [(14)] (12) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
155     Program, is repealed July 1, 2027.
156          [(15)] (13) Subsection 26-50-202(7)(b) is repealed January 1, 2020.
157          [(16)] (14) Subsections 26-54-103(6)(d)(ii) and (iii) are repealed January 1, 2020.
158          [(17)] (15) Subsection 26-55-107(8) is repealed January 1, 2021.
159          [(18)] (16) Subsection 26-56-103(9)(d) is repealed January 1, 2020.
160          [(19)] (17) Title 26, Chapter 59, Telehealth Pilot Program, is repealed January 1, 2020.
161          [(20)] (18) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
162          [(21)] (19) Subsection 26-61-202(5) is repealed January 1, 2022.