S.B. 74 Air Ambulance Revisions
| Bill Sponsor:  Sen. Harper, Wayne A. | Floor Sponsor:  Rep. Ray, Paul |
- Substitute Sponsor: Rep. Eliason, Steve
- Drafting Attorney: Daniel M. Cheung
- Fiscal Analyst: Russell T. Frandsen
- Bill Text
- Introduced
- Enrolled (Currently Displayed)
- Introduced
- Other Versions
- Related Documents
- Information
- Last Action: 25 Mar 2019, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 14 May 2019
- Session Law Chapter: 262
- Similar Bills
Enrolled
Printer FriendlyS.B. 74
1 AIR AMBULANCE REVISIONS
22019 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Wayne A. Harper
5House 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.
2
3
4
5
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) [
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, [
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 [
103 benefits, per diem, or travel expenses for the member's service on the committee.
104 [
105 Ambulance Committee.
106 [
107 Services Interim Committee before November 30, [
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 [
143 [
144 [
145 [
146 [
147 [
148 [
149 [
150 [
151 [
152 [
153 [
154 [
155 Program, is repealed July 1, 2027.
156 [
157 [
158 [
159 [
160 [
161 [
162 [
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 1/17/2019 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 1/17/2019 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 1/25/2019 | Senate/ received bill from Legislative Research | Waiting for Introduction in the Senate | |
| 1/28/2019 | Senate/ received fiscal note from Fiscal Analyst | Waiting for Introduction in the Senate | |
| 1/28/2019 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
| 1/28/2019 | Senate/ to standing committee | Senate Health and Human Services Committee | |
| 2/1/2019 | Senate Comm - Favorable Recommendation | Senate Health and Human Services Committee | 4 0 4 |
| 2/4/2019 (11:13:56 AM) | Senate/ committee report favorable | Senate Health and Human Services Committee | |
| 2/4/2019 (11:13:57 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 2/12/2019 (3:19:44 PM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
| 2/12/2019 (3:20:21 PM) | Senate/ substituted from # 0 to # 1 | Senate 2nd Reading Calendar | Voice vote |
| 2/12/2019 (3:23:21 PM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 26 0 3 |
| 2/13/2019 (2:43:33 PM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
| 2/13/2019 (2:45:38 PM) | Senate/ passed 3rd reading | Clerk of the House | 24 0 5 |
| 2/13/2019 (2:45:39 PM) | Senate/ to House | Clerk of the House | |
| 2/13/2019 | House/ received from Senate | Clerk of the House | |
| 2/14/2019 | House/ 1st reading (Introduced) | House Rules Committee | |
| 2/15/2019 | House/ to standing committee | House Health and Human Services Committee | |
| 2/19/2019 | House Comm - Favorable Recommendation | House Health and Human Services Committee | 9 0 3 |
| 2/20/2019 (10:20:55 AM) | House/ committee report favorable | House Health and Human Services Committee | |
| 2/20/2019 (10:20:56 AM) | House/ 2nd reading | House 3rd Reading Calendar for Senate bills | |
| 2/21/2019 (10:21:14 AM) | House/ 3rd reading | House 3rd Reading Calendar for Senate bills | |
| 2/21/2019 (10:22:23 AM) | House/ circled | House 3rd Reading Calendar for Senate bills | Voice vote |
| 2/27/2019 (2:30:07 PM) | House/ uncircled | House 3rd Reading Calendar for Senate bills | Voice vote |
| 2/27/2019 (2:35:36 PM) | House/ substituted from # 1 to # 2 | House 3rd Reading Calendar for Senate bills | Voice vote |
| 2/27/2019 (2:37:08 PM) | House/ passed 3rd reading | Senate Secretary | 70 0 5 |
| 2/27/2019 (2:37:10 PM) | House/ to Senate | Senate Secretary | |
| 2/28/2019 (10:17:58 AM) | Senate/ received from House | Senate Secretary | |
| 2/28/2019 (10:17:59 AM) | Senate/ placed on Concurrence Calendar | Senate Concurrence Calendar | |
| 3/1/2019 (10:33:02 AM) | Senate/ concurs with House amendment | House Speaker | 27 0 2 |
| 3/1/2019 (10:33:03 AM) | Senate/ to House | House Speaker | |
| 3/1/2019 | House/ received from Senate | House Speaker | |
| 3/1/2019 | House/ signed by Speaker/ returned to Senate | Senate President | |
| 3/1/2019 | House/ to Senate | Senate President | |
| 3/1/2019 | Senate/ received from House | Senate President | |
| 3/1/2019 | Senate/ signed by President/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/4/2019 | LFA/ fiscal note sent to sponsor | Legislative Research and General Counsel / Enrolling | |
| 3/4/2019 | Bill Received from Senate for Enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/4/2019 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
| 3/5/2019 | LFA/ fiscal note publicly available | Legislative Research and General Counsel / Enrolling | |
| 3/20/2019 | Enrolled Bill Returned to House or Senate | Senate Secretary | |
| 3/20/2019 | Senate/ enrolled bill to Printing | Senate Secretary | |
| 3/20/2019 | Senate/ received enrolled bill from Printing | Senate Secretary | |
| 3/20/2019 | Senate/ to Governor | Executive Branch - Governor | |
| 3/25/2019 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- Senate Floor Audio, Day 16 (2/12/2019) [SB74 Air Ambulance Committee Amendments, Harper]
- Senate Floor Audio, Day 16 (2/12/2019) [1SB74 Air Ambulance Committee Amendments, Harper]
- Senate Floor Audio, Day 17 (2/13/2019) [1SB74 Air Ambulance Committee Amendments, Harper]
- House Floor Audio, Day 24 (2/21/2019) [SB74S1]
- House Floor Audio, Day 30 (2/27/2019) [SB74S2]
- Senate Floor Audio, Day 32 (3/1/2019) [2SB74 Air Ambulance Revisions, Harper]