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What States Can Do to Address Out-of-Network Air Ambulance Bills

Published online by Cambridge University Press:  01 January 2021

Erin C. Fuse Brown ,
Alex McDonald  and
Ngan T. Nguyen
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Abstract

Out-of-network air ambulance bills are a pernicious and financially devastating type of surprise medical bill. Courts have broadly interpreted the Airline Deregulation Act to preempt most state attempts to regulate air ambulance billing abuses, so a federal solution is ultimately needed. However, in the absence of a federal fix, states have experimented with a variety of approaches that may survive preemption and provide some protections for their citizens

Type
Symposium Articles
Information
Journal of Law, Medicine & Ethics , Volume 48 , Issue 3: A Bold Agenda for the Next Steps in Health Reform , Fall 2020 , pp. 462 - 473
Copyright
Copyright © American Society of Law, Medicine and Ethics 2020

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House Bill 73, codified at Mont. Code Ann. §§ 33-2-2201 – 2112 (2017) (“A private air ambulance service…shall obtain a certificate of authority from the commissioner prior to selling, soliciting, or negotiating a membership agreement in Montana;” requirements, among others, include stating “membership agreement is an insurance contract” when issued to members); Alaska Stat. §§ 21.61.105, 21.61.106 (2014) (requires air ambulances offering membership programs to register biennially with the Director of Insurance, among other operation requirements, and those providers are considered “insurers,” and those membership agreements, “excepted benefits” insurance policies; “OGC Op. No. 08-07-30,” New York State, available at <https://www.dfs.ny.gov/insurance/ogco2008/rg080730.htm> (last visited January 27, 2020) (membership or subscription plans have been interpreted to fall under New York insurance laws as early as 1986).+(last+visited+January+27,+2020)+(membership+or+subscription+plans+have+been+interpreted+to+fall+under+New+York+insurance+laws+as+early+as+1986).>Google Scholar
United States Department of Transportation, supra note 31.Google Scholar
Guardian Flight, supra note 64 at 759.Google Scholar
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