Air Ambulance Patient Safety, Protection, and Coordination Act - Authorizes states to regulate medical aspects of intrastate air ambulance services with respect to: (1) the quality of emergency medical care provided to patients by air ambulances; (2) the availability of air ambulance services provided to patients with emergency medical conditions; (3) communication between emergency medical and public safety agencies and hospitals as well as the flightcrew and air ambulance medical personnel; (4) the accessibility of emergency medical care provided by air ambulances and the incorporation and integration of air ambulance services into state emergency medical services systems; (5) the acceptability of air ambulance services to ensure the adequate provision by air ambulances of medically necessary emergency medical care to critically ill and injured patients; and (6) the physical attributes of the air ambulance necessary for protection of the ambulance, ground, and emergency response personnel.
Requires an air ambulance medical service provider licensed in more than one state, if the different state air ambulance medical services regulations are inconsistent, to comply with the most stringent regulation.
Requires a state, if necessary, to establish regulations or negotiate mutual aid agreements with adjacent states or air ambulances to ensure access to air ambulance services across state borders.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1117 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1117
To recognize and clarify the authority of the States to regulate the
medical aspects of intrastate air ambulance services pursuant to their
authority over health care services, patient safety and protection,
emergency medical care, the quality and coordination of medical care,
and the practice of medicine within their jurisdictions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2011
Mrs. Miller of Michigan (for herself and Mr. Altmire) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committee on Energy and
Commerce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To recognize and clarify the authority of the States to regulate the
medical aspects of intrastate air ambulance services pursuant to their
authority over health care services, patient safety and protection,
emergency medical care, the quality and coordination of medical care,
and the practice of medicine within their jurisdictions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Ambulance Patient Safety,
Protection, and Coordination Act''.
SEC. 2. CLARIFICATION OF STATE AUTHORITY OVER THE MEDICAL ASPECTS OF
AIR AMBULANCE SERVICES.
(a) In General.--Chapter 401 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 40130. Clarification of State authority over the medical aspects
of air ambulance services
``(a) Clarification of State Authority.--Pursuant to a State's
authority over the licensure and regulation of health care services
within its borders, a State may prescribe licensing and other
regulatory requirements related to the medical aspects of intrastate
air ambulance services in the same manner that it regulates other
health care services within its borders and may integrate such services
into the State's emergency medical services system, including by
establishing requirements related to the following:
``(1) The quality of emergency medical care provided to
patients by air ambulances, including--
``(A) the medical qualifications and medical
training of medical personnel;
``(B) medical records and data collection and
reporting;
``(C) outcome and proficiency measures;
``(D) affiliation with health care institutions for
medical oversight, critical care medical education, and
clinical experience in critical care settings;
``(E) participation in patient safety and quality
control initiatives, such as peer review, utilization
review, and error reporting;
``(F) medical accreditation;
``(G) licensing of personnel including scope of
practice and credentialing; and
``(H) medical oversight.
``(2) The availability of air ambulance services provided
to patients with emergency medical conditions, including--
``(A) service during specified hours and days to
ensure the availability of life-saving medical services
as part of the State's emergency medical services
system; and
``(B) coordination of services, agreements, and
flight requests for patients with emergency medical
conditions being transported from the scene at which
the patient's injury or accident, or other event
resulting in the need for medical services for the
patient, occurred.
``(3) Communication between--
``(A) emergency medical and public safety agencies
and hospitals; and
``(B) the flightcrew and air ambulance medical
personnel to the extent that the communications do not
interfere with the safe operation of the flight.
``(4) The accessibility of emergency medical care provided
by air ambulances and the incorporation and integration of air
ambulance services into State emergency medical services
systems, including--
``(A) access to air ambulance services in regions
of a State;
``(B) the provision of services to all persons for
whom such services are medically necessary and
appropriate regardless of ability to pay;
``(C) the proffer of gifts of monetary value to
referring entities;
``(D) medical criteria, based on the patient's
medical need for transport from the scene at which the
patient's injury or accident, or other event resulting
in the need for medical services for the patient
occurred, for determining the appropriate--
``(i) mode of transport (ground versus air)
utilizing evidence-based triage criteria to the
extent available;
``(ii) air ambulance to be utilized to
transport a patient in accordance with its
capability to meet the patient's medical need;
and
``(iii) medical institution to receive the
patient.
``(5) The acceptability of air ambulance services to ensure
the adequate and appropriate provision of medically necessary
emergency medical care provided by air ambulances to protect
critically ill and injured patients, including--
``(A) medical equipment, devices, and supplies to
be carried on board or affixed to the air ambulance;
``(B) sanitation and infection control;
``(C) licensing of the air ambulance agency or
program;
``(D) licensing of the ambulance vehicle;
``(E) truth in advertising requirements;
``(F) physical attributes of the air ambulance
necessary for the provision of quality medical care,
including--
``(i) permanently installed climate control
systems capable of meeting specified
temperature settings;
``(ii) a configuration that allows adequate
access to the patient, medical equipment, and
medical supplies by the medical personnel;
``(iii) the use of materials in the air
ambulance that are appropriate for proper
patient care;
``(iv) sufficient electrical supply to
support medical equipment without compromising
the ambulance power; and
``(v) the ability of the air ambulance to
transport a patient a certain distance without
refueling within the State.
``(6) Physical attributes of the air ambulance necessary--
``(A) for the protection of the ambulance, ground,
and emergency response personnel; and
``(B) to ensure that the air ambulance has no
structural or functional defects that may adversely
affect such personnel, such as by requiring the
provision of tailrotor illumination for loading
patients at night or external search lights.
``(b) Applicability of Federal Aviation Safety Authority.--No State
health-related regulation established pursuant to this section shall
supersede or be inconsistent with any Federal operating requirement
with respect to aviation safety.
``(c) Limitations.--
``(1) In general.--State requirements and regulations
prescribed pursuant to this section must be in accordance with
objective, competitive, and transparent processes designed to
ensure the highest quality of emergency medical care and
patient safety, best outcomes, and access to life-saving
emergency medical services as part of an integrated emergency
medical services system.
``(2) Prices.--This section shall not be construed to allow
State regulation of the prices charged by air ambulances for
their services.
``(3) Providers licensed in multiple states.--If an air
ambulance is licensed to provide services in more than one
State and the regulations established pursuant to this
subsection by the States are inconsistent, the provider shall
comply with the most stringent of such regulations.
``(4) Nondelegation requirement.--A State may not delegate
authority provided under this section to a political
subdivision of the State.
``(d) Interstate Agreements.--In regulating the provision of air
ambulance services pursuant to this section, a State shall, if
necessary, establish regulations or negotiate mutual aid agreements
with adjacent States or air ambulances to ensure access to air
ambulance services across State borders.
``(e) Definitions.--
``(1) Air ambulance services.--The term `air ambulance
services' means the transport by an air ambulance of a patient,
in both emergency and nonemergency situations, as well as the
medical services provided to such patient in the course of
transport by such air ambulance.
``(2) Federal operating requirements.--The term `Federal
operating requirements' means requirements under part A of
subtitle VII of title 49, United States Code, and Federal
aviation regulations set forth in title 14, Code of Federal
Regulations.
``(3) Referring entities.--The term `referring entity'
means any entity that dispatches or provides a referral for a
provider of air ambulance services, such as a medical
institution, an agency providing emergency medical services, or
a first responder.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``40130. Clarification of State authority over the medical aspects of
air ambulance services.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Health.
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