Florida Senate - 2015                                    SB 1280
       
       
        
       By Senator Soto
       
       
       
       
       
       14-01011-15                                           20151280__
    1                        A bill to be entitled                      
    2         An act relating to emergency air medical service;
    3         creating s. 401.2515, F.S.; defining terms; imposing a
    4         fee on certain motor vehicle moving violations and
    5         local ordinances; requiring municipalities and
    6         counties to transfer moneys collected to the Emergency
    7         Medical Services Trust Fund; creating a separate
    8         account within the trust fund; providing for the
    9         administration and use of the funds; requiring the
   10         Department of Health to seek to obtain federal
   11         matching funds; amending s. 20.435, F.S.; conforming
   12         provisions to changes made by the act; providing an
   13         effective date.
   14  
   15         WHEREAS, air ambulance services provide lifesaving
   16  emergency transportation directly from automobile accident
   17  scenes to trauma centers for the most critical patients, and
   18         WHEREAS, in rural areas, air ambulance services are the
   19  only means of transport to get patients to trauma centers in a
   20  reasonable amount of time, and, in urban areas, air ambulance
   21  services are able to avoid traffic congestion, and
   22         WHEREAS, air ambulance service providers transport
   23  emergency patients without knowing if the patient has any form
   24  of medical insurance or an ability to pay for the service, and
   25         WHEREAS, many patients transported by air ambulances do not
   26  have insurance or the ability to pay for the service, but are
   27  given the same high level of care as those with medical
   28  insurance, and
   29         WHEREAS, emergency air ambulance service providers provide
   30  coverage to multiple counties within a 100-mile radius of their
   31  bases, and often their transports originate in a county other
   32  than where they are based, which makes local funding difficult,
   33  and
   34         WHEREAS, air ambulance service providers are reimbursed by
   35  the state’s Medicaid program far below what it costs to cover
   36  emergency air transportation and are not reimbursed if the
   37  patient is indigent or not eligible for Medicaid, and
   38         WHEREAS, unlike the hospitals to which air ambulance
   39  service providers deliver patients, air ambulance service
   40  providers are not eligible to apply for federal funding to cover
   41  providing services to high numbers of Medicaid, uninsured, or
   42  underinsured patients, and
   43         WHEREAS, a portion of the penalty for certain traffic
   44  violations is used to fund other programs and providers that
   45  make health care and rehabilitation available to patients, and
   46         WHEREAS, air ambulance services are the most critical means
   47  of supporting patients who are injured as a result of major
   48  traffic collisions, and
   49         WHEREAS, an additional fee of $5 per moving traffic
   50  violation will result in a very small percentage increase on
   51  each traffic violation penalty and be used to support air
   52  ambulance services, and
   53         WHEREAS, air ambulance services play a key role in the
   54  statewide emergency medical services system, including disaster
   55  response and homeland security, and it is important for the
   56  state to support these vital services, NOW, THEREFORE,
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Section 401.2515, Florida Statutes, is created
   61  to read:
   62         401.2515 Emergency air medical service.—
   63         (1)DEFINITIONS.—As used in this section, the term:
   64         (a) “Director” means the director of the Division of
   65  Emergency Preparedness and Community Support.
   66         (b) “Provider” means a provider of emergency medical air
   67  transportation services.
   68         (2) TRAFFIC VIOLATION FEE.
   69         (a) Except for red light violations, toll violations, and
   70  parking offenses, a fee of $5 is imposed upon every motor
   71  vehicle moving violation of chapter 316 or a local ordinance
   72  adopted pursuant to the Florida Uniform Traffic Control Law. The
   73  fee is in addition to any penalty assessed pursuant to chapter
   74  316.
   75         (b) Each municipality and county, within 30 days after the
   76  last day of each calendar quarter of the year, shall transfer
   77  moneys collected under this section to the Emergency Medical
   78  Services Trust Fund established by s. 20.435. The department
   79  shall keep the moneys collected in a separate account named the
   80  Emergency Air Ambulance Service Account.
   81         (3) ADMINISTRATION AND USE OF FUNDS.—
   82         (a) The Emergency Air Ambulance Service account shall be
   83  administered by the division. Moneys in the account shall be
   84  made available, upon appropriation by the Legislature, to the
   85  department to pay administrative costs and then to augment
   86  emergency air ambulance service provider reimbursement payments
   87  made through the Florida Medicaid program.
   88         (b) Notwithstanding any other provision of law, the
   89  department shall increase the Florida Medicaid reimbursement for
   90  emergency air ambulance service providers if:
   91         1. Moneys in the Emergency Air Ambulance Service account
   92  cover the cost of increased payments;
   93         2. Any reimbursement amount does not exceed the normal and
   94  customary charges of the provider; and
   95         3. The state does not incur any general revenue expense to
   96  pay for the increase.
   97         (4) METHODOLOGY.—
   98         (a) The department, working with the Agency for Health Care
   99  Administration, must seek to obtain federal matching funds to
  100  augment Florida Medicaid reimbursement for emergency air
  101  ambulance service providers.
  102         (b) The director shall:
  103         1. By July 1, 2016, meet with air ambulance service
  104  providers to determine the most appropriate methodology to
  105  distribute the funds for air ambulance services;
  106         2. Implement in a timely manner the methodology determined
  107  most appropriate, giving great weight to the needs of the air
  108  ambulance service providers;
  109         3. Submit any state plan amendment or waiver request that
  110  may be necessary to implement this section; and
  111         4. Seek federal approvals or waivers as may be necessary to
  112  implement this section and to obtain federal financial
  113  participation to the maximum extent possible for the payments
  114  under this section. If federal approvals are not received,
  115  moneys in the fund may be distributed pursuant to this section
  116  until federal approvals are received.
  117         Section 2. Paragraph (a) of subsection (13) of section
  118  20.435, Florida Statutes, is amended to read:
  119         20.435 Department of Health; trust funds.—The following
  120  trust funds shall be administered by the Department of Health:
  121         (13) Emergency Medical Services Trust Fund.
  122         (a) Funds to be credited to and uses of the trust fund
  123  shall be administered in accordance with ss. 318.14, 318.18,
  124  318.21, 395.403, and 395.4036, and 401.2515 and parts I and II
  125  of chapter 401.
  126         Section 3. This act shall take effect October 1, 2015.