Florida Senate - 2018 SB 556 By Senator Stewart 13-00758-18 2018556__ 1 A bill to be entitled 2 An act relating to emergency medical air 3 transportation services; creating s. 401.2515, F.S.; 4 providing a short title; providing definitions; 5 directing the Department of Health to establish the 6 Emergency Medical Air Transportation Act Account 7 within the Emergency Medical Services Trust Fund; 8 requiring the department to use the moneys in such 9 account for specified purposes; providing duties of 10 the director of the Division of Emergency Preparedness 11 and Community Support; providing conditions for the 12 department to increase Florida Medicaid reimbursement 13 payments to emergency medical air transportation 14 services providers; amending ss. 318.18 and 318.21, 15 F.S.; requiring an additional penalty to be imposed 16 for certain moving violations; providing for 17 distribution and use of the moneys received; providing 18 an effective date. 19 20 WHEREAS, emergency medical air transportation services 21 providers offer lifesaving transportation for the most critical 22 patients from motor vehicle accident scenes directly to trauma 23 centers, and 24 WHEREAS, emergency medical air transportation services 25 providers transport all emergency patients without knowing 26 whether the patient has medical insurance or the ability to pay 27 for the service, and 28 WHEREAS, emergency medical air transportation services 29 providers are not eligible to apply for additional federal 30 funding for providing services to high numbers of Medicaid, 31 uninsured, or underinsured patients pursuant to Florida’s 32 Medicaid program, and 33 WHEREAS, emergency medical air transportation services 34 providers provide coverage to multiple counties within a 100 35 mile radius of their bases, and often their transports originate 36 in a county other than the county in which the provider is 37 based, which makes it difficult for providers in small counties 38 to be locally funded, and 39 WHEREAS, the Florida Medicaid program reimburses emergency 40 medical air transportation services providers at a rate far less 41 than what it costs the providers to provide emergency air 42 transportation and does not reimburse the providers if the 43 patient is indigent and ineligible for Medicaid, and 44 WHEREAS, fines and penalties for traffic violations 45 discourage dangerous driving behavior and, for certain traffic 46 violations, a portion of the fines and penalties is used to fund 47 programs that provide health care and rehabilitation to victims 48 of dangerous drivers, and 49 WHEREAS, an additional penalty for each moving traffic 50 violation will provide support for emergency medical air 51 transportation services, which are the most critical services 52 for persons injured as a result of a motor vehicle accident, and 53 WHEREAS, emergency medical air transportation services play 54 a key role in the statewide emergency medical services system, 55 including disaster response and homeland security, and, 56 therefore, it is important for the state to support these vital 57 services, NOW, THEREFORE, 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Section 401.2515, Florida Statutes, is created 62 to read: 63 401.2515 Emergency medical air transportation services.— 64 (1) This section may be cited as the “Emergency Medical Air 65 Transportation Act.” 66 (2) As used in this section, the term: 67 (a) “Air mileage rate” means the per-mile reimbursement 68 rate paid for services rendered by rotary-wing and fixed-wing 69 providers. 70 (b) “Director” means the director of the Division of 71 Emergency Preparedness and Community Support. 72 (c) “Fixed-wing” means a type of aircraft, commonly 73 referred to as an airplane, which generates lift through the use 74 of the forward motion of the aircraft and wings that do not 75 revolve around a mast but are fixed in relation to the fuselage 76 of the aircraft. 77 (d) “Provider” means a provider of emergency medical air 78 transportation services. 79 (e) “Rotary-wing” means a type of aircraft, commonly 80 referred to as a helicopter, which generates lift through the 81 use of wings, known as rotor blades, which revolve around a 82 mast. 83 (3) The department shall establish the Emergency Medical 84 Air Transportation Act Account within the Emergency Medical 85 Services Trust Fund in an amount determined by the Legislature 86 to be used pursuant to this section. 87 (4) In cooperation with the Agency for Health Care 88 Administration, the department shall use the moneys in the 89 Emergency Medical Air Transportation Act Account to generate 90 federal matching funds to augment reimbursement payments made to 91 providers by the Florida Medicaid program. The director shall: 92 (a) By September 1, 2018, meet with providers to develop 93 the most appropriate methodology for distribution of 94 reimbursement payments. 95 (b) Implement the methodology developed under paragraph (a) 96 in a timely manner. 97 (c) Seek amendments to the Medicaid state plan and waivers 98 of federal laws, as necessary, to implement this section. Moneys 99 in the account may be distributed pursuant to this section until 100 federal approvals of waiver requests are received. 101 (5)(a) Upon appropriation by the Legislature, the 102 department shall use moneys in the Emergency Medical Air 103 Transportation Act Account and federal matching funds generated 104 pursuant to subsection (4) to increase the Florida Medicaid 105 reimbursement paid to providers to not more than the customary 106 fees charged by the providers for such services. 107 (b) Notwithstanding any other provision of law and pursuant 108 to this subsection, the department must increase the Florida 109 Medicaid reimbursement payments pursuant to paragraph (a) if the 110 following conditions are met: 111 1. Moneys in the Emergency Medical Air Transportation Act 112 Account are sufficient to cover the cost of increased 113 reimbursement payments. 114 2. General revenue funds are not used to offset the cost of 115 increased reimbursement payments. 116 Section 2. Subsection (23) is added to section 318.18, 117 Florida Statutes, to read: 118 318.18 Amount of penalties.—The penalties required for a 119 noncriminal disposition pursuant to s. 318.14 or a criminal 120 offense listed in s. 318.17 are as follows: 121 (23) In addition to any other penalty, $1 for a moving 122 violation under chapter 316, except for penalties imposed under 123 subsections (7) and (15). Within 30 days after the last day of 124 each calendar quarter, each municipality and county shall 125 transfer moneys collected under this subsection to the Emergency 126 Medical Services Trust Fund within the Department of Health, 127 established under s. 20.435, for deposit into the Emergency 128 Medical Air Transportation Act Account, established under s. 129 401.2515, to be used as provided in s. 401.2515. 130 Section 3. Subsection (22) is added to section 318.21, 131 Florida Statutes, to read: 132 318.21 Disposition of civil penalties by county courts.—All 133 civil penalties received by a county court pursuant to the 134 provisions of this chapter shall be distributed and paid monthly 135 as follows: 136 (22) Notwithstanding subsections (1) and (2), the proceeds 137 from the additional penalty imposed under s. 318.18(23) shall be 138 distributed as provided in that subsection. 139 Section 4. This act shall take effect July 1, 2018.