Florida Senate - 2019                                      SB 98
       By Senator Stewart
       13-00132-19                                             201998__
    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; defining terms; directing the
    5         Department of Health to establish the Emergency
    6         Medical Air Transportation Act Account within the
    7         Emergency Medical Services Trust Fund; requiring the
    8         department to use the moneys in such account for
    9         specified purposes; specifying duties of the director
   10         of the Division of Emergency Preparedness and
   11         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.
   20         WHEREAS, emergency medical air transportation services
   21  providers offer lifesaving transportation for the most
   22  critically injured patients from motor vehicle crash scenes
   23  directly to trauma centers, and
   24         WHEREAS, emergency medical air transportation services
   25  providers transport all emergency patients without knowing
   26  whether a 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 cover multiple counties within a 100-mile radius of
   35  their bases, and often a provider’s transport originates in a
   36  county other than the county in which the provider is based,
   37  which makes it difficult for providers in small counties to be
   38  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 the program does not reimburse the providers
   43  if the 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 crash, 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,
   59  Be It Enacted by the Legislature of the State of Florida:
   61         Section 1. Section 401.2515, Florida Statutes, is created
   62  to read:
   63         401.2515Emergency 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)“Director” means the director of the Division of
   68  Emergency Preparedness and Community Support.
   69         (b)“Provider” means a provider of emergency medical air
   70  transportation services.
   71         (3)The department shall establish the Emergency Medical
   72  Air Transportation Act Account within the Emergency Medical
   73  Services Trust Fund in an amount determined by the Legislature
   74  to be used pursuant to this section.
   75         (4)In cooperation with the Agency for Health Care
   76  Administration, the department shall use the moneys in the
   77  Emergency Medical Air Transportation Act Account to generate
   78  federal matching funds to increase the reimbursement payments
   79  made to providers by the Florida Medicaid program. The director
   80  shall:
   81         (a)By September 1, 2019, meet with providers to develop
   82  the most appropriate methodology for distribution of
   83  reimbursement payments.
   84         (b)Implement the methodology developed under paragraph (a)
   85  in a timely manner.
   86         (c)Seek amendments to the Medicaid state plan and waivers
   87  of federal laws, as necessary, to implement this section. Moneys
   88  in the account may be distributed pursuant to this section until
   89  federal approvals of waiver requests are received.
   90         (5)(a)Upon appropriation by the Legislature, the
   91  department shall use moneys in the Emergency Medical Air
   92  Transportation Act Account and federal matching funds generated
   93  pursuant to subsection (4) to increase the Florida Medicaid
   94  reimbursement paid to providers to not more than the customary
   95  fees charged by the providers for their services.
   96         (b)Notwithstanding any other provision of law and pursuant
   97  to this subsection, the department must increase the Florida
   98  Medicaid reimbursement payments pursuant to paragraph (a) if the
   99  following conditions are met:
  100         1.Moneys in the Emergency Medical Air Transportation Act
  101  Account are sufficient to cover the cost of increased
  102  reimbursement payments.
  103         2.General revenue funds are not used to offset the cost of
  104  increased reimbursement payments.
  105         Section 2. Subsection (23) is added to section 318.18,
  106  Florida Statutes, to read:
  107         318.18 Amount of penalties.—The penalties required for a
  108  noncriminal disposition pursuant to s. 318.14 or a criminal
  109  offense listed in s. 318.17 are as follows:
  110         (23)In addition to any other penalty, $1 for a moving
  111  violation under chapter 316, except for penalties imposed under
  112  subsections (7) and (15). Within 30 days after the last day of
  113  each calendar quarter, each municipality and county shall
  114  transfer moneys collected under this subsection to the Emergency
  115  Medical Services Trust Fund within the Department of Health,
  116  established under s. 20.435, for deposit into the Emergency
  117  Medical Air Transportation Act Account, established under s.
  118  401.2515, to be used as provided in s. 401.2515.
  119         Section 3. Subsection (22) is added to section 318.21,
  120  Florida Statutes, to read:
  121         318.21 Disposition of civil penalties by county courts.—All
  122  civil penalties received by a county court pursuant to the
  123  provisions of this chapter shall be distributed and paid monthly
  124  as follows:
  125         (22)Notwithstanding subsections (1) and (2), the proceeds
  126  from the additional penalty imposed under s. 318.18(23) shall be
  127  distributed as provided in that subsection.
  128         Section 4. This act shall take effect July 1, 2019.