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. 19 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, 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) “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.