Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 74 Second Substitute (2019GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/25/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends membership and reporting requirements for the Air Ambulance Committee;
• requires an emergency medical service provider and health care facility to provide information about air ambulance charges to certain patients; and
• reauthorizes the Air Ambulance Committee for five years.

Every vote on this bill

Bill text

AIR AMBULANCE REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Paul Ray
LONG TITLE
General Description:
This bill amends provisions relating to the Air Ambulance Committee.
Highlighted Provisions:
This bill:
▸ amends membership and reporting requirements for the Air Ambulance Committee;
▸ requires an emergency medical service provider and health care facility to provide
information about air ambulance charges to certain patients; and
▸ reauthorizes the Air Ambulance Committee for five years.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-8a-107
, as enacted by Laws of Utah 2017, Chapter 419
63I-2-226
, as last amended by Laws of Utah 2018, Chapters 38 and 281
ENACTS:
26-8a-602
, Utah Code Annotated 1953
26-21-32
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-8a-107
 is amended to read:
26-8a-107.
Air Ambulance Committee -- Membership -- Duties.
(1) The Air Ambulance Committee created by Section 
26-1-7
 shall be composed of the
following members:
(a) the state emergency medical services medical director;
(b) one physician who:
(i) is licensed under:
(A) Title 58, Chapter 67, Utah Medical Practice Act;
(B) Title 58, Chapter 67b, Interstate Medical Licensure Compact; or
(C) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(ii) actively provides trauma or emergency care at a Utah hospital; and
(iii) has experience and is actively involved in state and national air medical transport
issues;
(c) one member from each level 1 and level 2 trauma center in the state of Utah,
selected by the trauma center the member represents;
(d) one registered nurse who:
(i) is licensed under Title 58, Chapter 31b, Nurse Practice Act; and
(ii) currently works as a flight nurse for an air medical transport provider in the state of
Utah;
(e) one paramedic who:
(i) is licensed under Title 26, Chapter 8a, Utah Emergency Medical Services System
Act; and
(ii) currently works for an air medical transport provider in the state of Utah; and
(f) [
one member
] 
two members, each
 from a 
different
 for-profit air medical transport
company operating in the state of Utah.
(2) The state emergency medical services medical director shall appoint the physician
member under Subsection (1)(b), and the physician shall serve as the chair of the Air
Ambulance Committee.
(3) The chair of the Air Ambulance Committee shall:
(a) appoint the Air Ambulance Committee members under Subsections (1)(c) through
(f);
(b) designate the member of the Air Ambulance Committee to serve as the vice chair
of the committee; and
(c) set the agenda for Air Ambulance Committee meetings.
(4) (a) Except as provided in Subsection (4)(b), members shall be appointed to a
two-year term.
(b) Notwithstanding Subsection (4)(a), the Air Ambulance Committee chair shall, at
the time of appointment or reappointment, adjust the length of the terms of committee
members to ensure that the terms of the committee members are staggered so that
approximately half of the committee is reappointed every two years.
(5) (a) A majority of the members of the Air Ambulance Committee constitutes a
quorum.
(b) The action of a majority of a quorum constitutes the action of the Air Ambulance
Committee.
(6) The Air Ambulance Committee shall, before November 30, [
] 
2019, and
before November 30 of every odd-numbered year thereafter
, provide recommendations to the
Health and Human Services Interim Committee regarding the development of state standards
and requirements related to:
(a) air medical transport provider licensure and accreditation;
(b) air medical transport medical personnel qualifications and training; and
(c) other standards and requirements to ensure patients receive appropriate and
high-quality medical attention and care by air medical transport providers operating in the state
of Utah.
(7) (a) The committee shall prepare an annual report, using any data available to the
department and in consultation with the Insurance Department, that includes the following
information for each air medical transport provider that operates in the state:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available to the committee, the average charge for air medical
transport services for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge
not paid by the patient's health insurer.
(b) When calculating the average charge under Subsection (7)(a)(ii), the committee
shall distinguish between:
(i) a rotary wing provider and a fixed wing provider; and
(ii) any other differences between air medical transport service providers that may
substantially affect the cost of the air medical transport service, as determined by the
committee.
(c) The department shall:
(i) post the committee's findings under Subsection (7)(a) on the department's website;
and
(ii) send the committee's findings under Subsection (7)(a) to each emergency medical
service provider, health care facility, and other entity that has regular contact with patients in
need of air medical transport provider services.
[
(7)
] 
(8)
 An Air Ambulance Committee member may not receive compensation,
benefits, per diem, or travel expenses for the member's service on the committee.
[
(8)
] 
(9)
 The Office of the Attorney General shall provide staff support to the Air
Ambulance Committee.
[
(9)
] 
(10)
 The Air Ambulance Committee shall report to the Health and Human
Services Interim Committee before November 30, [
] 
, regarding the sunset of this
section in accordance with Section 
63I-2-226
.
Section 2. Section 
26-8a-602
 is enacted to read:
 26-8a-602.
Notification of air ambulance policies and charges.
(1) For any patient who is in need of air medical transport provider services, an
emergency medical service provider shall:
(a) provide the patient or the patient's representative with the information described in
Subsection 
26-8a-107
(7)(a) before contacting an air medical transport provider; and
(b) if multiple air medical transport providers are capable of providing the patient with
services, provide the patient or the patient's representative an opportunity to choose the air
medical transport provider.
(2) Subsection (1) does not apply if the patient:
(a) is unconscious and the patient's representative is not physically present with the
patient; or
(b) is unable, due to a medical condition, to make an informed decision about the
choice of an air medical transport provider, and the patient's representative is not physically
present with the patient.
Section 3. Section 
26-21-32
 is enacted to read:
 26-21-32.
Notification of air ambulance policies and charges.
(1) For any patient who is in need of air medical transport provider services, a health
care facility shall:
(a) provide the patient or the patient's representative with the information described in
Subsection 
26-8a-107
(7)(a) before contacting an air medical transport provider; and
(b) if multiple air medical transport providers are capable of providing the patient with
services, provide the patient or the patient's representative with an opportunity to choose the air
medical transport provider.
(2) Subsection (1) does not apply if the patient:
(a) is unconscious and the patient's representative is not physically present with the
patient; or
(b) is unable, due to a medical condition, to make an informed decision about the
choice of an air medical transport provider, and the patient's representative is not physically
present with the patient.
Section 4. Section 
63I-2-226
 is amended to read:
63I-2-226.
Repeal dates -- Title 26.
(1) Subsection 
26-7-8
(3) is repealed January 1, 2027.
[
(2) Subsection 
26-7-9
(5) is repealed January 1, 2019.
]
[
(3)
] 
(2)
 Section 
26-8a-107
 is repealed July 1, [
] 
.
[
(4)
] 
(3)
 Subsection 
26-8a-203
(3)(a)(i) is repealed January 1, 2023.
[
(5)
] 
(4)
 Subsection 
26-18-2.3
(5) is repealed January 1, 2020.
[
(6)
] 
(5)
 Subsection 
26-18-2.4
(3)(e) is repealed January 1, 2023.
[
(7) Subsection 
26-18-408
(6) is repealed January 2, 2019.
]
[
(8)
] 
(6)
 Subsection 
26-18-410
(5) is repealed January 1, 2026.
[
(9)
] 
(7)
 Subsection 
26-18-411
(5) is repealed January 1, 2023.
[
(10)
] 
(8)
 Subsection 
26-18-604
(2) is repealed January 1, 2020.
[
(11)
] 
(9)
 Subsection 
26-21-28
(2)(b) is repealed January 1, 2021.
[
(12)
] 
(10)
 Subsection 
26-33a-106.1
(2)(a) is repealed January 1, 2023.
[
(13)
] 
(11)
 Subsection 
26-33a-106.5
(6)(c)(iii) is repealed January 1, 2020.
[
(14)
] 
(12)
 Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
Program, is repealed July 1, 2027.
[
(15)
] 
(13)
 Subsection 
26-50-202
(7)(b) is repealed January 1, 2020.
[
(16)
] 
(14)
 Subsections 
26-54-103
(6)(d)(ii) and (iii) are repealed January 1, 2020.
[
(17)
] 
(15)
 Subsection 
26-55-107
(8) is repealed January 1, 2021.
[
(18)
] 
(16)
 Subsection 
26-56-103
(9)(d) is repealed January 1, 2020.
[
(19)
] 
(17)
 Title 26, Chapter 59, Telehealth Pilot Program, is repealed January 1, 2020.
[
(20)
] 
(18)
 Subsection 
26-61-202
(4)(b) is repealed January 1, 2022.
[
(21)
] 
(19)
 Subsection 
26-61-202
(5) is repealed January 1, 2022.