HB478INTRODUCED Page 0 HB478 JPI5SYN-1 By Representative Oliver RFD: Insurance First Read: 20-Mar-25 1 2 3 4 5 JPI5SYN-1 03/20/2025 JC (L)lg 2025-1301 Page 1 First Read: 20-Mar-25 SYNOPSIS: This bill would regulate the provision of emergency ambulance services in the state for a period of approximately four years, by imposing requirements on reimbursement by health insurers for ambulance providers that depend on whether the provider is in-network or out-of-network. Currently, a provider that is not in a health care insurer's network may bill an insured individual for the balance of its retail charge for ground ambulance service after it has received payment from the insurer. This bill would prohibit this practice and limit the charge to an enrollee to no more than the in-network cost-sharing amount under the insurance contract. This bill would require health insurers to reimburse an ambulance service within 30 days of receiving the claim. During the first two years that the requirements of this bill would be in effect, the Alabama Department of Public Health would be required to study its impact on the responsiveness and availability of ambulance services, especially in rural areas of the state. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB478 INTRODUCED Page 2 A BILL TO BE ENTITLED AN ACT Relating to health insurance; to set requirements on reimbursement rates for ambulance services covered by health insurance plans; to prohibit balance billing of insureds who receive emergency transportation; to regulate cost-sharing for insureds and to require reimbursement within a defined period; to require the Alabama Department of Public Health to conduct a study on the effects of this act on ambulance services in the state; and to provide for the repeal of this act. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. For the purposes of this act, the following words have the following meanings: (1) CLEAN CLAIM. A reimbursement claim for covered services which is submitted to a health care insurer and which contains substantially all of the data and information necessary for accurate adjudication, without the need for additional information from the emergency medical provider service or a third party. (2) COST-SHARING AMOUNT. The enrollee's deductible, coinsurance, copayment, or other amount due under a health care benefit plan for covered services. (3) COVERED SERVICES or COVERED SERVICE. Those services provided by an emergency medical service provider which are 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB478 INTRODUCED Page 3 provided by an emergency medical service provider which are covered by an enrollee's health care benefit plan, including emergency ground transport. (4) EMERGENCY MEDICAL SERVICE PROVIDER. Any public or private organization that is licensed to provide emergency medical services as defined in Section 22-18-1, Code of Alabama 1975, including emergency ground transport. (5) ENROLLEE. An individual who resides in the State of Alabama who is covered by a health care benefit plan. (6) HEALTH CARE BENEFIT PLAN. Any individual or group plan, policy, or contract issued, delivered, or renewed in this state by a health care insurer to provide, deliver, arrange for, pay for, or reimburse health care services, including those provided by an emergency medical service provider, except for payments for health care made under automobile or homeowners insurance plans, accident-only plans, specified disease plans, long-term care plans, supplemental hospital or fixed indemnity plans, dental and vision plans, or Medicaid. (7) HEALTH CARE INSURER. Any entity that issues or administers a health care benefit plan, including a health care insurer, a nonprofit health care services plan incorporated under Chapter 20, Title 10A, Code of Alabama 1975, or a health maintenance organization established under Chapter 21A, Title 27, Code of Alabama 1975. (8) IN-NETWORK. When an emergency medical service provider is in a contract with the health care insurer to provide covered services in the health care insurer's provider network. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 HB478 INTRODUCED Page 4 network. (9) OUT-OF-NETWORK. When an emergency medical service provider does not have a contract with a health care insurer to provide covered services in the health care insurer's provider network. Section 2. (a) Every health care insurer shall provide an option for the emergency medical service provider to be in-network. (b) Negotiated or contracted in-network rates shall not decrease after October 1, 2025. (c) Negotiated or contracted in-network rates shall be and remain a percentage of the current published rate for ambulance services as established by the Centers for Medicare and Medicaid Services under Title XVIII of the Social Security Act for the same service provided in the same geographic area. Section 3. (a) The minimum reimbursement rate for covered services under any health care benefit plan issued by a health insurer to an out-of-network emergency medical service provider shall be 185 percent of the current published rate for ambulance services as established by the Centers for Medicare and Medicaid Services under Title XVIII of the Social Security Act for the same service provided in the same geographic area. (b) The cost-sharing amounts shall not exceed the in-network cost-sharing amounts for the covered health care services received by an enrollee when the services are provided by an out-of-network emergency ambulance service provider. Section 4. The reimbursement rate to an emergency 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 HB478 INTRODUCED Page 5 Section 4. The reimbursement rate to an emergency medical service provider for covered services under any health care benefit plan issued by a health care insurer shall be the greater of the following: (1) The negotiated or contract rate for being in-network as provided in Section 2. (2) The minimum reimbursement rate for covered services for an out-of-network emergency medical service provider as provided in Section 3. Section 5. (a) Payment made in accordance with Section 4 shall be considered payment in full for the covered services provided, except for any cost-sharing amount, noncovered service, or service considered not medically necessary required to be paid by an enrollee. (b) An emergency medical service provider is prohibited from balance billing an enrollee for any additional amounts for paid covered services. Section 6. A health care insurer shall not require any prior authorization for services provided by an emergency medical services provider or follow the same practices established by the Centers for Medicare and Medicaid Services under Section 1834 of Title XVIII of the Social Security Act. Section 7. (a)(1) Within 30 days after receipt of a clean claim for reimbursement, a health care insurer shall remit payment to the emergency medical service provider and shall not send payment to an enrollee. (2) A health care insurer shall remit payment with a specific remark code to indicate that the claim has been paid under the provisions of this act. 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 HB478 INTRODUCED Page 6 under the provisions of this act. (b)(1) If a claim for reimbursement submitted by an emergency medical service provider to a health care insurer is not a clean claim, within 30 days, the health care insurer shall send the provider a written notice acknowledging the date of receipt of the claim, accompanied with one of the following applicable statements: a. The insurer is declining to pay all or a part of the claim and the specific reason or reasons for the denial. b. Additional information is necessary to determine if the claim is payable and the specific additional information that is required. (2) On any claim denial, the emergency medical service provider may bill the enrollee for all billed charges. Section 8. (a) The Alabama Department of Public Health shall conduct a comprehensive study to determine the effectiveness of reimbursement payments paid in accordance with this act and determine whether: (i) the average response time for ambulance services in Alabama has decreased; and (ii) the number of ambulances in Alabama, especially in rural areas, has increased. (b) All costs and expenses of the study shall be paid by a nonprofit health care services plan incorporated under Chapter 20, Title 10A, Code of Alabama 1975. (c) The results of this study shall be provided to Blue Cross Blue Shield of Alabama and the Alabama Association of Ambulance Services no later than January 1, 2028. Section 9. This act is repealed on June 1, 2029. Section 10. This act shall become effective on October 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 HB478 INTRODUCED Page 7 Section 10. This act shall become effective on October 1, 2025.169