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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2872 By: Wallace and Moore of the
House
and
Rosino of the Senate
An Act relating to ambulances; creating the Out -of-
Network Ambulance Provider Act; defining terms;
setting minimum allowable rates; requiring certain
payment to be payments in full; restricting billing
to certain persons; setting certain limits on certain
payments; requiring certain payments to certain
entities; requiring certain timelines for certain
payments; providing for ce rtain processes for
specific purposes; providing for codification; and
providing an effective date.
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to ambulances; creating the Out -of-
Network Ambulance Service Provider Act; providing
short title; defining terms; setting minimum
allowable rates; requiring certain payment to be
payments in full; restricting billing to certain
persons; setting certain limits on certain payments;
requiring compliance w ith certain claims
requirements; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6050.1 of Title 36, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Out -of-Network
Ambulance Service Provider Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6050.2 of Title 36, unless there
is created a duplication in numbering, reads as follows:
As used in the Out-of-Network Ambulance Service Provider Act:
1. “Ambulance service provider” means an ambu lance service as
defined by Section 1 -2503 of Title 63 of the Oklahoma Statutes
except that, for the purposes of this act, the term shall be limited
to an ambulance service provider that provides ground transportation
services;
2. “Covered ambulance servi ces” means those ground ambulance
services which an enrollee is entitled to receive under the terms of
a health care benefit plan;
3. “Enrollee” means a person who is entitled to receive covered
ambulance services under the terms of a health care benefit plan;
4. “Health care benefit plan” means a plan, policy, contract,
certificate, agreement, or other evidence of coverage for health
care services offered, issued, renewed, or extended in this state by
a health care insurer, or government -sponsored self-insured plans.
Health care benefit plan does not include any health plan offered by
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a contracted entity as defined in Section 4002.2 of Title 56 of the
Oklahoma Statutes that provides coverage to members of the state
Medicaid program;
5. “Health care insu rer” means an entity that is subject to
state insurance regulation and provides coverage for health benefits
in this state and includes the following:
a. an insurance company,
b. a health maintenance organization,
c. a hospital and medical service corporat ion,
d. a risk-based provider organization, or
e. a sponsor or self-funded plan.
Health care insurer does not include a contracted entity as defined
in Section 4002.2 of Title 56 of the Oklahoma Statutes that provides
coverage to members of the state Medic aid program;
6. “Out-of-network” means a provider that does not contract
with the health care insurer of the enrollee receiving the covered
ambulance services; and
7. “Clean claim” means a claim that has no defect of
impropriety, including any lack of re quired substantiating
documentation or particular circumstances requiring special
treatment that prevents timely payment from being made on the claim.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes a s Section 6050.3 of Title 36, unless there
is created a duplication in numbering, reads as follows:
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A. The minimum allowable reimbursement rate under any health
care benefit plan issued by a health care insurer to an out -of-
network ambulance service provi der for providing covered ambulance
services shall be at the rates set or approved, whether in contract
or ordinance, by a local governmental entity in the jurisdiction in
which the covered ambulance services originate.
B. In the absence of the rates as p rovided in subsection A of
this section, the rate shall be the lesser of:
1. Three hundred twenty -five percent (325%) of the current
published rate for ambulance services as established by the Centers
for Medicare and Medicaid Services under Title XVIII o f the Social
Security Act for the same services provided in the same geographic
area; or
2. The ambulance service provider’s billed charges.
C. Payment made in compliance with this section shall be
considered payment in full for the covered ambulance ser vices
provided, except for any copayment, coinsurance, deductible, and
other cost-sharing feature amounts required to be paid by the
enrollee. An ambulance service provider is prohibited from billing
the enrollee for any additional amounts for the paid co vered
ambulance services in excess of what the health care insurer pays.
D. All copayments, coinsurance, deductible, and other cost -
sharing feature amounts provided by subsection A of this section
shall not exceed the in -network copayment, coinsurance, de ductible,
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and other cost-sharing features for the covered ambulance services
received by the enrollee.
E. In administering and paying claims, a health care insurer
shall comply with Section 1219 of Title 36 of the Oklahoma Statutes.
SECTION 4. This act shall become effective January 1, 2025. ”
Passed the Senate the 22nd day of April, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 2872 By: Wallace and Moore of the
House
and
Rosino of the Senate
An Act relating to ambulances; creating the Out-of-
Network Ambulance Provider Act ; defining terms;
setting minimum allowable rates; requiring certain
payment to be payments in full; restricting billing
to certain persons; setting certain limits on certain
payments; requiring certain payment s to certain
entities; requiring certain timelines for certain
payments; providing for certain processes for
specific purposes; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
SECTION 5. NEW LAW A ne w section of law to be codified
in the Oklahoma Statutes as Sectio n 6050.1 of Title 36, unless there
is created a duplication in numbering, reads as follows:
This act shall be kno wn and may be cited as the "Out-of-Network
Ambulance Provider Act".
SECTION 6. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 6050.2 of Title 36, unless there
is created a duplication in numbering, r eads as follows:
As used in the Out-of-Network Ambulance Provider Act:
1. "Ambulance service provider" means any ground ambulance
service provider as defined by this act as any ground vehicle which
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is or should be approved by th e Commissioner of Health, d esigned and
equipped to transport a patient or patients on-scene and en route
patient stabilization and care as required. Ground vehicles used as
ambulances shall meet such standards as may be required by the
Oklahoma State Board of Health for approval, a nd shall display
evidence of such approval at all times ;
2. "Covered services" means those ground ambulance services
which an enrollee is enti tled to receive under the terms of a health
care benefit plan;
3. "Enrollee" means a person who is entit led to receive covered
health care services under the terms of a health care benefit plan;
4. "Health care benefit plan" means a plan, policy, contract,
certificate, agreement, or other evidence of coverage for health
care services offered, issued, renewed, or extended in this state by
a health care insurer, or government-sponsored self-insured plans;
5. "Health care insurer" means an entity that is subject to
state insurance regulation and provides coverage for health benefits
in this state and includes the following:
a. an insurance company,
b. health maintenance organization,
c. hospital and medical service corporation,
d. risk-based provider organization, or
e. sponsor or self-funded plan;
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6. "Out-of-network" means a provider that does not contract
with the health care insurer of the enrollee receiving the covered
benefits; and
7. "Clean claim" means a claim that has no defect of
impropriety, including any lack of required substantiating
documentation or particular circumstances requiring special
treatment that prevents timely payment from being made o n the claim.
SECTION 7. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Section 6050.3 of Title 36, unless there
is created a duplication in numbering, reads as follows:
A. The minimum allowable reimbursemen t rate under any health
care benefit plan issued by a h ealth care insurer to an out-of-
network ambulance service provider for providing ground services
shall be at the rates set or approved , whether in contract or
ordinance, by a local governmen tal entity in the jurisdiction in
which the covered health care services originates.
B. In the absence of the rates as provided in subsection A of
this section, the rate shall be the lesser of:
1. Three hundred twenty-five percent (325%) of the current
published rate for ambulance services as established by the Centers
for Medicare and Medic aid Services under Title XVIII of the Social
Security Act for the same services provided in the same geographic
area; or
2. The ambulance service provi der's billed charges.
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C. Payment made in compliance with this section shall be
considered payment in f ull for the covered services provided, except
for any copayment, coinsurance, deductible , and other cost-sharing
feature amounts required to be paid by the enrollee. An ambulance
service provider is proh ibited from billing the enroll ee for any
additional amounts for the paid covered services in excess of what
the health care insurer pays.
D. All copayments, coinsurance, deductible , and other cost-
sharing feature amounts provided by subsection A of this section
shall not exceed the in-network copayment, coinsurance, deductible,
and other cost-sharing features for the covered health care services
received by the enrollee.
E. A health care insurer shall, within thirty (30) days after
of a clean claim for covered services, promptly remit payment for
ambulance services directly to the ambulance service provider and
shall not send payment to an enrollee.
F. If the claim is not a cl ean claim, the health care insurer
shall, within thirty (30) days after receipt of the claim, send a
written notice acknowledging the date of the receipt of the claim
and shall provide one of the following items:
1. That the insurer is decl ining to pay all or part of the
claim and the specific reason or reasons for the denial; or
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2. That additional information i s necessary to determine if all
or part of the claim is payable as well as the specific additional
information that is required.
SECTION 8. This act shall become effective November 1, 2024.
Passed the House of Representatives the 4th day of March, 2024.
Presiding Officer of th e House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate