1 | 1 | | |
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2 | 2 | | HOUSE BILL 1061 |
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3 | 3 | | By Vital |
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4 | 4 | | |
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5 | 5 | | SENATE BILL 1376 |
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6 | 6 | | By Watson |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | SB1376 |
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10 | 10 | | 003020 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 56, |
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14 | 14 | | Chapter 7 and Title 68, Chapter 140, relative to no |
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15 | 15 | | surprise ambulance billing. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. Tennessee Code Annotated, Title 56, Chapter 7, Part 23, is amended by |
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19 | 19 | | adding the following new section: |
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20 | 20 | | (a) As used in this section: |
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21 | 21 | | (1) "Ambulance" means a privately or publicly owned land or air vehicle |
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22 | 22 | | that is especially designed, constructed, or modified and equipped and intended |
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23 | 23 | | to be used for and is maintained or operated for transportation upon the streets, |
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24 | 24 | | highways, or airways in this state for persons who are sick, injured, wounded, |
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25 | 25 | | otherwise incapacitated, helpless, or in need of medical care; |
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26 | 26 | | (2) "Ambulance service" means the principal use of a privately or publicly |
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27 | 27 | | owned ambulance for transportation of injured or infirm persons with an |
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28 | 28 | | emergency medical condition; |
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29 | 29 | | (3) "Balance billing" or "balance bill" means the practice of charging an |
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30 | 30 | | enrollee in a health benefit plan to recover from the enrollee the balance of an |
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31 | 31 | | ambulance service provider's fee for transportation received by the enrollee for |
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32 | 32 | | ambulance service that exceeds the reimbursable amount for such service under |
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33 | 33 | | the enrollee's health benefit plan; |
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34 | 34 | | (4) "Emergency medical condition" means a medical condition that |
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35 | 35 | | manifests itself by symptoms of sufficient severity, including severe pain, |
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36 | 36 | | regardless of the final diagnosis of the symptoms, that a prudent layperson, who |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | - 2 - 003020 |
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40 | 40 | | |
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41 | 41 | | possesses an average knowledge of health and medicine, could reasonably |
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42 | 42 | | expect the absence of immediate medical attention to potentially result in: |
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43 | 43 | | (A) Placing the person's health in serious jeopardy; |
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44 | 44 | | (B) Serious impairment to bodily functions; or |
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45 | 45 | | (C) Serious dysfunction of a bodily organ or part; |
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46 | 46 | | (5) "Health benefit plan" has the same meaning as defined in ยง 56-7- |
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47 | 47 | | 2355; and |
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48 | 48 | | (6) "Health insurer" means an entity offering a health benefit plan. |
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49 | 49 | | (b) For health benefit plans issued or renewed on or after July 1, 2025, an out- |
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50 | 50 | | of-network ambulance service provider shall not balance bill an enrollee in a health |
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51 | 51 | | benefit plan of a health insurer for ambulance services covered under the enrollee's |
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52 | 52 | | health benefit plan. |
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53 | 53 | | (c) An enrollee satisfies their obligation to pay for out-of-network ambulance |
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54 | 54 | | services if the enrollee pays the lesser of: |
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55 | 55 | | (1) The in-network cost-sharing amount specified in the enrollee's health |
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56 | 56 | | benefit plan for ambulance services; |
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57 | 57 | | (2) The ambulance service provider's billed charges; or |
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58 | 58 | | (3) Three hundred twenty-five percent (325%) of the current published |
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59 | 59 | | rate for ambulance services as established by the federal centers for medicare |
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60 | 60 | | and medicaid services for the same service provided in the same geographic |
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61 | 61 | | area. |
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62 | 62 | | (d) A health insurer must treat a cost sharing amount determined under |
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63 | 63 | | subsection (c) paid by the enrollee for out-of-network ambulance services in the same |
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64 | 64 | | manner as cost sharing for in-network ambulance services and must apply the cost- |
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65 | 65 | | sharing amount paid by the enrollee for such services toward the enrollee's deductible |
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66 | 66 | | |
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67 | 67 | | |
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68 | 68 | | - 3 - 003020 |
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69 | 69 | | |
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70 | 70 | | and maximum out-of-pocket payment obligation under the enrollee's health benefit plan, |
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71 | 71 | | as applicable. |
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72 | 72 | | (e) An ambulance service organization shall not request or require an enrollee to |
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73 | 73 | | sign or otherwise execute by oral, written, or electronic means, a document that would |
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74 | 74 | | attempt to void, waive, or alter a provision of this section. |
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75 | 75 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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