87R20131 SMT-F
By: Oliverson H.B. No. 1460
Substitute the following for H.B. No. 1460:
By: Oliverson C.S.H.B. No. 1460
A BILL TO BE ENTITLED
AN ACT
relating to regulation of air ambulance subscription providers by
the Department of State Health Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 773, Health and Safety Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. AIR AMBULANCE SUBSCRIPTIONS
Sec. 773.281. DEFINITIONS. In this subchapter:
(1) "Air ambulance" means a helicopter or fixed-wing
aircraft that is an emergency medical services vehicle.
(2) "Air ambulance subscription provider" means a
person who, directly or indirectly, including through an affiliated
entity or agreement with a third party, solicits membership
subscriptions, accepts applications, or charges membership fees
for a subscription program that:
(A) indemnifies a person against the cost of
emergency transportation in an air ambulance; and
(B) is required to secure a surety bond under
Section 773.011.
Sec. 773.282. INTERNET WEBSITE. (a) An air ambulance
subscription provider shall maintain an Internet website.
(b) An air ambulance subscription provider shall include
the Internet website address to the patient portal or patient
advocacy section on each piece of communication provided or made
available to a consumer, including an Internet website, brochure,
letter, invoice, or billing statement. The provider shall make the
following information accessible by one click from the website's
home page:
(1) frequently asked questions and answers;
(2) contact information for the department's Emergency
Medical Services Compliance Unit;
(3) information on the procedure for filing a
complaint with the department;
(4) contact information for the United States
Department of Transportation's Office of Aviation Consumer
Protection; and
(5) contact information for other health consumer
informational resources as prescribed by department rule.
Sec. 773.283. E-MAIL ADDRESS AND TELEPHONE HOTLINE. An air
ambulance subscription provider shall provide an e-mail address and
a dedicated telephone hotline number for consumers to submit
questions, complaints, and concerns on the provider's Internet
website and on each piece of communication provided or made
available to a consumer, including a brochure, letter, invoice, or
billing statement.
Sec. 773.284. REQUIRED DISCLOSURE. An air ambulance
subscription provider shall include the following statements in
14-point or larger bold type on each marketing, advertisement, or
contract document related to an air ambulance subscription:
(1) "You are not required to purchase a membership to
receive air medical services.";
(2) "If you are covered by Medicaid, your air
ambulance bills are covered at no cost to you.";
(3) "If you are covered by Medicare, a Medicare
Advantage plan, or a Medigap plan, you already have coverage for air
ambulance services in an emergency. Required out-of-pocket costs
vary by plan. To determine whether this subscription provides an
additional benefit to you, you must first determine the
out-of-pocket costs you would pay for an air ambulance under your
Medicare plan. Call the customer service phone number for your
Medicare, Medicare Advantage, or Medigap plan and ask about:
(A) your coverage for air ambulance services;
(B) the out-of-pocket costs you would pay; and
(C) whether purchasing additional insurance
coverage for air ambulance services is recommended."; and
(4) "If you are covered by private health insurance,
you should check with your health insurer to learn about your
existing coverage for air ambulance services, the out-of-pocket
costs you would pay for those services, and whether your insurer
recommends other products to reduce your out-of-pocket costs. Call
the customer service phone number for your health insurance plan
and ask about:
(A) your coverage for air ambulance services;
(B) the out-of-pocket costs you would pay; and
(C) whether purchasing additional insurance
coverage for air ambulance services is recommended."
SECTION 2. (a) The change in law made by this Act applies
only to an air ambulance subscription contract that is delivered,
issued for delivery, or renewed on or after September 1, 2022. A
contract delivered, issued for delivery, or renewed before
September 1, 2022, is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
(b) An air ambulance subscription provider is not required
to comply with Subchapter J, Chapter 773, Health and Safety Code, as
added by this Act, before September 1, 2022.
SECTION 3. This Act takes effect September 1, 2021.