Florida Senate - 2015 SB 1280 By Senator Soto 14-01011-15 20151280__ 1 A bill to be entitled 2 An act relating to emergency air medical service; 3 creating s. 401.2515, F.S.; defining terms; imposing a 4 fee on certain motor vehicle moving violations and 5 local ordinances; requiring municipalities and 6 counties to transfer moneys collected to the Emergency 7 Medical Services Trust Fund; creating a separate 8 account within the trust fund; providing for the 9 administration and use of the funds; requiring the 10 Department of Health to seek to obtain federal 11 matching funds; amending s. 20.435, F.S.; conforming 12 provisions to changes made by the act; providing an 13 effective date. 14 15 WHEREAS, air ambulance services provide lifesaving 16 emergency transportation directly from automobile accident 17 scenes to trauma centers for the most critical patients, and 18 WHEREAS, in rural areas, air ambulance services are the 19 only means of transport to get patients to trauma centers in a 20 reasonable amount of time, and, in urban areas, air ambulance 21 services are able to avoid traffic congestion, and 22 WHEREAS, air ambulance service providers transport 23 emergency patients without knowing if the patient has any form 24 of medical insurance or an ability to pay for the service, and 25 WHEREAS, many patients transported by air ambulances do not 26 have insurance or the ability to pay for the service, but are 27 given the same high level of care as those with medical 28 insurance, and 29 WHEREAS, emergency air ambulance service providers provide 30 coverage to multiple counties within a 100-mile radius of their 31 bases, and often their transports originate in a county other 32 than where they are based, which makes local funding difficult, 33 and 34 WHEREAS, air ambulance service providers are reimbursed by 35 the state’s Medicaid program far below what it costs to cover 36 emergency air transportation and are not reimbursed if the 37 patient is indigent or not eligible for Medicaid, and 38 WHEREAS, unlike the hospitals to which air ambulance 39 service providers deliver patients, air ambulance service 40 providers are not eligible to apply for federal funding to cover 41 providing services to high numbers of Medicaid, uninsured, or 42 underinsured patients, and 43 WHEREAS, a portion of the penalty for certain traffic 44 violations is used to fund other programs and providers that 45 make health care and rehabilitation available to patients, and 46 WHEREAS, air ambulance services are the most critical means 47 of supporting patients who are injured as a result of major 48 traffic collisions, and 49 WHEREAS, an additional fee of $5 per moving traffic 50 violation will result in a very small percentage increase on 51 each traffic violation penalty and be used to support air 52 ambulance services, and 53 WHEREAS, air ambulance services play a key role in the 54 statewide emergency medical services system, including disaster 55 response and homeland security, and it is important for the 56 state to support these vital services, NOW, THEREFORE, 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1. Section 401.2515, Florida Statutes, is created 61 to read: 62 401.2515 Emergency air medical service.— 63 (1) DEFINITIONS.—As used in this section, the term: 64 (a) “Director” means the director of the Division of 65 Emergency Preparedness and Community Support. 66 (b) “Provider” means a provider of emergency medical air 67 transportation services. 68 (2) TRAFFIC VIOLATION FEE.— 69 (a) Except for red light violations, toll violations, and 70 parking offenses, a fee of $5 is imposed upon every motor 71 vehicle moving violation of chapter 316 or a local ordinance 72 adopted pursuant to the Florida Uniform Traffic Control Law. The 73 fee is in addition to any penalty assessed pursuant to chapter 74 316. 75 (b) Each municipality and county, within 30 days after the 76 last day of each calendar quarter of the year, shall transfer 77 moneys collected under this section to the Emergency Medical 78 Services Trust Fund established by s. 20.435. The department 79 shall keep the moneys collected in a separate account named the 80 Emergency Air Ambulance Service Account. 81 (3) ADMINISTRATION AND USE OF FUNDS.— 82 (a) The Emergency Air Ambulance Service account shall be 83 administered by the division. Moneys in the account shall be 84 made available, upon appropriation by the Legislature, to the 85 department to pay administrative costs and then to augment 86 emergency air ambulance service provider reimbursement payments 87 made through the Florida Medicaid program. 88 (b) Notwithstanding any other provision of law, the 89 department shall increase the Florida Medicaid reimbursement for 90 emergency air ambulance service providers if: 91 1. Moneys in the Emergency Air Ambulance Service account 92 cover the cost of increased payments; 93 2. Any reimbursement amount does not exceed the normal and 94 customary charges of the provider; and 95 3. The state does not incur any general revenue expense to 96 pay for the increase. 97 (4) METHODOLOGY.— 98 (a) The department, working with the Agency for Health Care 99 Administration, must seek to obtain federal matching funds to 100 augment Florida Medicaid reimbursement for emergency air 101 ambulance service providers. 102 (b) The director shall: 103 1. By July 1, 2016, meet with air ambulance service 104 providers to determine the most appropriate methodology to 105 distribute the funds for air ambulance services; 106 2. Implement in a timely manner the methodology determined 107 most appropriate, giving great weight to the needs of the air 108 ambulance service providers; 109 3. Submit any state plan amendment or waiver request that 110 may be necessary to implement this section; and 111 4. Seek federal approvals or waivers as may be necessary to 112 implement this section and to obtain federal financial 113 participation to the maximum extent possible for the payments 114 under this section. If federal approvals are not received, 115 moneys in the fund may be distributed pursuant to this section 116 until federal approvals are received. 117 Section 2. Paragraph (a) of subsection (13) of section 118 20.435, Florida Statutes, is amended to read: 119 20.435 Department of Health; trust funds.—The following 120 trust funds shall be administered by the Department of Health: 121 (13) Emergency Medical Services Trust Fund. 122 (a) Funds to be credited to and uses of the trust fund 123 shall be administered in accordance with ss. 318.14, 318.18, 124 318.21, 395.403,and395.4036, and 401.2515 and parts I and II 125 of chapter 401. 126 Section 3. This act shall take effect October 1, 2015.