Florida Senate - 2020 SB 320
By Senator Stewart
13-00433-20 2020320__
1 A bill to be entitled
2 An act relating to emergency medical air
3 transportation services; creating s. 401.2515, F.S.;
4 providing a short title; defining terms; directing the
5 Department of Health to establish the Emergency
6 Medical Air Transportation Act Account within the
7 Emergency Medical Services Trust Fund; requiring the
8 department to use the moneys in such account for
9 specified purposes; specifying duties of the director
10 of the Division of Emergency Preparedness and
11 Community Support; providing conditions for the
12 department to increase Florida Medicaid reimbursement
13 payments to emergency medical air transportation
14 services providers; amending ss. 318.18 and 318.21,
15 F.S.; requiring an additional penalty to be imposed
16 for certain moving violations; providing for
17 distribution and use of the moneys received; providing
18 an effective date.
19
20 WHEREAS, emergency medical air transportation services
21 providers offer lifesaving transportation for the most
22 critically injured patients from motor vehicle crash scenes
23 directly to trauma centers, and
24 WHEREAS, emergency medical air transportation services
25 providers transport all emergency patients without knowing
26 whether a patient has medical insurance or the ability to pay
27 for the service, and
28 WHEREAS, emergency medical air transportation services
29 providers are not eligible to apply for additional federal
30 funding for providing services to high numbers of Medicaid,
31 uninsured, or underinsured patients pursuant to Florida’s
32 Medicaid program, and
33 WHEREAS, emergency medical air transportation services
34 providers cover multiple counties within a 100-mile radius of
35 their bases, and often a provider’s transport originates in a
36 county other than the county in which the provider is based,
37 which makes it difficult for providers in small counties to be
38 locally funded, and
39 WHEREAS, the Florida Medicaid program reimburses emergency
40 medical air transportation services providers at a rate far less
41 than what it costs the providers to provide emergency air
42 transportation, and the program does not reimburse the providers
43 if the patient is indigent and ineligible for Medicaid, and
44 WHEREAS, fines and penalties for traffic violations
45 discourage dangerous driving behavior and, for certain traffic
46 violations, a portion of the fines and penalties is used to fund
47 programs that provide health care and rehabilitation to victims
48 of dangerous drivers, and
49 WHEREAS, an additional penalty for each moving traffic
50 violation will provide support for emergency medical air
51 transportation services, which are the most critical services
52 for persons injured as a result of a motor vehicle crash, and
53 WHEREAS, emergency medical air transportation services play
54 a key role in the statewide emergency medical services system,
55 including disaster response and homeland security, and,
56 therefore, it is important for the state to support these vital
57 services, NOW, THEREFORE,
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Section 401.2515, Florida Statutes, is created
62 to read:
63 401.2515 Emergency medical air transportation services.—
64 (1) This section may be cited as the “Emergency Medical Air
65 Transportation Act.”
66 (2) As used in this section, the term:
67 (a) “Director” means the director of the Division of
68 Emergency Preparedness and Community Support.
69 (b) “Provider” means a provider of emergency medical air
70 transportation services.
71 (3) The department shall establish the Emergency Medical
72 Air Transportation Act Account within the Emergency Medical
73 Services Trust Fund in an amount determined by the Legislature
74 to be used pursuant to this section.
75 (4) In cooperation with the Agency for Health Care
76 Administration, the department shall use the moneys in the
77 Emergency Medical Air Transportation Act Account to generate
78 federal matching funds to increase the reimbursement payments
79 made to providers by the Florida Medicaid program. The director
80 shall:
81 (a) By September 1, 2020, meet with providers to develop
82 the most appropriate methodology for distribution of
83 reimbursement payments.
84 (b) Implement the methodology developed under paragraph (a)
85 in a timely manner.
86 (c) Seek amendments to the Medicaid state plan and waivers
87 of federal laws, as necessary, to implement this section. Moneys
88 in the account may be distributed pursuant to this section until
89 federal approvals of waiver requests are received.
90 (5)(a) Upon appropriation by the Legislature, the
91 department shall use moneys in the Emergency Medical Air
92 Transportation Act Account and federal matching funds generated
93 pursuant to subsection (4) to increase the Florida Medicaid
94 reimbursement paid to providers to not more than the customary
95 fees charged by the providers for their services.
96 (b) Notwithstanding any other provision of law and pursuant
97 to this subsection, the department must increase the Florida
98 Medicaid reimbursement payments pursuant to paragraph (a) if the
99 following conditions are met:
100 1. Moneys in the Emergency Medical Air Transportation Act
101 Account are sufficient to cover the cost of increased
102 reimbursement payments.
103 2. General revenue funds are not used to offset the cost of
104 increased reimbursement payments.
105 Section 2. Subsection (23) is added to section 318.18,
106 Florida Statutes, to read:
107 318.18 Amount of penalties.—The penalties required for a
108 noncriminal disposition pursuant to s. 318.14 or a criminal
109 offense listed in s. 318.17 are as follows:
110 (23) In addition to any other penalty, $1 for a moving
111 violation under chapter 316, except for penalties imposed under
112 subsections (7) and (15). Within 30 days after the last day of
113 each calendar quarter, each municipality and county shall
114 transfer moneys collected under this subsection to the Emergency
115 Medical Services Trust Fund within the Department of Health,
116 established under s. 20.435, for deposit into the Emergency
117 Medical Air Transportation Act Account, established under s.
118 401.2515, to be used as provided in s. 401.2515.
119 Section 3. Subsection (22) is added to section 318.21,
120 Florida Statutes, to read:
121 318.21 Disposition of civil penalties by county courts.—All
122 civil penalties received by a county court pursuant to the
123 provisions of this chapter shall be distributed and paid monthly
124 as follows:
125 (22) Notwithstanding subsections (1) and (2), the proceeds
126 from the additional penalty imposed under s. 318.18(23) shall be
127 distributed as provided in that subsection.
128 Section 4. This act shall take effect July 1, 2020.