But what are air ambulance memberships and why did North Dakota try to ban them? And what should consumers do now?Įmergency medical air transport can be extremely expensive, with the average bill running from $12,000 to $25,000. U.S.This month, the 8th Circuit Court of Appeals struck down a 2017 North Dakota law that had banned “air ambulance memberships,” bringing an end to a years-long fight between air ambulance companies and the state. Schultz and Sean Michael Whelan of the Office of the Attorney General and Mary M. The defendants are represented by Katherine A. Goodwin of Frost Brown Todd and Joshua L. It is also seeking for the court to permanently enjoin the defendants from enforcing the various codes.Īir Evac is represented by Carte P. Code because they establish and limit the price or rate of Air Evac’s services. Code because the establish and limit the pirce or rate of Air Evac’s services and to issue a judgment declaring that the ADA preempts W.Va. Constitution because it impairs Air Evac’s rights under preexisting subscription agreements with individuals covered by PEIA insurance to issue a judgment declaring that the ADA preempts W.Va. Code’s regulation of subscription agreements violates the Contract Clause of the U.S. Code’s regulation of subscription agreements because it establishes and limits the price or rate of Air Evac’s services to issue a judgment declaring that W.Va. Code’s reimbursement cap because it establishes and limits price or rate of Air Evac’s services to issue a judgment declaring that the ADA prevents W.Va. The amount Air Evac is reimbursed for its services depends largely on the patient’s insurance coverage and, such instances of underpayment strain Air Evac’s ability to provide care and transportation, as well as its ability to maintain and operate its fleet of air ambulances, according to the suit.Īir Evac is seeking the court to issue a judgment declaring that the ADA preempts W.Va. When Air Evac enters the PEIA or workers’ compensation system, it necessarily retains its Airline Deregulation Act protections and the state is not free to leave the ADA behind, according to the suit. Air Evac has never agreed to accept as payment only those amounts set by the PEIA scheme and the West Virginia Workers’ Compensation scheme. It claimed it quickly transports patients-regardless of their ability to pay-that are facing serious or life-threatening emergencies, while providing medical care during the flight.Īir Evac claims if a patient happens to have PEIA insurance or is covered under workers’ compensation, that state pulls Air Evac into a scheme and sets reimbursement rates. District Court for the Southern District of West Virginia.Īir Evac EMS provides air ambulance services across the country and operates from four air bases in West Virginia. Riley, in his capacity as West Virginia Insurance Commissioner in the U.S. Harris, William Ihlenfeld, Brian Donat, William Milam and Michael Smith, in their capacities as members of PEIA’s Finance Board and Michael D. The lawsuit was filed last year against Ted Cheatham, in his capacity as director of Public Employees Insurance Agency Mary Jane Pickens, Joshua Sword, James W. He also denied the defendants’ motion for summary judgment and granted the defendants’ motion to replace an exhibit. He dismissed one count, which is pled in the alternative. Johnston denied the motion on one county regarding a contracts clause. Johnston granted Air Evac’s motion for summary judgment on four counts and with respect to ADA preemption, according to the Oct. alleging reimbursement problems with an insurance company. CHARLESTON – A federal judge denied in part and granted in part a motion for summary judgment in a lawsuit filed by Air Evac EMS Inc.
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