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What States Can Do to Address Out-of-Network Air Ambulance Bills
Erin C Fuse Brown1, Alex McDonald1, Ngan T Nguyen1
1Erin C. Fuse Brown, J.D., M.P.H., is an Associate Professor of Law and the Director of the Center for Law, Health & Society at Georgia State University College of Law. Ngan T. Nguyen, M.P.H., J.D., is a 2020 graduate, and Alex McDonald is a 2021 J.D. candidate at Georgia State University College of Law.
Out-of-network air ambulance bills cause financial devastation. While a federal solution is needed, states are exploring regulatory approaches to protect citizens from surprise medical billing.
Area of Science:
- Health Policy
- Medical Economics
- Consumer Protection Law
Background:
- Out-of-network air ambulance billing represents a significant source of surprise medical bills.
- These unexpected costs are financially devastating for patients.
- Existing legal frameworks, particularly the Airline Deregulation Act, complicate state-level regulation.
Purpose of the Study:
- To examine the challenges posed by out-of-network air ambulance billing.
- To analyze the impact of the Airline Deregulation Act on state regulatory efforts.
- To explore potential state-level solutions for air ambulance billing abuses in the absence of federal action.
Main Methods:
- Legal analysis of court interpretations of the Airline Deregulation Act.
- Review of state legislative and regulatory approaches to surprise medical billing.
- Examination of case law concerning preemption and air ambulance services.
Main Results:
- Courts have broadly preempted state regulations on air ambulance billing under the Airline Deregulation Act.
- Federal legislative action is considered necessary for a comprehensive solution.
- States are experimenting with innovative regulatory strategies to mitigate billing abuses.
Conclusions:
- The Airline Deregulation Act poses a substantial barrier to state regulation of air ambulance billing.
- Federal intervention is crucial to address the issue of surprise medical bills from air ambulances.
- State-level innovations may offer partial protections while awaiting federal solutions.
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