F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB

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1 A bill to be entitled An act relating to emergency medical air transportation services; creating s , F.S.; providing a short title; providing definitions; directing the Department of Health to establish a separate account within the Emergency Medical Services Trust Fund; requiring certain fees to be deposited in the account to be used for specified purposes; providing duties of the director of the Division of Emergency Preparedness and Community Support; providing conditions for increasing reimbursement for emergency medical air transportation services providers; amending ss and , F.S.; requiring an additional penalty to be imposed for certain moving violations; providing for distribution and use of the moneys received; providing an effective date. providers offer lifesaving transportation for the most critical patients from automobile accident scenes directly to trauma centers, and providers transport all emergency patients without knowing whether the patient has medical insurance or the ability to pay for the service, and Page 1 of 6

2 providers are not eligible to apply for additional federal funding for providing services to high numbers of Medicaid, uninsured, or underinsured patients pursuant to Florida's Medicaid program, and providers provide coverage to multiple counties within a 100- mile radius of their bases, and often their transports originate in a county other than where the provider is based, which makes it difficult for the provider to be locally funded except in the largest of counties, and WHEREAS, the Florida Medicaid program reimburses emergency medical air transportation services providers far below what it costs the providers to provide emergency air transportation and pays nothing if the patient is indigent and not eligible for Medicaid, and WHEREAS, fines and penalties for traffic violations discourage dangerous driving behavior and, for certain traffic violations, a portion of the penalty is used to fund programs that provide health care and rehabilitation to victims of dangerous drivers, and WHEREAS, an additional penalty for each moving traffic violation will provide support for emergency medical air transportation services, which are the most critical services for persons injured as a result of a traffic collision, and play Page 2 of 6

3 a key role in the statewide emergency medical services system, including disaster response and homeland security, and, therefore, it is important for the state to support these vital services, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: Section 1. Section , Florida Statutes, is created to read: Emergency medical air transportation services. (1) This section may be cited as the "Emergency Medical Air Transportation Act." (2) As used in this section, the term: (a) "Air mileage rate" means the per-mile reimbursement rate paid for services rendered by rotary-wing and fixed-wing providers. (b) "Director" means the director of the Division of Emergency Preparedness and Community Support. (c) "Fixed-wing" means a type of aircraft, commonly referred to as an airplane, that generates lift through the use of the forward motion of the aircraft and wings that do not revolve around a mast but are fixed in relation to the fuselage of the aircraft. (d) "Provider" means a provider of emergency medical air transportation services. (e) "Rotary-wing" means a type of aircraft, commonly Page 3 of 6

4 referred to as a helicopter, that generates lift through the use of wings, known as rotor blades, that revolve around a mast. (3) The department shall establish, as a part of the Emergency Medical Services Trust Fund, a separate account, in an amount determined by the Legislature, to be known as the "Emergency Medical Air Transportation Act Account." The Emergency Medical Air Transportation Act Account shall be used to augment reimbursement payments for emergency medical air transportation services made under the Florida Medicaid program. (4) In cooperation with the Agency for Health Care Administration, the department shall use the moneys in the Emergency Medical Air Transportation Act Account to generate federal matching funds to augment reimbursement payments made to emergency medical air transportation services providers by the Florida Medicaid program. The director shall: (a) By September 1, 2015, meet with emergency medical air transportation services providers to develop the most appropriate methodology for distribution of reimbursement payments. (b) Implement the methodology developed under paragraph (a) in a timely manner. (c) Seek amendments to the Medicaid state plan and waivers of federal laws, as necessary, to implement this section. Moneys in the account may be distributed pursuant to this section until federal approvals are received. (5)(a) Upon appropriation by the Legislature, the Page 4 of 6

5 department shall use moneys in the Emergency Medical Air Transportation Act Account and federal matching funds to increase the Florida Medicaid reimbursement for emergency medical air transportation services providers by not more than the customary fees charged by the providers. (b) Notwithstanding any other provision of law and pursuant to this section, the department shall increase the Florida Medicaid reimbursement for emergency medical air transportation services if both of the following conditions are met: 1. Moneys in the Emergency Medical Air Transportation Act Account are sufficient to cover the cost of increased reimbursement payments to providers of emergency medical air transportation services made pursuant to paragraph (a). 2. General revenue funds of the state may not be used to offset the cost of increased reimbursement payments to providers of emergency medical air transportation services. Section 2. Subsection (23) is added to section , Florida Statutes, to read: Amount of penalties. The penalties required for a noncriminal disposition pursuant to s or a criminal offense listed in s are as follows: (23) In addition to any other penalty, $5 for a moving violation under chapter 316, except for penalties imposed under subsections (7) and (15). Within 30 days after the last day of each calendar quarter, each municipality and county shall Page 5 of 6

6 transfer moneys collected under this subsection to the Emergency Medical Services Trust Fund within the Department of Health, established under s , for deposit into the Emergency Medical Air Transportation Act Account, established under s , to be used as provided in that section. Section 3. Subsection (22) is added to section , Florida Statutes, to read: Disposition of civil penalties by county courts. All civil penalties received by a county court pursuant to the provisions of this chapter shall be distributed and paid monthly as follows: (22) Notwithstanding subsections (1) and (2), the proceeds from the additional penalty imposed under s (23) shall be distributed as provided in that subsection. Section 4. This act shall take effect July 1, Page 6 of 6

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