Bill Text: TX HB1460 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to regulation of air ambulance subscription providers by the Department of State Health Services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-26 - Committee report sent to Calendars [HB1460 Detail]
Download: Texas-2021-HB1460-Comm_Sub.html
87R20131 SMT-F | |||
By: Oliverson | H.B. No. 1460 | ||
Substitute the following for H.B. No. 1460: | |||
By: Oliverson | C.S.H.B. No. 1460 |
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relating to regulation of air ambulance subscription providers by | ||
the Department of State Health Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 773, Health and Safety Code, is amended | ||
by adding Subchapter J to read as follows: | ||
SUBCHAPTER J. AIR AMBULANCE SUBSCRIPTIONS | ||
Sec. 773.281. DEFINITIONS. In this subchapter: | ||
(1) "Air ambulance" means a helicopter or fixed-wing | ||
aircraft that is an emergency medical services vehicle. | ||
(2) "Air ambulance subscription provider" means a | ||
person who, directly or indirectly, including through an affiliated | ||
entity or agreement with a third party, solicits membership | ||
subscriptions, accepts applications, or charges membership fees | ||
for a subscription program that: | ||
(A) indemnifies a person against the cost of | ||
emergency transportation in an air ambulance; and | ||
(B) is required to secure a surety bond under | ||
Section 773.011. | ||
Sec. 773.282. INTERNET WEBSITE. (a) An air ambulance | ||
subscription provider shall maintain an Internet website. | ||
(b) An air ambulance subscription provider shall include | ||
the Internet website address to the patient portal or patient | ||
advocacy section on each piece of communication provided or made | ||
available to a consumer, including an Internet website, brochure, | ||
letter, invoice, or billing statement. The provider shall make the | ||
following information accessible by one click from the website's | ||
home page: | ||
(1) frequently asked questions and answers; | ||
(2) contact information for the department's Emergency | ||
Medical Services Compliance Unit; | ||
(3) information on the procedure for filing a | ||
complaint with the department; | ||
(4) contact information for the United States | ||
Department of Transportation's Office of Aviation Consumer | ||
Protection; and | ||
(5) contact information for other health consumer | ||
informational resources as prescribed by department rule. | ||
Sec. 773.283. E-MAIL ADDRESS AND TELEPHONE HOTLINE. An air | ||
ambulance subscription provider shall provide an e-mail address and | ||
a dedicated telephone hotline number for consumers to submit | ||
questions, complaints, and concerns on the provider's Internet | ||
website and on each piece of communication provided or made | ||
available to a consumer, including a brochure, letter, invoice, or | ||
billing statement. | ||
Sec. 773.284. REQUIRED DISCLOSURE. An air ambulance | ||
subscription provider shall include the following statements in | ||
14-point or larger bold type on each marketing, advertisement, or | ||
contract document related to an air ambulance subscription: | ||
(1) "You are not required to purchase a membership to | ||
receive air medical services."; | ||
(2) "If you are covered by Medicaid, your air | ||
ambulance bills are covered at no cost to you."; | ||
(3) "If you are covered by Medicare, a Medicare | ||
Advantage plan, or a Medigap plan, you already have coverage for air | ||
ambulance services in an emergency. Required out-of-pocket costs | ||
vary by plan. To determine whether this subscription provides an | ||
additional benefit to you, you must first determine the | ||
out-of-pocket costs you would pay for an air ambulance under your | ||
Medicare plan. Call the customer service phone number for your | ||
Medicare, Medicare Advantage, or Medigap plan and ask about: | ||
(A) your coverage for air ambulance services; | ||
(B) the out-of-pocket costs you would pay; and | ||
(C) whether purchasing additional insurance | ||
coverage for air ambulance services is recommended."; and | ||
(4) "If you are covered by private health insurance, | ||
you should check with your health insurer to learn about your | ||
existing coverage for air ambulance services, the out-of-pocket | ||
costs you would pay for those services, and whether your insurer | ||
recommends other products to reduce your out-of-pocket costs. Call | ||
the customer service phone number for your health insurance plan | ||
and ask about: | ||
(A) your coverage for air ambulance services; | ||
(B) the out-of-pocket costs you would pay; and | ||
(C) whether purchasing additional insurance | ||
coverage for air ambulance services is recommended." | ||
SECTION 2. (a) The change in law made by this Act applies | ||
only to an air ambulance subscription contract that is delivered, | ||
issued for delivery, or renewed on or after September 1, 2022. A | ||
contract delivered, issued for delivery, or renewed before | ||
September 1, 2022, is governed by the law as it existed immediately | ||
before the effective date of this Act, and that law is continued in | ||
effect for that purpose. | ||
(b) An air ambulance subscription provider is not required | ||
to comply with Subchapter J, Chapter 773, Health and Safety Code, as | ||
added by this Act, before September 1, 2022. | ||
SECTION 3. This Act takes effect September 1, 2021. |