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