Sec. 412. Advisory committee for transparency in air ambulance industry
552 words·~3 min read·
/bill/115/hr/4/eh/section-412A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish an advisory committee to make recommendations for a rulemaking— to require air ambulance operators to clearly disclose charges for air transportation services separately from charges for non-air transportation services within any invoice or bill; and to provide other consumer protections for customers of air ambulance operators. The advisory committee shall be composed of the following members:
The Secretary of Transportation. One representative, to be appointed by the Secretary, of each of the following: Each relevant Federal agency, as determined by the Secretary. State insurance regulators. Health insurance providers. Consumer groups. Three representatives, to be appointed by the Secretary, to represent the various segments of the air ambulance industry. The advisory committee shall make recommendations with respect to each of the following: Cost-allocation methodologies needed to ensure that charges for air transportation services are separated from charges for non-air transportation services.
Cost- or price-allocation methodologies to prevent commingling of charges for air transportation services and charges for non-air transportation services in bills and invoices. Formats for bills and invoices to ensure that customers and State insurance regulators can clearly distinguish between charges for air transportation services and charges for non-air transportation services. Data or industry references related to aircraft operating costs to be used in determining the proper allocation of charges for air transportation services and charges for non-air transportation services.
Guidance materials to instruct States, political subdivisions of States, and political authorities of 2 or more States on referring to the Secretary allegations of unfair or deceptive practices or unfair methods of competition by air ambulance operators. Protections for customers of air ambulance operators, after consideration of the circumstances in which the services of air ambulance operators are used. Protections of proprietary cost data from inappropriate public disclosure.
Such other matters as the Secretary determines necessary or appropriate. Not later than 180 days after the date of the first meeting of the advisory committee, the advisory committee shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report containing the recommendations made under subsection (c). Not later than 180 days after the date of receipt of the report under subsection (d), the Secretary shall consider the recommendations of the advisory committee and issue a final rule— to require air ambulance operators to clearly disclose charges for air transportation services separately from charges for non-air transportation services within any invoice or bill; and to provide other consumer protections for customers of air ambulance operators.
In this section, the following definitions apply: The term air ambulance operator means an air carrier operating pursuant to part 135 of title 14, Code of Federal Regulations, that provides medical, ambulance, or related services. The term non-air transportation services means those services provided by air ambulance operators but not other air carriers operating pursuant to part 135 of title 14, Code of Federal Regulations. The advisory committee shall terminate on the date of submission of the report under subsection (d).
The non-air transportation services of air ambulance operators and prices thereof are neither services nor prices of an air carrier for purposes of section 41713 of title 49, United States Code.