Sec. 418. ADVISORY COMMITTEE ON AIR AMBULANCE AND PATIENT BILLING
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## SEC. 418 ADVISORY COMMITTEE ON AIR AMBULANCE AND PATIENT BILLING **[**[49 U.S.C. 42301 note](/us/usc/t49/s42301)**]** ###
(a)In General Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Health and Human Services, shall establish an advisory committee for the purpose of reviewing options to improve the disclosure of charges and fees for air medical services, better inform consumers of insurance options for such services, and protect consumers from balance billing. ###
(b)Composition of the Advisory Committee The advisory committee shall be composed of the following members: ####
(1)The Secretary of Transportation, or the Secretary’s designee. ####
(2)The Secretary of Health and Human Services, or the Secretary’s designee. ####
(3)One representative, to be appointed by the Secretary of Transportation, of each of the following: #####
(A)Each relevant Federal agency, as determined by the Secretary of Transportation. #####
(B)State insurance regulators #####
(C)Health insurance providers. #####
(D)Patient advocacy groups. #####
(E)Consumer advocacy groups. #####
(F)Physician specializing in emergency, trauma, cardiac, or stroke. ####
(4)Three representatives, to be appointed by the Secretary of Transportation, to represent the various segments of the air ambulance industry. ####
(5)Additional three representatives not covered under paragraphs
(1)through (4), as determined necessary and appropriate by the Secretary. ###
(c)Consultation The advisory committee shall, as appropriate, consult with relevant experts and stakeholders not captured in
(b)while conducting its review. ###
(d)Recommendations The advisory committee shall make recommendations with respect to disclosure of charges and fees for air ambulance services and insurance coverage, consumer protection and enforcement authorities of both the Department of Transportation and State authorities, and the prevention of balance billing to consumers. The recommendations shall address, at a minimum— ####
(1)the costs, benefits, practicability, and impact on all stakeholders of clearly distinguishing between charges for air transportation services and charges for non-air transportation services in bills and invoices, including the costs, benefits, and practicability of— #####
(A)developing cost-allocation methodologies to separate charges for air transportation services from charges for non-air transportation services; and #####
(B)formats for bills and invoices that clearly distinguish between charges for air transportation services and charges for non-air transportation services; ####
(2)options, best practices, and identified standards to prevent instances of balance billing such as improving network and contract negotiation, dispute resolution between health insurance and air medical service providers, and explanation of insurance coverage and subscription programs to consumers; ####
(3)steps that can be taken by State legislatures, State insurance regulators, State attorneys general, and other State officials as appropriate, consistent with current legal authorities regarding consumer protection; ####
(4)recommendations made by the Comptroller General study, GAO-17-637, including what additional data from air ambulance providers and other sources should be collected by the Department of Transportation to improve its understanding of the air ambulance market and oversight of the air ambulance industry for the purposes of pursuing action related to unfair or deceptive practices or unfair methods of competition, which may include— #####
(A)cost data; #####
(B)standard charges and payments received per transport; #####
(C)whether the provider is part of a hospital-sponsored program, municipality-sponsored program, hospital-independent partnership (hybrid) program, or independent program; #####
(D)number of transports per base and helicopter; #####
(E)market shares of air ambulance providers inclusive of any parent or holding companies; #####
(F)any data indicating the extent of competition among air ambulance providers on the basis of price and service; #####
(G)prices assessed to consumers and insurers for air transportation and any non-transportation services provided by air ambulance providers; and #####
(H)financial performance of air ambulance providers; ####
(5)definitions of all applicable terms that are not defined in statute or regulations; and ####
(6)other matters as determined necessary or appropriate. ###
(e)Report Not later than 180 days after the date of the first meeting of the advisory committee, the advisory committee shall submit to the Secretary of Transportation, the Secretary of Health and Human Services, and the appropriate committees of Congress a report containing the recommendations made under subsection (d). ###
(f)Rulemaking Upon receipt of the report under subsection (e), the Secretary of Transportation shall consider the recommendations of the advisory committee and issue regulations or other guidance as deemed necessary— ####
(1)to require air ambulance providers to regularly report data to the Department of Transportation; ####
(2)to increase transparency related to Department of Transportation actions related to consumer complaints; and ####
(3)to provide other consumer protections for customers of air ambulance providers. ###
(g)Elimination of Advisory Council on Transportation Statistics The Advisory Council on Transportation Statistics shall terminate on the date of enactment of this Act.
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Sec. 418
ADVISORY COMMITTEE ON AIR AMBULANCE AND PATIENT BILLING
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