Title: Emergency Medical Air Transportation Services

Summary: Directs DOH to establish Emergency Medical Air Transportation Act Account within Emergency Medical Services Trust Fund & use moneys in such account for specified purposes; specifies duties of director of Division of Emergency Preparedness & Community Support; provides conditions for department to increase Florida Medicaid reimbursement payments to emergency medical air transportation services providers; requires additional penalty to be imposed for certain moving violations.

Full Text:
WHEREAS, emergency medical air transportation services providers offer lifesaving transportation for the most critically injured patients from motor vehicle crash scenes directly to trauma centers, and WHEREAS, emergency medical air transportation services providers transport all emergency patients without knowing WHEREAS, emergency medical air transportation services providers are not eligible to apply for additional federal funding for providing services to high numbers of Medicaid, uninsured, or underinsured patients pur suant to Florida's Medicaid program, and WHEREAS, emergency medical air transportation services providers cover multiple counties within a-mile radius of their bases, and often a provider's transport originates in a county other than the county in whi ch the provider is based, which makes it difficult for providers in small counties to be locally funded, and WHEREAS, the Florida Medicaid program reimburses emergency medical air transportation services providers at a rate far less than what it costs the providers to provide emergency air transportation, and the program does not reimburse the providers if the patient is indigent and ineligible for Medicaid, and WHEREAS, fines and penalties for traffic violations discourage dangerous driving behavior and, for certain traffic violations, a portion of the fines and penalties 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 WHEREAS, emergency medical air transportation services play 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 401.2515, Florida Statutes, is created to read: 401.2515 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) "Director" means th edirector of the Division of Emergency Preparedness and Community Support. (b) "Provider" means a provider of emergency medical air transportation services. (3) The department shall establish the Emergency Medical Air Transportation Act Account within the Emergency Medical Services Trust Fund in an amount determined by the Legislature to be used pursuant to this section. (4) In cooperation with the Agency for Health Care HB 2019 Administration, the department shall use the moneys in the Emergency Medical Air Transportation Act Account to generate federal matching funds to increase the reimbursement payments made to providers by the Florida Medicaid program. The director shall: (a) By September 1, 2019, meet with 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 of waiver requests are received. (5)(a) Upon appropriation by the Legislature, the department shall use moneys in the Emergency Medical Air Transportation Act Acco unt and federal matching funds generated pursuant to subsection (4) to increase the Florida Medicaid reimbursement paid to providers to not more than the customary fees charged by the providers for their services. (b) Notwithstanding any other provision of law and pursuant to this subsection, the department must increase the Florida Medicaid reimbursement payments pursuant to paragraph (a) if the following conditions are met: 1. Moneys in the Emergency Medical Air Transportation Act HB 2019 Account are sufficie nt to cover the cost of increased reimbursement payments. 2. General revenue funds are not used to offset the cost of increased reimbursement payments. Section 2. Subsection (23) is added to section 318.18, Florida Statutes, to read: 318.18 Amount of penalties.-The penalties required for a noncriminal disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17 are as follows: (23) In addition to any other penalty, $1 for a moving violation under chapter 316, except for penalties im posed under subsections (7) and (15). Within days after the last day of each calendar quarter, each municipality and county shall transfer moneys collected under this subsection to the Emergency Medical Services Trust Fund within the Department of Healt h, established under s. 20.435, for deposit into the Emergency Medical Air Transportation Act Account, established under s. 401.2515, to be used as provided in s. 401.2515. Section 3. Subsection (22) is added to section 318.21, Florida Statutes, to rea d: 318.21 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 pro ceeds HB 2019 from the additional penalty imposed under s. 318.18(23) shall be distributed as provided in that subsection. Section 4. This act shall take effect July 1, 2019.