II 

115TH CONGRESS 

2D SESSION S. 2812 

To improve consumer protections for customers of air ambulance operators, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2018 

Mrs. MCCASKILL introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To improve consumer protections for customers of air 

ambulance operators, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Air Ambulance Con5 sumer Protection Act’’. 

6 SEC. 2. ADVISORY COMMITTEE FOR TRANSPARENCY IN AIR 

7 AMBULANCE INDUSTRY. 

8 (a) IN GENERAL.—Not later than 90 days after the 

9 date of enactment of this Act, the Secretary of TransporVerDate Sep 11 2014 23:41 May 16, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2812.IS S2812

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1 tation shall establish an advisory committee to make rec2 ommendations for a rulemaking— 

3 (1) to require air ambulance operators to clear4 ly disclose charges for air transportation services 

5 separately from charges for non-air transportation 

6 services within any invoice or bill; and 

7 (2) to provide other consumer protections for 

8 customers of air ambulance operators. 

9 (b) COMPOSITION OF THE ADVISORY COMMITTEE.— 

10 The advisory committee shall be composed of the following 

11 members: 

12 (1) The Secretary of Transportation. 

13 (2) One representative, to be appointed by the 

14 Secretary, of each of the following: 

15 (A) Each relevant Federal agency, as de16 termined by the Secretary. 

17 (B) State insurance regulators. 

18 (C) Health insurance providers. 

19 (D) Consumer groups. 

20 (3) Three representatives, to be appointed by 

21 the Secretary, to represent the various segments of 

22 the air ambulance industry. 

23 (c) RECOMMENDATIONS.—The advisory committee 

24 shall make recommendations with respect to each of the 

25 following: 


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1 (1) Cost-allocation methodologies needed to en2 sure that charges for air transportation services are 

3 separated from charges for non-air transportation 

4 services. 

5 (2) Cost- or price-allocation methodologies to 

6 prevent commingling of charges for air transpor7 tation services and charges for non-air transpor8 tation services in bills and invoices. 

9 (3) Formats for bills and invoices to ensure 

10 that customers and State insurance regulators can 

11 clearly distinguish between charges for air transpor12 tation services and charges for non-air transpor13 tation services. 

14 (4) Data or industry references related to air15 craft operating costs to be used in determining the 

16 proper allocation of charges for air transportation 

17 services and charges for non-air transportation serv18 ices. 

19 (5) Guidance materials to instruct States, polit20 ical subdivisions of States, and political authorities 

21 of 2 or more States on referring to the Secretary al22 legations of unfair or deceptive practices or unfair 

23 methods of competition by air ambulance operators. 

24 (6) Protections for customers of air ambulance 

25 operators, after consideration of the circumstances 


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1 in which the services of air ambulance operators are 

2 used. 

3 (7) Protections of proprietary cost data from 

4 inappropriate public disclosure. 

5 (8) Such other matters as the Secretary deter6 mines necessary or appropriate. 

7 (d) REPORT.—Not later than 180 days after the date 

8 of the first meeting of the advisory committee, the advi9 sory committee shall submit to the Secretary, the Com10 mittee on Transportation and Infrastructure of the House 

11 of Representatives, and the Committee on Commerce, 

12 Science, and Transportation of the Senate a report con13 taining the recommendations made under subsection (c). 

14 (e) RULEMAKING.—Not later than 180 days after the 

15 date of receipt of the report under subsection (d), the Sec16 retary shall consider the recommendations of the advisory 

17 committee and issue a final rule— 

18 (1) to require air ambulance operators to clear19 ly disclose charges for air transportation services 

20 separately from charges for non-air transportation 

21 services within any invoice or bill; and 

22 (2) to provide other consumer protections for 

23 customers of air ambulance operators. 

24 (f) DEFINITIONS.—In this section, the following defi25 nitions apply: 


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1 (1) AIR AMBULANCE OPERATOR.—The term 

2 ‘‘air ambulance operator’’ means an air carrier oper3 ating pursuant to part 135 of title 14, Code of Fed4 eral Regulations, that provides medical, ambulance, 

5 or related services. 

6 (2) NON-AIR TRANSPORTATION SERVICES.—The 

7 term ‘‘non-air transportation services’’ means those 

8 services provided by air ambulance operators but not 

9 other air carriers operating pursuant to part 135 of 

10 title 14, Code of Federal Regulations. 

11 (g) TERMINATION.—The advisory committee shall 

12 terminate on the date of submission of the report under 

13 subsection (d). 

14 (h) NATURE OF AIR AMBULANCE SERVICES.—The 

15 non-air transportation services of air ambulance operators 

16 and prices thereof are neither services nor prices of an 

17 air carrier for purposes of section 41713 of title 49, 

18 United States Code. 

19 SEC. 3. AIR AMBULANCE COMPLAINTS. 

20 (a) CONSUMER COMPLAINTS.—Section 42302 of title 

21 49, United States Code, is amended— 

22 (1) in subsection (a) by inserting ‘‘(including 

23 transportation by air ambulance)’’ after ‘‘air trans24 portation’’; 

25 (2) in subsection (b)— 


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1 (A) in the matter preceding paragraph 

2 (1)— 

3 (i) by inserting ‘‘, and an air ambu4 lance operator,’’ after ‘‘passenger seats’’; 

5 and 

6 (ii) by inserting ‘‘or operator’’ after 

7 ‘‘Internet Web site of the carrier’’; and 

8 (B) in paragraph (2) by inserting ‘‘or op9 erator’’ after ‘‘mailing address of the air car10 rier’’; and 

11 (3) by striking subsection (c) and inserting the 

12 following: 

13 ‘‘(c) NOTICE TO PASSENGERS ON BOARDING OR

14 BILLING DOCUMENTATION.— 

15 ‘‘(1) AIR CARRIERS AND FOREIGN AIR CAR16 RIERS.—An air carrier or foreign air carrier pro17 viding scheduled air transportation using any air18 craft that as originally designed has a passenger ca19 pacity of 30 or more passenger seats shall include 

20 the hotline telephone number established under sub21 section (a) on— 

22 ‘‘(A) prominently displayed signs of the 

23 carrier at the airport ticket counters in the 

24 United States where the air carrier operates; 

25 and 


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1 ‘‘(B) any electronic confirmation of the 

2 purchase of a passenger ticket for air transpor3 tation issued by the air carrier. 

4 ‘‘(2) AIR AMBULANCE OPERATORS.—An air am5 bulance operator shall include the hotline telephone 

6 number established under subsection (a) on any in7 voice, bill, or other communication provided to a 

8 passenger or customer of the operator.’’. 

9 (b) UNFAIR AND DECEPTIVE PRACTICES AND UN10 FAIR METHODS OF COMPETITION.—Section 41712(a) of 

11 title 49, United States Code, is amended— 

12 (1) by inserting ‘‘air ambulance customer,’’ 

13 after ‘‘foreign air carrier,’’ the first place it appears; 

14 and 

15 (2) by adding at the end the following: ‘‘In this 

16 subsection, the term ‘air carrier’ includes an air am17 bulance operator and the term ‘air transportation’ 

18 includes any transportation provided by an air am19 bulance.’’. 

Æ 


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