2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-209 - Part 209 Emergency Medical Services (333.20901...333.20979) › Section 333.20932a - Transportation of Nonemergency Patient by Aircraft Transport Operation; Duties; Notice; Violation; Payment in Full; Definitions.

333.20932a Transportation of nonemergency patient by aircraft transport operation; duties; notice; violation; payment in full; definitions.
Sec. 20932a.
(1) Before transporting a nonemergency patient in an aircraft transport vehicle, an aircraft transport operation shall do all of the following:
(a) Provide the nonemergency patient, or that patient's representative, all of the following information:
(i) Whether the aircraft transport operation is a participating provider with the nonemergency patient's health benefit plan.
(ii) A good-faith estimate of the cost for transporting the nonemergency patient.
(iii) That the nonemergency patient has a right to be transported by a method other than an aircraft transport vehicle.
(b) Complete the notice described in subsection (2) and, after completing the notice, obtain on the notice the signature of the nonemergency patient, or that patient's representative, acknowledging that the nonemergency patient, or that patient's representative, has received, has read, and understands the notice. An aircraft transport operation shall retain a copy of the notice required under this subdivision for not less than 7 years.
(2) The notice required under subsection (1)(b) must be in not less than 12-point type and in substantially the following form:
"I have been provided the following good-faith estimate of the cost of transportation by the aircraft transport vehicle that will be provided to me by _______________ (insert name of aircraft transport operation): _________ (insert good-faith cost estimate).
I have been notified by _______________ (insert name of aircraft transport operation) that the aircraft transport vehicle transporting me _____ (is or is not) a participating provider with my health benefit plan.
I was informed by _______________ (insert name of aircraft transport operation) that I have the right to request transportation from an aircraft transport operation that is a participating provider with my health benefit plan.
I am aware that if my health benefit plan provides coverage for transportation by an aircraft transport vehicle or coverage for transportation provided by _______________ (insert name of aircraft transport operation), I may be subject to a deductible, a copayment, or coinsurance. If the aircraft transport operation is not a participating provider with my health benefit plan, I have been informed that I may be responsible for the costs of being transported by the aircraft transport operation that are not covered by my health benefit plan.
I have been informed that I have the right to be transported by a method other than an aircraft transport vehicle.
_________________________________________________
________
(Patient's or patient representative's signature)
(Date)
__________________________________________________________
(Type or print patient's or patient representative's name)".
(3) Upon the request of a nonemergency patient's health benefit plan or third party administrator, an aircraft transport operation shall provide a copy of the notice required under subsection (1)(b) to the person designated in the nonemergency patient's health benefit plan or to the third party administrator.
(4) If the aircraft transport operation fails to provide a nonemergency patient with the notice required under subsection (1)(b), the aircraft transport operation shall accept the amount covered by the nonemergency patient's health benefit plan for transporting the nonemergency patient as payment in full, other than coinsurance, copayments, or deductibles.
(5) If a patient is an emergency patient, the aircraft transport operation shall accept the amount covered by the emergency patient's health benefit plan for transporting the emergency patient as payment in full, other than coinsurance, copayments, or deductibles. However, if an aircraft transport operation is not a participating provider with the emergency patient's health benefit plan, the aircraft transport operation shall accept as payment in full the greater of the following:
(a) The average amount negotiated by the emergency patient's health benefit plan with participating providers for transporting the patient excluding any in-network coinsurance, copayments, or deductibles.
(b) One hundred fifty percent of the amount that would be covered by Medicare for the emergency service, excluding any in-network coinsurance, copayments, or deductibles.
(6) As used in this section and section 20932b:
(a) "Health benefit plan" means that term as defined in section 21501.
(b) "Participating provider" means that term as defined in section 21501.
(c) "Patient's representative" means that term as defined in section 21501.
(d) "Third party administrator" means that term as defined in section 2 of the third party administrator act, 1984 PA 218, MCL 550.902.
History:
Add. 2018, Act 385, Eff. Mar. 19, 2019
Compiler's Notes:
For transfer of powers and duties of department of licensing and regulatory affairs relative to registration, licensing, or regulation of professional occupations arising from part 209 of the public health code, including board, commission, council, or similar entity providing regulation of health professionals under part 209 of article 17 of the public health code to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368