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The Supreme Court rejects the petition for review of air ambulance invoicing



On Monday, the Supreme Court of the United States rejected an airline's petition for review of a Texas decision stating that such companies can not charge insurers more than what is "fair and reasonable" for emergency air transportation in the state. In June 2020, the Texas Supreme Court held PHI Air Medical LLC v. Texas Mutual Insurance Co. that the Federal Airline Registration Act did not prevent the Texas Workers' Compensation Act fee schedule. In a 5-2 decision, the Texas courts upheld an administrative court ruling that compensation for air ambulances should be set at the state fee level of 125% of Medicare.

However, the decision deviates from decisions of the fourth. , 1

0 and 11 Circuit Courts which argued that similar state laws and fee schemes constituted an unlawful tax rate preceded by the Airline Deregulation Act.

In its November 2020 petition for certiorari, the PHI asked the U.S. Supreme Court to "definitively … clarify that the ADA excludes governmental efforts such as Texas" and argued that the "fair and reasonable" amount determined by the Texas Fee Schedule for air ambulance compensation is "way far below the market rates for services provided to patients covered by workers' compensation insurance."

In its reply, Texas Mutual Insurance Co. decides to charge for the transport of injured workers, regardless of whether the amount is reasonable and reasonable.

A study published in 2017 showed that airline companies doubled their transportation charges over a five-year period and charged a median fee of $ 30,000 for an ambulance transport by helicopter.

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