On October 5, 2018, President Trump signed the FAA Reauthorization Act of 2018 (FAA Act), Pub. L. No. 115-254, 132 Stat. 3186 (2018). Section 418 of the FAA Act requires the Secretary of Transportation, in consultation with the Secretary of Health and Human Services, to establish an advisory committee to review 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.
AAPB Advisory Committee Docket
AAPB Advisory Committee Charter
The AAPB Advisory Committee's Charter, drafted in accordance with the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App. 2, sets forth policies for the operation of the advisory committee and is available online here and on the FACA Database.
On September 12, 2019, the Secretary announced the formation of the AAPB Advisory Committee and the appointment of 13 members to carry out the requirements of Section 418 of the FAA Act. The first meeting of the AAPB Advisory Committee is anticipated to be held in the near future and will be open to the public. The Department will issue a Federal Register notice announcing the date of the first meeting after coordinating with the AAPB Advisory Committee members. The names of the AAPB Advisory Committee's members can be found below and on the Press Release.
The Secretary selected committee members for their expertise as well as their willingness and ability to actively participate in meeting the AAPB Advisory Committee's objective. The committee members are:
- Dr. Michael Abernethy, Clinical Professor of Emergency Medicine, University of Wisconsin School of Medicine and Public Health, as representative of physicians.
- Katherine Berge, Government Relations Manager, American Heart Association, as representative of patient advocacy groups.
- Gregory Cote, Associate General Counsel, U.S. Department of Transportation, as DOT representative and Chair of the AAPB Advisory Committee.
- Jon Godfread, Insurance Commissioner, State of North Dakota, as representative of state insurance regulators.
- John Haben, Vice President for National Contracting, UnitedHealth Networks, as representative of health insurance providers.
- Patricia Kelmar, Director of Health Policy, National Consumers League, as representative of consumer advocacy groups.
- Thomas Judge, Executive Director, LifeFlight of Maine, as representative of air ambulance operators.
- Anne Lennan, President, Society of Professional Benefit Administrators, as representative of managers of employee benefit plans.
- Kyle Madigan, Director, Dartmouth Hitchcock Advanced Response Team, as representative of nurses.
- Asbel Montes, Vice President of Government Relations and Revenue Cycle, Acadian Ambulance, as representative of air ambulance operators.
- Christopher Myers, Executive Vice President of Reimbursement, Air Methods Corporation, as representative of air ambulance operators.
- Ray Pickup, President and CEO, WCF Mutual Insurance Company, as representative of the workers’ compensation insurance industry.
The AAPB Advisory Committee will also include Rogelyn McLean, Senior Policy Advisor, Center for Consumer Information and Insurance Oversight at the Centers for Medicare & Medicaid Services, as the member appointed by the Secretary of Health and Human Services.
AAPB Advisory Committee Reports to the Secretary of Transportation
Pursuant to Section 418 of the FAA Act, not later than 180 days after the date of the first meeting of the AAPB Advisory Committee, the AAPB Advisory Committee shall submit to the Secretary of Transportation, Secretary of Health and Human Services, and appropriate committees of Congress a report containing recommendations with respect to the 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.
Secretary of Transportation's Reports to Congress
Pursuant to Section 420 of the FAA Act, not later than 180 days after the submission of the report required under Section 418 of the FAA Act, the Secretary of Transportation shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on air ambulance oversight that includes: (1) a description of how the Secretary will conduct oversight of air ambulance providers, including the information sources the Secretary will use to conduct such oversight; and (2) a timeline for the issuance of any guidance concerning unfair and deceptive practices among air ambulance providers, including guidance for States and political subdivisions of States to refer such matters to the Secretary.