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Referenced Laws
42 U.S.C. 1395m(l)
Public Law 116–260
Section 1
1. Short title This Act may be cited as the Protecting Air Ambulance Services for Americans Act of 2023.
Section 2
2. Improvements to Medicare payment system for air ambulance services Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is amended by adding at the end the following new paragraph: The Secretary may revise the fee schedule otherwise established under this subsection for air ambulance services based on data described in subparagraph (B) and data collected under subparagraph (C). For purposes of subparagraph (A), the data described in this subparagraph is data collected pursuant to the provisions of, and amendments made by, section 106 of division BB of the Consolidated Appropriations Act, 2021 (Public Law 116–260). The Secretary shall require, once every 3 years, providers of services and suppliers furnishing air ambulance services to submit to the Secretary— data relating to the fixed and operating costs per air ambulance base attributable to furnishing air ambulance services to individuals enrolled under this part and data relating to the utilization of such services by such individuals; data relating to the revenue obtained by such providers and suppliers under this part attributable to the furnishing of such services; and any other information determined appropriate by the Secretary. In the case that the Secretary elects to revise the fee schedule for air ambulance services under subparagraph (A), the Secretary shall consider stakeholder input in a process that is transparent and appropriately considers data described in subparagraph (B) and data collected under subparagraph (C). (18)Improvements to Medicare payment system for air ambulance services
(A)In generalThe Secretary may revise the fee schedule otherwise established under this subsection for air ambulance services based on data described in subparagraph (B) and data collected under subparagraph (C). (B)Data describedFor purposes of subparagraph (A), the data described in this subparagraph is data collected pursuant to the provisions of, and amendments made by, section 106 of division BB of the Consolidated Appropriations Act, 2021 (Public Law 116–260).
(C)Additional data collectionThe Secretary shall require, once every 3 years, providers of services and suppliers furnishing air ambulance services to submit to the Secretary— (i)data relating to the fixed and operating costs per air ambulance base attributable to furnishing air ambulance services to individuals enrolled under this part and data relating to the utilization of such services by such individuals;
(ii)data relating to the revenue obtained by such providers and suppliers under this part attributable to the furnishing of such services; and (iii)any other information determined appropriate by the Secretary.
(D)ConsultationIn the case that the Secretary elects to revise the fee schedule for air ambulance services under subparagraph (A), the Secretary shall consider stakeholder input in a process that is transparent and appropriately considers data described in subparagraph (B) and data collected under subparagraph (C)..
Section 3
3. GAO study on emergency air ambulance costs Not later than 1 year after the date on which data begins to be collected pursuant to the provisions of, and amendments made by, section 106 of division BB of the Consolidated Appropriations Act, 2021 (Public Law 116–260), the Comptroller General of the United States shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, a report detailing— the average annual operating costs per air ambulance base; the average cost per transport by air ambulance; the payor mix for air ambulance services; the adequacy of Medicare payments for such services; geographic variations in the cost of furnishing such services; and recommendations on improving the fee schedule under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) for air ambulance services.