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On Saturday, April 17, 2021, Chris Myers, Air Methods Executive Vice President of Customer Experience, Reimbursement, and Strategic Initiatives, testified before the NCOIL Health Insurance & Long Term Care Issues Committee regarding the NCOIL Model Act regarding Air Ambulance Protections Draft. The following is the complete text of his testimony with presented materials. The hearing can be viewed here on the Committee web page.
Chair Hunter, Vice Chair Ferguson, and Members of the Committee, my name is Chris Myers. I am the Executive Vice President of Reimbursement for Air Methods and I am glad to be back with you today. Thank you for the opportunity to appear before you to continue our discussion on this important topic. Since we last met, there has been a key development that directly affect this Model Act, and how consumers interact with membership products: The No Surprises Act was voted into law and will become effective on January 1, 2022. This law significantly changes the landscape of the U.S. healthcare system and dramatically decreases the financial risk for patients, as it prohibits the practice of balance billing.
To be clear at the outset, I am not here today to argue for the prohibition of memberships but, instead, for the appropriate regulation of them so that consumers are not deceived by what they are purchasing. Air Methods continues to believe that the best way to solve for the patient financial burden is to go in-network with payers. We have led the industry in doing just that and have in network agreements with almost every major payer in every state and continue to work hard to get the big three payers – Aetna, United, and Cigna – into network as well.
The implications of the No Surprises Act make this Model Act even more important because:
Memberships are indemnity products.
If memberships are simply a prepaid service then they should be just that, and the economics should support it. However, after January 1, 2021 the only possible prepayment is for the copayment and deductible. It is important to remember that based on the timing of service or when the claim is filed that there may be no copay or deductible. Additionally, when the provider seeks reimbursement for these services from a third party, then they become a medigap product.
One final point to make is that there are much better ways to reduce the financial burden that a patient may face. At Air Methods our average out of pocket expense for all patients is less than $165. And in the case where an individual cannot afford to pay that amount we use specific financial information from the patient to qualify them for an appropriate discount.
We continue to support this proposed Model Act, and the amendment before you, as a way to give States a tool to help consumers, and to ensure that the coverage they are buying is not duplicative or deceptive. The proposed NCOIL Model Act takes a targeted, non-prohibitive approach to appropriately regulate the business of insurance, and to protect consumers from predatory marketing and sales tactics.
What is NCOIL?NCOIL is the National Council of Insurance Legislators. From the NCOIL website:NCOIL is a legislative organization comprised principally of legislators serving on state insurance and financial institutions committees around the nation. NCOIL writes Model Laws in insurance, works to both preserve the state jurisdiction over insurance as established by the McCarran-Ferguson Act seventy-four years ago and to serve as an educational forum for public policy makers and interested parties.NCOIL works to:• Educate state legislators on current and perennial insurance issues• Help state legislators from different states interface effectively with each other• Improve the quality of insurance regulation• Assert the prerogative of legislators in making state policy when it comes to insurance• Speak out on Congressional initiatives that attempt to encroach upon state primacy in overseeing insuranceNCOIL is an adamant, vocal opponent of any Congressional initiative that would deprive consumers of key state protections, preempt state laws that respond to unique insurance markets, threaten critical state premium tax revenue, and, in many cases, lead to cherry picking and fraud.
Materials used during Myers’ presentation:PowerPoint PresentationAMCN Brochure with Terms & Conditions
Air Methods thanks West Virginia Governor Jim Justice for protecting the citizens of his state from misleading air medical membership practices by signing House Bill 2776; the Air Ambulance Patient Protection Act.
We applaud the consumer protections this law will provide in West Virginia and commend Delegate Steve Westfall for his leadership in drafting and passing this consumer-focused legislation. Air Methods also thanks HealthNet Aeromedical Services and its President and CEO, Clinton Burley. Without their leadership and support these important consumer protections would never have become law.
This legislation protects West Virginia consumers who have purchased air ambulance membership products and have previously been without recourse to file consumer complaints or seek assistance from the state. This is a responsible decision because these memberships function as supplemental health insurance, over which the State of West Virginia has previously established consumer oversight authority.
In most states, air ambulance memberships are not regulated. This new law is a step in the right direction for protecting citizens from confusing, and sometimes misleading business practices. When a patient has a membership with the air ambulance company that transported them, they must still go through an insurance claims process. What’s more confusing, Medicaid and Medicare Part B beneficiaries have never needed memberships because they are fully covered for air medical services.
But this hasn’t stopped some air medical companies from targeting these populations with marketing campaigns designed not to protect patients, but to make money off their fear. And these companies are more than happy to accept the membership fees, regardless of whether the person is already covered by their insurance.
At Air Methods, we believe memberships are the wrong direction for the industry and the people we care for. We strongly encourage every state to take up similar legislation to safeguard consumers and establish practices that set the air medical industry along the same path as the rest of health care.
What the Legislation Does:
“The purpose of this bill is to create the Air Ambulance Patient Protection Act and to provide for certain consumer protections for patients of air ambulance services.This legislation declares that any entity, whether directly or indirectly, who solicits air ambulance membership subscriptions, accepts membership applications, or charges membership fees, is an insurer and shall be licensed and regulated by the Offices of the Insurance Commissioner.”
On Tuesday, March 23, 2021, Ruthie Barko, Air Methods Director of Government Affairs, testified before the Tennessee Senate Commerce and Labor Committee in support of SB 1038, which seeks to provide consumers protection in regards to air medical memberships. The following is the complete text of her testimony, which can also be viewed on the Committee webpage – testimony begins at 23:00 minute mark.
Thank you Mr. Chairman, my name is Ruthie Barko, I’m the Director of Government Affairs for Air Methods. We have partnered with Vanderbilt LifeFlight for over 30 years. We support SB 1038 because we think going in-network and providing Patient Advocacy is better for patients than selling membership products.Memberships confuse consumers and sell a false narrative that the membership provides access to air medical services, or even worse, that it is the only way to keep access to these services in their rural communities. Membership marketing and sales tactics have skewed consumers’ understanding of these high-acuity services and the coverage that the products provide.For instance, members think their $85 fee pays for the cost of their transport, but it actually doesn’t – the membership provider bills the patient’s health insurer. Data also shows that less than 1% of members will need an air medical transport – making these products insurance and not a simple prepayment for a service, because the consumer cannot reasonably expect they will use the service, nor do they have any choice in the matter.Additionally, 75% of air ambulance patients are covered by Medicare, Medicaid, or are uninsured, so they don’t need an air ambulance membership:
Yet, the largest population who buys memberships seems to be Medicare beneficiaries, making air ambulance memberships one of the largest Medigap products sold to seniors; without any safeguards against seniors being sold unnecessary duplicative insurance.You will hear in testimony today that the 8th Circuit appellate court decision prevents states from enacting consumer protections like SB 1038, but this is an inaccurate reading of the 8th Circuit decision:
Oversight of the coverage and terms offered by air ambulance membership policies is critical for consumers.As a result of the No Surprises Act, policyholders should get a large discount on air ambulance membership premiums starting in 2022 now that patients can no longer be balance billed, because the payment to cost ratio will only cover copay and deductibles.
There are also predatory terms in some membership contracts, such as auto-renewals without express consent and without refunds to consumers who object – we have filed letters with the committee from consumers in Tennessee describing such circumstances.SB 1038 is not about taking anything away from consumers, it provides a more effective product for the very small portion of the population that may need it, at a much lower premium cost to them. Thank you for considering our perspective and working to put patients first in Tennessee.
Since March 2019, Air Methods has worked to eliminate air medical memberships from the industry. We will continue this fight because it is the right thing for our patients and the communities we serve.
At Air Methods, we have made it our mission to identify more effective ways to keep patients out of the middle of the billing process. We eliminated our membership program back in 2019, focused our efforts on reaching in-network agreements with insurance companies, and developed a robust Patient Advocacy program that provides the assistance patients need after a transport so they can focus on their recovery rather than bills.
For many years, emergency air medical companies have sold memberships to patients who rely on their services to access critical healthcare during emergencies. This subscription model was created to serve as an alternative to insurance, covering members for the cost of an air ambulance flight when a payer denied reimbursement for the transport. But, in today’s healthcare world, this model is outdated, and it is time to move forward.
As patient billing becomes a top-of-mind issue in 2021, we have not wavered in our commitment to this model that is reducing out-of-pocket costs for our patients, which is now less than $200 including copays and deductibles.
Becker’s Hospital Review recently published an article by our CEO, JaeLynn Williams, calling on the air medical industry to evolve past patient memberships.
Here are some highlights:
A membership is not a prerequisite for care, and it doesn’t replace insurance. That begs the question, is there really a need for them at all? The answer, in short, is no. Air medical services are provided in life-threatening situations when time is of the essence, and there is no time to “schedule” or “wait” for a transport.
We encourage all air medical services that offer membership programs to end them, refund Medicare enrollees who never needed them, and adopt more effective practices.
Over the last four years, Air Methods has deployed multiple strategies to make billing as transparent and simple as possible for our patients. Our guiding principle is to approach any billing concerns according to what is best for them. To accomplish that, we have aggressively pursued in-network agreements with any willing payer who will come to the table and negotiate with us. This has resulted in over 50 percent of our privately insured patients being covered by in-network agreements – up from just 5 percent only four years ago – with partners like Anthem, Humana, and most states’ Blue Cross Blue Shield plans.
Read the full article here.