[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2812 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2812

    To improve consumer protections for customers of air ambulance 
                   operators, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2018

Mrs. McCaskill introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To improve consumer protections for customers of air ambulance 
                   operators, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Ambulance Consumer Protection 
Act''.

SEC. 2. ADVISORY COMMITTEE FOR TRANSPARENCY IN AIR AMBULANCE INDUSTRY.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall establish an 
advisory committee to make recommendations for a rulemaking--
            (1) to require air ambulance operators to clearly disclose 
        charges for air transportation services separately from charges 
        for non-air transportation services within any invoice or bill; 
        and
            (2) to provide other consumer protections for customers of 
        air ambulance operators.
    (b) Composition of the Advisory Committee.--The advisory committee 
shall be composed of the following members:
            (1) The Secretary of Transportation.
            (2) One representative, to be appointed by the Secretary, 
        of each of the following:
                    (A) Each relevant Federal agency, as determined by 
                the Secretary.
                    (B) State insurance regulators.
                    (C) Health insurance providers.
                    (D) Consumer groups.
            (3) Three representatives, to be appointed by the 
        Secretary, to represent the various segments of the air 
        ambulance industry.
    (c) Recommendations.--The advisory committee shall make 
recommendations with respect to each of the following:
            (1) Cost-allocation methodologies needed to ensure that 
        charges for air transportation services are separated from 
        charges for non-air transportation services.
            (2) Cost- or price-allocation methodologies to prevent 
        commingling of charges for air transportation services and 
        charges for non-air transportation services in bills and 
        invoices.
            (3) Formats for bills and invoices to ensure that customers 
        and State insurance regulators can clearly distinguish between 
        charges for air transportation services and charges for non-air 
        transportation services.
            (4) Data or industry references related to aircraft 
        operating costs to be used in determining the proper allocation 
        of charges for air transportation services and charges for non-
        air transportation services.
            (5) Guidance materials to instruct States, political 
        subdivisions of States, and political authorities of 2 or more 
        States on referring to the Secretary allegations of unfair or 
        deceptive practices or unfair methods of competition by air 
        ambulance operators.
            (6) Protections for customers of air ambulance operators, 
        after consideration of the circumstances in which the services 
        of air ambulance operators are used.
            (7) Protections of proprietary cost data from inappropriate 
        public disclosure.
            (8) Such other matters as the Secretary determines 
        necessary or appropriate.
    (d) Report.--Not later than 180 days after the date of the first 
meeting of the advisory committee, the advisory committee shall submit 
to the Secretary, the Committee on Transportation and Infrastructure of 
the House of Representatives, and the Committee on Commerce, Science, 
and Transportation of the Senate a report containing the 
recommendations made under subsection (c).
    (e) Rulemaking.--Not later than 180 days after the date of receipt 
of the report under subsection (d), the Secretary shall consider the 
recommendations of the advisory committee and issue a final rule--
            (1) to require air ambulance operators to clearly disclose 
        charges for air transportation services separately from charges 
        for non-air transportation services within any invoice or bill; 
        and
            (2) to provide other consumer protections for customers of 
        air ambulance operators.
    (f) Definitions.--In this section, the following definitions apply:
            (1) Air ambulance operator.--The term ``air ambulance 
        operator'' means an air carrier operating pursuant to part 135 
        of title 14, Code of Federal Regulations, that provides 
        medical, ambulance, or related services.
            (2) Non-air transportation services.--The term ``non-air 
        transportation services'' means those services provided by air 
        ambulance operators but not other air carriers operating 
        pursuant to part 135 of title 14, Code of Federal Regulations.
    (g) Termination.--The advisory committee shall terminate on the 
date of submission of the report under subsection (d).
    (h) Nature of Air Ambulance Services.--The non-air transportation 
services of air ambulance operators and prices thereof are neither 
services nor prices of an air carrier for purposes of section 41713 of 
title 49, United States Code.

SEC. 3. AIR AMBULANCE COMPLAINTS.

    (a) Consumer Complaints.--Section 42302 of title 49, United States 
Code, is amended--
            (1) in subsection (a) by inserting ``(including 
        transportation by air ambulance)'' after ``air 
        transportation'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``, and an air ambulance 
                        operator,'' after ``passenger seats''; and
                            (ii) by inserting ``or operator'' after 
                        ``Internet Web site of the carrier''; and
                    (B) in paragraph (2) by inserting ``or operator'' 
                after ``mailing address of the air carrier''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Notice to Passengers on Boarding or Billing Documentation.--
            ``(1) Air carriers and foreign air carriers.--An air 
        carrier or foreign air carrier providing scheduled air 
        transportation using any aircraft that as originally designed 
        has a passenger capacity of 30 or more passenger seats shall 
        include the hotline telephone number established under 
        subsection (a) on--
                    ``(A) prominently displayed signs of the carrier at 
                the airport ticket counters in the United States where 
                the air carrier operates; and
                    ``(B) any electronic confirmation of the purchase 
                of a passenger ticket for air transportation issued by 
                the air carrier.
            ``(2) Air ambulance operators.--An air ambulance operator 
        shall include the hotline telephone number established under 
        subsection (a) on any invoice, bill, or other communication 
        provided to a passenger or customer of the operator.''.
    (b) Unfair and Deceptive Practices and Unfair Methods of 
Competition.--Section 41712(a) of title 49, United States Code, is 
amended--
            (1) by inserting ``air ambulance customer,'' after 
        ``foreign air carrier,'' the first place it appears; and
            (2) by adding at the end the following: ``In this 
        subsection, the term `air carrier' includes an air ambulance 
        operator and the term `air transportation' includes any 
        transportation provided by an air ambulance.''.
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