In 2018, state and federal courts have largely found that the Airline Deregulation Act of 1978 (ADA) preempts state workers compensation laws establishing air ambulance reimbursement rates. More recently, on December 7, 2018, the federal Fourth Circuit Court of Appeals followed suit in Air Evac EMS, Inc. v. Cheatham, holding that the ADA preempted West Virginia’s workers compensation fee schedule. The court also concluded that, due to the ADA, West Virginia was precluded from using its regulatory power to limit air ambulance reimbursement rates.
NCCI will monitor for further developments and any potential impacts on the workers compensation system.
For more information on other air ambulance cases monitored by NCCI’s Legal Division in 2018, visit previous Court Case Update editions under Workers Compensation Insights on ncci.com.
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