On June 15, 2018, the Court of Appeals of Kansas held, in
Eaglemed, LLC v. Travelers Insurance, that the federal Airline Deregulation Act (ADA) expressly preempts state laws and actions regulating air ambulance billing. The court concluded that, due to federal ADA preemption, the Kansas Division of Workers Compensation cannot determine the reasonableness of air ambulance charges and lacks authority to adjudicate fee disputes between a workers compensation insurer and an air ambulance provider.
This decision could be appealed to the Kansas Supreme Court. NCCI will monitor for further developments and any potential impact on the workers compensation system.
This article is provided solely as a reference tool to be used for informational purposes only. The information in this article shall not be construed or interpreted as providing legal or any other advice. Use of this article for any purpose other than as set forth herein is strictly prohibited.