Under existing law, a health care provider must obtain a certificate of need from the State Health Planning and Development Agency (SHPDA) before the provider may operate a new institutional health service. Under the State Health Plan developed by SHPDA, an air ambulance service is considered an institutional health service. Certain federal courts have held that a state's authority to require a certificate of need for air ambulance services is preempted by federal aviation laws. This bill would exempt air ambulance services from the jurisdiction of SHPDA and would prohibit SHPDA from requiring a certificate of need for air ambulance services.

Statutes affected:
Introduced: 22-21-279