Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                    Enrolled Committee Substitute for Senate Bill 533
 By Senators Deeds, Barrett, Hamilton, Hunt, Nelson,
  Phillips, Queen, Roberts, Swope, Takubo, Plymale,
              Maroney, and Woodrum [Passed March 8, 2024; in effect 90 days from passage]
     Enr CS for SB 533
  AN ACT to amend and reenact §16-4C-3 of the Code of West Virginia, 1931, as amended; to
         amend said code by adding thereto a new section, designated §16-4C-26; to amend said
         code by adding thereto a new section, designated §33-15-4x; to amend and reenact §33-
         15-21 of said code; to amend and reenact §33-16-3i of said code; to amend said code by
         adding thereto a new section, designated §33-16-3rr; to amend and reenact §33-24-7e of
         said code; to amend said code by adding thereto a new section, designated §33-24-7y; to
         amend and reenact §33-25-8d of said code; to amend said code by adding thereto a new
         section, designated §33-25-8v; to amend and reenact §33-25A-8d of said code; and to
         amend said code by adding thereto a new section, designated §33-25A-8y, all relating to
        emergency medical services; defining terms; providing that an emergency medical
        services agency may triage and transport a patient to an alternate destination in certain
        circumstances; mandating insurance coverage; providing that covered services include
        pre-hospital screening and stabilization of emergency conditions by an ambulance service;
        providing that air ambulance service is excluded from coverage; providing that coverage is
        subject to deductibles or copayment; providing that coverage be provided if the patient
        declines to be transported against medical advice; and providing effective date.
     Be it enacted by the Legislature of West Virginia:
                                CHAPTER 16. PUBLIC HEALTH.
     ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
     §16-4C-3. Definitions.
         As used in this article, unless the context clearly requires a different meaning:
         (a) "Ambulance" means any privately, publicly-owned vehicle, or aircraft which is
  designed, constructed, or modified; equipped or maintained; and operated for the transportation of
  patients, including, but not limited to, emergency medical services vehicles; rotary and fixed wing
  air ambulances; gsa kkk-A-1822 federal standard type I, type II, and type III vehicles; and
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  specialized multipatient medical transport vehicles operated by an emergency medical services
  agency;
          (b)(1) "Alternative destination" means a lower-acuity facility that provides medical services,
  including without limitation:
         (A) A federally-qualified health center;
         (B) An urgent care center;
         (C) A rural health clinic;
         (D) A physician office or medical clinic as selected by the patient; and
         (E) A behavioral or mental health care facility including, without limitation, a crisis
 stabilization unit.
         (2) "Alternative destination" does not include a:
         (A) Critical access hospital;
         (B) Dialysis center;
         (C) Hospital;
         (D) Private residence; or
         (E) Skilled nursing facility.
         (c) "Commissioner" means the Commissioner of the Bureau for Public Health;
         (d) "Council" means the Emergency Medical Services Advisory Council created pursuant
 to this article;
         (e) "Director" means the Director of the Office of Emergency Medical Services;
         (f) "Emergency Medical Services" means all services set forth in Public Law 93-154 The
 Emergency Medical Services Systems Act of 1973 and those included in and made a part of the
 emergency medical services plan of the Department of Health inclusive of, but not limited to,
 responding to the medical needs of an individual to prevent the loss of life or aggravation of illness
 or injury;
         (g) "Emergency medical services agency" means any agency licensed under §16-4C-6a of
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 this code to provide emergency medical services;
        (h) "Emergency medical services personnel" means any person certified by the
 commissioner to provide emergency medical services as set forth by legislative rule;
        (i) "Emergency medical services provider" means any authority, person, corporation,
 partnership, or other entity, public or private, which owns or operates a licensed emergency
 medical services agency providing emergency medical services in this state;
        (j) "Governing body" has the meanings ascribed to it as applied to a municipality in §8-1-
 2(b)(1) of this code;
        (k) "Line officer" means the emergency medical services personnel, present at the scene
 of an accident, injury, or illness, who has taken the responsibility for patient care;
        (l) "Medical command" means the issuing of orders by a physician from a medical facility to
 emergency medical services personnel for the purpose of providing appropriate patient care;
        (m) "Municipality" has the meaning ascribed to it in §8-1-2(a)(1) of this code;
        (n) "Patient" means any person who is a recipient of the services provided by emergency
 medical services;
        (o) A rural health clinic means an outpatient care facility that provides rural health services,
 such as primary care and routine laboratory services, to rural and often underserved communities;
        (p) "Service reciprocity" means the provision of emergency medical services to citizens of
 this state by emergency medical services personnel certified to render those services by a
 neighboring state;
        (q) "Small emergency medical services provider" means any emergency medical services
 provider which is made up of less than 20 emergency medical services personnel; and
        (r) "Specialized multipatient medical transport" means a type of ambulance transport
 provided for patients with medical needs greater than those of the average population, which may
 require the presence of a trained emergency medical technician during the transport of the patient:
 Provided, That the requirement of "greater medical need" may not prohibit the transportation of a
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 patient whose need is       preventive in      nature.
     §16-4C-26. Triage, treat, and transport to alternative destination.
            (a) An emergency medical services agency may triage and transport a patient to an
  alternative destination in this state or treat in place if the emergency medical services agency is
  coordinating the care of the patient through medical command or telehealth services with a
  physician for a medical-based complaint or with a behavioral health specialist for a behavioral-
  based complaint. Emergency medical services agencies shall execute a memorandum of
  understanding with alternative treatment destinations as permitted by the protocols to transport
  patients.
            (b) On or before October 1, 2024, the director shall establish protocols for emergency
  medical services agencies to triage, treat, and transport to alternative destinations.
                                      CHAPTER 33. INSURANCE.
     ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.
     §33-15-4x. Coverage of emergency medical services to triage and transport to alternative destination or treat in place.
            (a) The following terms are defined:
            (1) "911 call" means a communication indicating that an individual may need emergency
  medical services;
            (2) "Alternative destination" means a lower-acuity facility that provides medical services,
  including without limitation:
            (A) A federally-qualified health center;
            (B) An urgent care center;
            (C) A rural health clinic;
            (D) A physician office or medical clinic as selected by the patient; and
           (E) A behavioral or mental health care facility including, without limitation, a crisis
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 stabilization unit.
         "Alternative destination" does not include a:
         (A) Critical access hospital;
         (B) Dialysis center;
         (C) Hospital;
         (D) Private residence; or
         (E) Skilled nursing facility;
         (3) "Emergency medical services agency" means any agency licensed under §16-4C-6a of
 this code to provide emergency medical services: Provided, That rotary and fixed wing air
 ambulances are specifically excluded from the definition of an emergency medical services
 agency;
         (4) "Medical command" means the issuing of orders by a physician from a medical facility
 to emergency medical services personnel for the purpose of providing appropriate patient care;
 and
         (5)   "Telehealth services"   means the use of   synchronous or   asynchronous
 telecommunications technology or audio-only telephone calls by a health care practitioner to
 provide health care services, including, but not limited to, assessment, diagnosis, consultation,
 treatment, and monitoring of a patient; transfer of medical data; patient and professional health-
 related education; public health services; and health administration. The term does not include e-
 mail messages or facsimile transmissions.
         (b) An insurer which issues or renews a health insurance policy on or after January 1,
 2025, shall provide coverage for:
         (1) An emergency medical services agency to:
         (A) Treat an enrollee in place if the ambulance service is coordinating the care of the
 enrollee through telehealth services with a physician for a medical-based complaint or with a
 behavioral health specialist for a behavioral-based complaint;
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         (B) Triage or triage and transport an enrollee to an alternative destination if the ambulance
 service is coordinating the care of the enrollee through telehealth services with a physician for a
 medical-based complaint or with a behavioral health specialist for a behavioral-based complaint;
 or
         (C) An encounter between an ambulance service and enrollee that results in no transport
 of the enrollee if:
         (i) The enrollee declines to be transported against medical advice; and
         (ii) The emergency medical services agency is coordinating the care of the enrollee
 through telehealth services or medical command with a physician for a medical-based complaint
 or with a behavioral health specialist for a behavioral-based complaint.
         (c) The coverage under this section:
         (1) Only includes emergency medical services transportation to the treatment location;
         (2) Is subject to the initiation of response, triage, and treatment as a result of a 911 call that
 is documented in the records of the emergency medical services agency;
         (3) Is subject to deductibles or copayment requirements of the policy, contract, or plan;
         (4) Does not diminish or limit benefits otherwise allowable under a health benefit plan,
 even if the billing claims for medical or behavioral health services overlap in time that is billed by
 the ambulance service also providing care; and
         (5) Does not include rotary or fixed wing air ambulance services.
         (d) The reimbursement rate for an emergency medical services agency that triages, treats,
 and transports a patient to an alternative destination, or triages, treats, and does not transport a
 patient, if the patient declines to be transported against medical advice, if the ambulance service is
 coordinating the care of the enrollee through medical command or telemedicine with a physician
 for a medical-based complaint, or with a behavioral health specialist for a behavioral-based
 complaint under this section, shall be reimbursed at the same rate as if the patient were
 transported to   an emergency room of      a facility provider.
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     §33-15-21. Coverage of emergency services.
         From July 1, 1998:
         (a) Every insurer shall provide coverage for emergency medical services, including
  prehospital services, to the extent necessary to screen and to stabilize an emergency medical
  condition. The insurer shall not require prior authorization of the screening services if a prudent
  layperson acting reasonably would have believed that an emergency medical condition existed.
  Prior authorization of coverage shall not be required for stabilization if an emergency medical
  condition exists. Payment of claims for emergency services shall be based on the retrospective
  review of the presenting history and symptoms of the covered person.
         (b) The coverage for prehospital screening and stabilization of an emergency medical
 condition shall include ambulance services provided under the provisions of §16-4C-1 et seq. of
 this code, excluding air ambulance services as defined in §16-4C-3(a) of this code. The insurer
 shall pay claims for prehospital screening and stabilization of emergency condition by ambulance
 service if the insured is transported to an emergency room of a facility provider or if the patient
 declines to be transported against medical advice. The coverage under this section is subject to
 deductibles or copayment requirements of the policy, contract, or plan.
        (c) An insurer that has given prior authorization for emergency services shall cover the
 services and shall not retract the authorization after the services have been provided unless the
 authorization was based on a material misrepresentation about the covered person's health
 condition made by the referring provider, the provider of the emergency services, or the covered
 person.
        (d) Coverage of emergency services shall be subject to coinsurance, copayments, and
 deductibles applicable under the health benefit plan.
        (e) The emergency department and the insurer shall make a good faith effort to
 communicate with each other in a timely fashion to expedite post evaluation or post stabilization
 services in order to avoid material deterioration of the covered person's condition.
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          (f) As used in this section:
          (1) "Emergency medical services" means those services required to screen for or treat an
 emergency medical condition until the condition is stabilized, including prehospital care;
          (2) "Prudent layperson" means a person who is without medical training and who draws on
 his or her practical experience when making a decision regarding whether an emergency medical
 condition exists for which emergency treatment should be sought;
          (3) "Emergency medical condition for the prudent layperson" means one that manifests
 itself by acute symptoms of sufficient severity, including severe pain, such that the person could
 reasonably expect the absence of immediate medical attention to result in serious jeopardy to the
 individual's health, or, with respect to a pregnant woman, the health of the unborn child; serious
 impairment to bodily functions; or serious dysfunction of any bodily organ or part;
          (4) "Stabilize" means with respect to an emergency medical condition, to provide medical
 treatment of the condition necessary to assure, with reasonable medical probability, that no
 medical deterioration of the condition is likely to result from or occur during the transfer of the
 individual from a facility: Provided, That this provision may not be construed to prohibit, limit, or
 otherwise delay the transportation required for a higher level of care than that possible at the
 treating facility;
          (5) "Medical screening examination" means an appropriate examination within the
 capability of the hospital's emergency department, including ancillary services routinely available
 to the emergency department, to determine whether or not an emergency medical condition
 exists; and
          (6) "Emergency medical condition" means a condition that manifests itself by acute
 symptoms of sufficient severity, including severe pain, such that the absence of immediate
 medical attention could reasonably be expected to result in serious jeopardy to the individual's
 health, or, with respect to a pregnant woman, the health of the unborn child, serious impairment to
 bodily functions,    or serious dysfunction of   any bodily part or    organ.
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     ARTICLE 16. GROUP ACCIDENT AND SICKNESS COVERAGE.
     §33-16-3i. Coverage of emergency services.
         (a) Notwithstanding any provision of any policy, provision, contract, plan, or agreement to
  which this article applies, any entity regulated by this article shall provide as benefits to all
  subscribers and members coverage for emergency services. A policy, provision, contract, plan, or
  agreement may apply to emergency services the same deductibles, coinsurance, and other
  limitations as apply to other covered services: Provided, that preauthorization or precertification
  shall not be required.
         (b) From July 1, 1998, the following provisions apply:
         (1) Every insurer shall provide coverage for emergency medical services, including
  prehospital services, to the extent necessary to screen and to stabi