Re: Fwd: Notification of Opinion (Texas Attorney General's Office) GA-0684

[Guest guest]

Ricky,

Can't be done. The federal law preempts ALL regulations at any level below

federal level.

The only way to fix this is to go to Congress.

GG

>

> Maybe we look at setting up city/county ordinances to regulate air medical

> like we do for all other providers. Then at least the city/county can

> control who can come in and sell subscriptions, mandate a local

> representative, etc., or for that matter control who can even fly into an

> area. Just an idea!

>

> Ricky Reeves

>

> From: THEDUDMAN@...

>

> To: texasems-l@yahoogrotexasem

>

> Date: 11/20/2008 23:37

>

> Subject: Re: Fwd: Notification of Opinion (Texas Attorney

> General's Office) GA-0684

>

> Sent by: texasems-l@yahoogrotexasem

>

>

> It appears that the AG answered a very limited question that does not apply

> to the

> proposed rule.? This potentially takes away DSHS's authority to regulate air

> medical AT ALL.? If DSHS cannot mandate that an air medical provider get the

> approval of the elected officials of jurisdictions they hope to sell

> subscriptions

> in (which would prevent some from selling subscriptions in counties where

> they are

> no where near...a problem that has occurred multiple times in the past and

> continues today) or require that the literature they use to recruit members

> does

> not tell potential patients to call them directly instead of calling 911

> (again...a problem here in Texas in the past and now possibly again) because

> this

> affects their RATES....then what can we regulate?

>

> We can't require them to have 4X4's or band-aids... We can't require them to

> have

> affect the rates charged...we can't require them to carry what is listed in

> their

> protocols... protocols...<wbr>because that affects the rates...we can't

> require th

> and paramedic on board...or 2 paramedics.. and paramedic on board...or 2

> paramedic

>

> This is so stinking aggravating. This is so stinking aggravating.<wbr>..some

> of th

> regulation.. regulation..<wbr>.it is the ones who have caused the problems

> in the

> could again, that oppose this... " for the protection of the citizens of

> Texas " .?

>

> Well, here is a clue for you...the citizens of Texas would be safer if you

> kept

> those machines on the ground.? This is my chief aggravation. those machines

> on the

> someone in my district buys a subscription from an operator that is no where

> near

> my service area...and then I call our local provider because they are close

> (< 10

> min)...and then they bill the patient and the patient marches into my office

> (because there are no air providers officing in my area) and DEMANDS to know

> why I

> didn't call the helicopter that they are members of.? It says in this stuff

> I

> signed that they could come get me...yada yada yada....so now WE have a

> dissatisfied customer...not the air medical service who sold subscriptions

> they

> knew they could never service...yet they are the ones with the money in the

> bank.

>

> This is ridiculous.? Here are my suggestions:

>

> 1.? REMEMBER who the true customers of the air medical services are.? Unlike

> 911

> ground providers, the patient is NOT the customer of the air medical

> provider...WE

> ARE.? The customer does not make the choice of who gets called, we do.? As

> such,

> we should DEMAND that the air medical providers we use do things right,

> follow the

> safety procedures required and those recommended by NTSB or we won't call

> them...and that if they are going to have a subscription program...they play

> by

> the rules...and if they can't service their subscriber because of distance

> or busy

> aircraft...that they pay the co-pay that would have been waived to the air

> medical

> provider who actually made the flight.

>

> 2.? DSHS STOPS regulating air medical providers all together.... 2.? DSHS

> STOPS re

> with such a fruitless effort.? It is evident the industry can take care of

> itself...just make sure all your friends and loved ones get out of the air

> medical

> business so that we stop losing our friends, colleagues and loved ones to

> stupid

> preventable accidents which will only increase...let the leaders of the

> organizations who are making the bad decisions and pressuring flight crews

> to do

> stupid things make those flights....

>

> 3.? WE stop calling air medical.? Even if we stopped calling them for just

> seven

> days...or 30 days...not only would we see that dead people wouldn't be

> piling up

> in the streets, we would improve the self-esteem of our medics who would see

> that

> the patient who got their bell rung and has amnesia of the events with

> stable

> vital signs didn't suddenly have their head blow off 1/2 way to the

> hospital...and

> that they were able to manage the patient for the 30, 60 or 90 minute trip

> to the

> hospital.?

>

> Everyone be sure to come to the Air Medical Committee this Sunday in Ft.

> Worth...this promises to be a lively meeting.

>

> Dudley

>

> Fwd: Notification of Opinion (Texas Attorney General's

> Office) GA-0684

>

> Discuss....

>

> -Wes Ogilvie

>

> Good afternoon:

>

> We issued 1 Attorney General Opinion: GA-0684 (RQ-0719-GA)

>

> Opinion No. GA-0684

> Go to:

>

> http://www.oag.http://wwhttp://www.ohttp://wwhttp://wwhttp://www.ohttp://www.

>

> Re: Whether the federal Airline Deregulation Act preempts the state statute

> and

> regulation authorizing an EMS subscription program as applied to air

> ambulances

> (RQ-0719-GA)

>

> http://www.oag.http://wwhttp://www.ohttp://wwhttp://wwhttp://www.ohttp://wwhtt

>

> Summary: Pursuant to section 157.11(l) of Title 25, Texas Administrative

> Code,

> emergency medical service providers may establish a subscription program

> allowing members a reduced rate for air ambulance services. Because section

> 157.11(l) relates to charges for air ambulance services, the federal Airline

> Deregulation Act of 1978 (ADA) preempts it as to air carriers providing

> interstate air ambulance services. The ADA preempts the state regulation as

> applied to a ground ambulance operated as an integral part of an air

> ambulance

> service.

>

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