Federal Trial Judge Strikes Down State Fee Schedule for Air Ambulance Providers

A federal trial judge in West Virginia last week issued an injunction barring the state from continuing to enforce its fee schedule for air ambulance services. To date, air ambulance providers have had wide success with the argument that the federal Airline Deregulation Act pre-empts any effort by a state to limit the amounts they charge. The ADA expressly prohibits states from enforcing any law or regulation related to the price, route or service of an air carrier. But the comp systems in many states — including Alabama, Alaska, Georgia, Hawaii, Illinois, Ohio, Tennessee, W...