Judge Allows Air Ambulance Provider to Challenge Fee Schedule

A federal trial judge in West Virginia last week ruled that an air ambulance provider can move forward with its claims that federal law bars the state from dictating the amounts it charges for transporting injured workers. Last summer, Air Evac EMS filed suit in the U.S. District Court for the Southern District of West Virginia, seeking an injunction to bar the West Virginia Office of the Insurance Commissioner and the Public Employees Insurance Agency from enforcing their fee schedules for air ambulance transportation services. Air Evac asserted that such efforts are pre-empted by the ...