ADA Pre-Empts WC Division From Resolving Air Ambulance Fee Dispute

Kansas last week joined the growing number of jurisdictions that will not allow states to regulate the fees charged by air ambulance providers. Just last month, the U.S. 11th Circuit Court of Appeals ruled that the federal Airline Deregulation Act pre-empts any state efforts to cap the rates being charged for the air transport of critically injured persons. Courts in Texas, Colorado, Kentucky, North Dakota, Florida and Wyoming have all arrived at the same conclusion. The ADA expressly prohibits states from enacting or enforcing laws that affect the price, route or service of an air carrier. ...