West Virginia 2025 Regular Session

West Virginia House Bill HB3470

Introduced
3/17/25  

Caption

Prohibiting surprise billing of ground emergency medical services by nonparticipating providers

Summary

HB3470 would prohibit balance billing for out-of-network ground ambulance services in West Virginia health insurance plans. For policies issued on or after January 1, 2026, the bill requires insurers to treat payment to a nonparticipating emergency medical services agency as payment in full for covered ground ambulance services, except for normal enrollee cost-sharing such as copayments, coinsurance, and deductibles. It applies across major categories of health coverage, including individual, group, hospital service corporation, health service corporation, and HMO plans. The bill sets a payment floor for insurers: for covered ground ambulance services, the insurer must pay the lesser of 400% of the applicable Medicare ambulance rate in the same geographic area or the provider’s billed charges. It also limits what the insured can be charged so that cost-sharing cannot exceed what would have applied if the ambulance provider were in-network. Air ambulance services are excluded from the bill’s protections and payment rules. HB3470 also creates prompt-payment and claims-processing requirements. Insurers must pay or deny a clean claim within 30 days, remit payment directly to the ambulance provider rather than the patient, and provide written notice explaining any denial or request for additional information. The bill allows exceptions to the 30-day rule in limited circumstances, such as coordination of benefits, another party being responsible, prior payment, fraud, or material misrepresentation. The bill’s impact on state law would be to add new sections to multiple insurance code articles and establish a statewide surprise-billing framework for ground ambulance services. It would change how insurers, emergency medical services agencies, and covered enrollees interact by limiting patient liability, standardizing reimbursement rules for nonparticipating EMS agencies, and imposing direct-payment and notice obligations on insurers. Overall, the bill appears aimed at consumer protection and reducing unexpected medical bills, and the available materials show no recorded committee debate or votes. The main point of policy tension inherent in the bill is the reimbursement level for out-of-network ambulance providers: it protects patients from balance billing while also capping insurer payment at a Medicare-based formula, which may be viewed differently by insurers and EMS agencies depending on whether they believe the rate is adequate.

Impact

HB3470 would amend multiple chapters of the West Virginia insurance code by adding parallel provisions to individual, group, hospital service corporation, health service corporation, and HMO coverage statutes. It would prohibit nonparticipating ground ambulance providers from balance billing covered enrollees, require insurers to pay those providers directly, establish a minimum reimbursement formula tied to Medicare rates, and impose 30-day clean-claim processing and written denial-notice requirements. The bill would not apply to air ambulance services.

Sentiment

The bill’s stated purpose and structure suggest a consumer-protection approach that is generally favorable to insured patients facing emergency ambulance bills. Because there are no committee transcripts or recorded votes in the provided materials, there is no documented public debate to indicate opposition or support from specific lawmakers. The overall sentiment inferred from the bill text is that it is intended to curb surprise billing while preserving some reimbursement for providers.

Contention

The likely area of contention is the reimbursement methodology for nonparticipating emergency medical services agencies. Insurers may object to the mandated payment floor and direct-payment rules, while EMS providers may argue that the Medicare-based cap and the prohibition on balance billing could underpay them relative to costs or billed charges. Another possible point of dispute is the exclusion of air ambulance services, which means the bill addresses only ground ambulance surprise billing and leaves a separate category of emergency transport outside its protections.

Companion Bills

WV SB632

Similar To Relating to surprise billing of out-of-network ambulance services

Previously Filed As

WV HB116

Relating to authorizing the Public Employee Insurance Agency to provide insurance coverage for certain prescribed weight loss medications

WV SB1006

Making supplementary appropriation to Bureau for Medical Services, Policy and Programming, and to BOE

WV HB106

Making a supplementary appropriation to the Department of Human Services, Bureau for Medical Services – Policy and Programming and State Board of Education – State Department of Education

WV SB1013

Prohibiting payment to residential substance use disorder treatment facilities in certain circumstances

WV HB113

Prohibiting payment to residential substance use disorder treatment facilities that do not meet certain requirements

WV SB1015

Amending amount of surplus deposited into Revenue Shortfall Reserve Fund

WV HB115

Relating to the amount of surplus deposited into the Revenue Shortfall Reserve Fund and providing for an effective date

WV SB1001

Supplementing and amending appropriations to Department of Health and Department of Human Services

WV SCR102

Extending State of Emergency and suspending certain requirements for Free Application for Federal Student Aid

WV HB101

Supplementing and amending appropriations to the Department of Health and Department of Human Services

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