Nathan A Adams IV is a Partner in Holland & Knight's Tallahassee office.
In Ferrell v. Air Evac EMS, Inc., 900 F.3d 602 (8th Cir. 2018), a patient brought a putative class action in state court against an air ambulance provider, seeking a declaratory judgment that any contract between class members and the provider was unenforceable, damages under the Arkansas Deceptive Trade Practices Act (DTPA) for concealment of price terms for services and a declaratory judgment that the provider could not seek restitution against class members due to unclean hands. The patient had checked into an emergency room at a hospital after experiencing chest pain. Staff arranged for air transport to another hospital 41 miles away. Thereafter, the provider sent the patient a bill for $30,083.26, of which his insurer paid $1,000. Following removal of the case, the district court dismissed all claims as pre-empted by the Airline Deregulation Act. The court of appeals affirmed. It determined that the Americans with Disabilities Act (ADA) pre-empted the patient's claim that the provider's suppression or omission of whether healthcare insurance would pay for services and how much patients would be charged violated the DTPA because the state law relates to a price, route or service of an air carrier that might provide air transportation. But the court added that its ruling does not leave air ambulance patients without potential, unpre-empted judicial remedies. If the patient does not pay the amount charged and the provider sues, the patient may assert in defense that he did not agree to pay that amount, and no enforceable contract was breached. The provider might then assert an equitable claim to recover for services rendered, but principles of state law may control.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
