Eighth Circuit Holds States Cannot Regulate AirMedCare Network Memberships

AirMedCare Network to Resume Sales of Air Ambulance Memberships in North Dakota

(WEST PLAINS) — The Eighth Circuit Court of Appeals today issued its long-awaited ruling on a challenge to North Dakota Senate Bill 2231, which prohibited the sale and advertisement of AirMedCare Network (AMCN) memberships in the state. In a concise and well-reasoned opinion, the Eighth Circuit held that the State of North Dakota lacks the authority to regulate AMCN memberships. The Court held that the Airline Deregulation Act (ADA) gives the Federal Government the sole authority to regulate air ambulance memberships and states like North Dakota cannot use their insurance codes to create a loophole in the ADA.

AMCN has always maintained that its membership product is not insurance, and the Court’s ruling today validates this position. AMCN provides a valuable service – canceling any portion of an air ambulance bill that is not covered by insurance for any AMCN member who is transported by an AMCN affiliate. Today’s ruling is a clear win for consumers in North Dakota and elsewhere who would like to take advantage of the benefits of an AMCN membership.

Frequently Asked Questions:

If I am a member but end up being transported by a ground ambulance or another air ambulance service, who is responsible for the bill?

If an AirMedCare Network Provider does not transport you, you will be responsible for payment. Our membership program only covers transports provided by our affiliates.

Is there a limit to the number of transports a member can have in a year?

There is no limit to the number of transports a member may take in a year. Each transport is handled the same way and must be an emergent or time-sensitive transport as determined by a physician (or other appropriate provider) or first responder unaffiliated with AMCN.

Can I cover all of my family on the membership?

With an AirMedCare Network membership, any person or persons who reside under one (residential) roof are covered. In the event we have a member who lives in a duplex or apartment complex, we designate the primary member’s residence/address— that is considered the “one roof”. Undergraduate college students can be covered under their parent’s membership as well as anyone previously residing in the household who is then moved to a permanent care facility.