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Our Experience with Airport Disability Services, and What We Have Learned

Our Experiences

This post is a complicated one to write as we are in the midst of attempting to file claims and pursue legal action against those that may have been involved in the failures of disability services to protect Diana and get her to her gate on the leg of her trip from the US. It is important to note that her disability services experience at the Frankfurt layover was fantastic. They were helpful, polite, and had very accessible transportation. A completely distinct experience from what she had at the US airport.

In the US, Diana was abandoned at one of those airline clubs, not near her gate, and the disability agent never returned, she was then forced to rush herself to the gate without any assistance, in fact she had to endure misdirection as well. Among the reasons Diana requested assistance was mobility issues. We have attempted to obtain the video documentation, but have been thwarted by their complaints of security issues and lack of staff to review the footage. The reality is more likely that they also want to complicate a lawsuit, requiring us to speed up finding a lawyer willing to take the case. It seems only a lawyer can force their hand, before they erase the footage, which hopefully they haven’t already. As it is a challenge to sue airlines in the US, finding a lawyer has been difficult.

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Air Travel and the Air Carrier Access Act

Original Link | Metropolitan Airport News

Julia Lauria-Blum | BY JULIA LAURIA-BLUM | NOVEMBER 14, 2022 | 14 MINS READ

Accessible Services at New York Airports

This October, the Air Carrier Access Act of 1986 (ACAA) celebrated its 36th anniversary. The ACAA (Public Law 99–435) prohibits discrimination against persons with disabilities in commercial air transportation. Airlines are required to provide passengers with disabilities with many types of assistance, including wheelchair or other guided assistance to board, deplane, or connect to another flight, and seating accommodation assistance that meets passenger’s disability-related needs, as well as assistance with the loading and stowing of assistive devices. After a lengthy rulemaking process that included regulatory negotiations involving representatives of the disability community and the airline industry, the U.S. Department of Transportation (USDOT) issued a final ACAA rule in March 1990, which has been amended 15 times by the USDOT to further improve access to transportation facilities and services.

The Centers for Disease Control estimates that 61 million adults in the U.S. live with a disability, which includes impairment in mobility, cognition, hearing, vision, independent living, and self-care. 

Air travel for people with disabilities can be exceptionally challenging if airport facilities are not accessible and reasonable accommodations are not made, as in the most recent amendment to the Air Carrier Access Amendments Act (ACAA) of 2021. This bill expands provisions prohibiting discrimination against disabled individuals by an air carrier. Specifically, it lists certain actions that an air carrier must take or may not take concerning a disabled individual. Despite these amendments, people with disabilities, including veterans, continue to experience significant barriers with traveling in air transportation, such as damaged assistive devices; inaccessible aircraft, lavatories, communication media, delayed assistance; the treatment of service animals, inadequate disability cultural competency, and a lack of suitable seating accommodations.

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Airline Passengers with Disabilities Bill of Rights

Original Link | USDOT

This Bill of Rights describes the fundamental rights of air travelers with disabilities under the Air Carrier Access Act and its implementing regulation, 14 Code of Federal Regulations (CFR) Part 382. 

Please click this link to download the latest version of the Bill of Rights.

The Bill of Rights consists of:

  1. The Right to Be Treated with Dignity and Respect.
  2. The Right to Receive Information About Services and Aircraft Capabilities and Limitations.
  3.  The Right to Receive Information in an Accessible Format.
  4. The Right to Accessible Airport Facilities.
  5. The Right to Assistance at Airports.
  6. The Right to Assistance on the Aircraft.
  7. The Right to Travel with an Assistive Device or Service Animal.
  8. The Right to Receive Seating Accommodations.
  9. The Right to Accessible Aircraft Features.
  10. The Right to Resolution of a Disability-Related Issue.
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Air Ambulance Use and Surprise Billing

*This document examines Air Ambulance surprise costs and slightly touches on the reasons for the for-profit price hikes, however does not address international air ambulance flights, which appears to not be regulated by any means.

ASPE | Office of Health Policy

Available evidence suggests that air ambulance transport isincreasing. Recent
federal legislation and regulation address surprise billing and data gaps.

Gina Turrini, Joel Ruhter, Andre R. Chappel, and Nancy De Lew

KEY POINTS

  • Air ambulances are typically used to transport patients from the scene of an injury or anaccident
    to hospitals, or between hospitals, particularly in criticalsituations when the time to treatment is
    urgent or when patients cannot safely travel by ground ambulance transportation.
  • While the number of air ambulance transportsis low – roughly 1 per 4,000 privately insured
    people per year and 1 in 350 Medicare beneficiaries – available evidence suggests there has been
    an increase in bases (where aircraft are stationed, typically airports or helipads) and
    providers/suppliers* (particularly independently owned and operated companies) in recent years and a shift towards for-profit entities.
  • Patients typically do not have a choice in air ambulance providers, and providers often do not
    inquire about insurance, leading to the potential for large out-of-pocket costs for privately insured
    or uninsured patients. Air ambulance providers are not allowed to send balance bills (when an
    out-of-network provider bills an individual for the difference between the billed charge and the
    amount paid by their plan or insurance) to Medicaid or Medicare patients but privately insured
    individuals do not have the same protections against balance bills for air ambulance transports.
  • A Government AccountabilityOffice Report found that in 2017 the median price charged for a
    rotary wing (e.g., helicopter) ambulance transport was $36,400 versus $40,600 for a fixed-wing
    (e.g., airplane) ambulance transport. The Airline Deregulation Act of 1978 prevents states from
    regulating prices charged by air carriers(which includes air ambulance transport).
  • The No Surprises Act, a component of the Consolidated Appropriations Act, 2021, addresses
    surprise air ambulance bills, effective January 1, 2022. Privately insured patients will pay only the
    deductibles and copayment amounts that they would have paid for in-network air ambulance
    providers, and balance billing will not be allowed.
  • Information has been limited on air ambulances and their charges. The No Surprises Act
    addresses this issue by requiring reporting by air ambulance companies and health plans on cost,
    quality and other data to the Departments of Transportation and Health and Human Services.
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