Air Methods/Rocky Mountain Holdings, LLC v. State ex rel. Dep't of Workforce Servs., Workers' Comp. Div.

Summary

The Wyoming Supreme Court reviewed consolidated appeals concerning reimbursement for air ambulance services under Wyoming's workers' compensation system. It held that the Airline Deregulation Act preempted the statutory and regulatory provisions establishing maximum reimbursement rates for air ambulance services, that the remaining statutory provision was severable and required payment of the billed charges, and that the Division's orders were properly affirmed. The court also addressed Air Methods' request for pre- and post-judgment interest.

Holdings

1. The court declined to consider the Division's argument that the federal preemption ruling rested on an incorrect interpretation of Wyoming's balance-billing law because the argument was raised for the first time on appeal from the administrative decision.
2. The preempted rate-limit language of § 27-14-401(e) was severable, and the remaining language remained operative.
3. Section 27-14-401(e), as severed, required the Division to pay the full amounts billed for necessary air-ambulance services.
4. The OAH's order requiring full payment did not violate article 16, § 7 of the Wyoming Constitution because the Workers' Compensation Act is a continuing appropriation and the severed statute authorized the payments.
5. The OAH retained jurisdiction to decide Air Methods' interest motion because the motion concerned a related claim that was not addressed in the appealed summary judgment order.
6. The OAH lacked statutory authority to award pre- or post-judgment interest on Air Methods' contested workers' compensation claims.

Questions Presented

1. Whether the Wyoming Supreme Court should reconsider the federal courts' Airline Deregulation Act preemption ruling based on an argument about Wyoming's balance-billing statute that the Division did not raise before the agency.
2. Whether the preempted rate-limit provisions of Wyo. Stat. Ann. § 27-14-401(e) were severable under Wyoming law.
3. Whether § 27-14-401(e), as severed and read with the Airline Deregulation Act, required the Division to pay the full amounts billed by air-ambulance providers.
4. Whether the OAH order requiring full payment violated the Wyoming Constitution's appropriation requirement.
5. Whether the OAH retained jurisdiction to decide Air Methods' interest motion after the Division petitioned for judicial review of the summary judgment order.
6. Whether Wyoming law authorized the OAH to award pre- or post-judgment interest on contested workers' compensation claims.

Disposition

affirmed