In its petition for writ of certiorari filed in November 2020, PHI asked the U.S. Supreme Court to “definitively … clarify that the ADA precludes state efforts like Texas’” and argued that the “fair and reasonable” amount determined by the Texas fee schedule for air ambulance reimbursement is “set well below market rates for services rendered to patients covered by workers compensation insurance.” In its reply, Texas Mutual Insurance Co. argued that PHI wanted to “compel insurers to pay whatever amount PHI decides to charge for transportation of injured workers, whether or not the amount is fair and reasonable.” A Government Accountability Office study released in 2017 found that air ambulance companies doubled their transport fees over a five-year period, charging a median fee of $30,000 for a helicopter air ambulance transport.
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