Federal Preemption of State Regulation Over Air Ambulances

References 

1. Hiawatha Aviation of Rochester, Inc. v. Minnesota Department of Health, 389 N.W.2nd, 507 (Minn. 1986).
2. 1987 Ariz. Op. Atty. Gen. 261, Op. Atty. Gen. i87–164 (December 28, 1987).
3. Rocky Mountain Holdings v. Ronald W. Cates, Director, Mo. Dept. of Health, No. 97-4165-CV-C-9 (W.D. Mo. Central Div. 1997).
4. 49 U.S.C. § 40101 et seq.
5. 49 U.S.C. § 41713.
6. See id. at § 41713(b).
7. U.S. Constitution, Article VI, Cl. 2.
8. Morales v. Trans World Airlines, Inc., 504 US 374 (1992).
9. Memorandum from Donald Jansky, Assistant General Counsel of Texas DSHS, to Air Medical Committee of GTAC dated Nov. 17, 2006.
10. Letter dated Feb. 20, 2007 from James R. Dann, Deputy Assistant General Counsel of Department of Transportation to Donald Jansky, Office of General Counsel of Texas Department of State Health Services.
11. Eagle Air Med Corporation; and Scenic Aviation, Inc., v. Colorado Board Of Health, Civil Action No. 08-cv-00532-LTB-KLM (United States District Court, D. Colorado). On July 31, 2008, the court issued a procedural ruling holding that it would decline to consider the merits of the preemption claim until a concurrent investigation by the State of Colorado that been completed. In doing so, the court opined that it was not “facially conclusive” that preemption applied, but made it clear that the issue remained open for later determination. (2008 WL 3271975 (D. Colo.).
12. Letter dated May 23, 2007, from James R. Dann, a Deputy Assistant General Counsel of Department of Transportation to Donald Jansky, Office of General Counsel of Texas Department of State Health Services.
13. Letter dated October 10, 2007, from D.J. Gribbin, General Counsel, Department of Transportation, to Michael Grief, Assistant General Counsel, Florida Department of Health.
14. Tennessee Comp. R. & Regs. 1200-12-1-.05(2)(c).
15. Air Evac EMS v. Kenneth S. Robinson, Commissioner of Health, Case No. 3:06-0239, U.S. District Court, M. D. of Tenn.
16. Statement of Interest of United States of America filed Nov. 29, 2006, Air Evac EMS v. Kenneth S. Robinson, Commissioner of Health, Case No. 3:06-0239, U.S. District Court, M. D. of Tenn.
17. Case No. 5:07-CV-222-FL (Dist N.C. Sept 26, 2006).
18. Texas Administrative Code, Title 25, Section 157.11(1); see also Texas Health and Safety Code Section 773.041(a), which authorizes the regulation.