Here is a well-done news report from South Dakota Public Broadcasting with an excellent framing of essential service designation and patient protection initiatives by Brian Hambek of the South Dakota Ambulance Association.
Interestingly, of the states that have passed statutes designating EMS as an ‘essential service”, only 9 (HI, NC, PA, SC, TN, UT and WV) actually include provisions that require EMS to be funded by local jurisdictions.
Of note in the article, during their testimony opposing patient protection from balance billing legislation, Wellmark Blue Cross Blue Shield made the ‘claim’ that health insurance premiums would increase. However, when asked if they have specific data or an estimate of how much a bill like SB 211 would raise insurance premiums or increase costs for the insured population, Wellmark did not respond.
As EMS stakeholders advocate for essential service designation, the legislation should specifically require that communities assure funding the level of service they desire. Similarly, when insurers claim that premiums will rise, challenge them to a) prove what % of their healthcare expenditures are attributed to EMS, and b) ask them to prove how much premiums will increase if they paid a fair reimbursement for EMS.
Click here for PWW|AG’s summary of state “Essential Service” laws.
Click here for PWW|AG’s summary of state patient protection from ambulance balance billing laws.
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Ambulance services remain in limbo as lawmakers prepare for EMS funding task force
SDPB | By Delainey LaHood-Burns
June 15, 2026
https://www.sdpb.org/healthcare/2026-06-15/ambulance-services-remain-in-limbo-as-lawmakers-prepare-for-ems-funding-task-force
The Emergency Medical Services Funding Task Force is scheduled to meet for the first time in Pierre on Wednesday.
The task force is studying funding models for emergency medical services and the feasibility of making EMS an essential service in South Dakota.
Unlike law enforcement and fire services, EMS is rarely classified as an essential service that must be provided to citizens and is often funded through governmental sources.
The task force was established through Senate Bill 89 this past legislative session. SB 89 was one of several bills introduced during the 2026 session aimed at helping emergency medical services in South Dakota.
Ambulance providers across the state, and the nation, are facing severe workforce and funding issues. Those challenges have forced organizations to shut their doors, including in rural areas like Isabel and Dupree. More urban services have also been impacted, with the Rapid City Fire Department considering ending ambulance coverage to some surrounding areas in 2027 unless funding agreements are reached.
According to Brian Hambek, executive director of the Spearfish Emergency Ambulance Service and president of the South Dakota Ambulance Association, at the center of the EMS funding issue is inadequate insurance reimbursement rates.
For example, Medicare only pays about 55 percent of the cost for a single ambulance run, and Medicare-aged patients make up the majority of calls that Spearfish Emergency Ambulance takes.
“Financing is like a puzzle for EMS,” said Hambek. “You’ve got one section of that puzzle that’s Medicare, another piece that’s Medicaid, another piece is private insurance. And VA and self pays and that type of thing. And it all has to come together to create that picture and how we can operate within that puzzle.”
An aging workforce and decline in new volunteers is also pushing many ambulance services to the verge of shutting down, particularly in rural communities.
The Emergency Medical Services Funding Task Force will hold up to five meetings during the 2026 interim. Its scope includes:
- Examining mechanisms to fund counties and municipalities for the provision of emergency medical services as an essential service.
- Examining policies for ambulance service payments, including reimbursement standards for out-of-network emergency medical services.
- Seeking input from relevant stakeholders on the provision of emergency medical services as an essential service.
- Providing a report with findings and recommendations for legislative proposals to the executive board no later than Nov. 1, 2026.
The task force will also evaluate using Rural Health Transformation Program funds to support emergency medical services.
Funding Task Force Background: A growing focus on the EMS crisis
In recent years, there’s been growing concern in Pierre over the hardships ambulance services are experiencing. During the 2025 legislative session, state representative Eric Emery, a paramedic and program director for the Rosebud Sioux Tribe Ambulance Service, introduced a bill to designate emergency medical services as essential.
The bill required that local governments provide emergency medical services within their jurisdictions, and established an EMS state fund. It ended up failing, but lawmakers passed a resolution supporting efforts to make EMS an essential public service and a 2025 legislative summer study was created.
That interim committee led to more EMS bills being introduced during the 2026 legislative session. In total, legislators considered four bills this year aimed at improving ambulance services in South Dakota: SB 89, SB 211, HB 1023 and HB 1024.
Senate Bill 89: Another attempt at making EMS essential
Senate Bill 89 was introduced by Senator Tim Reed, who co-chaired the 2025 EMS summer study. Originally, the bill worked to make EMS essential by requiring that counties and municipalities provide emergency medical services within their jurisdictions. Additionally, it created the 2026 Emergency Medical Services Funding Task Force.
However, the bill was amended to just encompass creating the funding task force. This is because legislators wanted to better evaluate how to support cities and counties in funding EMS, before mandating that they provide those services.
Hambek said the push in Pierre this year to make property taxes more affordable also played into the decision to gut the bill.
“With the decrease in property taxes going on this year through the legislature, they didn’t want to have to add that on as another taxing regulation for the citizens,” said Hambek. “And I understand that. I get it. But we’ve still got to make that picture fit. We’ve got to make that picture complete. And that’s where Senate Bill 211 would come into play to help paint that picture even better.”
Senate Bill 211: Protecting consumers from surprise ambulance bills
SB 211 aimed at improving private insurance reimbursement rates to ambulance services, while also protecting consumers from surprise medical bills for out-of-network care. The bill failed on the Senate floor this year, but similar policy is likely to be considered in the upcoming task force.
SB 211 required private health benefit plans to reimburse ambulance providers for out-of-network calls at a specified rate. It also prohibited ambulance services from sending patients the portion of the bill that insurers refuse to cover due to being out of network, a practice called balance billing. Balance billing for most emergency services is banned federally by the No Surprises Act, with the exception of ground ambulance services.
As a result, 22 states have now passed laws protecting patients from surprise ambulance bills through legislation like SB 211.
“It’s a patient protection act,” said Hambek. “It means if insurance is going to pay what it costs us to do that call, then we would have no reason to balance bill a patient for anything over. And that protects them. It protects our patients from getting these surprise bills in the mail. So, it’s a win-win on both sides.”
Opponents to SB 211 argued it would raise insurance premiums, as well as remove incentives for in-network participation. For example, they argued in-network providers may go out of network to get higher mandated reimbursement rates.
In response to the argument that SB 211 would raise premium costs, Hambek countered that premiums are rising either way.
“I’ve got private health insurance coverage and they raise my premiums every year. Last year in 2025, they raised them $300 a month. A month. How do people afford this?” said Hambek. “They’re going to raise premiums anyhow. And here’s another side to this. They’ve done the research on this. What private insurance pays, the amount they pay to EMS nationwide is less than 0.2 percent. That’s nothing. That’s a drop in the bucket. Yet they’re fighting tooth and nail to pay us what it costs.”
Wellmark Blue Cross Blue Shield was one of the opponents of SB 211. Wellmark declined to interview for this story, but said in a statement to SDPB that the approach of Senate Bill 211 “raised concerns about how it could affect costs for South Dakotans over time. The bill would have required health plans to pay 275 percent of the Medicare rate for ground ambulance services, without limits on total charges, a dispute resolution process or incentives for providers to participate in insurance networks.”
When asked if they have specific data or an estimate of how much a bill like SB 211 would raise insurance premiums or increase costs for the insured population, Wellmark did not respond.
Hambek said he hopes a similar bill to SB 211 will be introduced in the future, perhaps one that goes further in improving insurance reimbursement rates to ambulances.
“They realize that these insurance companies are not paying their fair share of this,” said Hambek. “But the way that bill was written, one of the lawmakers that helped defeat it is very much an EMS advocate, and she says, ‘Is this bill enough?’ Which means that they’re looking at bigger changes.”
HB 1023 and 1024: Clarifying state statue to help with workforce shortages
Lawmakers successfully passed two EMS bills during the 2026 legislative session to address ambulance staffing shortages. HB 1023 clarifies that registered and licensed practical nurses can serve on ambulance crews. HB 1024 makes it easier for ambulances to recruit and retain ambulance operators.
Both bills came from the 2025 EMS Interim Committee. Hambek said the bills mainly clear up language from when EMS personnel licensing transferred under the Board of Medical and Osteopathic Examiners.
Looking ahead at the funding task force
With no state law requiring EMS be provided as an essential service in South Dakota, there is no safety net for citizens if an ambulance service shuts down.
Hambek believes lawmakers understand that EMS is at a breaking point. He hopes the funding task force comes up with solutions to keep ambulance services open across the state.
“With the essential service, it requires that the cities or counties have a dedicated ambulance service for their communities, for their residents,” said Hambek. “And I asked the legislators, think about this. How many garbage truck drivers or snowplow drivers or police officers are volunteers? Yet, the county has to supply those services. Why should EMS be any less?”