WRITTEN TESTIMONY
of
Edward R. Boyer, P.E.
Regarding H.R. 1084
Volunteer Pilot Organization
Protection Act of 2003
(
INTRODUCTION:
Thank you very much for the opportunity to present this information regarding the need for and impact of H.R. 1084, the Volunteer Pilot Organization Protection Act of 2003.
Last year public benefit flying non-profit volunteer
pilot organizations pro-vided long-distance, no-cost transportation for over
40,000 patients and their escorts in times of special need. This year that figure will likely grow to
approximately 54,000 people. H.R. 1084
is essential to allow this unique and grass-roots form of volunteerism to
achieve even greater growth on into the future.
Volunteer pilot organizations and the volunteer pilots
themselves are involved in many different activities in what is called public
benefit aviation. This activity can
range from environmental observation flights to com-passionate transport of a
son to the distant bedside of his dying mother or to the operation of the very
large and sophisticated charitable medical air trans-portation system in the
Note 1. Post 911 activities saw significant
quantities of blood and blood products transported by volunteer pilots. To streamline and pre-plan the process for
future small or large-scale emergency transport needs, Angel Flight America
(the largest volunteer pilot organization in the country) and the American
Association of Blood Banks Interorganizational Task Force on Domestic Disasters
and Acts of Terrorism have a written Memorandum of Understanding (MOU)
detailing how Angel Flight America volunteer pilots will provide blood
transportation nationwide in future emergencies.
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Public benefit aviation has become so important in our society that the National Aeronautic Association instituted a series of Public Benefit Flying Awards in 2003. They annually present awards to volunteer pilots and volunteer pilot organizations along side their more famous awards including the Robert J. Collier Trophy and the Wright Brothers Memorial Trophy. Because they understand the critical role of volunteer pilot organizations the National Aeronautic Association recently wrote the Congress encouraging the passage of H.R. 1084.
WHAT IS THE CHARITABLE MEDICAL AIR TRANSPORTATION SYSTEM IN THE UNITED STATES?
What today is a rather large sophisticated system of
cooperating volunteer pilot organizations had its beginnings in the early 1970s
with a couple of small and very “grass-roots” groups of pilots helping
neighbors and friends travel to and from distant medical care. Unknown to each other, one group started in
The mission and purpose of public benefit non-profit
volunteer pilot organi-zations involved in patient transport is to ensure that
no needy patient is denied access to distant specialized medical evaluation,
diagnosis or treat-ment for lack of a means of long-distance medical air transportation. The goal is to see geographic distance and/or
family financial resources removed as factors denying access to specialized
medical care – for all Americans.
The scope of long-distance patient travel in the
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hope for patients and families –
but only if transportation is available.
Specialized care or even access to a promising new clinical trial that
is three states away can mean nothing to a patient and family that has no means for the long-distance travel – often required
multiple times during the course of a clinical trial or treatment. Volunteer pilot organizations are multiplying
on a scale that is targeted to meet this need.
This is a true demonstration of what is best about
Simply put, patients or patient family members – or
members of the medical community – may call and tap into and seek help with
no-cost, long-distance medical air travel for ambulatory outpatients. This travel is almost always needed to go to
pre-planned medical appointments with disease specialists and/or to specialized
medical facilities. Even if the medical
care itself is free or covered by insurance, the matter of travel is up to the
patient family and is most often not covered by insurance. If a family cannot afford the travel – they
are effectively denied access to what is often life-saving or quality of life
improving specialized treatment. Such treatment
often takes months of time and many round-trips for the patient and patient
escort. Even “
Patients and patient families learn about the availability of no-cost transpor-tation through disease organization newsletters and web sites, from physi-cians offices, from medical centers around America and, indeed, from constituent service staff in Congressional offices. A phone call to one of these volunteer pilot organizations, such as the National Patient Air Trans-port HELPLINE or to an Angel Flight office, can start the process for a patient. The volunteer pilot organizations most often have a small paid staff who, in cooperation with the patient’s doctor, screen the patients for both medical and financial need and then serve as mission coordinators – match-ing the patient and patient/escort needing transportation with a willing FAA qualified volunteer pilot who is able to provide the help for the mission at hand. Flights only out to about 1,000 miles are accepted for small aircraft travel as most volunteer pilots are operating 4 to 6 place small aircraft with
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the obvious limitations of range. Flights in excess of 400 miles usually involve the pre-planned linking of two or three different planes/pilots to complete the trip.
The volunteer pilots themselves pay all the costs for owning (or renting) and operating their own aircraft including fuel, maintenance and landing fees. The pilots are not paid or reimbursed for any of these expenses. Pilots are not limited to flying for only one volunteer pilot organization. Indeed, many do fly for two or more such organizations.
HOW MANY ORGANIZATIONS AND HOW MANY VOLUNTEER PILOTS?
There are upwards of 60 volunteer pilot organizations
flying for public benefit – but only perhaps 30 of them are separate entities
and part of the national charitable medical air transportation system. The largest of the regional organizations
function together in Angel Flight
These 30 non-profit organizations together likely have about 8,000 volunteer pilots. Some pilots only fly one or perhaps two public benefit flights per year – others may fly as many as 50 missions a year – all at their own expense. The most active and even the less active all play an important role in serving the public. The non-profit volunteer pilot organizations that organize and coordinate/facilitate the process themselves are diverse. Some operate with no paid staff at all. Some have small paid staffs to handle the larger more diverse workload they face. All these organizations have boards of directors – and all of these organizations have large numbers of non-flying volunteers who do everything from stuffing envelopes to driving patients from airports to the medical facility. All of these organizations must raise the funds they need to operate from private donations. The “organiza-
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tional health” of these volunteer pilot organizations directly affects the level of public benefit their volunteer pilots can provide.
In recent years liability issues have come to the forefront and now are dampening the effort. H.R. 1084 is designed to address these issues as they are being experienced at this time.
WHAT ARE THE LIABILITY ISSUES FACING PUBLIC BENEFIT AVIATION AND HOW CAN H.R. 1084 ASSIST?
All of the issues discussed here relate to one of two realities that have come upon the aviation community, and to a certain extent, onto us all.
First, any organization or any individual related to or involved with airplanes or aviation is perceived to have deep pockets and thus could be the target of a lawsuit.
Secondly, aviation insurance has skyrocketed up in price and certain key products are no longer reasonably available to volunteer pilot organizations. The product in question here is what is called “non-owned” aircraft liability insurance. Avemco Insurance Company, which insures a major part of the general aviation fleet of aircraft, had traditionally provided this coverage for volunteer pilot organizations – but stopped marketing same about four years ago and never expects to return to that market. Prior to 911, a volunteer pilot organization could purchase same for under $2,000 annually for coverage of $5 million. Now virtually all volunteer pilot organizations have no non-owned aircraft liability insurance.
(Note that this should not be confused with Directors and Officers insurance that is available but specifically excludes aviation liability. Many volunteer pilot organizations do carry D&O as well as general office liability insurance.)
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This “insurance reality” means that most non-profit volunteer pilot organi-zations, their boards of directors, their paid staff and their non-flying volunteer staff persons have no liability protection. Should an accident occur with a volunteer pilot using his own aircraft, the resulting lawsuit could come right on through to the organization and these people even though they have nothing to do with the operation of the flight, the pilot or the aircraft. Volunteer pilot organizations have a difficult time recruiting professional persons for board positions because of the lack of non-owned aircraft liability insurance coverage.
(Note: The pilot, his aircraft and the conduct of the flight are under the jurisdiction of the Federal Aviation Administration that administers the Federal Aviation Regulations. The volunteer pilot organization does not in any way stand between the volunteer pilot and the FAA and the volunteer pilot organization does not “dispatch” the flight as would be the case if it were a commercial aviation venture).
Insurance companies report to me that they will not underwrite non-owned aircraft liability insurance for organizations because they say there is no way to measure the extent of their exposure to loss.
H.R.1084 will provide this liability protection.
More importantly, the second result of the “insurance reality” is that refer-ring hospitals and clinics are becoming unwilling to inform their patients that charitable medical air transportation help is available for fear of a liability against them should something happen in a subsequent volunteer pilot flight. This means that hospitals, doctors, medical institutions and even disease organizations such as the American Cancer Society are unwilling to refer their patients to a volunteer pilot organization for fear of liability. This is why the Shriner Hospital System recently sent a letter to the Congress asking for passage of H.R. 1084 so they can work with volunteer pilot organizations to move their patients from hometown communities to their hospitals – all of which provide free medical care for child patients. H.R. 1084 solves the “referral agency” liability problem. (Note: There would be no practical way for thousands of “referral agencies” to purchase liability insurance for this even if it were available.)
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And, lastly, most pilots do not carry high liability insurance limits because they normally only carry their own families or close business associates in their aircraft. Opening their aircraft to needy patients and patient escorts has the effect of expanding the “window of opportunity” for a liability lawsuit
and thus H.R. 1084 provides for liability protection for the pilot only over and above the liability protection in the insurance, which he/she must carry to participate in a volunteer pilot organization program. This means that some pilots, who have the means to contribute with their time and their talent, do not fly for a volunteer pilot organization because of their fear of liability. These pilots are afraid of how their families would cope if they were involved with a crash with a patient with them – so this fear paralyzes
them from helping others.
Congressional staff is to be commended for providing the legal wording in H.R. 1084, which is an amendment to the highly regarded 1997 Volunteer Protection Act. Four different aviation law attorneys who advise and help the efforts of volunteer pilot organizations nationally have reviewed the wording and find it acceptable. I thank each of these professionals for their kind encouragement and support.
THE MATTER OF SAFETY BASED ON HISTORY
The history of volunteer pilot organizations goes back about 32 years even though a largest portion of the flying has taken place within the last 10 to 15 years.
Research into the safety record of this major volunteer effort shows that safety record is exemplary.
By way of example, Angel Flight
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I am personally aware of three fatal accidents since the 1970s involving patients while being transported with the assistance of a volunteer pilot organization. In two cases the lawsuit was dropped and one was settled out of court for a very modest amount. The fear of liability is thus far greater
than the reality of liability in history. The entire public benefit volunteer pilot world is to be commended for an outstanding and wonderful record of safety.
IN SUMMARY
With the kind help of Congressman Ed Schrock of Virginia, his able staff person Jeff Palmore and other Congressional staff resources it has been a pleasure and a learning experience to work with this legislation through its development, writing and process. I thank the House Judiciary Committee for considering this legislation. It will make the well respected 1997 Volunteer Protection Act much better, indeed – a shield and encouragement to our professionally qualified volunteers.
Respectfully submitted,
Edward R. Boyer, P.E.
President/CEO
Mercy Medical Airlift
Vice Chairman
Angel Flight