S3262-2013 Actions

• Jan 31, 2013: REFERRED TO LOCAL GOVERNMENT

S3262-2013 Memo

BILL NUMBER:S3262

TITLE OF BILL:  An act to amend the general municipal law and the town
law, in relation to authorizing fees and charges for emergency medical
services

PURPOSE OR GENERAL IDEA OF BILL: The bill would allow fire departments
to charge for emergency medical services provided. They are prohibited
from doing so at this time.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends section 209-b (4) of
the General Municipal Law to remove the prohibition of fire department
emergency medical billing. This bill also amends Section 122-b (1)(e)
of the General Municipal Law and Section 184(1) of the town law in
order to authorize contracting with fire department emergency medical
service units.

JUSTIFICATION: Paragraph 4 of section 209-b of the General Municipal
Law prohibits any ambulance service, which is run as part of a fire
department, from charging a fee for such service. Every other
emergency medical provider in the state is allowed to charge for such
service. If enacted, this bill would simply allow fire departments to
recover costs for services rendered. The ever increasing costs of
state mandates, coupled with increases in equipment and personnel
costs have led many municipality and volunteer ambulance providers to
charge for this very costly service. If the ambulance is provided
through a police department, ambulance department, volunteer ambulance
corps, or even contracted with a proprietary/for-profit service, a fee
can be charged. However if the service is rendered by a fire
department, no fee may be charge. This legislation would not require
any fee to be established, but would offer municipalities and
volunteer fire companies the opportunity to recover these ever
increasing, mandated costs.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Ninety days after it shall have become law.

S3262-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 3262                                                  A. 4113
 2013-2014 Regular Sessions
 SENATE - ASSEMBLY
 January 31, 2013
 
 IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print
 ed, and when printed to be committed to the Committee on Local Govern
 ment
 IN ASSEMBLY -- Introduced by M. of A. BRINDISI -- read once and referred
 to the Committee on Local Governments
 

AN ACT to amend the general municipal law and the town law, in  relation
 to authorizing fees and charges for emergency medical services
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  Subdivision 4 of section 209-b of  the  general  municipal
 law,  as  amended by chapter 718 of the laws of 1958, is amended to read
 as follows:

 4. Fees and charges [prohibited] AUTHORIZED.   Emergency  and  general
 ambulance  service,  INCLUDING  EMERGENCY  MEDICAL SERVICE AS DEFINED IN
 SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW, authorized pursuant
 to this section [shall] MAY be furnished  without  cost  to  the  person
 served; PROVIDED, HOWEVER, THAT THE AUTHORITIES HAVING CONTROL OF A FIRE
 DEPARTMENT  OR FIRE COMPANY THAT HAVE AUTHORIZED SUCH FIRE DEPARTMENT OR
 FIRE COMPANY TO PROVIDE SUCH SERVICE OR SERVICES MAY FIX A  SCHEDULE  OF
 FEES  OR  CHARGES  TO  BE  PAID  BY  PERSONS  REQUESTING SUCH SERVICE OR
 SERVICES. THE AUTHORITIES HAVING CONTROL OF A FIRE  DEPARTMENT  OR  FIRE
 COMPANY MAY PROVIDE FOR THE COLLECTION OF FEES AND CHARGES OR MAY FORMU
 LATE  RULES  AND  REGULATIONS  FOR  THE  COLLECTION  THEREOF BY THE FIRE
 DEPARTMENT OR FIRE COMPANY. WHEN FEES AND CHARGES ARE AUTHORIZED  PURSU
 ANT  TO  THIS  SUBDIVISION,  THE  FEES  AND  CHARGES  COLLECTED SHALL BE
 DISBURSED IN ACCORDANCE WITH A WRITTEN CONTRACT ENTERED INTO BETWEEN THE
 AUTHORITY HAVING CONTROL OF A FIRE DEPARTMENT OR FIRE  COMPANY  AND  THE
 FIRE  DEPARTMENT  OR FIRE COMPANY ITSELF.  The acceptance by any fireman
 of any personal remuneration or gratuity, directly or indirectly, from a
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02803-01-3
 
       S. 3262                             2                            A. 4113
 person served shall be a ground for his expulsion  or  suspension  as  a
 member of the fire department or fire company.
 

S  2.  Paragraph  (e) of subdivision 1 of section 122-b of the general
 municipal law, as amended by chapter 303 of the laws of 1980, is amended
 to read as follows:

 (e) [No] A contract [shall]  MAY  be  entered  into  pursuant  to  the
 provisions  of  this section for the services of an emergency rescue and
 first aid squad of a fire department or fire company which is subject to
 the provisions of section two hundred nine-b of  the  general  municipal
 law;
 

S 3. Subdivision 1 of section 184 of the town law, as amended by chap
 ter 599 of the laws of 1994, is amended to read as follows:

 1.  Whenever  the town board shall have established or extended a fire
 protection district pursuant to the provisions of this article, the town
 board shall provide for the furnishing of  fire  protection  within  the
 district  and  for that purpose may (a) contract with any city, village,
 fire district or incorporated  fire  company  maintaining  adequate  and
 suitable  apparatus and appliances for the furnishing of fire protection
 in such district or (b) may acquire by gift or purchase  such  apparatus
 and  appliances for use in such district and may contract with any city,
 village, fire district or incorporated fire company for operation, main
 tenance, and  repair  of  the  same  and  for  the  furnishing  of  fire
 protection  in such district, or both. The contract may also provide for
 the furnishing of (1) emergency service in case of accidents, calamities
 or other emergencies in connection with which the services of firefight
 ers would be required and (2) general ambulance service subject,  howev
 er,  to  the  provisions  of  section  two hundred nine-b of the general
 municipal law. In the event that the fire  department  or  fire  company
 furnishing fire protection within the district pursuant to contract does
 not  maintain  and  operate an ambulance then a separate contract may be
 made for the furnishing  within  the  district  of  emergency  ambulance
 service or general ambulance service, or both, with any city, village or
 fire district the fire department of which, or with an incorporated fire
 company  having  its  headquarters outside the district which, maintains
 and operates an ambulance subject, however, in the case of general ambu
 lance service, to the provisions of section two hundred  nine-b  of  the
 general municipal law, or with an ambulance service, certified or regis
 tered pursuant to article thirty of the public health law[, which is not
 organized  under  the  provisions  of  section two hundred nine-b of the
 general municipal law].  Any  such  contract  with  any  such  ambulance
 service  permitted  herein  shall  be  subject to the provisions of this
 section.
 

S 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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