Loading...
HomeMy Public PortalAbout013-2011 - General Ordinance - amending Chapte (2)ORDINANCE NO. 13-2011 A GENERAL ORDINANCE AMENDING RICHMOND CITY CODE CHAPTER 80 (RICHMOND FIRE DEPARTMENT RESPONSES TO MEDICAL CALLS) WHEREAS, On March 16, 2009, the Common Council of the City of Richmond passed Ordinance Number 75-2008, which Ordinance created Chapter 80 of the Richmond City Code in order that the Richmond Fire Department may recoup the costs of services provided and the costs of supplies expended during motor - vehicle and/or medical response services provided by the Richmond Fire Department; and WHEREAS, The Richmond Fire Department wishes to continue providing the various emergency, hazardous, and/or medical responses in accordance with Indiana Code, Richmond City Code, and any associated industry standards; and WHEREAS, The Richmond Fire Department service run activity to medical responses continues to increase each year, and new home security regulations such as biological training and equipment, etc., will continue to create increased demands on all operational areas of the Richmond Fire Department; and WHEREAS, The Richmond Fire Department has continued to investigate different methods to maintain a high level of quality of Fire Department medical services through the times of constantly increasing service demands; and WHEREAS, Raising the real property taxes to meet the increase in medical service demands would not be fair to property owners, when a number of the medical responses involve individuals who may not necessarily own property or pay property taxes in the City of Richmond or the jurisdiction of the Richmond Fire Department and, as such, the ability of the Richmond Fire Department to effectively respond continues to affect the fiscal accounts of the City; and WHEREAS, The Common Council of the City of Richmond desires to implement a fair and equitable procedure by which to collect said fees for medical responses in accordance with state and federal laws, regulations, and guidelines and in order to achieve said goal the previous fee schedule as set forth in Chapter 80 of the Richmond City Code should be amended to be in accordance with current medical -insurance industry standards, updated frequently by that industry; and WHEREAS, The continual review of the establishment of fees as set forth by current medical - insurance industry standards is in the best interest of the City of Richmond and its residents. Page 1 of 8 NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA that the rate of the user fees should be that which is usual, customary, and reasonable as the costs for the medical response services provided by the Richmond Fire Department, which fees may fluctuate according to medical -insurance industry standards and which fees, as of the effective date of this ordinance, shall be in effect and initiated as user fees for the delivery of medical response services by the Richmond Fire Department as medical responders. NOW, THEREFORE, BE IT ALSO ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, that the user fees shall be filed with the appropriate insurance company representing a cost of the claim for services and the claim costs shall be filed to the insurance company of the responsible parties and the insurance company and/or its insured are responsible for this billing per this ordinance. NOW, THEREFORE, BE IT ALSO ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA that Chapter 80 of the Richmond City Code be amended as follows: SECTION 80.01 PURPOSE TITLE VIII EMERGENCY RESPONSES CHAPTER 80: RICHMOND FIRE DEPARTMENT RESPONSES TO MEDICAL CALLS GENERAL PROVISIONS Purpose Authority Applicability Definitions Responsibility for Administration Compatibility with Other Chapter Requirements Ambulance Response Fees Billing Procedures Disposition of Funds Annual Review of Fees and Procedures Unconstitutionality Clause Effective Date The Common Council of the City of Richmond, after careful investigation and consideration, finds that certain fees and cost recovery procedures must be utilized to assist the City of Richmond, through its Fire Department, to recover the cost of expenses for supplies and recover the cost of services incurred by the Richmond Fire Department when the department responds to Page 2 of 8 or provides medical ambulance services, which services contribute to and are necessary to the public health, safety, and welfare of the people of the City of Richmond. 80.02 AUTHORITY This Chapter is adopted under the authority granted by Indiana Code 16-31-5 and all acts supplemental and amendatory thereto. This authority provides that a municipality that maintains emergency medical services may establish and provide for the collection of reasonable fees for any emergency ambulance services the municipality provides. 80.03 APPLICABILITY This Chapter shall apply to all persons or organizations who receive services from ambulance responders of the City of Richmond Fire Department, and shall apply to any Responsible Party as defined by this Chapter. 80.04 DEFINITIONS For the purposes of this Chapter the following definitions shall apply. Any term in this Chapter not defined below shall take on its common or dictionary meaning. (a) Advanced Life Support ("ALS") is defined as care that is given: (1) at the scene of (A) an accident; (B) an act of terrorism, if the governor has declared a disaster emergency in response to the act of terrorism; or (C) an illness; (2) during transport; or (3) at a hospital; by a paramedic or an emergency medical technician -intermediate during an emergency ambulance response by the Richmond Fire Department and that is more advanced than the care usually provided by an emergency medical technician or an emergency medical technician -basic advanced. The term may include any of the following: (1) Defibrillation. (2) Endotracheal intubation. (3) Parenteral injections of appropriate medications (4) Electrocardiogram interpretation. The above definition of Advanced Life Support "ALS" is based on the definition of "Advanced Life Support" under Indiana Code 16-18-2-7. For the purposes of this Chapter and Ordinance, the terms "ALS-l" and "ALS-2" as those terms are used in Section 80.07 (Ambulance Response Fees), are terms of art used on a case -by -case basis by the medical industry and/or medical insurance industry that refer to the specific medication protocols and/or specific medical procedure protocols required by the local medical control officer, which protocols are subsequently reported to an attending physician and/or reported to an insurance Page 3 of 8 provider in order that the appropriate fees can be charged for the medication and/or services used by the medical responder. (b) Ambulance is defined as a conveyance on: (1) land; (2) water; or (3) air; that is used or is intended to be used for the purpose of responding to emergency life -threatening situations and providing emergency transportation service. (c) Basic Life Support ("BLS") is defined as the following: (1) Assessment of emergency patients. (2) Administration of oxygen. (3) Use of mechanical breathing devices. (4) Application of anti -shock trousers. (5) Performance of cardiopulmonary resuscitation. (6) Application of dressings and bandage materials. (7) Application of splinting and immobilization devices. (8) Use of lifting and moving devices to ensure safe transport. (9) Administration by an emergency medical technician or emergency medical technician -basic advanced of epinephrine through an auto -injector. (10) For an emergency medical technician -basic advanced, the following: (A) Electrocardiogram interpretation. (B) Manual external defibrillation. (C) Intravenous fluid therapy. (11) Other procedures authorized by the Indiana emergency medical services commission, including procedures contained in the revised national emergency medical technician basic training curriculum guide. Except as provided by: subsection (a)(9) and the training and certification standards established under IC 16-31-2-9(3); subsection (a)(10)(C); and the training standards established under IC 16-31-2-9(4); the term does not include invasive medical care techniques or advanced life support. (d) Emergency Medical Technician ("EMT") is defined as follows: (1) An individual who is certified under Indiana Code 16-31 to provide basic life support at the scene of an accident, illness, or during transport; or (2) An individual who is certified under Indiana Code 16-31 who can perform at least one (1) of but not all the procedures of a paramedic and who: (1) has completed a prescribed course in advanced life support; (2) has been certified by the Indiana emergency medical services commission; (3) is associated with a single supervising hospital; and (4) is affiliated with a provider organization. Page 4 of 8 (e) First Responder is defined as an individual who is: (1) certified under IC 16-31 and who meets the Indiana emergency medical services commission's standards for first responder certification; and (2) the first individual to respond to an incident requiring emergency medical services. (f) Non-resident is defined as a person whose primary residence at the time of the service or response is outside the corporate boundaries of the City of Richmond, Indiana. (g) Non -transport patient is defined as a patient with a minor medical condition who does not require transportation to a hospital or who, because of the non -severity of his or her medical condition, refuses transportation to a hospital. The final determination of the severity or non -severity of the medical condition is within the discretion of the treating officer. (h) Paramedic for purposes of this Chapter is defined as an individual who is: (1) affiliated with a certified paramedic organization; (2) employed by a sponsoring hospital approved by the commission; or (3) employed by a supervising hospital with a contract for inservice education with a sponsoring hospital approved by the commission; and who has completed a prescribed course in advanced life support and has been certified by the Indiana emergency medical services commission. (i) Patient run occurrence is defined as a response to a medical emergency call by a Fire Department ambulance or emergency response vehicle and the administration of basic or advanced life support skills upon, or medication given, to a patient. 0) Resident is defined as a person whose primary residence at the time of the service or response is within the corporate boundaries of the City of Richmond. (k) Response or respond is defined as the deployment or mobilization of the Richmond Fire Department ambulance to emergency medical calls, or any calls of an emergency nature directed to the Richmond Fire Department, to the scene of the accident, illness, event, or occurrence in which medical injuries may have occurred. (1) Responsible Party is defined as: (1) the person being treated or attended to during a medical response by the Richmond Fire Department ambulance and personnel; or (2) the liable insurance company or medical insurance provider of the person who was treated or attended to during a medical response by the Richmond Fire Department ambulance and personnel; or (3) the individual directly or indirectly responsible for a person being treated or attended to during a medical response by the Richmond Fire Department ambulance and personnel; or Page 5 of 8 (4) the insurance company or medical insurance provider for the individual directly or indirectly responsible for a person being treated or attended to during a medical response by the Richmond Fire Department ambulance and personnel; or (5) The legal representative of a deceased party or the legal guardian of an incapacitated or minor party, which deceased party, incapacitated party, or minor party was treated or attended to during a medical response by the Richmond Fire Department ambulance and personnel. (m) Service is defined as any necessary action conducted by the Richmond Fire Department during an ambulance medical response including, but not limited to, medical treatment, medical services, basic life support, advanced life support, dispensing of medication, patient handling, transportation, equipment operation and utilization, and any and all other services required to provide the assistance necessary for the medical injury response. (n) Transport patient is defined as a patient who, because of the severity of his or her medical condition, requires transportation to a hospital. The final determination of the severity or non -severity of the medical condition is within the discretion of the treating officer. 80.05 RESPONSIBILITY FOR ADMINISTRATION The City of Richmond shall administer, implement, and enforce the provisions of this Chapter by and through the Richmond Fire Department. Any powers granted or duties imposed upon the City of Richmond in this Chapter may be delegated in writing by the City of Richmond to persons or entities acting in the beneficial interest of or in the employ of the Richmond Fire Department. 80.06 COMPATIBILITY WITH OTHER CHAPTER REQUIREMENTS This Chapter is not intended to interfere with, abrogate, or annul any other Chapter, rule, regulation, statute, or other provision of the law. The requirements of this Chapter should be considered minimum requirements, and where any provision of this Chapter imposes restrictions different from those imposed by any other Chapter, rule, regulation, or other provision of law, the more restrictive provisions or those provisions that impose higher protective standards for human health or the environment, shall be considered to take precedence. 80.07 AMBULANCE RESPONSE FEES The fees for ambulance response services shall be in accordance with the medical -insurance industry standards which may fluctuate from time to time and shall not exceed that which is usual, customary, and reasonable for costs of the services rendered. Response: Basic Life Support (BLS) Advanced Life Support (ALS-1) Fees: Five Hundred Dollars ($500) Six Hundred Dollars ($600) Page 6 of 8 Advanced Life Support (ALS-2) Fees Per Loaded Mile 80.08 BILLING PROCEDURES Seven Hundred Dollars ($700) Twelve Dollars ($12) The fees set forth in this Chapter will be charged to and billed to responsible parties within thirty (30) days of the rendering of services. In the event a responsible party or user provides proof of duplicate billing from a private emergency responder company dispatched to the same accident or incident, the portions of the invoice sent by the Richmond Fire Department representing the duplicate services shall be retracted. Charges will be due and payable sixty (60) days after the date services are rendered. Unpaid charges are subject to collection action by the City. 80.09 DISPOSITION OF FUNDS The Richmond Fire Department is responsible for the billing and collection of aforesaid fees. All fees collected (other than fees for hazardous materials billed and collected pursuant to Indiana Code 36-8-12.2) will be allocated to the Special Revenue Fund 205 for the Richmond Fire Department. 80.10 REVIEW OF FEES AND PROCEDURES In order to remain in compliance with the authority granted by Indiana Code 16-31-5 as set forth in Section 80.02 above, the fees set forth by the medical insurance industry standards as compared with the fees actually imposed by this Chapter and Ordinance will be reviewed no less than annually by the Chief of the Richmond Fire Department. In the event the Chief determines there is a need to update the fees set forth in this Chapter and Ordinance, the Chief shall report his findings to the Common Council of the City of Richmond in order for Common Council to determine if adjustments should be made to assure that charges remain reasonable in relation to the cost of providing the services set out herein. It shall be the obligation of the Richmond Fire Department to provide the Common Council with data sufficient to support the amount of the charges. 80.11 UNCONSTITUTIONALITY CLAUSE Should any section, paragraph, sentence, clause or phrase of this Chapter be properly declared unconstitutional or invalid for any reason, the remainder of said Chapter shall not be affected thereby. Page 7 of 8 80.12 EFFECTIVE DATE This ordinance shall be in full force and take effect upon its passage. (Ordinance No. 75-2008) Ordinance No. 13-2011) Passed this 16th day of _May , 2011. S/S Diana Pappin Diana Pappin, President Common Council of The City of Richmond ATTEST: _S/S Karen Chasteen City Clerk (Karen Chasteen) Presented by me to the Mayor of the City of Richmond, Indiana, this _17th _ day of _May , 2011, at 9:00 a.m. _S/S Karen Chasteen City Clerk (Karen Chasteen) Signed and Approved by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this _17th _ day of _May , 2011, at 9:05 a.m. S/S Sarah L. Hutton Mayor (Sarah L. Hutton) ATTEST: _S/S Karen Chasteen City Clerk (Karen Chasteen) Page 8 of 8