Butte County Municipal Code Art. IV Issuance of Ambulance Service Provider Agreements

(a) Any person desiring a new or renewal ambulance service Provider Agreement shall file an application with the LEMSA. Each application shall be accompanied by a reasonable application fee covering any administrative costs related to processing, inspection and investigation.

(b) Any person holding a valid ambulance service Provider Agreement issued pursuant to this chapter, other than a temporary ambulance service Provider Agreement, may renew said ambulance service Provider Agreement by filing an application with the LEMSA not later than ninety (90) days prior to, nor earlier than one hundred and twenty (120) days prior to, the expiration of the existing ambulance service Provider Agreement. If a renewal application is not timely filed, the ambulance service Provider Agreement shall automatically terminate on the expiration date of the existing Provider Agreement, and the former ambulance service Provider must thereafter file for a new ambulance service Provider Agreement if he/she desires to do so.

(c) The LEMSA shall immediately forward to the Health Director a copy of each new and renewal Provider Agreement application.

(d) Applications shall be made on such forms as may be prescribed by the LEMSA, must conform to all Provider requirements set forth in the LEMSA's Provider policies, and shall meet the requirements in the LEMSA ambulance application packet.

(Ord. No. 4057, § 1, 5-21-13)

The LEMSA shall review all applications for Provider Agreements and make such investigation of the applicant and the vehicles, equipment and employees to be used by the applicant, as it deems necessary and appropriate. The LEMSA shall process the application in a manner consistent with the applicable competitive procurement procedure. Upon the basis of the application, evidence submitted and results of any investigations and audits, the LEMSA shall make a finding on the qualifications of the applicant under this chapter, the EMS Agency Policies and Procedures Manual, and any applicable State and Federal laws and regulations, and whether additional services or equipment should be provided, and shall consider whether the findings required by Section 45-41.1 can be made. On the basis of its findings, the LEMSA shall determine whether to approve air ambulance and non-911 ground ambulance Provider Agreements, and, as to 911 ambulance Providers which will provide service in an EOA. The LEMSA Board shall, on the basis of the findings and recommendations of the LEMSA Executive Director, and its own findings pursuant to this section, Section 45-41.1, and the requirements of the competitive procurement process, determine whether or not to issue any EOA Agreement.

(Ord. No. 4057, § 1, 5-21-13)

The LEMSA shall not approve air ambulance and non-911 ground ambulance Provider Agreements, and shall not recommend 911 ambulance Provider Agreements, unless all of the following findings are made:

(a) That the LEMSA has considered the impact the service will have on the existing system in regards to emergency medical care, cost of services, and any other issues relative to the integrity of the existing system.

(b) That the applicant or its responsible managing employee is adequately trained and experienced in the field of ambulance services.

(c) That each ambulance will be staffed by at least two (2) persons, one (1) of whom is an Attendant and the other a Driver.

(d) That neither the applicant nor any co-partner or managing employee thereof is registered as a sex offender under the provisions of Penal Code Section 290.

(e) That the applicant or any co-partner or managing employee thereof affirms that he neither habitually nor excessively uses, used, nor is addicted to the use of narcotics or dangerous drugs nor has been convicted of any offense relating to the use, sale, possession or transportation of narcotics, mood or mind altering or habit forming drugs.

(f) That the applicant or any co-partner or managing employee thereof affirms that he is not a habitual user of intoxicating beverages to excess.

(g) The applicant or any co-partner or managing employee thereof within the three (3) year period immediately preceding the application has not been under suspension, revocation, or probation by the Department of Motor Vehicles for cause involving the safe operation of a motor vehicle and has not been convicted of any of the following offenses:

(1) Failure to stop and render aid in an accident involving injury or death;

(2) Driving while intoxicated;

(3) Reckless driving.

(h) That the applicant or any co-partner or managing employee thereof has not been convicted of any offense punishable as a felony in the State of California and has not been convicted of the crime of theft of either degree within the ten (10) year period immediately preceding the application.

(i) The applicant or any co-partner or managing employee thereof does not have any undisclosed financial interest in more than one (1) ambulance company operating within Butte County.

(j) That each ambulance owned or operated by the applicant has been certified by the California Highway Patrol as in compliance with the regulations pertaining to ambulances and complies with the provisions of the EMRO.

(k) That the Local EMS Agency has certified the applicant's compliance with all applicable regulations, standards, and requirements.

(l) That the applicant has signed the statement of intended compliance with the regulations set forth in Article V.

(Ord. No. 4057, § 1, 5-21-13)

No approval by any local governmental entity may be given to any application for a business license or any other license or permit to operate an ambulance or medical transport service unless a Provider Agreement as required by the EMRO has been approved by the LEMSA.

(Ord. No. 4057, § 1, 5-21-13)

An application for renewal of any Provider Agreement shall be processed by the LEMSA in the same manner as an original application for a Provider Agreement and denial shall be subject to the same procedures as denial of an original application.

(Ord. No. 4057, § 1, 5-21-13)

In the event of a denial of a non-911 Provider Agreement application by the LEMSA, the appeal procedure set forth by LEMSA policy and procedure shall be followed and utilized.

(Ord. No. 4057, § 1, 5-21-13)

Each ambulance service provider shall obtain and keep in force, at its own expense, during the term of its Provider Agreement and EOA Agreement, if applicable, insurance coverage, in amounts not less than those set forth in LEMSA application requirements or in the case of an EOA, the contract negotiated between LEMSA and the provider.

(a) The Provider Agreement and/or EOA Agreement shall be deemed automatically suspended during any period when such insurance is not in full force and effect.

(b) Said insurance shall contain coverage expressly recognizing the indemnification obligations assumed by the ambulance services or applicant in accordance with the EMRO, but shall not be construed to limit in any manner the amount of an ambulance service provider's liability thereunder.

(c) Said insurance coverages described above shall expressly name the County of Butte, its Board of Supervisors, agents, officers and employees as additional insureds.

(d) Said insurance shall not be subject to cancellation, reduction or material alteration without sixty (60) days prior written notice to the LEMSA. Any reduction or material alterations in insurance coverage or change in carriers will be reported by the LEMSA to the Health Director.

(e) Each ambulance placed in operation by the service shall be included within the scope of the required insurance coverage and limits.

(f) Upon receipt of any notice of cancellation or nonrenewal of an insurance policy, the LEMSA may immediately order the ambulance service Provider to cease service in Butte County and to surrender and terminate any Provider Agreement or EOA Agreement issued pursuant to the EMRO. Nothing contained herein prohibits the Provider from appealing the action of the LEMSA Executive Director in the manner specified in section 45-52(b).

(Ord. No. 4057, § 1, 5-21-13)

(a) Each non-EOA Provider Agreement shall expire two (2) years from its effective date and must be renewed prior to expiration.

(b) EOA Agreements shall be issued for each Exclusive Operating Area for 911 ground ambulance service therein. Each Provider shall be required to adhere to each EOA(s) requirements as outlined in the applicable EOA Agreement and Provider Agreement.

(c) Any EOA Agreement and any Provider Agreement issued pursuant to the EMRO shall be available for review in the principal place of business of the Provider and shall not be altered or defaced in any way. If any official entry on any such Agreement is defaced, removed, obliterated, or altered in any way, the Agreement may be subject to suspension under Article V.

(Ord. No. 4057, § 1, 5-21-13)

Notwithstanding any provisions in this chapter to the contrary, if the LEMSA finds that the need for service to an EOA or portion thereof, or to specific customers, justifies action before a complete investigation and final determination can be made pursuant to this chapter, the LEMSA may issue a temporary Provider Agreement, which shall be valid only for a stated period, not to exceed six (6) months, on such conditions as the LEMSA deems appropriate.

(Ord. No. 4057, § 1, 5-21-13)

If ambulance service is disrupted or ended for any of the reasons set out in Section 45-32 or additional ambulance service is needed to prevent endangerment to the public health and safety, the LEMSA may issue a temporary Provider Agreement so that service is provided in any EOA or other service area or service is increased to two (2) or more ambulance service Providers in any EOA or other service area on a joint or rotating basis. Such emergency issuance of a temporary Provider Agreement shall be effective for a period not to exceed thirty (30) days

(Ord. No. 4057, § 1, 5-21-13)

(a) No ambulance service Provider Agreement shall be transferred by sale, assignment, change of ownership, corporate reorganization, merger, or otherwise, without the consent of the LEMSA. Applicants for such transfers shall first file an application with the LEMSA including such information and documentation required by the LEMSA.

(b) The LEMSA shall investigate the proposed transfer and shall file a report and recommendation with the LEMSA Board regarding consent to the proposed transfer. The Board shall thereafter hold a hearing on the proposed transfer as provided in this chapter.

(c) For purposes of this section, "transfer" shall not include changes of ownership not substantially effecting a change of control of an ambulance company.

(Ord. No. 4057, § 1, 5-21-13)