Hemet Municipal Code Art. XIII Skilled Nursing Facilities

Footnotes:

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Editor's note— Section 1(Exh. A) of Ord. No. 1801, adopted Aug. 12, 2008, set out provisions designated as Art. XII, §§ 18-450—18-454. Inasmuch as article so numbered already exists, to avoid duplication and at the editor's discretion, these provisions have been redesignated as Art. XIII, §§ 18-450—18-454.

The purpose of this article is to allow the city to recoup 100 percent of the expenses it incurs in responding to requests for emergency service made by the employees of skilled nursing facilities in nonemergency situations, in abrogation of the employees' duty to act reasonably under the circumstances in facilitating a request for emergency services, as set forth in Health and Safety Code § 1317. Nothing in this article shall be interpreted to allow the city to recoup its expenses in responding to legitimate requests for emergency services.

(Ord. No. 1801, § 1(Exh. A), 8-12-08)

Emergency medical condition shall have the same meaning as is provided in the Health and Safety Code § 1317.1(b).

Emergency services means the appropriate and reasonable response provided by the city to a request for emergency assistance, regardless of whether an emergency exists in fact, including, but not limited to, police, firefighting, rescue, and emergency medical services.

Employee means employee, volunteer, officer or agent.

Nonemergency situation means a situation where a person exercising reasonable care would determine that an emergency medical condition does not exist.

Skilled nursing facility shall have the same meaning as in the Health and Safety Code § 1250.

(Ord. No. 1801, § 1(Exh. A), 8-12-08)

(a) The city may charge a skilled nursing facility for 100 percent of the expenses incurred by the city in responding to a request for emergency services made by an employee of the skilled nursing facility in a nonemergency situation. The head of the city department that first responds to the request for emergency services, or his or her designee, shall determine whether the request for emergency services was made in a nonemergency situation.

(b) The charge authorized in subsection (a) constitutes a debt of a skilled nursing facility so charged, and the charge is collectible by the city in the same manner as in the case of an obligation under a contract, express or implied.

(Ord. No. 1801, § 1(Exh. A), 8-12-08)

The city shall bill skilled nursing facilities for the city's emergency service costs for which the skilled nursing facility is liable pursuant to section 18-452, within 30 days of the provision of the emergency services. Any skilled nursing facility receiving a bill for emergency services pursuant to this section, shall reimburse the city for its emergency service costs within 30 days of the bill being deposited in the United States Mail. If a skilled nursing facility fails to reimburse the city for the emergency services provided to it within 30 days of a bill being deposited in the United States Mail, the city may issue an administrative citation pursuant to chapter 30, article II, division 4 of this Code.

(Ord. No. 1801, § 1(Exh. A), 8-12-08)

The provisions of this article are in addition to all other legal and equitable remedies, administrative, criminal or civil, that may be pursued by the city to provide for recovery of its emergency service expenses incurred in response to a request for emergency services made by an employee of the skilled nursing [facility] in a nonemergency situation.

(Ord. No. 1801, § 1(Exh. A), 8-12-08)