Chapter 9.68
EMERGENCY MEDICAL SERVICE (EMS) FIRST RESPONDER FEE1
Sections:
9.68.030 Emergency medical service first responder fee.
9.68.050 No effect on emergency medical first responder services.
9.68.060 No waiver of other means of cost recovery.
9.68.010 Purpose.
The purpose of these provisions is to allow for the collection of fees related to the cost of providing emergency medical services. The emergency medical service first responder fee is required to cover the costs of the first responder services that the fire department must provide to both city residents and nonresidents. (Ord. 16-07 § 1).
9.68.020 Definitions.
For purposes of this chapter, the following definitions apply:
“Fire chief” means chief of the city of Benicia fire department or his or her designee.
“First responder fee” means the fee established pursuant to this chapter and charged to each person to whom the city provides medical emergency first responder services to recover the costs for providing such services.
“Insurer” means the recipient’s medical insurance provider.
“Recipient” means the person to whom the city provides medical emergency first responder services.
“Services” means medical emergency first responder services provided by the city. (Ord. 16-07 § 1).
9.68.030 Emergency medical service first responder fee.
A. Fee Amount Established. The city council shall, by resolution, adopt and amend from time to time a first responder fee to recover the actual and reasonable costs incurred by the fire department in providing services and processing the first responder fee, including administrative or enforcement costs.
B. Fee Applies to All. The first responder fee shall be charged to each recipient, whether a city resident or nonresident, who receives services during a single incident. (Ord. 16-07 § 1).
9.68.040 Fee collection.
A. Policies for Discharging Accountability.
1. The fire chief, or designee, will develop policies and procedures for invoicing, billing, and receiving payments for each fee charged under this chapter and will coordinate the administration with any contracted third party service provider, if applicable. The policies and procedures will include a process to discharge from accountability accounts that are not collectible.
2. The fire chief, or designee, shall establish a compassionate billing policy. Such policy may include waiver of the first responder fee for uninsured patients.
3. The city shall accept the payment, if any, from the insurer as the full payment for the recipient’s first responder fee obligation and the city shall not require the recipient to pay for any portion of the first responder fee not paid by the insurer.
B. Administration of the Fee. The fire chief, or designee, may delegate all or some of the tasks required for the administration of the first responder fee. Administration of the first responder fee will consist of tasks including, but not limited to, tracking of emergency medical first responder services provided by the fire department, identification of financially responsible parties, calculation of total fees to be charged, invoicing and payment collection, and the processing of waiver requests and appeals, if permitted. The city manager may approve of delegation of administration of the first responder fee by a contracted third party by resolution.
C. Invoicing. When the fire department provides emergency medical first responder services to a person, the city, or its designee, shall bill the recipient and the insurer, if any, for payment of the first responder fee. In the case of a minor, the city, or its designee, shall bill the parent or guardian of the recipient who received the services and the insurer, if the person, or his or her representative, has identified to the fire department the insurer to which the invoice should be sent. (Ord. 16-07 § 1).
9.68.050 No effect on emergency medical first responder services.
This chapter neither expands nor limits services. Nothing in this chapter relieves the fire department from providing services. These services will continue to be provided without regard to whether a person is insured by an insurer, has the ability to pay the first responder fee, or has or has not paid the first responder fee in the past. (Ord. 16-07 § 1).
9.68.060 No waiver of other means of cost recovery.
This chapter does not preclude the city or the fire department from recovering its emergency response costs in any other manner authorized by law. (Ord. 16-07 § 1).
9.68.070 Appeal.
A. Any person wishing to contest an invoice regarding the first responder fee imposed under this chapter must submit a written request for reconsideration to the fire chief explaining the reasons for requesting a reconsideration within 30 days of the date of receiving the invoice for the first responder fee. The fire chief will review the written request and based on that review make a final decision on the request and notify the party in writing within 30 days of receiving the request to reconsider.
B. If the aggrieved party is unhappy with the fire chief’s decision, the party may appeal to the city council by filing a notice of appeal pursuant to Chapter 1.44 BMC. (Ord. 16-07 § 1).
Code reviser’s note: Ord. 16-07 adds these provisions as Chapter 9.64. The chapter has been renumbered to avoid duplication of numbering.