Chapter 8.18
EMERGENCY MEDICAL SERVICES RESPONSE

Sections:

8.18.010    Intent.

8.18.020    Definitions.

8.18.030    Emergency medical services response fee applicability.

8.18.040    Emergency medical services response fee.

8.18.050    Emergency medical services response fee waiver.

8.18.060    Emergency medical services response fee billing and collection.

8.18.070    Emergency medical services response fee appeals.

8.18.080    Emergency medical services subscription program.

8.18.090    Emergency medical services subscription program fees.

8.18.010 Intent.

This chapter is intended to allow the city to recover certain costs incurred for the response to calls for emergency medical services and to ensure the continued provision of professional public safety and emergency response services of the highest caliber. (Ord. 16-02 § 1 (part))

8.18.020 Definitions.

For the purposes of this chapter, the following words and terms shall be defined as follows:

“Advanced life support” shall mean special services designed to provide definitive prehospital emergency medical care, including, but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration of specified drugs and other medicinal preparations, and other specified techniques and procedures administered by authorized personnel under the direct supervision of a base hospital as part of a local EMS system at the scene of an emergency, during transport to an acute care hospital, during interfacility transfer, and while in the emergency department of an acute care hospital until responsibility is assumed by the emergency or other medical staff of that hospital, as defined in Section 1797.52 of the California Health and Safety Code.

“Basic life support” shall mean emergency first aid and cardiopulmonary resuscitation procedures which, as a minimum, include recognizing respiratory and cardiac arrest and starting the proper application of cardiopulmonary resuscitation to maintain life without invasive techniques until the victim may be transported or until advanced life support is available, as defined in Section 1797.60 of the California Health and Safety Code.

“City” shall mean the city of San Jacinto, California.

“Emergency medical services” shall mean basic life support services or advanced life support services provided by a firefighter, paramedic, or other emergency responder contracted by the city. (Ord. 16-02 § 1 (part))

8.18.030 Emergency medical services response fee applicability.

The city shall charge an emergency medical services response fee to any person who receives emergency medical services from a firefighter, paramedic, or other emergency responder contracted by the city to provide such services, provided the person is not a subscriber of the city’s emergency medical services subscription program. (Ord. 16-02 § 1 (part))

8.18.040 Emergency medical services response fee.

A.    The emergency medical services response fee per emergency per patient for the rendition of emergency medical services shall be set by resolution of the city council. The emergency medical services response fee may be adjusted periodically by resolution of the city council or through the city’s master fee schedule update to reflect the reasonable costs of providing emergency medical services.

B.    Residents at or below income levels that qualify for the Southern California Gas Company’s California Alternate Rates for Energy (CARE) program, or who otherwise demonstrate an economic hardship or inability to pay the emergency medical services response fee, as determined in the city’s sole and absolute discretion may be exempt from the emergency medical services response fee. It is the resident’s responsibility to contact the city for further information regarding low-income exemptions from the emergency medical services response fee.

C.    The city council may by resolution and in its sole discretion, determine that the permanent residents of any property or properties within the city shall be exempt from the emergency medical services response fee if the property or properties are subject to any special tax, assessment, or other annual charge that is specifically imposed for the costs of emergency medical services. If exempt pursuant to this section, the exemption shall only apply to permanent residents, not visitors or guests, while permanently residing at the property paying the special tax, assessment, or other annual charge. The exemption shall not continue if the resident relocates to a new address outside or within the city. (Ord. 16-02 § 1 (part))

8.18.050 Emergency medical services response fee waiver.

A.    All patients who expire before or during the rendition of emergency medical services, or within transport to a hospital or other medical care facility, shall not be billed an emergency medical services response fee.

B.    Any person who refuses care from a firefighter, paramedic, or other emergency responder contracted by the city to provide such services shall not be billed an emergency medical services response fee.

C.    The city manager or his or her designee shall have the discretion not to charge an otherwise applicable emergency medical services response fee if extenuating circumstances exist.

1.    Extenuating circumstances shall be defined as cases where all of the following apply: (a) the payment will create an economic hardship that could devastate a patient’s ability to properly care for himself or herself, and (b) lack of payment will not substantially affect the budget of the city.

D.    The city manager or his or her designee shall create a written record for each instance in which an emergency medical services response fee waiver is granted, documenting the circumstances involved and the reason for the emergency medical services response fee waiver. Each such waiver record shall be maintained by the city for a period of at least five years. (Ord. 16-02 § 1 (part))

8.18.060 Emergency medical services response fee billing and collection.

A.    The city reserves the right to contract for the billing and collection services necessary to administer the emergency medical services response fee.

B.    The city, or a third-party biller contracted by the city, will generate a bill for each patient who has incurred an emergency medical services response fee, except for any patient for whom an emergency medical services response fee waiver has been granted pursuant to Section 8.18.050.

C.    Bills are due upon receipt by the patient.

D.    Bills which remain unpaid thirty (30) days following receipt by the patient shall bear interest at a reasonable rate of interest.

E.    Bills which remain unpaid ninety (90) days following receipt by the patient may be referred to a collection agency. (Ord. 16-02 § 1 (part))

8.18.070 Emergency medical services response fee appeals.

A.    In cases where an emergency medical services response fee is in dispute, the city manager or his or her designee shall have discretion to determine the applicability of the emergency medical services response fee based upon evidence presented to him or her.

B.    All decisions of the city manager or his or her designee shall be made in writing with one copy to the patient who filed the appeal. Written decisions are to remain within an active file of the city for a period of at least five years. (Ord. 16-02 § 1 (part))

8.18.080 Emergency medical services subscription program.

A.    The emergency medical services subscription program (“EMS subscription program”) is a program designed to protect San Jacinto residents and businesses from out-of-pocket expenses related to emergency care provided by the city. The EMS subscription program is available to residents and businesses located in or possessing a business license issued by the city. Eligibility may be established by current utility billing records, rental or lease agreement, or other forms of identification commonly known to establish residency or business location within the city.

B.    For residential subscribers, a subscription to the EMS subscription program will cover all permanent members of a subscriber’s household who are permanent residents of the subscribing household, regardless of the location within the city where the fire department contracted to provide emergency medical services renders emergency basic life support or advanced life support services. A residential subscriber’s subscription to the EMS subscription program will not cover visitors or guests of the household.

C.    For business subscribers, a subscription to the EMS subscription program will cover all emergency basic life support or advanced life support services provided to employees at the business address or employees who are elsewhere in the city in the course of carrying out employment-related duties when the fire department contracted to provide emergency medical services renders such service. A business subscriber’s subscription to the EMS subscription program will not cover customers, visitors, or guests to the premises of the business. For businesses which also have residents, such as convalescent hospitals and assisted-living facilities, the relevant business rate will apply, and each resident providing proof of residency at the business will be enrolled if the business voluntarily enrolls.

D.    Enrollment in the EMS subscription program shall be strictly voluntary and failure to enroll shall not preclude an individual from receiving high-quality emergency medical services. EMS subscription program enrollment will be processed through paper enrollment forms or online. Enrollment in the EMS subscription program may be accomplished or handled by a third-party contractor of the city.

E.    The EMS subscription program shall have an annual subscription term that begins on July 1st of a given year and concludes on June 30th of the subsequent year. EMS subscription program coverage and the EMS subscription program fee shall not be prorated for any portion of any annual subscription term.

F.    An enrolled subscriber may opt out or unsubscribe from the EMS subscription program at any time during the course of an annual subscription term by providing cancellation notice in writing to the city. The EMS subscription program fee will not be refunded for any portion of the annual subscription term not used by the subscriber. The EMS subscription program fee is also nonrefundable if the subscriber moves from the city. However, the EMS subscription program fee for an annual subscription term may be applied to the same subscriber at a new address if the subscriber moves within the city limits. It is the subscriber’s responsibility to contact the city or the administrator of the EMS subscription program to notify of any change of address so that EMS subscription program enrollment and fees are credited appropriately. (Ord. 16-02 § 1 (part))

8.18.090 Emergency medical services subscription program fees.

A.    The annual EMS subscription program fee for residential subscribers shall be set by resolution of the city council. The EMS subscription program fee for residential subscribers may be adjusted periodically by resolution of the city council or through the city’s master fee schedule update. Subscriptions with no associated EMS subscription program fee will be available only to residents at or below income levels that qualify for the Southern California Gas Company’s California Alternate Rates for Energy (CARE) program, or who otherwise demonstrate an economic hardship or inability to pay the EMS subscription program fee, as determined in the city’s sole and absolute discretion on a case-by-case basis.

B.    The EMS subscription program fee is nonrefundable if the subscriber moves from the city. However, the EMS subscription program fee for an annual subscription term may be applied to the same subscriber at a new address if the subscriber moves within the city limits. It is the subscriber’s responsibility to contact the city or the administrator of the EMS subscription program to notify of any change of address and to see that EMS subscription program enrollment and the EMS subscription program fee are credited appropriately.

C.    Eligible businesses may enroll in the EMS subscription program under the terms and conditions applicable to residential subscribers at the rates set by resolution of the city council. The EMS subscription program fee for business subscribers may be adjusted periodically by resolution of the city council or through the city’s master fee schedule update.

D.    If there is a change in the number of employees of a business subscriber during the annual subscription term, it is the responsibility of the business subscriber to contact the city or the administrator of the EMS subscription program to notify of a reduced or increased number of employees, potentially resulting in a reduced or increased EMS subscription program fee. To confirm the EMS subscription program fee applicable to a business subscriber, the city reserves the right to require verification of the number of employees claimed by any business subscriber. To confirm the EMS subscription program fee applicable to a business subscriber, the city reserves the right to compare the stated number of employees on a business license application with the stated number of employees on the EMS subscription program enrollment forms of a business subscriber. (Ord. 16-02 § 1 (part))