HB5103 H FD AM #1

Morgan 3345

 

The Committee on Fire Departments and EMS moved to amend the bill on page 1, line 1, by striking everything after the enacting clause and inserting in lieu thereof the following:

 

 

ARTICLE 15. EMERGENCY AMBULANCE SERVICE ACT OF 1975.

§7-15-17. Imposition and collection of special emergency ambulance service fee by county commission.

(a) A county commission may, by ordinance, impose upon and collect from the users of emergency ambulance service within the county a special service fee, which shall be known as the "special emergency ambulance service fee." The proceeds from the imposition and collection of any special service fee shall be deposited in a special fund and used only to pay reasonable and necessary expenses actually incurred and the cost of buildings and equipment used in providing emergency ambulance service to residents of the county. The proceeds may be used to pay for, in whole or in part, the establishment, maintenance and operation of an authority, as provided for in this article: Provided, That an ambulance company or authority receiving funds from the special emergency ambulance fees collected pursuant to this section may not be precluded from making nonemergency transports.

(b) A county commission may submit the special emergency ambulance fees to the patient's insurance provider for payment.

(c) In the event that a patient does not pay his or her portion of the special emergency ambulance fee, the county commission may initiate collection of delinquent special ambulance fees through filing a civil action in the magistrate court where the special emergency fees were incurred.  This cause of action shall be filed only after the expiration of six months from the date the patient was provided, in writing, a correct, itemized billing statement.  The county commission shall not be required to pay any court costs or filing fees associated with filing any civil action pursuant to the provisions of this section of the code.  Upon a finding by a court that a party is liable for the payment of a special ambulance fee, the court shall order that all reasonable and necessary court fees, other fees, and expenses related to the litigation shall be imposed upon the party found to be liable. The county commission may appoint a representative to administer the provisions of this section but the office of the prosecuting attorney that serves the county commission shall be responsible for conducting the litigation contemplated within this section of the code.

(c) A county commission is authorized to set an amount to be due from those calls made for emergency ambulance service where a person has signed a "refusal"; and to charge that person a fee not to exceed $300.  The manner of collection shall be pursuant to this section and §33-63-1 of the code.

article 63. required health insurance.

§33-63-1. Cost sharing in special emergency ambulance fees.

(a) Findings. –

(1) That treatment by an ambulance that does not result in transportation to a hospital, or in situations in which the condition of the person for whom emergency services was sought has been stabilized, take time from other emergency calls that do require transportation; and that

(2) Patients who are assessed special ambulance service fees would otherwise be required to pay these fees out-of-pocket, which could lead to a refusal to call for emergency services.

(b) Notwithstanding the provisions of §33-1-1 et seq. of this code, an insurer subject to §33-15-1 et seq., §33-16-1 et seq., §33-24-1 et seq., §33-25-1 et seq., and §33-25A-1 et seq. of this code which issues or renews a health insurance policy on or after July 1, 2024, shall provide coverage for special emergency ambulance fees assessed by counties for ambulance calls that do not result in transportation of the patient, with or without treatment.

(c) Cost sharing for a special emergency ambulance fee in which no services are provided shall not exceed $50.

(d) Cost sharing for a special emergency ambulance fee in which services are provided shall not exceed $100.

 

 

 

 

Adopted

Rejected