What's happening
This bill authorizes fire departments and ambulance services to charge fees for emergency medical services and requires insurers to pay ambulance providers directly.
Why it matters
Allows local fire departments and fire companies to charge for emergency medical services and ambulance calls. , shifting some costs from taxpayers to those who use these services (and their insurers), which could affect how communities fund and sustain emergency response.
Requires insurance companies to pay ambulance providers directly. when there is a written assignment of benefits, helping ensure that ambulance services are paid promptly and reducing the risk of payment delays or disputes between patients, insurers, and providers.
Establishes rules for contracting and reimbursement rates between ambulance providers and insurers. , including defaulting to “usual and customary charges” when no negotiated rates exist, which could impact the costs borne by insurers, municipalities, and potentially patients.
Mandates coordination between different levels of emergency medical services (basic and advanced life support). , requiring contracts that specify fees and reimbursement mechanisms, which may improve clarity and consistency in payment for life-saving care.
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Who cares
Headline styles
Allow Fire Dept. EMS Fees
Plain English, a few words. Used as the page title.
Sponsors
History
- Recommit, enacting clause stricken
- Referred to local government
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow EMS to Charge Fees
In Assembly Committee · Local Governments · Sponsor Billy Jones
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1940
2019-2020 Regular Sessions
IN SENATE
January 17, 2019
Introduced by Sens. LITTLE, AKSHAR, BROOKS, CARLUCCI, FUNKE, GALLIVAN, HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law and the town law, in relation to authorizing fees and charges for emergency medical services; and to amend the insurance law, in relation to payments to prehospital emergency medical services providers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 209-b of the general municipal law, as amended by chapter 476 of the laws of 2018, is amended to read as follows:
4. Fees and charges [prohibited] authorized. (a) Emergency and general ambulance service, including emergency medical service as defined in section three thousand one of the public health law, authorized pursuant to this section [shall] may be furnished without cost to the person served; provided, however, that the authorities having control of a fire department or fire company that have authorized such fire department or fire company to provide such service or services may fix a schedule of fees or charges to be paid by persons requesting such service or services. The authorities having control of a fire department or fire company may provide for the collection of fees and charges or may formulate rules and regulations for the collection thereof by the fire department or fire company. When fees and charges are authorized pursuant to this subdivision, the fees and charges collected shall be disbursed in accordance with a written contract entered into between the authority having control of a fire department of fire company and the fire department or fire company itself. The acceptance by any firefighter of any personal remuneration or gratuity, directly or indirectly, from a person served shall be a ground for his or her expulsion or suspension as a member of the fire department or fire company.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02799-03-9
S. 1940 2
(b) Notwithstanding the provisions of paragraph (a) of this subdivision, a basic life support service which establishes a schedule of fees for service shall enter into a contract with a provider or providers of advanced life support services to provide such advanced life support services. Such contract shall at a minimum establish the fees for advanced life support services and the means by which said provider will be reimbursed when the ambulance service bills for emergency medical service.
§ 2. Paragraph (e) of subdivision 1 of section 122-b of the general municipal law, as amended by chapter 303 of the laws of 1980, is amended to read as follows:
(e) [No] A contract [shall] may be entered into pursuant to the provisions of this section for the services of an emergency rescue and first aid squad of a fire department or fire company which is subject to the provisions of section two hundred nine-b of [the general municipal law] this chapter;
§ 3. Subdivision 1 of section 184 of the town law, as amended by chapter 599 of the laws of 1994, is amended to read as follows:
1. Whenever the town board shall have established or extended a fire protection district pursuant to the provisions of this article, the town board shall provide for the furnishing of fire protection within the district and for that purpose may (a) contract with any city, village, fire district or incorporated fire company maintaining adequate and suitable apparatus and appliances for the furnishing of fire protection in such district or (b) may acquire by gift or purchase such apparatus and appliances for use in such district and may contract with any city, village, fire district or incorporated fire company for operation, maintenance, and repair of the same and for the furnishing of fire protection in such district, or both. The contract may also provide for the furnishing of (1) emergency service in case of accidents, calamities or other emergencies in connection with which the services of firefighters would be required and (2) general ambulance service subject, however, to the provisions of section two hundred nine-b of the general municipal law. In the event that the fire department or fire company furnishing fire protection within the district pursuant to contract does not maintain and operate an ambulance then a separate contract may be made for the furnishing within the district of emergency ambulance service or general ambulance service, or both, with any city, village or fire district the fire department of which, or with an incorporated fire company having its headquarters outside the district which, maintains and operates an ambulance subject, however, in the case of general ambulance service, to the provisions of section two hundred nine-b of the general municipal law, or with an ambulance service, certified or registered pursuant to article thirty of the public health law[, which is not organized under the provisions of section two hundred nine-b of the general municipal law]. Any such contract with any such ambulance service permitted herein shall be subject to the provisions of this section.
§ 4. Section 3224-a of the insurance law is amended by adding a new subsection (k) to read as follows:
(k) Payments to nonparticipating or nonpreferred providers of ambulance services licensed under article thirty of the public health law. (1) Whenever an insurer or an organization, or corporation licensed or certified pursuant to article forty-three or forty-seven of this chapter or article forty-four of the public health law provides that any health care claims submitted under contracts or agreements issued or entered
S. 1940 3
into pursuant to this article or article forty-two, forty-three or forty-seven of this chapter and article forty-four of the public health law are payable to a participating or preferred provider of ambulance services for services rendered, the insurer, organization, or corporation licensed or certified pursuant to article forty-three or fortyseven of this chapter or article forty-four of the public health law shall be required to pay such benefits either directly to any similarly licensed nonparticipating or nonpreferred provider at the usual and customary charge, which shall not be excessive or unreasonable, when the provider has rendered such services, has a written assignment of benefits, and has caused written notice of such assignment to be given to the insurer, organization, or corporation licensed or certified pursuant to article forty-three or forty-seven of this chapter or article fortyfour of the public health law or jointly to such nonparticipating or nonpreferred provider and to the insured, subscriber, or other covered person; provided, however, that in either case the insurer, organization, or corporation licensed or certified pursuant to article fortythree or forty-seven of this chapter or article forty-four of the public health law shall be required to send such benefit payments directly to the provider who has the written assignment. When payment is made directly to a provider of ambulance services as authorized by this section, the insurer, organization, or corporation licensed or certified pursuant to article forty-three or forty-seven of this chapter or article forty-four of the public health law shall give written notice of such payment to the insured, subscriber, or other covered person.
(2) An insurer shall provide reimbursement for those services prescribed by this section at rates negotiated between the insurer and the provider of such services. In the absence of agreed upon rates, an insurer shall pay for such services at the usual and customary charge, which shall not be excessive or unreasonable.
(3) Nothing contained in this section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by participating or preferred providers and nonparticipating or nonpreferred providers.
The provisions of this section shall not apply to policies that do not include coverage for ambulance services.
§ 5. Subparagraphs (C) and (D) of paragraph 24 of subsection (i) of section 3216 of the insurance law, as added by chapter 506 of the laws of 2001, are amended to read as follows:
(C) An insurer shall provide reimbursement for those services prescribed by this section at rates negotiated between the insurer and the provider of such services. In the absence of agreed upon rates, an insurer shall pay for such services at the usual and customary charge, which shall not be excessive or unreasonable. The insurer shall send such payments directly to the provider of such ambulance services, if the ambulance service includes an executed assignment of benefits form with the claim.
(D) The provisions of this paragraph shall have no application to transfers of patients between hospitals or health care facilities by an ambulance service as described in subparagraph (A) of this paragraph unless such services are covered under the policy.
§ 6. Subparagraphs (C) and (D) of paragraph 15 of subsection (l) of section 3221 of the insurance law, as added by chapter 506 of the laws of 2001, are amended to read as follows:
S. 1940 4
(C) An insurer shall provide reimbursement for those services prescribed by this section at rates negotiated between the insurer and the provider of such services. In the absence of agreed upon rates, an insurer shall pay for such services at the usual and customary charge, which shall not be excessive or unreasonable. The insurer shall send such payments directly to the provider of such ambulance services, if the ambulance service includes an executed assignment of benefits form with the claim.
(D) The provisions of this paragraph shall have no application to transfers of patients between hospitals or health care facilities by an ambulance service as described in subparagraph (A) of this paragraph unless such services are covered under the policy.
§ 7. Paragraphs 3 and 4 of subsection (aa) of section 4303 of the insurance law, as added by chapter 506 of the laws of 2001, are amended to read as follows:
(3) An insurer shall provide reimbursement for those services prescribed by this section at rates negotiated between the insurer and the provider of such services. In the absence of agreed upon rates, an insurer shall pay for such services at the usual and customary charge, which shall not be excessive or unreasonable. The insurer shall send such payments directly to the provider of such ambulance services, if the ambulance service includes an executed assignment of benefits form with the claim.
(4) The provisions of this subsection shall have no application to transfers of patients between hospitals or health care facilities by an ambulance service as described in paragraph one of this subsection unless such services are covered under the policy.
§ 8. This act shall take effect on the ninetieth day after it shall have become a law, except that sections four, five, six and seven of this act shall take effect January 1, 2022, and shall apply to health care claims submitted on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general municipal law and the town law, in relation to authorizing fees and charges for emergency medical services; and to amend the insurance law, in relation to payments to prehospital emergen- cy medical services providers
Purpose
The bill would allow fire departments to charge for emergency medical services provided. They are prohibited from doing so at this time.
Summary of provisions
Section 1 This bill amends section 209-b (4) of the General Municipal Law to remove the prohibition of fire department emergency medical bill- ing.
This bill also amends Section 2 Section 122-b (1)(e) of the General Municipal Law
Section 3 Section 184(1) of the town law in order to authorize contract- ing with fire department emergency medical service units.
Section 4 Contains the effective date
Justification
Paragraph 4 of section 209-b of the General Municipal Law prohibits any ambulance service, which is run as part of a fire department, from charging a fee for such service. Every other emergency medical provider in the state is allowed to charge for such service. If enacted, this bill would simply allow fire departments to recover costs for services rendered. The ever increasing costs of state mandates, coupled with increases in equipment and personnel costs have led many municipality and volunteer ambulance providers to charge for this very costly service. If the ambulance is provided through a police department, ambu- lance department, volunteer ambulance corps, or even contracted with a proprietary/for-profit service, a fee can be charged. However, if the service is rendered by a fire department, no fee may be charge. This legislation would not require any fee to be established, but would offer municipalities and volunteer fire companies the opportunity to recover these ever increasing, mandated costs.
Legislative history
2017-18: S.363B/A.7717B: Senate Finance; Assembly Local Governments
2015-16: S.1914 Referred to Local Government; A.3721 Referred to Local Government
2013/14: S.3262 Referred to Local Government; A.4113 Referred to Local Government
Fiscal implications
None.
Local fiscal implications
None.
Effective date
Ninety days after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.