A00534 Summary:

BILL NOA00534B
 
SAME ASSAME AS S07186-A
 
SPONSORJones
 
COSPNSRRa, Lavine, Woerner, DiPietro, Byrne, Steck, Cook, Jean-Pierre, Norris, Galef, Fahy, Bronson, Lupardo, Abinanti, Barrett, Solages, Goodell, Hunter, Pheffer Amato, Colton, Miller B, Buttenschon, Brabenec, DeStefano, Burke, Walsh, Montesano, Smullen, Manktelow, Sayegh, Tague, Jacobson, Mikulin, Hawley, Wallace, Stirpe, Zebrowski, Stern, Gunther, McMahon, Ashby, Salka, Griffin, Durso, Simpson, Lawler, Sillitti, Gandolfo, Rivera JD, Lunsford, Kelles, Burdick, Angelino, Giglio JM, Ramos, Fitzpatrick, Darling, Brown K, Joyner, Hevesi, Smith, Cruz, Thiele, Burgos, Williams, Bichotte Hermelyn, Giglio JA, Gallahan
 
MLTSPNSRByrnes, Englebright, Miller M
 
Amd §§209-b & 122-b, Gen Muni L; amd §184, Town L
 
Provides that authorities having control of a fire department or fire company which provides emergency medical services may establish fees and charges for services.
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A00534 Actions:

BILL NOA00534B
 
01/06/2021referred to local governments
05/25/2021reported referred to ways and means
06/04/2021amend and recommit to ways and means
06/04/2021print number 534a
01/05/2022referred to ways and means
02/11/2022amend and recommit to ways and means
02/11/2022print number 534b
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A00534 Committee Votes:

LOCAL GOVERNMENTS Chair:Thiele DATE:05/25/2021AYE/NAY:18/0 Action: Favorable refer to committee Ways and Means
ThieleAyeSchmittAye
RamosAyeFriendAye
OtisAyeManktelowAye
WoernerAyeGallahanAye
WallaceAyeSimpsonAye
JacobsonAye
DarlingAye
ClarkAye
ConradAye
RiveraAye
SillittiAye
KellesAye
LunsfordAye

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A00534 Floor Votes:

There are no votes for this bill in this legislative session.
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A00534 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         534--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  JONES, RA, LAVINE, WOERNER, DiPIETRO, BYRNE,
          STECK, COOK,  JEAN-PIERRE,  NORRIS,  GALEF,  FAHY,  BRONSON,  LUPARDO,
          ABINANTI,  BARRETT,  SOLAGES,  GOODELL, HUNTER, PHEFFER AMATO, COLTON,
          B. MILLER, BUTTENSCHON, BRABENEC, DeSTEFANO, BURKE, WALSH,  MONTESANO,
          SMULLEN, MANKTELOW, SAYEGH, TAGUE, JACOBSON, MIKULIN, HAWLEY, WALLACE,
          STIRPE,  ZEBROWSKI,  STERN,  GUNTHER,  McMAHON, ASHBY, SALKA, GRIFFIN,
          DURSO, SIMPSON, LAWLER, SILLITTI,  GANDOLFO,  J. D. RIVERA,  LUNSFORD,
          KELLES,  BURDICK, ANGELINO, J. M. GIGLIO, RAMOS, FITZPATRICK, DARLING,
          BROWN, JOYNER, HEVESI, SMITH -- Multi-Sponsored by -- M. of A. BYRNES,
          ENGLEBRIGHT, M. MILLER -- read once and referred to the  Committee  on
          Local  Governments  --  reported and referred to the Committee on Ways
          and Means -- committee discharged, bill amended, ordered reprinted  as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee

        AN  ACT to amend the general municipal law and the town law, in relation
          to authorizing fees and charges for emergency medical services
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  4  of section 209-b of the general municipal
     2  law, as amended by chapter 476 of the laws of 2018, is amended  to  read
     3  as follows:
     4    4.  Fees and charges [prohibited] authorized.  [Emergency] (a) Subject
     5  to the restrictions set forth in  paragraph  (d)  of  this  subdivision,
     6  emergency  and  general  ambulance  service, including emergency medical
     7  service as defined in section three thousand one of  the  public  health
     8  law,  authorized pursuant to this section [shall] may be furnished with-
     9  out cost to the person served; provided, however, that  the  authorities
    10  having control of a fire department or fire company that have authorized
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03579-11-2

        A. 534--B                           2
 
     1  such fire department or fire company to provide such service or services
     2  may  fix  a schedule of fees or charges to be paid by persons requesting
     3  such service or services. The  authorities  having  control  of  a  fire
     4  department  or  fire  company may provide for the collection of fees and
     5  charges or may formulate rules and regulations for the collection there-
     6  of by the fire department or fire company. When  fees  and  charges  are
     7  authorized  pursuant to this subdivision, the fees and charges collected
     8  shall be disbursed in accordance with a written  contract  entered  into
     9  between the authority having control of a fire department or fire compa-
    10  ny  and  the  fire department or fire company itself.  The acceptance by
    11  any firefighter of any personal remuneration or  gratuity,  directly  or
    12  indirectly, from a person served shall be a ground for his or her expul-
    13  sion or suspension as a member of the fire department or fire company.
    14    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    15  sion, a basic life support service which establishes a schedule of  fees
    16  for  service shall enter into a contract with a provider or providers of
    17  advanced life support services to provide  such  advanced  life  support
    18  services.  Such  contract  shall  at  a  minimum  establish the fees for
    19  advanced life support services and the means by which said provider will
    20  be reimbursed when the ambulance service  bills  for  emergency  medical
    21  service.
    22    (c)  An  emergency  and general ambulance service, including emergency
    23  medical service as defined in section three thousand one of  the  public
    24  health  law,  authorized pursuant to this section which does not issue a
    25  bill for its services and which requests an Advanced Life Support  (ALS)
    26  intercept  from  another ambulance service furnishing service in an area
    27  that is designated as a rural area by  any  law  or  regulation  of  the
    28  state,  or  that  is  located  in a rural census tract of a metropolitan
    29  statistical area (as determined under the most recent Goldsmith  Modifi-
    30  cation),  shall pay the ambulance service providing the ALS intercept an
    31  ALS Rural Intercept Fee at rates negotiated  between  the  providers  of
    32  such  services.  In  the  absence  of any agreed upon rates, the service
    33  receiving such ALS intercept shall pay the  service  providing  the  ALS
    34  intercept  for  such  services  at the usual and customary charge, which
    35  shall not be excessive or unreasonable.
    36    (d) An emergency and general ambulance  service,  including  emergency
    37  medical  service  as defined in section three thousand one of the public
    38  health law, authorized pursuant to this section to  fix  a  schedule  of
    39  fees  or  charges  to  be  paid  by  persons  requesting such service or
    40  services, may apply such fees and charges  only  within  such  service's
    41  primary  response  territory  as assigned and evidenced by a valid ambu-
    42  lance service certificate issued by the commissioner of health  pursuant
    43  to  section  three  thousand five of the public health law, on or before
    44  January first, two thousand twenty-two.
    45    (e) An emergency and general ambulance  service,  including  emergency
    46  medical  service  as defined in section three thousand one of the public
    47  health law, authorized pursuant to this section shall not directly issue
    48  a bill for its services to any uninsured recipient of such services.
    49    § 2. Paragraph (e) of subdivision 1 of section 122-b  of  the  general
    50  municipal law, as amended by chapter 303 of the laws of 1980, is amended
    51  to read as follows:
    52    (e)  [No]  A  contract  [shall]  may  be  entered into pursuant to the
    53  provisions of this section for the services of an emergency  rescue  and
    54  first aid squad of a fire department or fire company which is subject to
    55  the  provisions  of section two hundred nine-b of [the general municipal
    56  law] this chapter;

        A. 534--B                           3
 
     1    § 3. Subdivision 1 of section 184 of the town law, as amended by chap-
     2  ter 599 of the laws of 1994, is amended to read as follows:
     3    1.  Whenever  the town board shall have established or extended a fire
     4  protection district pursuant to the provisions of this article, the town
     5  board shall provide for the furnishing of  fire  protection  within  the
     6  district  and  for that purpose may (a) contract with any city, village,
     7  fire district or incorporated  fire  company  maintaining  adequate  and
     8  suitable  apparatus and appliances for the furnishing of fire protection
     9  in such district or (b) may acquire by gift or purchase  such  apparatus
    10  and  appliances for use in such district and may contract with any city,
    11  village, fire district or incorporated fire company for operation, main-
    12  tenance, and  repair  of  the  same  and  for  the  furnishing  of  fire
    13  protection  in such district, or both. The contract may also provide for
    14  the furnishing of (1) emergency service in case of accidents, calamities
    15  or other emergencies in connection with which the services of firefight-
    16  ers would be required and (2) general ambulance service subject,  howev-
    17  er,  to  the  provisions  of  section  two hundred nine-b of the general
    18  municipal law. In the event that the fire  department  or  fire  company
    19  furnishing fire protection within the district pursuant to contract does
    20  not  maintain  and  operate an ambulance then a separate contract may be
    21  made for the furnishing  within  the  district  of  emergency  ambulance
    22  service or general ambulance service, or both, with any city, village or
    23  fire district the fire department of which, or with an incorporated fire
    24  company  having  its  headquarters outside the district which, maintains
    25  and operates an ambulance subject, however, in the case of general ambu-
    26  lance service, to the provisions of section two hundred  nine-b  of  the
    27  general municipal law, or with an ambulance service, certified or regis-
    28  tered pursuant to article thirty of the public health law[, which is not
    29  organized  under  the  provisions  of  section two hundred nine-b of the
    30  general municipal law].  Any  such  contract  with  any  such  ambulance
    31  service  permitted  herein  shall  be  subject to the provisions of this
    32  section.
    33    § 4. This act shall take effect on the ninetieth day  after  it  shall
    34  have  become a law and shall apply to health care claims submitted on or
    35  after such date.
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