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HomeMy WebLinkAbout2015-77 - RESCINDED SEE 2019-105 - Approving Paramedic Service Charges Pursuant to Chapter 5.60 of the Newport Beach Municipal Code RESOLUTION NO. 2015-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING PARAMEDIC SERVICE CHARGES PURSUANT TO CHAPTER 5.60 OF THE NEWPORT BEACH MUNICIPAL CODE WHEREAS, the City Council is authorized, pursuant to Chapter 5.60 of the Newport Beach Municipal Code, to establish, by resolution, fees and charges for the provision of paramedic or emergency medical services (EMS); and WHEREAS, the City of Newport Beach has, since 1975, maintained and operated a paramedic service program designed to provide emergency medical services for residents of, employees in, or visitorsto, NewportBeach; and WHEREAS, the City of Newport Beach currently maintains three Advanced Life Support ambulances; two standby ambulances with Advanced Life Support and Basic Life Support capabilities for periods of high call volume; and, the fire engine closest to a call for service also provides emergency medical services; and WHEREAS, as a component of the City's comprehensive EMS system, the City of Newport Beach provides emergency ambulance transportation services; and WHEREAS, the City of Newport Beach, through automatic aid agreements, provides to, and receives from, emergency medical services nearby public entities such as the cities of Costa Mesa, Huntington Beach, Laguna Beach,and Irvine (Orange County Fire Authority); and WHEREAS, the City's General Fund revenues currently defray a portion of the cost of providing emergency medical services; and WHEREAS, it is estimated that 65 percent of the calls for emergency medical services are from residents; and WHEREAS, the revenue generated by the charges established in this Resolution will be used solely to maintain and enhance the City's ability to provide paramedic and emergency medical service and emergency ambulance transportation service within the City of Newport Beach and in other jurisdictions pursuant to automatic aid agreements. NOW THEREFORE, the City Council of the City of Newport Beach does hereby RESOLVE as follows: SECTION 1: This Resolution establishes a Paramedic Subscription Program. The basic concept of this program is to: (1) establish reasonable charges for all recipients of Advanced Life Support (ALS); ALS Non-Transport; Basic Life Support (BLS); BLS Non-Transport; and, emergency ambulance transportation services provided by the Newport Beach Fire Department; and (2) provide a mechanism for residents and businesses to cap their emergency medical service and emergency ambulance transportation costs while supporting the City's EMS system. The fees and charges authorized by this Resolution are intended to defray the Resolution No. 2015-77 Page 2 of 6 costs of providing a comprehensive EMS program that provides emergency ambulance transportation services within the City of Newport Beach. The fees and charges authorized by this resolution shall be used solely to maintain and enhance the City's ability to provide paramedic and emergency medical services and emergency ambulance transportation services. SECTION 2: Definitions. The purpose of this Resolution, the following terms shall be defined as provided in this Section: a. "Advanced Life Support" or "ALS" shall mean any advanced life support medical evaluation and treatment performed by paramedics outside of a hospital. This treatment shall follow the current "Advanced Life Support Treatment Guidelines" as specified by Orange County Emergency Medical Services. b. "Basic Life Support" or "BLS" shall mean any basic life support evaluation and treatment that is authorized by the State of California Department of Health to be performed by emergency medical technicians and/or paramedics at the scene of a medical emergency. C. "Paramedic Subscription Program" or "Program" shall mean a voluntary membership where members shall prepay at a fixed price, the uninsured portion of emergency medical and emergency ambulance transportation services provided by the Newport Beach Fire Department. d. "Member" shall mean any person eligible to participate in the Paramedic Subscription Program and for whom the Subscription Fee has been paid. e. "Resident Member" shall mean any person eligible to participate in the Paramedic Subscription Program because of their status as a guest, or visitor of a resident in the City of Newport Beach and for whom the Subscription Fee has been paid. f. "Business Member" shall mean any person eligible to participate in the Paramedic Subscription Program because they are the owner, operator, employee, customer or volunteer of a business located in the City of Newport Beach, and for whom the Subscription Fee has been paid. g. "Subscription Fee" shall mean the annual charge, as established by resolution of the City Council which, when paid, entitles eligible persons to participate in the Paramedic Subscription Program and receive ALS, ALS Non-Transport, BLS, BLS Non-Transport, and emergency ambulance transportation services, or other benefits as approved by the City Council without payment of Normal Charges. h. "Non-member" shall mean any person who is not eligible to participate in the Paramedic Subscription Program or any eligible person for whom the Resolution No. 2015-77 Page 3 of 6 Subscription Fee has not been paid. i. "Normal Charges" shall mean the fee to be paid by any Non-member who receives ALS, ALS Non-Transport, BLS, BLS Non-Transport or emergency ambulance transportation services initiated within the City of Newport Beach and the fees to be paid by Business Members who receive ALS, ALS Non-Transport, BLS, BLS Non-Transport, or emergency ambulance transportation services initiated within the City of Newport Beach at a location other than their workplace. j. "Municipal Services Statement" shall mean the bill for water, sewer and other municipal services issued by the City of Newport Beach on a bi-monthly basis. k. "Business" shall mean any corporation, partnership, company, business, association, organization or other entity with a workplace located in the City of Newport Beach. I. "Emergency ambulance transportation services" means transportation by an ambulance of one or more patients resulting from a 911 call for emergency medical services. SECTION 3: Payment for Services. Non-members receiving ALS, ALS Non Transport, BLS, BLS Non-Transport, or emergency ambulance transportation services within the City of Newport Beach shall pay Normal Charges as specified in this Resolution. In no event shall any person be denied ALS, ALS Non-Transport, BLS, BLS Non-Transport, or emergency ambulance transportation services because of the inability or failure to pay the Paramedic Subscription Fee or Normal Charges required by this Resolution. Members receiving ALS, ALS Non-Transport, BLS, BLS Non-Transport or emergency ambulance transportation services within the City of Newport Beach shall have their payment for services adjusted as described under Member Benefits, SECTION 4: Paramedic Subscription Program. a. Eligibility. The Paramedic Subscription Program is open to residents and business located within the City of Newport Beach and other persons deemed eligible by regulation promulgated by the City Manager. b. Enrollment. Any eligible person who enrolls shall become a member immediately upon receipt of payment. As long as the member remains in good payment standing, the member shall not be required to pay the Normal Charges for emergency medical care and emergency ambulance transportation services. C. Members Benefits. Member's Subscription Fee is considered as prepayment of the uninsured portion of ALS, ALS Non-Transport, BLS, BLS Non-Transport, and emergency ambulance transportation charges. Resolution No. 2015-77 Page 4 of 6 Members, guests, customers, patrons, visitors, or others using the facilities of a member's household or business shall not be charged directly for emergency medical care and emergency ambulance transportation services if they agree to assign any applicable benefits of any insurance policy to the City for services provided. In instances where a member also holds status as a payer for an insurance plan, the benefits of the membership shall not extend to an obligation as an insurance payer. The member shall still assign any applicable benefits of the insurance policy to the City for services provided. d. Paramedic Subscription Fees. i. The annual Paramedic Subscription Fee for a Resident Member shall be $60.00 per calendar year; ii. The annual Paramedic Subscription Fee for a Business Member shall be $60.00 per calendar year, provided, however, for businesses with more than the Business Member and ten eligible employees, the annual Subscription Fee shall be an additional $25.00 for each additional group of up to ten employees, to a maximum of$410.00. e. Payment of Fees. i. Paramedic Subscription Fees for Resident Members shall be paid as follows: (1) The payment of$60.00 upon enrollment or annual renewal; (2). In the event of Municipal Services Statement is sent to the dwelling unit of the Resident Member, the payment of that portion of the annual Paramedic Subscription Fee on or before the due date shown on the statement. ii. Paramedic Subscription Fees for Business Members shall be paid as follows: (1) The payment of the required annual Paramedic Subscription Fees upon enrollment or renewal; (2) In the event a Municipal Services Statement is sent to the business location, the payment of that portion of the annual Paramedic Subscription Fee shown on the Municipal Services Statement on or before the due date shown on the statement. Resolution No. 2015-77 Page 5 of 6 f. Termination of Membership. Membership may terminate in the event of any of the following: i. The City Council of the City of Newport Beach terminates or modifies the Paramedic Subscription Program through rescission or amendment of this Resolution, or a successor resolution, in which event the City shall refund, on a prorate basis, the unused portion of the Member's Paramedic Subscription Fee; ii. Failure to pay the Paramedic Subscription Fee on or before the due date shown on the Municipal Services Statement. Membership may be reinstated if; at any time the Paramedic Subscription Fee for that Member is paid. SECTION 5: Normal Charges. The charges for rendering emergency medical services to Non-members shall be as specified in the adopted Fee Schedule of the City of Newport Beach. SECTION 6: Implementation. The City Manager shall have the authority to promulgate regulations necessary or appropriate to the administration of the Paramedic Subscription Program, the provision of services described in this Resolution, and the billing or collection of charges due for the provision of emergency medical services. SECTION 7: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 8: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. SECTION 9: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 10: This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. Resolution No. 2015-77 Page 6 of 6 ADOPTED this 22"d day of September, 2015. , y Edward D. Si ich / Mayor ATTEST: Leilani I. Brown City Clerk �� NEWpQ'Q Ai U STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2015-77 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd day of September, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Petros, Council Member Curry, Mayor Pro Tem Dixon, Mayor Selich NAYS: Council Member Peotter, Council Member Muldoon ABSENT: Council Member Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of September, 2015. ak� City Clerk ` Newport Beach, California (Seal) 04 NSWp��� Uc