HomeMy WebLinkAbout04 - Amending the Paramedic Subscription Program Pursuant to Chapter 5.60 of the Newport Beach Municipal CodePORT CITY OF
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_ i NEWPORT BEACH
City Council Staff Report
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December 10, 2019
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jeff Boyles, Fire Chief - 949-644-3101, jboyles@nbfd.net
PREPARED BY: Mary Locey, Administrative Manager, mlocey@nbfd.net and
Kristin Thompson, EMS Division Chief, kthompson@nbfd.net
PHONE: 949-644-3352 1949-644-3351
TITLE: Rescinding Resolution No. 2015-77 and Adopting Resolution
No. 2019-105: Amending the Paramedic Subscription Program
Pursuant to Chapter 5.60 of the Newport Beach Municipal Code
ABSTRACT:
The Newport Beach Fire Department seeks to amend and clarify membership eligibility
in the paramedic subscription program, known as Fire Medics. The proposed changes
have no impact on the cost of the membership program.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because this action will not result in a physical change to the environment, directly or
indirectly; and
b) Adopt Resolution No. 2019-105, A Resolution of the City Council of the City of Newport
Beach, California, Rescinding and Replacing Resolution No. 2015-77 Relating to the
Paramedic Subscription Program Service Charges Pursuant to Chapter 5.60
(Paramedic Service User Fees) of the Newport Beach Municipal Code.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Newport Beach Fire Department (NBFD) provides paramedic emergency medical
services (EMS) to the community and has offered a paramedic subscription program
(Program), commonly referred to as Fire Medics, since 1975. The program is open to
eligible Newport Beach residents and businesses through an annual subscription fee
(Attachment A). The subscription fees collected are used solely to maintain and enhance
the ability to provide emergency personnel and equipment in support of EMS operations.
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Rescinding Resolution No. 2015-77 and Adopting Resolution No. 2019-105:
Amending the Paramedic Subscription Program Pursuant to
Chapter 5.60 of the Newport Beach Municipal Code
December 10, 2019
Page 2
The program offers the following benefits for paramedic and emergency medical services
and transportation provided by the NBFD:
• No out of pocket expenses. For insured members, payment received from their
insurance provider is accepted as payment in full. If uninsured, membership fully
covers the cost of the services provided.
• Unlimited usage. No matter how often a member calls for emergency services,
there are no additional fees.
• Coverage for family members and guests. Family members living at the registered
property and guests at the property are included in the cost of membership.
• Workforce and patron protection. Eligible business members can provide coverage
for employees while working at a subscribed business location and for patrons in
the subscribed business.
Since its inception, program membership has included Newport Beach residents and
businesses. The popular program has been successful in the generation of an estimated
$250,000 in annual revenue for EMS operations. Currently, there are approximately 5,100
members enrolled in the program.
Proposed Program Amendments
NBFD staff conducted a review of the program and its membership structure. To clarify
eligibility and benefits of the program, amendments are reflected in the attached
Resolution (Attachment B). A brief summary of the proposed amendments are listed
below.
• Resident members are any person that is a resident of Newport Beach and a guest
or visitor of a resident who is an active program member and for whom the
subscription fee has been paid.
• Business members are any corporation, partnership, company, business,
organization or other entity with a workplace located in Newport Beach, which has
an active City of Newport Beach (City) business license.
• Business membership is limited to businesses located within the boundaries of
Newport Beach with a maximum of 150 employees.
• Homeowner Associations and entities with overnight guests are not eligible for
membership.
• For benefits to apply, the emergency precipitating the call for service must have
occurred on the resident or business property.
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Rescinding Resolution No. 2015-77 and Adopting Resolution No. 2019-105:
Amending the Paramedic Subscription Program Pursuant to
Chapter 5.60 of the Newport Beach Municipal Code
December 10, 2019
Page 3
Membership Fees
The fees for program membership remain unchanged as outlined in the below chart.
Examples of fee structure for business membership:
1. Business with 10 or less owners and employees pays $60 per year.
2. Business with 50 owners and employees pays $160 ($60 enrollment fee plus four
groups of 10 employees) per year.
3. Business with 150 owners and employees pays $410 ($60 enrollment fee plus 14
groups of 10 employees) per year.
4. Businesses with over 150 owners and employees are not eligible for membership.
Program subscription fees are invoiced each January. If enrollment occurs during the
year, the subscription fee is prorated. For members receiving a municipal statement from
the City, the fee is divided equally by the six -billing periods and paid with their bi-monthly
bill (i.e., resident members are billed $10 bi-monthly). For members who do not receive a
municipal statement from the City, the full -annual amount is due upon submitting an
application or the member is invoiced for the full amount each January.
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Enrollment
Membership
Fee
Coverage
Resident
$60
Family members living at the designated
property and guests or visitors for incidents that
occur on the property.
Business
$60
Business* and up to 10 owners and
employees at the designated business and
patrons or visitors for incidents that occur on
the designated property.
Additional owner and
$25
Additional fee per group of 10 owners and
employee coverage for
employees for a maximum of 150 owners and
member businesses
employees or $410 annually.
*Business includes any corporation, partnership, company, business, organization or
other entity with a workplace within the boundaries of Newport Beach.
Examples of fee structure for business membership:
1. Business with 10 or less owners and employees pays $60 per year.
2. Business with 50 owners and employees pays $160 ($60 enrollment fee plus four
groups of 10 employees) per year.
3. Business with 150 owners and employees pays $410 ($60 enrollment fee plus 14
groups of 10 employees) per year.
4. Businesses with over 150 owners and employees are not eligible for membership.
Program subscription fees are invoiced each January. If enrollment occurs during the
year, the subscription fee is prorated. For members receiving a municipal statement from
the City, the fee is divided equally by the six -billing periods and paid with their bi-monthly
bill (i.e., resident members are billed $10 bi-monthly). For members who do not receive a
municipal statement from the City, the full -annual amount is due upon submitting an
application or the member is invoiced for the full amount each January.
4-3
Rescinding Resolution No. 2015-77 and Adopting Resolution No. 2019-105:
Amending the Paramedic Subscription Program Pursuant to
Chapter 5.60 of the Newport Beach Municipal Code
December 10, 2019
Page 4
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Fire Medics Program Brochure
Attachment B —Resolution No. 2019-105
A AL
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Yes!
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yes ! I want to enroll in the Fire Medics program.
Q Membership type
❑ Newport Beach Residents
Please enroll me and the members of
my household in the Fire Medics
program for a total of $60 annually.
❑ Newport Beach Businesses
Please enroll up to 10 of my
employees in the Fire Medics program
for a total of $60 annually. (Add $25
for each additional 10 employees, up
to a maximum of $410 annually.)
Q Personal information
Last Name First Name
An official program
of the Newport Beach
Street Address
Fire Department.
City Zip
Phone
We will begin your Fire Medics
Name of Business (If applicable)
coverage when your enrollment
form is received.
Business/Contact Person (If applicable) # of Employees
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No out-of-pocket expenses
Health plans rarely pay full paramedic and ambulance costs. If
you are insured, the City of Newport Beach will bill your
insurance company and accept its reimbursement as payment in
full, with no deductibles or further charges. If you are uninsured,
your Fire Medics membership covers you in full for 911
paramedic and ambulance services.
Unlimited usage
As a member, no matter how many times you call for help,
there are no out-of-pocket charges for paramedic and
emergency ambulance services.
Family coverage
Your membership includes all family members living in your
Newport Beach residence.
Workforce protection
You can protect your employees against unexpected paramedic
and emergency response charges while they are working at your
business site.
An officialprogram ofthe Newport Beach Fire Department.
Newport Beach Residents
If you are a Newport Beach resident, you are eligible to join the
Fire Medics program. An annual membership fee of $60 will cover
the members of your household while within Newport Beach city
limits. Guests are also covered if an emergency occurs at your
home.
Newport Beach Businesses
You can protect yourself, employees, and customers against
unexpected paramedic and ambulance charges if an emergency
occurs at your business site in Newport Beach. For companies
with 10 or fewer employees, the Fire Medics membership fee is
$60 per year. If your company is larger, there is an additional $25
charge for each group of 10 employees, up to a maximum of 150
employees at $410 fee per year.
Questions?
Call the Newport Beach Fire Department
949-644-3383
--------------------------------------------------------------------------------------------------------------------
Newport Beach
NO POSTAGE
Fire Medies NECESSARY
IF MAILED
IN THE
UNITED STATES
BUSINESS REPLY MAIL
FIRST CLASS MAIL PERMIT NO. 1202 NEWPORT BEACH, CA
POSTAGE WILL BE PAID BY ADDRESSEE
Newport Beach Fire Department
PO Box 1768
Newport Beach, CA 92658-9828
me
ATTACHMENT B
RESOLUTION NO. 2019-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RESCINDING
AND REPLACING RESOLUTION 2015-77 RELATING TO
THE PARAMEDIC SUBSCRIPTION PROGRAM SERVICE
CHARGES PURSUANT TO CHAPTER 5.60
(PARAMEDIC SERVICE USER FEES) OF THE
NEWPORT BEACH MUNICIPAL CODE
WHEREAS, the City Council of the City of Newport Beach ("City Council") is
authorized pursuant to Chapter 5.60 of the Newport Beach Municipal Code ("NBMC"),
to establish, by resolution, user fees and charges for the provision of paramedic or
emergency medical services ("EMS");
WHEREAS, the City of Newport Beach ("City") has, since 1975, maintained and
operated a paramedic service program for the community by providing funds for
emergency personnel and equipment in support of EMS operations,
WHEREAS, in 1976, the City Council adopted Ordinance No. 1692 to establish
a reasonable service charge to be paid by persons using the City's paramedic services
to assist in defraying a portion of the costs incurred from maintaining paramedic service
operations;
WHEREAS, the City 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;
WHEREAS, as a component of the City's comprehensive EMS system, the City
provides emergency ambulance transportation services;
WHEREAS, the City, through automatic aid agreements, provides and receives
emergency medical services to and from nearby public entities such as the cities of Costa
Mesa, Huntington Beach, Laguna Beach, and Irvine (Orange County Fire Authority);
WHEREAS, the City's General Fund revenues currently defray a portion of the
cost of providing emergency medical services;
WHEREAS, it is estimated that 60 percent of the calls for emergency medical
services are from residents;
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Resolution No. 2019 -
Page 2 of 8
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 and in other jurisdictions pursuant to automatic aid agreements;
WHEREAS, in 2015, the City established the Paramedic Subscription Program
through Resolution 2015-77 whereby residents and businesses located within the City
could pay a yearly fee to cover out-of-pocket expenses for various paramedic services;
and
WHEREAS, the City has successfully deployed the program since adoption and
now seeks to rescind and replace Resolution 2015-77 with this Resolution which
revises and clarifies Paramedic Subscription Program membership and coverage
restrictions.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: City Council Resolution 2015-77 is hereby rescinded and replaced
with this Resolution.
Section 2: 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 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 3: Definitions. The purpose of this Resolution, the following terms shall
be defined as provided in this Section:
Resolution No. 2019 -
Page 3 of 8
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 Resident Member or Business Member.
e. "Resident Member" shall mean any person eligible to participate in the
Paramedic Subscription Program because of their status as a resident of
the City of Newport Beach, a guest of a resident of the City of Newport
Beach, 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
Subscription Fee has not been paid.
•
Resolution No. 2019 -
Page 4 of 8
"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.
"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,
organization or other entity with a workplace located within the City of
Newport Beach with an active business license issued by the City of
Newport Beach. Homeowners associations and entities with overnight
guests, including, but not limited to, hotels, apartment rental communities,
motels, and vacation rental properties, are not considered businesses for
the purpose of the definition of a "Business."
"Emergency ambulance transportation services" shall mean transportation
by an ambulance of one or more patients resulting from a 911 call to provide
for emergency medical services within the City of Newport Beach.
Section 4: 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 5: Paramedic Subscription Program.
a. Eligibility. The Paramedic Subscription Program is open to residents and
Businesses located within the City of Newport Beach and other persons
deemed eligible by regulation promulgated by the City Manager.
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Resolution No. 2019 -
Page 5 of 8
b. Enrollment. Any eligible person or Business 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.
Members 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 payor for an insurance
plan, the benefits of the membership shall not extend to an obligation as an
insurance payor. The Member shall still assign any applicable benefits of
the insurance policy to the City for services provided.
For Resident Member benefits to apply, the emergency precipitating the call
for service must have occurred on the residential property exclusively
owned, leased, or rented by the Resident Member in the City of Newport
Beach. Any injuries occurring outside the residential property, including,
but not limited to, sidewalks, parks managed by a homeowners association,
and pools managed by a homeowners association, shall not be covered
under the Resident Member's benefits.
For Business Member benefits to apply, the emergency precipitating the call
for service must have occurred on the property rented, leased, or owned by
the business in the City of Newport Beach. Any injuries occurring outside
of the business property, including, but not limited to, sidewalks, alleyways,
and parking lots not under the exclusive ownership and control of the
Business Member, shall not be covered under the Business Member's
benefits.
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 calculated per calendar year as follows:
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Resolution No. 2019-_
Page 6 of 8
(1) Businesses with 10 owners and employees, cumulatively, or
less shall have an annual subscription fee of $60.00.
(2) In addition to the standard $60.00 subscription fee,
businesses with over 10 owners and employees, cumulatively, shall
incur an additional charge of $25.00 per group of 10 owners and
employees, cumulatively, for a maximum of 150 employees (14
additional groups) and a maximum subscription fee of $410.00.
(3) Businesses with over 150 owners and employees,
cumulatively, will not be eligible for the Paramedic Subscription
Program.
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 a 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.
f. Termination of Membership. Membership may terminate in the event of any
of the following:
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Resolution No. 2019 -
Page 7 of 8
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.
iii. In the event a Member moves to another address within the City of
Newport Beach, the Member is required to notify the Newport Beach Fire
Department via mail or by emailing firemedics@nbfd.net to provide their
new City of Newport Beach address for service. Membership shall not carry
over to the new City of Newport Beach address until the Newport Beach
Fire Department receives notification of the new address by the Member in
the manner described above.
Section 6: 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 7: 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 8: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 9: 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 or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
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Resolution No. 2019 -
Page 8 of 8
Section 10: 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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 11: This resolution shall take effect on January 1, 2020, and the City
Clerk shall certify the vote adopting the resolution.
ADOPTED this 10th day of December, 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
.r
Aaron C. Harp
City Attorney
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