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HomeMy WebLinkAbout3799 Ordinance ORDINANCE NO. 3771 AN ORDINANCE of the City of Pasco, Washington, Establishing a Monthly Ambulance Utility Service Fee Amending Chapter 3.05 Entitled "Ambulance Service Fund" WHEREAS, the City of Pasco has since 1979, maintained ambulance services as a utility to provide emergency medical transport services through the Pasco Fire Department, and WHEREAS, the City of Pasco ambulance service was previously funded in part by an excise tax which was invalidated by the Washington State Supreme Court; and WHEREAS, the Washington State legislature by enactment of RCW 35.21.766 "Ambulance Services - - Establishment Authorized" reaffirmed the City's authority to establish a system of ambulance services to be operated as a public utility and provided statutory guidance in setting rates for such services and assessing a portion of the costs for those services as utility over the taxpayers of the City of Pasco; and WHEREAS, the legislature has determined that ambulance and emergency medical services are essential services and the availability of these services is vital to preserving and promoting the health, safety and welfare of the citizens of the City of Pasco, and finding that all persons, businesses and industries benefit from the availability of ambulance and emergency medical services, and survival rates can be increased when these services are available, adequately funded and appropriately regulated. The legislature's explicit intent in enacting this authorization is to recognize local jurisdiction's ability and authority to collect utility service charges to fund ambulance and emergency medical service systems that are based, at least in some part, upon a charge for the availability of these services; and WHEREAS, the City of Pasco has conducted a cost of service study for ambulance and emergency medical services by PIDR Engineering, Inc., and having received that report and recommendations at the City Council Meeting on September 25, 2006; and WHEREAS, the City Council has determined it to be in the best interest to implement ambulance service utility as authorized by law,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Chapter 3.05 entitled "Ambulance Service Fund" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Ordinance-1 CHAPTER 3.05 AMBULANCE SERVICE FUND Sections: 3.05.010 Definitions 3.05.020 Establishment of Ambulance Service 3.05.021 Scope of Service 3.05.025 Monthly Utility Service Fees and Rates 3.05.026 Collection of Monthly Utility Service Fees 3.05.027 Responsibility for Utility Service Fee 3.05.030 Ambulance Services Fund 3.05.040 Ambulance Service Rates 3.05.050 Billing for ^mr.ul nee Sefviee Emergency Medical Services, Transport or Transfer 3.05.070 Compliance With Medicare and Medicaid Requirements 3.05.080 Reciprocity 3.05.090 Severability 3.05.010 DEFINITIONS. For the purpose of this chapter, these terms shall have the following meanings: A) Household. Heuie� olnd—iii a°s eae-n—single w �g-APai4an°nf— or "Availability Costs" means those costs attributable to the basic infrastructure needed to respond to a sin We call for service within the utility's response criteria, including costs for dispatch, labor, training of personnel, equipment, patient care supplies, and maintenance of equipment. B) LZ s ^r Todd "Business"siness" ^r ��rndustr-y" means all activities nom[ur�nti�nn aii5�I3c�S r��rn�ty—�ttsriicrr—vr—rrzcrcr befiefit, of advantage, difeetly @r- , . "Commercial/Business" means any business located and operating within the City and paying a utility service fee under this Chapter." C) individual whe Fesides within a "household" as that teizfn is defined in subseetion (A) of this. medical Serviees. Quests sta54"g evemight or- langer-at a household shall be ti-7eated as a membef of the household if the need fer-efner-geney se i fer-these individuals while Nisitifig 4 that lae ti^°. "Demand Costs" means those costs that are attributable to the burden placed upon the ambulance service by individual calls for ambulance service. Demand calls shall include costs relating to o frequency of calls, distances from hospitals, and other factors identified in a costs-of-service study conducted to assess burdens imposed on the ambulance utility. Ordinance-2 D) shall cover- eaeh effieer- and empleyee of aii industry or- business physieally leeated within of: employee ,A,hieh ar-ise within the City and whieh ar-ise while the offireef: of empleyee ip, efagaged 41 the r-egulaf eekifse or-seepe of his of her-employfaent or- is tr-aveling to the business OF the City. "Family Residential" means each single-family dwelling within the City as defined by PMC 25.12.175. E) "Industrial" means any industrial facility as permitted under Chapters 25.52 and 25.54 located and operating within the City and paying a utility service fee under this Chapter. F) "Multi-Family Residential" means each unit, space, apartment or lot available for rent or lease within a multiple dwelling unit, including, group, convalescent home, mobile or manufactured home parks and condominiums. Multi-family residential units do not include hotels, motels, rooming houses, or recreational vehicle parks, each of which are included within the "Commercial/Business" definition above. G) "Resident" means a person who utilizes a dwelling unit inside the City as a fixed abode, and is not a guest, visitor, or other temporary inhabitant. A student who is regularly enrolled in an educational institution outside the City, but who would normally and regularly be a City resident, but for attendance at such educational institution, shall be deemed to reside within the City. H) "Utility" means the City of Pasco ambulance service utility, including without limitation, all equipment, employees, agents, supplies, overhead and other associated costs incurred to deliver all regulatory and ambulance services. £I) Types of Service. To distinguish between non-emergency and emergency services, the following definitions shall apply: 1) "Emergency Medical Services" shall mean an apparent sudden need of medical attention based on injury or other unforeseen acute physical or mental event, which poses an immediate threat to life or physical well being. 2) "Transport" shall mean the movement of a patient by ambulance from the scene of an emergency to the closest appropriate hospital. 3) "Non-Transport Medical Services" shall mean where a person receives medical services or treatment by Pasco ambulance personnel and is not transported to a Ordinance-3 medical facility by the ambulance. 4) "Transfer" shall mean the movement of a patient by ambulance from or between one hospital to another, to a medical facility, to a residence, to an airport for transfer to another city, to another city or to any other designated location. (Ord. 3708 Sec 1, 2004; Ord. 3677 Sec. 2, 2004; Ord. 3433, Sec. 1, 2000; Ord. 2078 Sec. 1, 1979.) 3.05.020 ESTABLISHMENT OF AMBULANCE SERVICE. There is established an ambulance service to serve as a public utility of the City of Pasco, for the health and welfare of the residents of the City. This service shall charge rates as approved by the City Council. (Ord. 3433 Sec. 1, 2000.) 3.05.021 SCOPE OF SERVICE. A) Scope of residential ambulance utility service for both family residential and multi-family residential as defined in PMC 3.05.010, shall apply only to emergency and transport services. B) _Scope of business/commercial and industrial ambulance utility service shall cover each officer and employee of a business or industry_paying the ambulance service utility fee physically located within the City, and shall apply only to emergency and transport ambulance services involving the officer or employee which arise within the City and which arise while the officer or employee is engaged in the regular course or scope of his or her employment or is traveling to the business or industry location to commence work or is traveling from the business or industry location following the completion of work. This scope of service shall also be extended to individuals who normally and regularly reside, as patients or clients, on the premises of any business or agency devoted exclusively to the care of persons who are physically or mentally infirm, disabled or emotionally disturbed, which business or agency pays a service utility fee and is located within the City. 3.05.025 MONTHLY UTILITY SERVICE FEES AND RATES. A) Fee Formula. A monthly service utility fee for the operation of the utility shall be established from time to time by ordinance of the City Council in conformity with RCW 35.21.766. The amount of the fee shall be based upon costs of regulating ambulance services and the costs of providing ambulance utility services as determined by a costs-of-service study required by RCW 35.21.766(3). Those costs, after transport charges and ,general fund contribution, shall be divided among the City of Pasco residents and other occupants based on a calculation of demand costs and availability costs, consistent with accepted principles of utility rate setting including: 1) The rate attributable to availability costs of the utility shall be uniformly applied across all user classifications within the utility. Ordinance-4 2) The rate attributable to demand costs which shall be established and billed to each utility user classification based upon each user classification's burden on utility. The service fee charged by the utility shall reflect a combination of the rates attributed to both the availability cost and the demand cost. The resulting fee shall be assessed to identifiable use classifications. Fees shall not exceed the revenue requirements to cover the costs of utility, as authorized by the City Council by adoption of an annual budget and subsequent amendments. B) Classifications. The monthly service fee shall be determined, in part, based upon the identified types of service provided to end users including�residential, accident scene response, health care facilities senior care,_public facilities and other identified ambulance service users. The monthly service fee shall be assessed on each of the following utility user classifications: 1) Family Residential. 2) Multi-Family Residential. 3) Commercial/Business. 4) Industrial. C) Rates Formula. The resident emergency medical service rate for the transport and transfer of patients shall be distinguished from the non-resident rate which shall reflect the full costs of providing emergency medical services for each classification calculated on aver call basis. The resident rate shall be subject to a credit for the ambulance service utility fee paid by the City residents and businesses as calculated on a per call basis. This credit shall correspond to the ambulance service utility fees paid by City residents and businesses as opposed to non- residents who have not paid the utility fee. 3.05.026 COLLECTION OF MONTHLY UTILITY SERVICE FEE. The ambulance utility service fees shall be collected on a monthly basis at the rate designated in Chapter 3.07 from each owner of a residential dwelling unit (for the "family residential" classification and for the "multi-family residential" classification to the extent that each unit is separately billed for utilities) and from the owner of each commercial/business or industrial facility (for classifications other than "family residential" and separately billed "multi-family residential" units). The City Manager, or his designee, shall be responsible for the billing and collection of the utility service fee. Payment of the utility service fee shall be due and owing thirty (30) days after the billing date and shall be delinquent if not paid by the due date. 3.05.027 RESPONSIBILITY FOR UTILITY SERVICE FEE. The owner of the family-residential property and the multi-family residential property and all adult residents therein shall be jointly and severally responsible and liable for the utility service fee. The owner of each commercial/business and industrial facility shall be jointly and severally responsible and liable for the utility service fee. Notice of the utility service fee shall be sent to the applicant for Ordinance-5 sewer and/or water services at the service location, unless notarized instructions from the property owner are received by the City requesting that the property owner be billed. In all other cases the property owner shall be billed. In the event the utility service fee is included in the billiniz for water and/or sewer charges, any payments received shall be deemed to be first applied against the ambulance utility service fee. 3.05.030 AMBULANCE SERVICES FUND. There is established and created a speeial utility revenue fund to be known as the ambulance services fund to be held separate and apart from all other funds of the City. Any and all revenues received by this utility, including but not Iimited to all service fees, and all other rates, fees and charges relating to the ambulance utility, shall be credited to the ambulance services fund, along with all appropriations from the general fund for the utility. All expenditures for the regulation, operation, and maintenance, of the utility shall be paid out of the ambulance services fund. Money in the ambulance services fund to pay the east of providing-ambulai ° to City r side s whe are underinsu.°a ^r ,,nins.,,.° shall not be transferred to the general fund, nor to any other fund of the City, except as payment for services rendered by the utility. Cayital costs of the utility shall be paid only from a separate established_ account within the ambulance services fund and shall not be paid from the service fee. (Ord. 3677 Sec. 2, 2004; Ord. 3433 Sec. 1, 2000; Ord. 2078 Sec. 5, 1979.) 3.05.040 AMBULANCE SERVICE RATES. The following rate categories are established for emergency medical ambulance service: kA) BaseResident Rate for emergency transport, aiW transfer, and medical services as defined in PN4G 3.05.010 for- all per-sons r-esiding with Pasee City limAs for each resident qualifying under Section 3.05.050 below; -2B) Base Non-Resident rate for all emergent transport,ransport, transfer, and medical services for all persons whe feside outside of the City limits not qualifying as a "resident" as provided in Section 3.05.050 below; 4C) Besse Non-Transport Medical Services Rate for emergency medical services that does not result in transport to a medical facility by a Pasco ambulance; and 4D) Mileage rate for each mile or portion thereof necessary for emergency transfer or transport services from the incident or patient location to the medical facility. All rates shall be as set forth in Chapter 3.07 of this Code. (Ord. 3708 Sec 1, 2004; Ord. 3677 Sec. 2, 2004; Ord. 3646 Sec. 3, 2003; Ord. 3433 Sec. 1, 2000; Ord. 3327 Sec. 3, 1998; Ord. 3025, Sec. 1, 1994; Ord. 2627 Sec. 1, 1986.) 3.05.050 BILLING FOR AMBULANCE SE VI EMERGENCY MEDICAL SERVICES, TRANSPORT OR TRANSFER. Each person ,, he ,,.:':zee the ,,,. bul .. ° ("patient") sha4l be billed by the City at the rates set fai4h in Serstion 3.07.010. the City Manage-r- Ordinance-6 sha4l establish a pfeeedure to bill out and eelleet rates for- the ambulanee seniee. Under- t pfeeeduf;e, the City may eleet to bill the patient difeetly of bill the patient's ifisufanee , and if the patient's inser-anee does not eever all of the cests- A-f- t-hH-A 1-4--SLiGe, bill the . . balanee to the patient difeetly. The Gity may eentr-aet with a billing sefviee to bill and- eelle t for-the „nnih- lla-H e and - edirzal sen4ees receiving City emergency medical services shall be billed by the City at the rates established in Chapter 3.07. Each patient who is a City resident or is employed at and transported from a business, commercial or industrial facility within the City, shall be entitled to the resident charge conditioned upon: A) Patient supplies the City with all requested information and documentation including,_but not limited to, insurance information and medical records relevant to billing for ambulance service. B) The patient assigns to the City the patient's right to receive payments from all applicable third arty payers or an other ther party statutorily required to pay for the support of the patient. C) The patient or the owner of a business commercial, or industrial facility is not more than thirty (30) days delinquent in the payment of the monthly ambulance utility service fee. All other persons who receive City emergency medical services, shall pay the full "nonresident ambulance service charges"provided in PMC 3.07.010. (Ord. 3708 Sec. 1, 2004; Ord. 3677 Sec. 2, 2004; Ord. 3433 Sec. 1, 2000.) 3.05.070 COMPLIANCE WITH MEDICARE AND MEDICAID REQUIREMENTS. This Chapter and the charges for the ambulance service hereunder shall be construed and implemented in a manner consistent with applicable medicare and medicaid requirements. The combined ambulance service rates provided in PMC 3.05.040 shall be limited for those persons who are Medicaid eligible and who reside in a nursing facility, boarding home, adult family_home, or receive in-home services to the Medicaid benefit amount provided for ambulance transport or transfer. If any part of this Chapter is found to conflict with Medicare or Medicaid requirements, the conflicting part of this Chapter shall be inoperative to the extent of the conflict and such finding or determination shall not affect the operation of the remainder of this Chapter. (Ord. 3677 Sec. 2, 2004; Ord. 3433 Sec. 1, 2000.) 3.05.080 RECIPROCITY. Emergency and transport service as described in Section 3.05.010 of this Chapter shall be provided within the City's ambulance response and mutual aid areas to any qualifying resident of the cities of Kennewick and Richland under the terms of this Chapter provided that the patient resides in a city that provides emergency and transport ambulance services within its ,ambulance response and mutual aid areas to qualifying Pasco residents under reciprocal terms. (Ord. 3708 Sec. 1, 2004; Ord. 3677 Sec. 2, 2004; Ord. 3433 Sec. 1, 2000; Ord. 2712 Sec. 3, 1988; Ord. 2120 Sec. 1, 1979; Ord. 2078 Sec. 8, 1979.) Ordinance-7 3.05.090 SEVERABILITY. If any provisions of this Chapter or its application to any person or circumstance is held invalid, the remainder of this Chapter or the application of the provisions to other persons or circumstances is not affected, and to this end, the provisions of this Chapter are declared to be severable. (Ord. 3677 Sec. 2, 2004; Ord. 3433 Sec. 1, 2000.) Section 2. This Ordinance shall take full force and effect on January 1, 2007. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this 16*4� day of 2006. Mayor IF/1p1"-r ATTEST: APPR TO FORM: Sandy Kenwa6y Leland B. Kerr Deputy City Clerk City Attorney Ordinance-8