[HISTORY: Adopted by the Board of Supervisors
of Upper Merion Township as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-2-2006 by Ord. No. 2006-754]
The Upper Merion Township Board of Supervisors
by and through their authority and relationship with the aforesaid
volunteer fire and rescue services[1] hereby authorizes the recovery of the real and reasonable
costs incurred by the volunteer emergency services organization involving
any hazardous material incident, environmental incident or safety
and rescue incident, or operation, including vehicular accidents and
fires, that occur on the roadways in Upper Merion Township.
[1]
Editor's Note: The King of Prussia Volunteer
Fire Company, Swedeland Volunteer Fire Company and Swedesburg Volunteer
Fire Company.
A.
Upper Merion Township recognizes the need to bill
for volunteer fire and rescue services conducted on the roadways within
the Township to aid in the provision of emergency services.
B.
No person requiring emergency services shall be denied
services due to lack of insurance or ability to pay.
C.
Any applicable charges for volunteer emergency services
rendered shall be billed directly to the user of such services or
user's insurance company.
D.
Upper Merion Township may, either directly or through
any third-party billing agency with which it has contracted for billing
and/or collections for volunteer fire and rescue services, make arrangements
with users of such services and/or their financially responsible party
for installment payments of bills so long as Upper Merion Township
determines that: 1) the financial condition of the individual requires
such an arrangement; and 2) the individual and/or the financially
responsible party has demonstrated a willingness to make good-faith
efforts towards payment of the bill.
A.
The Upper Merion Township Board of Supervisors is
hereby authorized to enter into a contract with a third-party billing
agency and/or collection agency for performance of emergency services
billing and/or collection services, provided that the following standards
for third-party billing contracts are met.
(1)
The third-party billing service is to be provided
at a rate in accordance with any billing services agreement/contract
for service or at an amount consistent with the fair market value
for services rendered.
[Amended 3-9-2023 by Ord. No. 2023-887]
(2)
The third-party billing agency has in place a compliance
program conforming to the standards set forth in the Office of Inspector
General's Compliance Program Guidance for Third-Party Medical Billing
Companies, 63 Federal Register 70138, as amended.
(3)
Neither the billing agency nor any of its employees
are subject to exclusion from any user fee.
(4)
The billing agency is bonded and/or insured in amounts
satisfactory to Upper Merion Township.
B.
The Township may, in its discretion, bill additionally
for material, vehicle and personnel costs in the case of any major,
extraordinary or unique incidents including, but not limited to, hazardous
materials spills, fire and rescue incidents that destroy or severely
damage emergency services equipment and incidents that require services
in excess of a Level 3 incident, as described in the attached Addendum.[1]
[1]
Editor's Note: Addendum is on file in the
Township offices.
C.
User fees.
(1)
Volunteer fire and rescue services shall initiate
user fees for the delivery of emergency services, personnel, supplies
and equipment to the scene of any hazardous material incident, environmental
incident or safety and rescue incident or operation, including vehicular
accidents and fires, that occur on the roadways in Upper Merion Township.
The rate of the user fee shall be that which is usual, customary and
reasonable, as determined by the Upper Merion Township Fire and Rescue
Services Board and approved by the Upper Merion Township Board of
Supervisors, pursuant to rates established by FEMA and outlined in
the attached Policy Addendum.[2]
[2]
Editor's Note: Said Policy Addendum is on
file in Township offices.
(2)
Every person and/or utility that requires volunteer
emergency services shall be billed a user fee according to this article.
(3)
The user fee for volunteer emergency services rendered
shall be billed directly to the user of such services' insurance company,
if known, as an add-on cost. If the insurance company is not known,
the user of services shall be billed directly, with instructions to
forward the bill to his/her insurance provider. When volunteer emergency
services are rendered relating to utilities on the roadways within
Upper Merion Township and the area is deemed unsafe by emergency responders,
said utility shall be billed directly.
(4)
Any and all amounts collected as a result of this
article shall be turned over to the Township and deposited into a
designated Township revenue account and shall be distributed according
to a formula as determined by the Department of Public Safety and
approved by the Upper Merion Township Board of Supervisors for the
replacement and maintenance of emergency services materials and equipment.
[Amended 3-9-2023 by Ord. No. 2023-887]
(5)
The Upper Merion Township Board of Supervisors may
implement rules and/or regulations and/or revoke or amend existing
rules and/or regulations as may be deemed necessary for the billing
and/or collection of user fees pursuant to this article. The Board
of Supervisors, at its discretion, also reserves the right to waive
billings in certain circumstances.
[Amended 3-9-2023 by Ord. No. 2023-887]
D.
Uncollectable accounts.
[Amended 3-9-2023 by Ord. No. 2023-887]
(1)
Should the Township determine that an insurance carrier
has remitted the fee to the user involved and that the party has failed
to remit the fee to the Township, the Township will take appropriate
action in order to collect the account.
