[HISTORY: Adopted by the Mayor and Council
of the Township of North Brunswick 6-3-2019 by Ord. No. 19-13.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 164,
Emergency Medical Services, which consisted of Art. I, False Alarm
Calls from Health Care Organizations, Providers, and Practitioners,
adopted 3-20-2006 by Ord. No. 06-03.
As used herein, the following words have been defined, unless
the context otherwise indicates:
Under New Jersey's EMS system, the second level of a
two-tiered response system, usually provided by a paramedic, for critical
or life-threatening emergencies, medication administration, and advanced
care under the command of a physician. This tier is mandated by state
law to be provided by hospitals through a certificate of need. The
State Commissioner of Health is responsible for designating providers
to serve a region, where they interface with local BLS agencies.
Under New Jersey's EMS system, the first level of a
two-tiered response system, usually provided by an emergency medical
technician ("EMT"), that responds to all emergencies, administers
first aid and CPR and provides medical transport. Operated in accordance
with the standards set forth under N.J.A.C. 8:40-1.1 et seq., agencies
can be funded from a combination of donations, insurance billing and
public funding.
An entity that has a valid license to provide prehospital
basic support care and/or provide BLS interfacility transfers.
The formal written approval of the New Jersey Department
of Health and Senior Services to construct or expand a health-care
facility or to institute a new health-care service, in accordance
with requirements set forth under Hospital and Ambulatory Care Rules
N.J.A.C. 8:33-1.1 et seq.
All expenses incurred by an emergency services provider,
including but not limited to the following: actual labor costs of
personnel, workers' compensation benefits, fringe benefits and
administrative overhead; costs of equipment operation; cost of materials;
the cost of any outside contract for labor and materials; and any
other reasonably related costs. The expense of an emergency response
shall also include reasonable attorney fees and any costs incurred
in collecting those charges.
An advanced level of prehospital, interhospital, and emergency
service care, which includes basic life support functions, cardiac
monitoring, cardiac defibrillation, telemetered electrocardiography,
administration of anti-arrhythmic agents, intravenous therapy, administration
of specific medications, drugs and solutions, use of adjunctive ventilation
devices, trauma care and other techniques and procedures authorized
in writing by the Commissioner of the New Jersey State Department
of Health and Senior Services, or as such term is otherwise defined
in N.J.S.A. 26:2K-7 et seq., and applicable regulations promulgated
by the New Jersey Department of Health and Senior Services.
Any agency that is incorporated to provide basic life support
("BLS") emergency medical services as its primary function.
Providing, sending, or utilizing, through any means, emergency
medical services, rescue services, or related services, and personnel
by an emergency services provider, which may be initiated at the request
of the North Brunswick Emergency Dispatch Center, to an incident which
actually threatens or is believed to threaten, directly or indirectly,
the health, safety, or welfare of individuals or property within the
Township, or the public's health, safety, or welfare within the
Township. Such incidents shall include, but are specifically not limited
to, vehicular accidents, fires, individual medical emergencies, emergency
medical coverage during fire response activities or any hazardous
condition which threatens the property or the life or liberty of individuals
within the Township of North Brunswick.
All materials, including but not limited to medical equipment,
drugs, protective clothing and equipment, medical supplies, vehicles,
and any other equipment or materials used during an emergency response.
The OIG's list of excluded individuals/entities that
provides information to the heath-care industry, patients and the
public regarding individuals and entities currently excluded from
Medicare, Medicaid, and all other federal health-care programs.
Any public or private corporation, company, association,
society, firm, partnership, joint stock company, individual, or other
entity.
The following laws shall be enforced under this chapter:
A.
N.J.S.A. 40:5-2 et seq. — Contributions to first aid, ambulance
and rescue squads. Any county or municipality may make a voluntary
contribution of not more than $70,000 annually to any duly incorporated
first aid and emergency or volunteer ambulance or rescue squad association
of the county; or of any municipality therein, rendering service generally
throughout the county, or any of the municipalities thereof. In addition,
if any such associations experience extraordinary need, the county
or municipality may contribute an additional amount of not more than
$35,000 annually; provided, however, that the need for such additional
funds is established by the association and is directly related to
the performance of said association's duties.
B.
N.J.A.C. 8:33-1.1 et seq. — Hospital and ambulatory care rules.
C.
New Jersey Highway Traffic Safety Act[1] — enacted to reduce traffic accidents as well as
the number of deaths and injuries. Under the Act, municipalities shall
have the right to receive information on EMS providers' certifications
and ambulance inspections from the organizations providing the service.
[1]
Editor's Note: See N.J.S.A. 27:5F-18 et seq.
A.
For the purpose of the following sections herein, an EMS provider
shall mean any agency that is incorporated to provide basic life support
("BLS") as its primary service.
B.
Any EMS provider, when servicing the North Brunswick community, must
provide emergency medical response services to all persons within
the Township equally, regardless of the ability to pay.
C.
Said services will be provided in accordance with all applicable
rules, regulations, standards and laws of the State of New Jersey
and any administrative agency having necessary and proper jurisdiction
to promulgate and adopt rules and regulations applicable to the provision
of such services and other applicable activities.
D.
Township officials will not take any action to direct members of
an EMS provider at any emergency scene.
E.
Any EMS provider, when servicing the North Brunswick community, will
be required to work in cooperation with the North Brunswick Fire Department,
Police Department and the Office of Emergency Management.
F.
The EMS provider will be responsible for having properly trained
crew members that are able to promote teamwork while working at an
emergency scene.
To be considered for receiving a municipal contribution in any
given year, an EMS provider, when servicing the North Brunswick community,
must respond and provide service within the Township in such a manner
that other areas or municipalities are secondary and identified as
a mutual aid response.
Any EMS provider, when servicing the North Brunswick community,
will be required to submit quarterly, at the request of Township officials,
reports concerning the operation of services provided. Such reports
will include but not be limited to detailing the following:
A.
Number of emergency response calls.
B.
Types of emergency response calls.
C.
Total hours of billable service performed.
D.
Number of mutual aid calls provided and received.
E.
Response times.
F.
Number of patients served and destinations (identified by municipal
official/emergency volunteer/resident or nonresident).
G.
Listing of standby service provided.
H.
Listing of special events covered, conducted and/or having provided
participation.
A.
Any EMS provider, when servicing the North Brunswick community, shall
operate and utilize any and all equipment and apparatus in its possession
for civic purposes, including emergency medical and rescue response
services, in accordance with any rules or regulations that may be
adopted from time to time by the Township.
B.
The EMS provider will maintain and operate the vehicles and equipment
in its possession in a safe manner and will take all necessary steps
to ensure the proper training of members for the safe operation of
equipment.
C.
All vehicles operated by an EMS provider will be prominently and
similarly marked and identified as an emergency service vehicle.
Any EMS provider, when servicing the North Brunswick community,
shall be responsible for the payment of all costs related to the proper
maintenance and repair of all emergency medical and rescue response
equipment and apparatus used by the provider.
A.
Any EMS provider, when servicing the North Brunswick community, shall
be able to demonstrate they have adequate insurance coverage, as may
be legally required, including but not limited to the following policies:
commercial auto, accident and sickness, workers' compensation
for paid staff, general liability and a portfolio insurance protection
plan designed for an emergency service organization.
B.
Coverage shall be adequate to insure the EMS provider against liability
or claims arising out of, occasioned by or resulting from any accident,
personal injury or damage to property arising out of the performance
of emergency medical and rescue response services.
C.
The limits of said policies shall be in amounts deemed appropriate
by the Township's Risk Manager and the Joint Insurance Fund the
Township participates in.
A.
Any EMS provider shall be responsible to pay for all fuel consumed
in the operation of emergency service vehicles while performing emergency
medical and rescue response services.
B.
Should the EMS provider utilize a municipal fueling station, the
Township shall invoice the provider for the consumption based on the
municipality's actual fuel cost.
C.
The EMS provider shall not be charged administrative or usage fees.
Any EMS provider, when servicing the North Brunswick community,
shall submit annually a copy of the agency's financial documents
to the Township Business Administrator, setting out and describing
their financial condition to the satisfaction of the Township Business
Administrator. The accounting shall report on the prior year's
fiscal activity.
A.
Person causing incident liable for cost. Any person who causes, by
act or omission, or is otherwise responsible for, the incident which
caused the emergency response, including the owner of real or personal
property from which the incident occurs, shall be liable for the payment
of all costs incurred by an EMS provider as a result of such emergency
response.
B.
Schedule of fees, costs, and expenses. The EMS provider shall be
responsible for establishing a fee schedule for any fees, costs, and
expenses, collectively known as "charges" or "billing rate schedule."
C.
Collection of fees, costs, and expenses. The charges shall be recovered
directly by the EMS provider by direct billing, or by an attorney,
collection service, or other agency contracted with and by the EMS
provider for the collection of such sums. In addition to these charges,
the EMS provider shall also be authorized to collect reasonable interest
and administration expenses involved in collecting said charges.
D.
A current copy of the billing rate schedule shall be provided and
on file with the Township.
E.
The EMS provider must receive approval from the Mayor and/or Township
Business Administrator for collection language that is to appear on
a resident's statement.
F.
Enforcement. In the event that any insurance carrier (including Medicare/Medicaid)
or person fails to pay any bill or invoice within 30 days of the mailing
or delivery of such notice of charges, and is not a municipal resident,
the EMS provider shall directly, or any attorney, collection service,
or other agency contracted with and by the EMS provider, who mailed
or delivered the bill or invoice may, file a civil action at law in
a court of competent jurisdiction for the collection of any amounts
due to the EMS provider, together with any statutory interest, court
costs, collection and/or administration fees, and reasonable attorneys'
fees. The remedies provided herein shall be in addition to any other
relief, remedies, or penalties that may be appropriate and provided
by law.
G.
If the EMS provider receives a municipal stipend, this shall represent
the uncollected, out-of-pocket copayment on behalf of a bona fide
municipal resident, and the provider will send a written notification
to the resident of the account when it has been satisfied.
A.
The Township shall include within its annual municipal budget, at
minimum, $105,000 as a municipal contribution stipend to be divided
and distributed to EMS providers that primarily are incorporated to
service North Brunswick.
B.
Funding will be distributed on a quarterly basis, minus any amounts
due payable to the Township for fuel or other municipal fees.
C.
The municipal contribution shall serve as payment to the EMS provider
in a lump sum representing all uncollected, deductible and out-of-pocket
amounts owed to the provider at the end of any calendar year, for
basic life support emergency ambulance services received by bona fide
Township residents in the previous calendar year. A provider accepting
this contribution has been recognized as being acceptable under applicable
federal law by the Office of Inspector General, U.S. Department of
Health and Human Services ("OIG"), pursuant to OIG Advisory Opinion
14-09 for Township residents.
D.
The municipal contribution shall also serve as payment to the EMS
provider in a lump sum representing amounts owed to the EMS provider
for basic life support emergency ambulance services received by North
Brunswick municipal officials and emergency volunteer staff, when
services were provided as the result of a work-related event.
E.
For an EMS provider that is physically located within the municipality,
the Township shall waive property taxes annually, as a municipal contribution
to the EMS provider, regardless of whether they are incorporated as
volunteer or nonprofit, so long as they are primarily incorporated
to service North Brunswick.
F.
For an EMS provider that is physically located within the municipality,
the Township shall waive municipal water and sewer charges, as a municipal
contribution to the EMS provider, so long as they are primarily incorporated
to service North Brunswick.
G.
For an EMS provider that is physically located within the municipality,
the Township shall waive refuse and recycling charges, as a municipal
contribution to the EMS provider, so long as they are primarily incorporated
to service North Brunswick. Excluded from municipal disposal shall
be any construction debris, medical waste, biohazardous containers,
needles or pharmaceutical waste.
H.
For an EMS provider that is physically located within the municipality,
the Township shall provide snow removal services for their parking
lot and as an assist in transport efforts, as a municipal contribution
to the EMS provider, so long as they are primarily incorporated to
service North Brunswick.
I.
The Township shall budget, at minimum, $25,000 annually, to be paid
on a dollar-for-dollar basis, based on the EMS fee schedule, when
the EMS provider attends a municipal or school-sponsored event within
the Township.
J.
The Township shall budget, and provide a workers' compensation
policy for volunteer members of an EMS provider primarily incorporated
to service North Brunswick. It shall be incumbent upon the EMS provider
to maintain an up-to-date member list with the municipal official
designated to oversee the policy, and to ensure coverage of their
volunteer staff.
K.
EMS providers that primarily are incorporated to service North Brunswick
shall be able to submit capital funding requests to the municipality
in April of each fiscal year. While no commitment will made in advance
for approval of funding, providers will be given consideration each
year based on the needs of their organization and that of the municipality.
A.
Any EMS provider, when servicing the North Brunswick community, shall
provide the Township Emergency Management Coordinator with a current
copy of its Standard Operating Guidelines for inclusion in the Township
Emergency Operations Plan and will provide, as updated, Standard Operating
Guidelines for inclusion in the plan, from time to time, as such are
modified.
B.
The EMS provider designee may be required to meet quarterly, or as
determined by the Township officials to review the coordination and
delivery of emergency services (Police, Fire, OEM) and the coordination
of emergency preparedness.
A.
Any EMS provider, when servicing the North Brunswick community, shall
conduct criminal background checks, to be performed by the New Jersey
State Police, on all prospective members before a person can provide
service to the community and be admitted to membership in the EMS
provider's agency.
B.
The EMS provider will verify that no prospective or current members
are included within the list of excluded individuals and entities
published by the OIG (the "OIG exclusion list"). Any individual whose
name appears on the OIG exclusion list will not be allowed to participate
as a member of the EMS provider.
C.
Any EMS provider, when servicing the North Brunswick community, shall
annually provide the Township with updated rosters detailing the names
and titles for each EMS provider member.
D.
The EMS provider shall notify the Township and/or any Public Safety
Director, as may be appointed from time to time, and OEM when changes
to the membership roster occur.
Indemnification against the Township under this article shall
apply to the following, among other things (the listing of which is
not intended to limit in any way the scope of indemnification):
A.
Liability for an injury or death resulting from the exercise of judgment
or discretion vested in an emergency medical provider.
B.
Liability for the exercise of discretion in determining whether to
seek or whether to provide the resources necessary for the purchase
of equipment, the construction or maintenance of facilities, the hiring
of personnel and, in general, for the provision of providing adequate
emergency medical services.
C.
Liability arising out of the acts or omissions of an emergency medical
provider in carrying out his or her ministerial functions.
Indemnification under this article shall not apply, however,
to any liability for an act or omission constituting a crime, actual
fraud, actual malice or willful misconduct. "Willful misconduct,"
as used in this article, includes but is not limited to acting knowingly
and clearly outside the scope of one's authority.
The indemnity provided by this article shall apply only in excess
of all insurance, regardless of the ownership of such insurance, against
any loss or losses covered by the indemnity provided by this article.
