This article shall be known and may be cited as the "New Cumberland Emergency Services Cost Reimbursement Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of New Cumberland as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-6-2017 by Ord. No. 693]
As used in this article, the following terms shall have the following meanings:
The Borough of New Cumberland, Cumberland County, Pennsylvania.
One or more fire companies duly authorized by the Borough to operate within the Borough.
Response by emergency providers to fires, automobile accidents, hazardous material spills and discharges, and other emergency situations.
Firefighting, rescue, or other emergency services or combination thereof, to protect a person, the environment, infrastructure, or property by duly organized, acknowledged, and existing or lawfully providing such services in the Borough.
A document detailing the terms and conditions of a contract of insurance.
A company, organization, association, or other entity that is in the business of insurance and issued an insurance policy to a person.
An individual, organization, corporation, association, and/or property owner requiring and receiving emergency services.
This article is adopted pursuant to the authority granted by 35 P.S. § 6022.210 and other applicable Pennsylvania laws and regulations.
The Borough adopts this article to:
A.
Ensure the continued viability of the emergency providers within the Borough and to protect and promote the public health, safety and welfare by authorizing emergency providers to collect money from those who receive emergency services; and
B.
To permit financial assistance to emergency providers, who are experiencing ever-increasing financial burdens and costs, which costs have an adverse impact on the provision of emergency services in the Borough.
Any person receiving emergency services from an emergency provider shall be liable for the actual and reasonable costs incurred by the emergency providers for the services rendered.
Pursuant and subject to § 223-7, the Borough hereby authorizes emergency providers to recover, either directly or by an agent authorized by the emergency provider, the reasonable costs of emergency services provided to persons within the Borough and outside the Borough boundaries, including, but not limited to, the reasonable cost of the equipment and supplies necessarily damaged, destroyed, or used; fire extinguishing agents used or consumed in the course of mitigating fire emergencies, hazardous material spills or releases, including, but not limited to, environmental, industrial, residential and motor vehicle rescue incidents or in the performance of their authorized duties from the persons or their designated agents on whose behalf emergency providers performed services.
Emergency providers shall establish a fee schedule for the reimbursement of any fees, costs, or expenses contemplated by this article. No emergency provider shall collect or attempt to collect any reimbursement of any fees, costs, or expenses from any person or insurer prior to providing the Borough with a copy of said fee schedule.
A person receiving emergency services from one or more emergency providers shall be liable for the charges incurred by the emergency provider as a result of the emergency response and the emergency services received. When invoicing a person for emergency services, emergency providers are encouraged to do so with an itemized invoice of services provided and include on any such invoice a reference to this article and a notation recommending the person submit the invoice to the person's applicable insurer for payment or, if the person's applicable insurance information is known to the emergency providers, the invoice may be submitted directly to the applicable insurer.
In the event any person or insurer fails to pay any bill or invoice within 90 days of the mailing or delivery of such invoice, the emergency provider or a duly authorized agent acting on the emergency provider's behalf is authorized, but not required, to enforce the provisions of this article by filing a civil action at law in a court of competent jurisdiction for the collection of any amounts due to the emergency 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 or at equity.
The emergency providers shall provide a quarterly report to the Borough on or before the 15th day of the month following the close of the preceding calendar quarter. At a minimum, the report shall contain the following information:
A.
The number of incidents for that period;
B.
The number of incidents year-to-date;
C.
Total amount requested for cost recovery for that period;
D.
Total amount requested for cost recovery year-to-date;
E.
Total amount received for that period;
F.
Total amount received year-to-date; and
G.
Total number of outstanding incidents.
If any sentence, clause, section or part of this article is found to be unconstitutional, illegal, or invalid, such action shall not affect or impair any of the remaining provisions of this article.
All ordinances or parts of ordinances that are inconsistent herewith are repealed.
Nothing in this article shall be construed to affect any suit or proceeding pending in any court; or affect any rights, or any cause of action, nor shall legal right or remedy be lost, impaired or affected by this article.
This article shall become effective upon enactment.