Township of Cedar Grove, NJ Chapter 155 Health Care Facilities - Ambulance Availability Required

[[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 5-1-2023 by Ord. No. 23-911. Amendments noted where applicable.]

§ 155-1 Ambulance services required.

A. All state-licensed, long term care facilities (nursing homes), health care facilities, rest homes, health maintenance organizations and other licensed medical care providers within the Township shall be required to own, lease, rent or have immediately available by other arrangement an appropriately staffed ambulance for the transporting of patients in need of nonemergency care. The ambulance shall be available 365 days a year and 24 hours a day, and shall be utilized as primary responder. The resident director, manager, or corporate officer of such locations shall certify the availability of an appropriately staffed ambulance, and communicate the terms of the chapter to all employees involved with emergency care.

B. A duly licensed nursing home, rest home or health maintenance organization and other licensed medical care providers may request the appropriate volunteer first aid squad or rescue squad or emergency medical services agency providing emergency ambulance service to said nursing home, rest home or health maintenance organization in any situation falling within the definition of "advanced life support," as such term is defined in N.J.S.A. 26:2K-7 et seq., and applicable regulations promulgated by the New Jersey Department of Health.

§ 155-2 Proof of ambulance service.

A. All nursing homes, rest homes and health maintenance organizations and other licensed medical care providers shall file proof of the availability of an ambulance with the Township Clerk within 60 days from the final passage of this chapter and on or before September 1 of each and every year thereafter.

B. Proof of ambulance availability shall consist of a contract with an ambulance company or other documentation satisfactory to the Township Health Officer. If such vehicle is owned by the nursing home, rest home or health maintenance organization, such proof shall indicate the make, model, year, color, serial vehicle identification number, license plate number, location and ownership of said vehicle. If such vehicle is owned by a party other than the nursing home, rest home or health maintenance organization, proof shall be submitted showing the agreement under which said vehicle is available to the nursing home, rest home or health maintenance organization.

§ 155-3 False alarms.

It shall constitute a violation of this chapter for any nursing home, rest home or health maintenance organization, or any agent, servant or employee thereof, to cause any volunteer rescue squad or volunteer emergency medical services agency providing emergency ambulance service for the area in which the facility is located to respond to a false alarm. For the purposes of this chapter, "false alarm" shall be defined as any circumstance where a determination is made by a commanding police officer, mobile intensive care paramedic, emergency medical technician or mobile intensive care nurse at the scene that the situation does not meet the designated advanced life support criteria as defined by the applicable statute and regulations promulgated thereunder.

§ 155-4 Violations and penalties; enforcement.

A. Any person, firm, association, partnership, company, joint venture or corporation violating any of the provisions of this chapter shall be subject to a fine of at least $500, but not more than a fine of $5,000, for each such violation. Each day such violation continues and/or each time a volunteer first aid squad or rescue squad or emergency medical services agency providing emergency ambulance service is called to the site for nonemergency situations shall constitute a separate violation. Fines collected under this section shall be returned to the Township less court costs.

B. The Township Health Officer may, with the approval from the Township Manager, from time to time, promulgate rules and regulations supplementing this chapter in order to provide for recordkeeping and efficient management.

C. Any entity failing to provide proof of ambulance availability by the designated date shall be in violation of this chapter. The entity shall be subject to an initial fine of $1,000 with a daily penalty of $500 for each day thereafter, until such time as the proof of ambulance availability is provided.

D. Enforcement of this chapter shall be vested with the Cedar Grove Police Department and the Township of Cedar Grove Health Officer. Both are authorized to issue summonses for violation of this chapter.

§ 155-5 Inconsistencies; severability; date effective.

A. All ordinances or parts of ordinances inconsistent with this chapter are hereby repealed to the extent of such inconsistency.

B. If any section, paragraph, clause, or provision of this chapter shall be adjudged invalid, such adjudication shall only apply to that section, paragraph, clause, or provision and the remainder of this chapter shall be deemed valid and in effect.

C. This chapter shall take effect upon adoption and publication in accordance with New Jersey law but, in no event, less than 20 days after its final passage by the Township Council where such approval is required pursuant to N.J.S.A. 40:69A-181(b).