[HISTORY: Adopted by the City Council of
the City of Brigantine as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-3-1999 by Ord. No. 2-1999]
This article shall be entitled "Fees for Emergency
Medical Services to be Charged in the City of Brigantine."
The City of Brigantine, through its Fire Department,
shall provide full-time professional emergency medical services to
citizens of, and visitors to, the City of Brigantine on a twenty-four-hour-per-day
basis throughout the year to the extent that said services are available.
[Amended 1-5-2005 by Ord. No. 38-2004; 10-1-2008 by Ord. No. 27-2008; 3-16-2011 by Ord. No. 2-2011; 9-21-2011 by Ord. No.
22-2011]
A.
Except
as may be arranged pursuant to a duly adopted emergency medical service
agreement as further set forth in this article, the fee to be charged
by the City of Brigantine for emergency medical services shall be
as follows:
(1)
A fee
of $650 for each and every incident where the City’s emergency
medical services are utilized for transportation and $14 per loaded
mile for basic life support (BLS) mileage.
(2)
A fee
of $250 for any light rescue where firefighting personnel or vehicles
are utilized. For the purpose of this subsection, light rescue shall
include, but not be limited to, battery/vehicle power control, fluid
mitigation, vehicle stabilization and use of hand tools, hazard control
and other on-scene-related light rescue operations.
(3)
A fee
of $450 for any medium rescue where firefighting personnel or vehicles
are utilized, including, but not limited to, operations that include
the use of power tools and hydraulic rescue tools to perform activities
such as opening and removing doors to provide access to victims or
other members of the public, as well as stabilizing vehicles and performing
hazard assessment.
(4)
A fee
of $800 for heavy rescue where firefighting personnel or vehicles
are utilized, including, but not limited to, any operations that include
any technical rescue procedures, such as water and ice rescue, rope
rescue, confined space rescue, high-angle rescue, trench rescue or
structural collapse rescue. This also includes motor vehicle rescue
that requires the use of power tools and hydraulic tools to perform
operations such as partial or full roof removal, front dashboard displacement,
third door access and separating vehicles from other vehicles or obstacles
such as barriers, telephone poles, street signs, traffic lights, fire
hydrants, buildings and other such items.
B.
Any such
bill for services shall be sent directly to the individual for whom
said services were provided, and a copy of said bill shall be forwarded
to said individual’s insurance carrier if such individual has
insurance coverage related to said services.
The fee individuals pay to the City of Brigantine
for providing emergency medical services shall be paid by any combination
of the following:
A.
Payment by the insurance company for service provided
to an individual who has insurance coverage for the same.
B.
Direct payments from persons for whom service has
been provided for any amount which is not covered by insurance.
C.
Payments pursuant to any service agreement with any
person, agency or other entity that have entered into an emergency
medical service agreement as further set forth in this article.
No individual needing emergency medical services
within the jurisdiction and limits of the City of Brigantine, to the
extent that services are available, shall be denied said services
on any basis whatsoever, including and not limited to residency, ability
to pay or any other factor. No person located within said City's jurisdictional
limits shall be denied emergency medical services to the extent that
the same are available.
Personnel of the Brigantine Fire Department
shall maintain accurate records of all requests for emergency medical
services within the City of Brigantine and any service calls and any
services provided in response thereto. Such records shall be maintained
on forms approved by the City Manager and shall include an authorization
for such services by the individual to whom said services are rendered
or verification from a medical establishment that said services were
necessary in instances where the individual receiving said services
is not able to authorize the same. Said records shall further include
certain patient information, including the general nature of the call,
the complete name, mailing address, telephone number, social security
number and location for transport of all individuals receiving said
emergency medical services within the City of Brigantine.
A.
Persons receiving a bill from the City of Brigantine
for emergency medical services shall be responsible for payment of
same in full to the Tax Collector of the City of Brigantine within
30 days of the date of mailing of said bill. Said thirty-day period
for payment may be extended upon proof of submission of said bill
to the individual's insurance carrier, upon which time payment shall
be due within 30 days of the receipt of said bill by said insurance
carrier but in no event later than 60 days from the date of said bill.
B.
Persons receiving emergency medical services within
the City of Brigantine who have health insurance coverage regarding
said services are required to cooperate fully with the Tax Collector
and other City personnel or agents thereof so that full payment is
secured for said services provided.
C.
In the event that any health insurance of a taxpayer
or year-round resident of the City of Brigantine does not fully cover
the amount billed by said City of Brigantine, the City will accept
such partial payment to the extent of said individual's policy limits
concerning said services, including any deductibles and coinsurance
requirements as payment in full for the services provided.
D.
In the event that a taxpayer or year-round resident
of the City of Brigantine does not have health insurance coverage
regarding said emergency medical services, payment in full shall be
required unless said individual can submit sufficient proof to the
Tax Collector in the form of an affidavit with attached tax records
indicating inability to pay the full charge. In such circumstance,
a minimum payment in an amount not less then the current customary
payment provided by Medicare for such services shall be accepted as
payment in full.
Residents of Brigantine, neighboring municipalities,
nonprofit organizations and other entities are welcome to enter into
emergency medical service agreements with the City of Brigantine in
order to receive emergency medical services as set forth in this article.
Such service agreements shall ensure the availability of emergency
medical services to any such entity willing to pay a preagreed amount
of said entity's fair share of the City of Brigantine's cost of providing
such emergency medical services. The City Council has the absolute
discretion to determine whether or not to enter into such service
agreements through the adoption of an appropriate resolution or the
authorization of the appropriate interlocal services agreement where
appropriate. Upon entering into such service agreement with any entity,
said entity shall pay the prearranged price for said services and
shall not be billed on an individual trip basis.
For purposes of this article, the following
definitions shall apply:
Any individual who is the spouse or unmarried child (natural,
adopted or stepchild) under the age of 19 years old of a taxpayer
or year-round resident as defined in this section. "Dependent" shall
also mean any unmarried child under the age of 19 years for whom the
taxpayer or year round resident has been appointed legal guardian.
"Dependent" shall also mean any individual who resides in the permanent
domicile of the taxpayer or year-round resident and is claimed as
a dependent for federal income tax purposes or who is deemed to be
a dependent under the health insurance policy which provides coverage
for emergency medical services then in effect for said taxpayer or
year-round resident.
Any individual listed on the deed of any property located
within the municipal boundaries of the City of Brigantine showing
an ownership interest in said property. In the case of a corporation
or partnership, only those individuals retaining a 25% or greater
ownership interest in said corporation or partnership shall be considered
a taxpayer. For the purposes of determining whether a 25% or greater
ownership interest exists, a duly married husband and wife may combine
their ownership interests.
Any individual residing within the municipal boundaries of
the City of Brigantine for a period of at least six months and one
day prior to the year in which emergency medical services were provided.
Verification of residency shall be based on an affidavit of the individual
to whom emergency medical services were provided or valid representative
thereof and shall include indicia of residency such as a State of
New Jersey driver's license or proof of filing of State of New Jersey
income tax return from a Brigantine address.
The City Manager may implement appropriate written
regulations to further the purpose and intent of this article.
Nothing in this article is intended to, or in
anyway, waives any immunity afforded the City of Brigantine, its Fire
Department or Police Department. This specifically includes any immunity
contained in Title 59 of the New Jersey Statutes Annotated or any
other immunity provided, whether the same be statutory or otherwise.
Any person or other entity who violates this
article may be subject to a fine of up to $1,000 and/or community
service for up to 90 days in the discretion of the Municipal Court
Judge.
