Township of North Brunswick, NJ
Middlesex County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Volunteer Fire Department — See Ch. 32.
Alarm systems — See Ch. 103.
[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Editor's Note: This ordinance also repealed former Ch. 164, Emergency Medical Services, which consisted of Art.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:
ADVANCED LIFE SUPPORT (ALS)
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.
BASIC LIFE SUPPORT (BLS)
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.
BASIC LIFE SUPPORT AMBULANCE SERVICE
An entity that has a valid license to provide prehospital basic support care and/or provide BLS interfacility transfers.
CERTIFICATE OF NEED
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.
COSTS
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.
EMERGENCY MEDICAL SERVICES
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.
EMERGENCY MEDICAL SERVICES PROVIDER (EMS)
Any agency that is incorporated to provide basic life support ("BLS") emergency medical services as its primary function.
EMERGENCY RESPONSE
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.
MATERIALS
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.
OFFICE OF INSPECTOR GENERAL ("OIG") EXCLUSION LIST
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.
PERSON
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.