NY State Senate Bill S3685B

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Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (19)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2020	referred to local governments delivered to assembly passed senate
Jan 15, 2020	advanced to third reading
Jan 14, 2020	2nd report cal.
Jan 13, 2020	1st report cal.55
Jan 08, 2020	referred to local government returned to senate died in assembly
Jun 14, 2019	referred to local governments delivered to assembly passed senate
Jun 11, 2019	amended on third reading (t) 3685b
May 08, 2019	advanced to third reading
May 07, 2019	2nd report cal.
May 06, 2019	1st report cal.567
Apr 10, 2019	print number 3685a
Apr 10, 2019	amend and recommit to local government
Feb 12, 2019	referred to local government

Votes

view votes

Jul 21, 2020 - floor Vote

S3685B

floor

Aye

Nay

Absent

Excused

Abstained

Jan 13, 2020 - Local Government committee Vote

S3685B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Local Government committee vote details

Local Government Committee Vote: Jan 13, 2020

aye (4)

aye wr (2)

excused (1)

Amedore

Jun 14, 2019 - floor Vote

S3685B

floor

Aye

Nay

Absent

Excused

Abstained

May 6, 2019 - Local Government committee Vote

S3685A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: May 6, 2019

aye (4)

aye wr (3)

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S3685 - Details

See Assembly Version of this Bill:: A1778
Law Section:: General Municipal Law
Laws Affected:: Amd §§209-b & 122-b, Gen Muni L; amd §184, Town L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4310
2011-2012: S4856, A7291
2013-2014: S3262, A4113
2015-2016: S1914, A3721
2017-2018: S363, A3100, A7717
2021-2022: S1286, A534

S3685 - Summary

Provides that authorities having control of a fire department or fire company which provides emergency medical services may establish fees and charges for services.

S3685 - Sponsor Memo

 
BILL NUMBER: S3685

SPONSOR: BROOKS
 
TITLE OF BILL:  An act to amend the general municipal law and the town
law, in relation to authorizing fees and charges for emergency medical
services; and to amend the insurance law, in relation to payments to
prehospital emergency medical services providers

 
PURPOSE:

The purpose of this bill is to allow fire departments to charge for
providing emergency medical services, which at this time is prohibited.

 
SUMMARY OF PROVISIONS:

Section 1. this bill amends section 209-b (4) of the General Municipal
Law to remove the prohibition of fire department emergency medical bill-
ing.

Section 2. amends. section 122-b (1)(e) of the General Municipal Law to
comply with section 1 of this law.

Section 3. amends section 184(1) of the town law in order to authorize
contracting with fire department emergency medical service units.

Section 4. amends section 3224-a of the insurance law to allow insurance
companies to make payments to fire departments or services rendered by
contracted emergency services.

Section 5. amends section 3216 of the insurance law to authorize insur-
ance providers to make direct payments to payments to emergency service
providers.

Section 6. amends section 3221 of the insurance law to comply with
section 5 of this law. Section 7. amends section 4303 of the insurance
law to comply with section 5 of this law. Section 8 is the enacting
clause and contains the dates of enactment.

 
JUSTIFICATION:

Paragraph 4 of section 209-b of the General Municipal Law prohibits any
ambulance service which is run as part of a fire department from charg-
ing a fee for such service. Ever ottlq, emergency medical provider in
the state is allowed to charge for such service. If ekaliej,This bill
would simply allow fire departments to recover costs for services
rendered. The ever-increasing costs of state mandates, coupled with
increases in equipment and personnel costs have led many municipality
and volunteer ambulance providers to charge for this very costly
service. If the ambulance is provided through a police department, ambu-
lance department, volunteer ambulance corps, or even contracted with a
proprietary/for-profit service, a fee can be charged. However, if the
service is rendered by a fire department, no fee may be charged. This
legislation would not require any fee to be established, but would offer
municipalities and volunteer fire companies the opportunity to recover
these ever increasing, mandated costs.

 
FISCAL IMPLICATIONS:

No fiscal impact
 
LOCAL FISCAL IMPLICATIONS:

No fiscal impact

 
EFFECTIVE DATE:
Ninety days after it shall have become law, except sections 4, 5, 6, and
7, which shall take effect January 1, 2021.

S3685 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3685

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 12, 2019
                               ___________

Introduced  by  Sens.  BROOKS, LITTLE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law and the town law, in  relation
  to authorizing fees and charges for emergency medical services; and to
  amend  the insurance law, in relation to payments to prehospital emer-
  gency medical services providers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision 4 of section 209-b of the general municipal
law, as amended by chapter 718 of the laws of 1958, is amended  to  read
as follows:
  4. Fees and charges [prohibited] AUTHORIZED.  (A) emergency and gener-
al  ambulance service, INCLUDING EMERGENCY MEDICAL SERVICE AS DEFINED IN
SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW, authorized pursuant
to this section [shall] MAY be furnished  without  cost  to  the  person
served; PROVIDED, HOWEVER, THAT THE AUTHORITIES HAVING CONTROL OF A FIRE
DEPARTMENT  OR FIRE COMPANY THAT HAVE AUTHORIZED SUCH FIRE DEPARTMENT OR
FIRE COMPANY TO PROVIDE SUCH SERVICE OR SERVICES MAY FIX A  SCHEDULE  OF
FEES  OR  CHARGES  TO  BE  PAID  BY  PERSONS  REQUESTING SUCH SERVICE OR
SERVICES. THE AUTHORITIES HAVING CONTROL OF A FIRE  DEPARTMENT  OR  FIRE
COMPANY MAY PROVIDE FOR THE COLLECTION OF FEES AND CHARGES OR MAY FORMU-
LATE  RULES  AND  REGULATIONS  FOR  THE  COLLECTION  THEREOF BY THE FIRE
DEPARTMENT OR FIRE COMPANY. WHEN FEES AND CHARGES ARE AUTHORIZED  PURSU-
ANT  TO  THIS  SUBDIVISION,  THE  FEES  AND  CHARGES  COLLECTED SHALL BE
DISBURSED IN ACCORDANCE WITH A WRITTEN CONTRACT ENTERED INTO BETWEEN THE
AUTHORITY HAVING CONTROL OF A FIRE DEPARTMENT OR FIRE  COMPANY  AND  THE
FIRE  DEPARTMENT  OR FIRE COMPANY ITSELF.  The acceptance by any fireman
of any personal remuneration or gratuity, directly or indirectly, from a
person served shall be a ground for his expulsion  or  suspension  as  a
member of the fire department or fire company.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02799-02-9

S. 3685                             2

  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, A BASIC LIFE SUPPORT SERVICE WHICH ESTABLISHES A SCHEDULE OF  FEES
FOR  SERVICE SHALL ENTER INTO A CONTRACT WITH A PROVIDER OR PROVIDERS OF
ADVANCED LIFE SUPPORT SERVICES TO PROVIDE  SUCH  ADVANCED  LIFE  SUPPORT
SERVICES.  SUCH  CONTRACT  SHALL  AT  A  MINIMUM  ESTABLISH THE FEES FOR
ADVANCED LIFE SUPPORT SERVICES AND THE MEANS BY WHICH SAID PROVIDER WILL
BE REIMBURSED WHEN THE AMBULANCE SERVICE  BILLS  FOR  EMERGENCY  MEDICAL
SERVICE.
  §  2.  Paragraph  (e) of subdivision 1 of section 122-b of the general
municipal law, as amended by chapter 303 of the laws of 1980, is amended
to read as follows:
  (e) [No] A contract [shall]  MAY  be  entered  into  pursuant  to  the
provisions  of  this section for the services of an emergency rescue and
first aid squad of a fire department or fire company which is subject to
the provisions of section two hundred nine-b of [the  general  municipal
law] THIS CHAPTER;
  § 3. Subdivision 1 of section 184 of the town law, as amended by chap-
ter 599 of the laws of 1994, is amended to read as follows:
  1.  Whenever  the town board shall have established or extended a fire
protection district pursuant to the provisions of this article, the town
board shall provide for the furnishing of  fire  protection  within  the
district  and  for that purpose may (a) contract with any city, village,
fire district or incorporated  fire  company  maintaining  adequate  and
suitable  apparatus and appliances for the furnishing of fire protection
in such district or (b) may acquire by gift or purchase  such  apparatus
and  appliances for use in such district and may contract with any city,
village, fire district or incorporated fire company for operation, main-
tenance, and  repair  of  the  same  and  for  the  furnishing  of  fire
protection  in such district, or both. The contract may also provide for
the furnishing of (1) emergency service in case of accidents, calamities
or other emergencies in connection with which the services of firefight-
ers would be required and (2) general ambulance service subject,  howev-
er,  to  the  provisions  of  section  two hundred nine-b of the general
municipal law. In the event that the fire  department  or  fire  company
furnishing fire protection within the district pursuant to contract does
not  maintain  and  operate an ambulance then a separate contract may be
made for the furnishing  within  the  district  of  emergency  ambulance
service or general ambulance service, or both, with any city, village or
fire district the fire department of which, or with an incorporated fire
company  having  its  headquarters outside the district which, maintains
and operates an ambulance subject, however, in the case of general ambu-
lance service, to the provisions of section two hundred  nine-b  of  the
general municipal law, or with an ambulance service, certified or regis-
tered pursuant to article thirty of the public health law[, which is not
organized  under  the  provisions  of  section two hundred nine-b of the
general municipal law].  Any  such  contract  with  any  such  ambulance
service  permitted  herein  shall  be  subject to the provisions of this
section.
  § 4. Section 3224-a of the insurance law is amended by  adding  a  new
subsection (k) to read as follows:
  (K)  PAYMENTS  TO  NONPARTICIPATING OR NONPREFERRED PROVIDERS OF AMBU-
LANCE SERVICES LICENSED UNDER ARTICLE THIRTY OF THE PUBLIC  HEALTH  LAW.
(1)  WHENEVER  AN INSURER OR AN ORGANIZATION, OR CORPORATION LICENSED OR
CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER
OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW PROVIDES THAT ANY  HEALTH
CARE  CLAIMS  SUBMITTED  UNDER CONTRACTS OR AGREEMENTS ISSUED OR ENTERED

S. 3685                             3

INTO PURSUANT TO THIS  ARTICLE  OR  ARTICLE  FORTY-TWO,  FORTY-THREE  OR
FORTY-SEVEN  OF THIS CHAPTER AND ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH
LAW ARE PAYABLE TO A PARTICIPATING OR PREFERRED  PROVIDER  OF  AMBULANCE
SERVICES  FOR  SERVICES  RENDERED,  THE INSURER, ORGANIZATION, OR CORPO-
RATION LICENSED OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE  OR  FORTY-
SEVEN  OF  THIS  CHAPTER  OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW
SHALL BE REQUIRED TO PAY SUCH BENEFITS EITHER DIRECTLY TO ANY  SIMILARLY
LICENSED  NONPARTICIPATING  OR  NONPREFERRED  PROVIDER  AT THE USUAL AND
CUSTOMARY CHARGE, WHICH SHALL NOT BE EXCESSIVE OR UNREASONABLE, WHEN THE
PROVIDER HAS RENDERED SUCH SERVICES, HAS A WRITTEN ASSIGNMENT  OF  BENE-
FITS,  AND  HAS  CAUSED WRITTEN NOTICE OF SUCH ASSIGNMENT TO BE GIVEN TO
THE INSURER, ORGANIZATION, OR CORPORATION LICENSED OR CERTIFIED PURSUANT
TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTICLE  FORTY-
FOUR  OF  THE  PUBLIC  HEALTH LAW OR JOINTLY TO SUCH NONPARTICIPATING OR
NONPREFERRED PROVIDER AND TO THE INSURED, SUBSCRIBER, OR  OTHER  COVERED
PERSON;  PROVIDED,  HOWEVER,  THAT IN EITHER CASE THE INSURER, ORGANIZA-
TION, OR CORPORATION LICENSED OR CERTIFIED PURSUANT  TO  ARTICLE  FORTY-
THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE PUBLIC
HEALTH  LAW  SHALL BE REQUIRED TO SEND SUCH BENEFIT PAYMENTS DIRECTLY TO
THE PROVIDER WHO HAS  THE  WRITTEN  ASSIGNMENT.  WHEN  PAYMENT  IS  MADE
DIRECTLY  TO  A  PROVIDER  OF  AMBULANCE  SERVICES AS AUTHORIZED BY THIS
SECTION, THE INSURER, ORGANIZATION, OR CORPORATION LICENSED OR CERTIFIED
PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR  ARTI-
CLE  FORTY-FOUR  OF  THE  PUBLIC HEALTH LAW SHALL GIVE WRITTEN NOTICE OF
SUCH PAYMENT TO THE INSURED, SUBSCRIBER, OR OTHER COVERED PERSON.
  (2)  AN  INSURER  SHALL  PROVIDE  REIMBURSEMENT  FOR  THOSE   SERVICES
PRESCRIBED  BY  THIS SECTION AT RATES NEGOTIATED BETWEEN THE INSURER AND
THE PROVIDER OF SUCH SERVICES. IN THE ABSENCE OF AGREED UPON  RATES,  AN
INSURER  SHALL  PAY FOR SUCH SERVICES AT THE USUAL AND CUSTOMARY CHARGE,
WHICH SHALL NOT BE EXCESSIVE OR UNREASONABLE.
  (3) NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO PROHIBIT  THE
PAYMENT  OF  DIFFERENT  LEVELS OF BENEFITS OR FROM HAVING DIFFERENCES IN
COINSURANCE  PERCENTAGES  APPLICABLE  TO  BENEFIT  LEVELS  FOR  SERVICES
PROVIDED BY PARTICIPATING OR PREFERRED PROVIDERS AND NONPARTICIPATING OR
NONPREFERRED PROVIDERS.
  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO POLICIES THAT DO NOT
INCLUDE COVERAGE FOR AMBULANCE SERVICES.
  §  5.  Subparagraphs  (C) and (D) of paragraph 24 of subsection (i) of
section 3216 of the insurance law, as added by chapter 506 of  the  laws
of 2001, are amended to read as follows:
  (C)   An  insurer  shall  provide  reimbursement  for  those  services
prescribed by this section at rates negotiated between the  insurer  and
the  provider  of such services. In the absence of agreed upon rates, an
insurer shall pay for such services at the usual and  customary  charge,
which  shall  not  be excessive or unreasonable.  THE INSURER SHALL SEND
SUCH PAYMENTS DIRECTLY TO THE PROVIDER OF SUCH  AMBULANCE  SERVICES,  IF
THE  AMBULANCE  SERVICE INCLUDES AN EXECUTED ASSIGNMENT OF BENEFITS FORM
WITH THE CLAIM.
  (D) The provisions of this paragraph  shall  have  no  application  to
transfers  of patients between hospitals or health care facilities by an
ambulance service as described in subparagraph  (A)  of  this  paragraph
UNLESS SUCH SERVICES ARE COVERED UNDER THE POLICY.
  §  6.  Subparagraphs  (C) and (D) of paragraph 15 of subsection (l) of
section 3221 of the insurance law, as added by chapter 506 of  the  laws
of 2001, are amended to read as follows:

S. 3685                             4

  (C)   An  insurer  shall  provide  reimbursement  for  those  services
prescribed by this section at rates negotiated between the  insurer  and
the  provider  of such services. In the absence of agreed upon rates, an
insurer shall pay for such services at the usual and  customary  charge,
which  shall  not  be excessive or unreasonable.  THE INSURER SHALL SEND
SUCH PAYMENTS DIRECTLY TO THE PROVIDER OF SUCH  AMBULANCE  SERVICES,  IF
THE  AMBULANCE  SERVICE INCLUDES AN EXECUTED ASSIGNMENT OF BENEFITS FORM
WITH THE CLAIM.
  (D) The provisions of this paragraph  shall  have  no  application  to
transfers  of patients between hospitals or health care facilities by an
ambulance service as described in subparagraph  (A)  of  this  paragraph
UNLESS SUCH SERVICES ARE COVERED UNDER THE POLICY.
  §  7.  Paragraphs  3  and  4 of subsection (aa) of section 4303 of the
insurance law, as added by chapter 506 of the laws of 2001, are  amended
to read as follows:
  (3)   An  insurer  shall  provide  reimbursement  for  those  services
prescribed by this section at rates negotiated between the  insurer  and
the  provider  of such services. In the absence of agreed upon rates, an
insurer shall pay for such services at the usual and  customary  charge,
which  shall  not  be excessive or unreasonable.  THE INSURER SHALL SEND
SUCH PAYMENTS DIRECTLY TO THE PROVIDER OF SUCH  AMBULANCE  SERVICES,  IF
THE  AMBULANCE  SERVICE INCLUDES AN EXECUTED ASSIGNMENT OF BENEFITS FORM
WITH THE CLAIM.
  (4) The provisions of this subsection shall  have  no  application  to
transfers  of patients between hospitals or health care facilities by an
ambulance service as described  in  paragraph  one  of  this  subsection
UNLESS SUCH SERVICES ARE COVERED UNDER THE POLICY.
  §  8.  This  act shall take effect on the ninetieth day after it shall
have become a law, except that sections four, five,  six  and  seven  of
this  act  shall  take effect January 1, 2021, and shall apply to health
care claims submitted on or after such date.

Co-Sponsors

S3685A - Details

See Assembly Version of this Bill:: A1778
Law Section:: General Municipal Law
Laws Affected:: Amd §§209-b & 122-b, Gen Muni L; amd §184, Town L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4310
2011-2012: S4856, A7291
2013-2014: S3262, A4113
2015-2016: S1914, A3721
2017-2018: S363, A3100, A7717
2021-2022: S1286, A534

S3685A - Summary

Provides that authorities having control of a fire department or fire company which provides emergency medical services may establish fees and charges for services.

S3685A - Sponsor Memo

 
BILL NUMBER: S3685A

SPONSOR: BROOKS
 
PURPOSE:

The purpose of this bill is to allow fire departments to charge for
providing emergency medical services, which at this time is prohibited.

 
SUMMARY OF PROVISIONS:

Section 1. this bill amends section 209-b (4) of the General Municipal
Law to remove the prohibition of fire department emergency medical bill-
ing and allow fire departments to fix schedules of fees for individuals
using their services. Requires providers of basic life support services
to create contracts with providers of advanced life support services.
Requires the use of ALS Rural Intercept Fees if services are furnished
in designated rural areas.

Section 2. amends section 122-b (1)(e) of the General Municipal Law to
comply with section 1 of this law.

Section 3. amends section 184(1) of the Town Law in order to authorize

contracting with fire department emergency medical service units.

Section 4. is the enacting clause.

 
JUSTIFICATION:

Paragraph 4 of section 209-b of the General Municipal Law prohibits any
ambulance service which is run as part of a fire department from charg-
ing a fee for such service. Every other emergency medical provider in
the state is allowed to charge for their services, as are volunteer fire
departments in every other state. There is no discernible difference
between the life-saving and essential medical services provided by
volunteer firefighters and those rendered by any other group. This
discrepancy results in significant revenue loss, thus suppressing the
level of participation in service and creating gaps in coverage in
certain geographic areas.

If enacted, this bill would simply allow fire departments to recover
costs for services rendered. The ever-increasing costs faced by EMS
providers from state mandates, equipment needs, and personnel have led
many municipalities and volunteer ambulance providers to charge for this
very costly service. If the ambulance is provided through a police
department, ambulance department, volunteer ambulance corps, or even
contracted with a proprietary/for-profit service, a fee can be charged.
However, if the service is rendered by a fire department, no fee may be
charged. This legislation would not require any fee to be established
but would offer municipalities and volunteer fire companies the opportu-
nity to recover these ever-increasing mandated costs.

This legislation is a long overdue need for firefighters across the
state and will likely save millions of dollars for local taxpayer s who
will no longer be responsible for the full cost of the funding gap.

 
FISCAL IMPLICATIONS:

None to the state.

 
LOCAL FISCAL IMPLICATIONS:

Estimated local tax savings of $100,000,000.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law, except that sections four, five, six and seven of this act
shall take effect January 1, 2022, and shall apply to health care claims
submitted on or after such date.

S3685A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3685--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 12, 2019
                               ___________

Introduced  by  Sens.  BROOKS, LITTLE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local  Government
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the general municipal law and the town law, in  relation
  to authorizing fees and charges for emergency medical services; and to
  amend  the insurance law, in relation to payments to prehospital emer-
  gency medical services providers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision 4 of section 209-b of the general municipal
law, as amended by chapter 476 of the laws of 2018, is amended  to  read
as follows:
  4. Fees and charges [prohibited] AUTHORIZED.  (A) Emergency and gener-
al  ambulance service, INCLUDING EMERGENCY MEDICAL SERVICE AS DEFINED IN
SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW, authorized pursuant
to this section [shall] MAY be furnished  without  cost  to  the  person
served; PROVIDED, HOWEVER, THAT THE AUTHORITIES HAVING CONTROL OF A FIRE
DEPARTMENT  OR FIRE COMPANY THAT HAVE AUTHORIZED SUCH FIRE DEPARTMENT OR
FIRE COMPANY TO PROVIDE SUCH SERVICE OR SERVICES MAY FIX A  SCHEDULE  OF
FEES  OR  CHARGES  TO  BE  PAID  BY  PERSONS  REQUESTING SUCH SERVICE OR
SERVICES. THE AUTHORITIES HAVING CONTROL OF A FIRE  DEPARTMENT  OR  FIRE
COMPANY MAY PROVIDE FOR THE COLLECTION OF FEES AND CHARGES OR MAY FORMU-
LATE  RULES  AND  REGULATIONS  FOR  THE  COLLECTION  THEREOF BY THE FIRE
DEPARTMENT OR FIRE COMPANY. WHEN FEES AND CHARGES ARE AUTHORIZED  PURSU-
ANT  TO  THIS  SUBDIVISION,  THE  FEES  AND  CHARGES  COLLECTED SHALL BE
DISBURSED IN ACCORDANCE WITH A WRITTEN CONTRACT ENTERED INTO BETWEEN THE
AUTHORITY HAVING CONTROL OF A FIRE DEPARTMENT OF FIRE  COMPANY  AND  THE
FIRE  DEPARTMENT  OR  FIRE COMPANY ITSELF.   The acceptance by any fire-
fighter of any personal remuneration or gratuity, directly or  indirect-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02799-04-9

S. 3685--A                          2

ly,  from  a person served shall be a ground for his or her expulsion or
suspension as a member of the fire department or fire company.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, A BASIC LIFE SUPPORT SERVICE WHICH ESTABLISHES A SCHEDULE OF  FEES
FOR  SERVICE SHALL ENTER INTO A CONTRACT WITH A PROVIDER OR PROVIDERS OF
ADVANCED LIFE SUPPORT SERVICES TO PROVIDE  SUCH  ADVANCED  LIFE  SUPPORT
SERVICES.  SUCH  CONTRACT  SHALL  AT  A  MINIMUM  ESTABLISH THE FEES FOR
ADVANCED LIFE SUPPORT SERVICES AND THE MEANS BY WHICH SAID PROVIDER WILL
BE REIMBURSED WHEN THE AMBULANCE SERVICE  BILLS  FOR  EMERGENCY  MEDICAL
SERVICE.
  §  2.  Paragraph  (e) of subdivision 1 of section 122-b of the general
municipal law, as amended by chapter 303 of the laws of 1980, is amended
to read as follows:
  (e) [No] A contract [shall]  MAY  be  entered  into  pursuant  to  the
provisions  of  this section for the services of an emergency rescue and
first aid squad of a fire department or fire company which is subject to
the provisions of section two hundred nine-b of [the  general  municipal
law] THIS CHAPTER;
  § 3. Subdivision 1 of section 184 of the town law, as amended by chap-
ter 599 of the laws of 1994, is amended to read as follows:
  1.  Whenever  the town board shall have established or extended a fire
protection district pursuant to the provisions of this article, the town
board shall provide for the furnishing of  fire  protection  within  the
district  and  for that purpose may (a) contract with any city, village,
fire district or incorporated  fire  company  maintaining  adequate  and
suitable  apparatus and appliances for the furnishing of fire protection
in such district or (b) may acquire by gift or purchase  such  apparatus
and  appliances for use in such district and may contract with any city,
village, fire district or incorporated fire company for operation, main-
tenance, and  repair  of  the  same  and  for  the  furnishing  of  fire
protection  in such district, or both. The contract may also provide for
the furnishing of (1) emergency service in case of accidents, calamities
or other emergencies in connection with which the services of firefight-
ers would be required and (2) general ambulance service subject,  howev-
er,  to  the  provisions  of  section  two hundred nine-b of the general
municipal law. In the event that the fire  department  or  fire  company
furnishing fire protection within the district pursuant to contract does
not  maintain  and  operate an ambulance then a separate contract may be
made for the furnishing  within  the  district  of  emergency  ambulance
service or general ambulance service, or both, with any city, village or
fire district the fire department of which, or with an incorporated fire
company  having  its  headquarters outside the district which, maintains
and operates an ambulance subject, however, in the case of general ambu-
lance service, to the provisions of section two hundred  nine-b  of  the
general municipal law, or with an ambulance service, certified or regis-
tered pursuant to article thirty of the public health law[, which is not
organized  under  the  provisions  of  section two hundred nine-b of the
general municipal law].  Any  such  contract  with  any  such  ambulance
service  permitted  herein  shall  be  subject to the provisions of this
section.
  § 4. Section 3224-a of the insurance law is amended by  adding  a  new
subsection (k) to read as follows:
  (K)  PAYMENTS  TO  NONPARTICIPATING OR NONPREFERRED PROVIDERS OF AMBU-
LANCE SERVICES LICENSED UNDER ARTICLE THIRTY OF THE PUBLIC  HEALTH  LAW.
(1)  WHENEVER  AN INSURER OR AN ORGANIZATION, OR CORPORATION LICENSED OR
CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER

S. 3685--A                          3

OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW PROVIDES THAT ANY  HEALTH
CARE  CLAIMS  SUBMITTED  UNDER CONTRACTS OR AGREEMENTS ISSUED OR ENTERED
INTO PURSUANT TO THIS  ARTICLE  OR  ARTICLE  FORTY-TWO,  FORTY-THREE  OR
FORTY-SEVEN  OF THIS CHAPTER AND ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH
LAW ARE PAYABLE TO A PARTICIPATING OR PREFERRED  PROVIDER  OF  AMBULANCE
SERVICES  FOR  SERVICES  RENDERED,  THE INSURER, ORGANIZATION, OR CORPO-
RATION LICENSED OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE  OR  FORTY-
SEVEN  OF  THIS  CHAPTER  OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW
SHALL BE REQUIRED TO PAY SUCH BENEFITS EITHER DIRECTLY TO ANY  SIMILARLY
LICENSED  NONPARTICIPATING  OR  NONPREFERRED  PROVIDER  AT THE USUAL AND
CUSTOMARY CHARGE, WHICH SHALL NOT BE EXCESSIVE OR UNREASONABLE, WHEN THE
PROVIDER HAS RENDERED SUCH SERVICES, HAS A WRITTEN ASSIGNMENT  OF  BENE-
FITS,  AND  HAS  CAUSED WRITTEN NOTICE OF SUCH ASSIGNMENT TO BE GIVEN TO
THE INSURER, ORGANIZATION, OR CORPORATION LICENSED OR CERTIFIED PURSUANT
TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTICLE  FORTY-
FOUR  OF  THE  PUBLIC  HEALTH LAW OR JOINTLY TO SUCH NONPARTICIPATING OR
NONPREFERRED PROVIDER AND TO THE INSURED, SUBSCRIBER, OR  OTHER  COVERED
PERSON;  PROVIDED,  HOWEVER,  THAT IN EITHER CASE THE INSURER, ORGANIZA-
TION, OR CORPORATION LICENSED OR CERTIFIED PURSUANT  TO  ARTICLE  FORTY-
THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE PUBLIC
HEALTH  LAW  SHALL BE REQUIRED TO SEND SUCH BENEFIT PAYMENTS DIRECTLY TO
THE PROVIDER WHO HAS  THE  WRITTEN  ASSIGNMENT.  WHEN  PAYMENT  IS  MADE
DIRECTLY  TO  A  PROVIDER  OF  AMBULANCE  SERVICES AS AUTHORIZED BY THIS
SECTION, THE INSURER, ORGANIZATION, OR CORPORATION LICENSED OR CERTIFIED
PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR  ARTI-
CLE  FORTY-FOUR  OF  THE  PUBLIC HEALTH LAW SHALL GIVE WRITTEN NOTICE OF
SUCH PAYMENT TO THE INSURED, SUBSCRIBER, OR OTHER COVERED PERSON.
  (2)  AN  INSURER  SHALL  PROVIDE  REIMBURSEMENT  FOR  THOSE   SERVICES
PRESCRIBED  BY  THIS SECTION AT RATES NEGOTIATED BETWEEN THE INSURER AND
THE PROVIDER OF SUCH SERVICES. IN THE ABSENCE OF AGREED UPON  RATES,  AN
INSURER  SHALL  PAY FOR SUCH SERVICES AT THE USUAL AND CUSTOMARY CHARGE,
WHICH SHALL NOT BE EXCESSIVE OR UNREASONABLE.
  (3) NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO PROHIBIT  THE
PAYMENT  OF  DIFFERENT  LEVELS OF BENEFITS OR FROM HAVING DIFFERENCES IN
COINSURANCE  PERCENTAGES  APPLICABLE  TO  BENEFIT  LEVELS  FOR  SERVICES
PROVIDED BY PARTICIPATING OR PREFERRED PROVIDERS AND NONPARTICIPATING OR
NONPREFERRED PROVIDERS.
  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO POLICIES THAT DO NOT
INCLUDE COVERAGE FOR AMBULANCE SERVICES.
  §  5.  Subparagraphs  (C) and (D) of paragraph 24 of subsection (i) of
section 3216 of the insurance law, as added by chapter 506 of  the  laws
of 2001, are amended to read as follows:
  (C)   An  insurer  shall  provide  reimbursement  for  those  services
prescribed by this section at rates negotiated between the  insurer  and
the  provider  of such services. In the absence of agreed upon rates, an
insurer shall pay for such services at the usual and  customary  charge,
which  shall  not  be excessive or unreasonable.  THE INSURER SHALL SEND
SUCH PAYMENTS DIRECTLY TO THE PROVIDER OF SUCH  AMBULANCE  SERVICES,  IF
THE  AMBULANCE  SERVICE INCLUDES AN EXECUTED ASSIGNMENT OF BENEFITS FORM
WITH THE CLAIM.
  (D) The provisions of this paragraph  shall  have  no  application  to
transfers  of patients between hospitals or health care facilities by an
ambulance service as described in subparagraph  (A)  of  this  paragraph
UNLESS SUCH SERVICES ARE COVERED UNDER THE POLICY.

S. 3685--A                          4

  §  6.  Subparagraphs  (C) and (D) of paragraph 15 of subsection (l) of
section 3221 of the insurance law, as added by chapter 506 of  the  laws
of 2001, are amended to read as follows:
  (C)   An  insurer  shall  provide  reimbursement  for  those  services
prescribed by this section at rates negotiated between the  insurer  and
the  provider  of such services. In the absence of agreed upon rates, an
insurer shall pay for such services at the usual and  customary  charge,
which  shall  not  be excessive or unreasonable.  THE INSURER SHALL SEND
SUCH PAYMENTS DIRECTLY TO THE PROVIDER OF SUCH  AMBULANCE  SERVICES,  IF
THE  AMBULANCE  SERVICE INCLUDES AN EXECUTED ASSIGNMENT OF BENEFITS FORM
WITH THE CLAIM.
  (D) The provisions of this paragraph  shall  have  no  application  to
transfers  of patients between hospitals or health care facilities by an
ambulance service as described in subparagraph  (A)  of  this  paragraph
UNLESS SUCH SERVICES ARE COVERED UNDER THE POLICY.
  §  7.  Paragraphs  3  and  4 of subsection (aa) of section 4303 of the
insurance law, as added by chapter 506 of the laws of 2001, are  amended
to read as follows:
  (3)   An  insurer  shall  provide  reimbursement  for  those  services
prescribed by this section at rates negotiated between the  insurer  and
the  provider  of such services. In the absence of agreed upon rates, an
insurer shall pay for such services at the usual and  customary  charge,
which  shall  not  be excessive or unreasonable.  THE INSURER SHALL SEND
SUCH PAYMENTS DIRECTLY TO THE PROVIDER OF SUCH  AMBULANCE  SERVICES,  IF
THE  AMBULANCE  SERVICE INCLUDES AN EXECUTED ASSIGNMENT OF BENEFITS FORM
WITH THE CLAIM.
  (4) The provisions of this subsection shall  have  no  application  to
transfers  of patients between hospitals or health care facilities by an
ambulance service as described  in  paragraph  one  of  this  subsection
UNLESS SUCH SERVICES ARE COVERED UNDER THE POLICY.
  §  8.  This  act shall take effect on the ninetieth day after it shall
have become a law, except that sections four, five,  six  and  seven  of
this  act  shall  take effect January 1, 2022, and shall apply to health
care claims submitted on or after such date.

Co-Sponsors

view additional co-sponsors

S3685B (ACTIVE) - Details

See Assembly Version of this Bill:: A1778
Law Section:: General Municipal Law
Laws Affected:: Amd §§209-b & 122-b, Gen Muni L; amd §184, Town L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4310
2011-2012: S4856, A7291
2013-2014: S3262, A4113
2015-2016: S1914, A3721
2017-2018: S363, A3100, A7717
2021-2022: S1286, A534

S3685B (ACTIVE) - Summary

Provides that authorities having control of a fire department or fire company which provides emergency medical services may establish fees and charges for services.

S3685B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3685B

SPONSOR: BROOKS
 
TITLE OF BILL:  An act to amend the general municipal law and the town
law, in relation to authorizing fees and charges for emergency medical
services

 
PURPOSE:

The purpose to allow fire departments the option to recover costs when
providing emergency medical services.

 
SUMMARY OF PROVISIONS:

Section 1. this bill amends subdivision 4 of section 209-b of the Gener-
al Municipal Law to remove the prohibition on a fire department's abili-
ty to recover costs for emergency medical services.  Further, this
section provides language to ensure that advanced life support services
are compensated for services rendered.

Section 2. amends subdivision 1 of section 122-b of the General Munici-

pal Law to comply with section 1 of this law.

Section 3. amends subdivision 1 of section 184 of to comply with section
1 of this law.

Section 4. is the enacting clause.

 
JUSTIFICATION:

Currently volunteer fire departments and districts that provide emergen-
cy medical services are unable to recover costs for the service that
they provide. In recent years, a variety of factors have placed great
strain on the resources of these services. As a result, many volunteer
fire departments and districts have been forced to stop offering ambu-
lance service to their communities.

New York State is the only state in the union which prohibits fire
departments from recovering costs for emergency medical services.  This
bill will correct that by simply offering departments the option to
recuperate their costs for service.

 
FISCAL IMPLICATIONS:

No fiscal impact

 
LOCAL FISCAL IMPLICATIONS:

No fiscal impact

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

S3685B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3685--B
    Cal. No. 567

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 12, 2019
                               ___________

Introduced by Sens. BROOKS, LITTLE, FUNKE, GALLIVAN, HARCKHAM, THOMAS --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee  on  Local  Government  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported favorably from said committee, ordered  to  first  and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the general municipal law and the town law, in  relation
  to authorizing fees and charges for emergency medical services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 4 of section 209-b of  the  general  municipal
law,  as  amended by chapter 476 of the laws of 2018, is amended to read
as follows:
  4. Fees and charges [prohibited] AUTHORIZED.  (A) Emergency and gener-
al ambulance service, INCLUDING EMERGENCY MEDICAL SERVICE AS DEFINED  IN
SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW, authorized pursuant
to  this  section  [shall]  MAY  be furnished without cost to the person
served; PROVIDED, HOWEVER, THAT THE AUTHORITIES HAVING CONTROL OF A FIRE
DEPARTMENT OR FIRE COMPANY THAT HAVE AUTHORIZED SUCH FIRE DEPARTMENT  OR
FIRE  COMPANY  TO PROVIDE SUCH SERVICE OR SERVICES MAY FIX A SCHEDULE OF
FEES OR CHARGES TO  BE  PAID  BY  PERSONS  REQUESTING  SUCH  SERVICE  OR
SERVICES.  THE  AUTHORITIES  HAVING CONTROL OF A FIRE DEPARTMENT OR FIRE
COMPANY MAY PROVIDE FOR THE COLLECTION OF FEES AND CHARGES OR MAY FORMU-
LATE RULES AND REGULATIONS  FOR  THE  COLLECTION  THEREOF  BY  THE  FIRE
DEPARTMENT  OR FIRE COMPANY. WHEN FEES AND CHARGES ARE AUTHORIZED PURSU-
ANT TO THIS  SUBDIVISION,  THE  FEES  AND  CHARGES  COLLECTED  SHALL  BE
DISBURSED IN ACCORDANCE WITH A WRITTEN CONTRACT ENTERED INTO BETWEEN THE
AUTHORITY  HAVING  CONTROL  OF A FIRE DEPARTMENT OF FIRE COMPANY AND THE
FIRE DEPARTMENT OR FIRE COMPANY ITSELF.   The acceptance  by  any  fire-
fighter  of any personal remuneration or gratuity, directly or indirect-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD02799-05-9

S. 3685--B                          2

ly, from a person served shall be a ground for his or her  expulsion  or
suspension as a member of the fire department or fire company.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, A BASIC LIFE SUPPORT SERVICE WHICH ESTABLISHES A SCHEDULE OF  FEES
FOR  SERVICE SHALL ENTER INTO A CONTRACT WITH A PROVIDER OR PROVIDERS OF
ADVANCED LIFE SUPPORT SERVICES TO PROVIDE  SUCH  ADVANCED  LIFE  SUPPORT
SERVICES.  SUCH  CONTRACT  SHALL  AT  A  MINIMUM  ESTABLISH THE FEES FOR
ADVANCED LIFE SUPPORT SERVICES AND THE MEANS BY WHICH SAID PROVIDER WILL
BE REIMBURSED WHEN THE AMBULANCE SERVICE  BILLS  FOR  EMERGENCY  MEDICAL
SERVICE.
  (C)  AN  EMERGENCY  AND GENERAL AMBULANCE SERVICE, INCLUDING EMERGENCY
MEDICAL SERVICE AS DEFINED BY THIS SECTION WHICH DOES  NOT  ESTABLISH  A
SCHEDULE  OF FEES FOR SERVICE, REQUESTING AN ADVANCED LIFE SUPPORT (ALS)
INTERCEPT FROM ANOTHER FURNISHING SERVICE IN AN AREA THAT IS  DESIGNATED
AS A RURAL AREA BY ANY LAW OR REGULATION OF THE STATE OR THAT IS LOCATED
IN  A  RURAL  CENSUS TRACT OF A METROPOLITAN STATISTICAL AREA (AS DETER-
MINED UNDER THE MOST RECENT GOLDSMITH MODIFICATION) SHALL BE SUBJECT  TO
PAYMENT  OF  AN  ALS  RURAL  INTERCEPT FEE TO SUCH FURNISHING SERVICE AT
RATES NEGOTIATED BETWEEN THE PROVIDERS OF SUCH SERVICES. IN THE  ABSENCE
OF ANY AGREED UPON RATES, THE SERVICE RECEIVING SUCH INTERCEPT SHALL PAY
FOR  SUCH  SERVICES  AT THE USUAL AND CUSTOMARY RATE, WHICH SHALL NOT BE
EXCESSIVE OR UNREASONABLE. NOTHING IN THIS SECTION  SHALL  RESTRICT  ANY
AMBULANCE  PROVIDERS FROM ESTABLISHING MUTUALLY AGREEABLE ALTERNATE FEES
FOR SERVICES PROVIDED TO AND/OR FOR EACH RESPECTIVE AMBULANCE SERVICE.
  § 2. Paragraph (e) of subdivision 1 of section 122-b  of  the  general
municipal law, as amended by chapter 303 of the laws of 1980, is amended
to read as follows:
  (e)  [No]  A  contract  [shall]  MAY  be  entered into pursuant to the
provisions of this section for the services of an emergency  rescue  and
first aid squad of a fire department or fire company which is subject to
the  provisions  of section two hundred nine-b of [the general municipal
law] THIS CHAPTER;
  § 3. Subdivision 1 of section 184 of the town law, as amended by chap-
ter 599 of the laws of 1994, is amended to read as follows:
  1. Whenever the town board shall have established or extended  a  fire
protection district pursuant to the provisions of this article, the town
board  shall  provide  for  the furnishing of fire protection within the
district and for that purpose may (a) contract with any  city,  village,
fire  district  or  incorporated  fire  company maintaining adequate and
suitable apparatus and appliances for the furnishing of fire  protection
in  such  district or (b) may acquire by gift or purchase such apparatus
and appliances for use in such district and may contract with any  city,
village, fire district or incorporated fire company for operation, main-
tenance,  and  repair  of  the  same  and  for  the  furnishing  of fire
protection in such district, or both. The contract may also provide  for
the furnishing of (1) emergency service in case of accidents, calamities
or other emergencies in connection with which the services of firefight-
ers  would be required and (2) general ambulance service subject, howev-
er, to the provisions of section  two  hundred  nine-b  of  the  general
municipal  law.  In  the  event that the fire department or fire company
furnishing fire protection within the district pursuant to contract does
not maintain and operate an ambulance then a separate  contract  may  be
made  for  the  furnishing  within  the  district of emergency ambulance
service or general ambulance service, or both, with any city, village or
fire district the fire department of which, or with an incorporated fire
company having its headquarters outside the  district  which,  maintains

S. 3685--B                          3

and operates an ambulance subject, however, in the case of general ambu-
lance  service,  to  the provisions of section two hundred nine-b of the
general municipal law, or with an ambulance service, certified or regis-
tered pursuant to article thirty of the public health law[, which is not
organized  under  the  provisions  of  section two hundred nine-b of the
general municipal law].  Any  such  contract  with  any  such  ambulance
service  permitted  herein  shall  be  subject to the provisions of this
section.
  § 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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senate Bill S3685B

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S3685B (ACTIVE) - Details

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S3685B (ACTIVE) - Bill Text download pdf

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senate Bill S3685B

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 21, 2020 - floor Vote

Floor Vote: Jul 21, 2020

Jan 13, 2020 - Local Government committee Vote

Local Government Committee Vote: Jan 13, 2020

Jun 14, 2019 - floor Vote

Floor Vote: Jun 14, 2019

May 6, 2019 - Local Government committee Vote

Committee Vote: May 6, 2019

Bill Amendments

Co-Sponsors

S3685 - Details

S3685 - Summary

S3685 - Sponsor Memo

S3685 - Bill Text download pdf

Co-Sponsors

S3685A - Details

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S3685B (ACTIVE) - Details

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S3685B (ACTIVE) - Sponsor Memo

S3685B (ACTIVE) - Bill Text download pdf

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