The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1286
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced by Sens. BROOKS, ADDABBO, GALLIVAN, GAUGHRAN, HARCKHAM, HELM-
   ING, KAPLAN, THOMAS -- read twice and ordered printed, and when print-
   ed 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

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

                                                            LBD03579-01-1

 S. 1286                             2
 
 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
 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

 S. 1286                             3

 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.