S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7186--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 4, 2021
                                ___________
 
 Introduced  by Sens. BROOKS, RATH, STEC -- read twice and ordered print-
   ed, and when printed to be committed to  the  Committee  on  Rules  --
   recommitted  to  the  Committee on Local Government in accordance with
   Senate Rule 6, sec. 8 -- 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
 
   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.  [Emergency] (A) SUBJECT
 TO THE RESTRICTIONS SET FORTH IN  PARAGRAPH  (D)  OF  THIS  SUBDIVISION,
 EMERGENCY  and  general  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 with-
 out 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 FORMULATE RULES AND REGULATIONS FOR THE COLLECTION THERE-
 OF BY THE FIRE DEPARTMENT OR FIRE COMPANY. WHEN  FEES  AND  CHARGES  ARE
 AUTHORIZED  PURSUANT 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 COMPA-
 NY  AND  THE  FIRE DEPARTMENT OR FIRE COMPANY ITSELF.  The acceptance by
 any firefighter of any personal remuneration or  gratuity,  directly  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03579-10-2
 S. 7186--A                          2
              

 
 indirectly, from a person served shall be a ground for his or her expul-
 sion 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 IN SECTION THREE THOUSAND ONE OF  THE  PUBLIC
 HEALTH  LAW,  AUTHORIZED PURSUANT TO THIS SECTION WHICH DOES NOT ISSUE A
 BILL FOR ITS SERVICES AND WHICH REQUESTS AN ADVANCED LIFE SUPPORT  (ALS)
 INTERCEPT  FROM  ANOTHER AMBULANCE SERVICE 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 DETERMINED UNDER THE MOST RECENT GOLDSMITH  MODIFI-
 CATION),  SHALL PAY THE AMBULANCE SERVICE PROVIDING THE ALS INTERCEPT AN
 ALS RURAL INTERCEPT FEE AT RATES NEGOTIATED  BETWEEN  THE  PROVIDERS  OF
 SUCH  SERVICES.  IN  THE  ABSENCE  OF ANY AGREED UPON RATES, THE SERVICE
 RECEIVING SUCH ALS INTERCEPT SHALL PAY THE  SERVICE  PROVIDING  THE  ALS
 INTERCEPT  FOR  SUCH  SERVICES  AT THE USUAL AND CUSTOMARY CHARGE, WHICH
 SHALL NOT BE EXCESSIVE OR UNREASONABLE.
   (D) AN EMERGENCY AND GENERAL AMBULANCE  SERVICE,  INCLUDING  EMERGENCY
 MEDICAL  SERVICE  AS DEFINED IN SECTION THREE THOUSAND ONE OF THE PUBLIC
 HEALTH LAW, AUTHORIZED PURSUANT TO THIS SECTION TO  FIX  A  SCHEDULE  OF
 FEES  OR  CHARGES  TO  BE  PAID  BY  PERSONS  REQUESTING SUCH SERVICE OR
 SERVICES, MAY APPLY SUCH FEES AND CHARGES  ONLY  WITHIN  SUCH  SERVICE'S
 PRIMARY  RESPONSE  TERRITORY  AS ASSIGNED AND EVIDENCED BY A VALID AMBU-
 LANCE SERVICE CERTIFICATE ISSUED BY THE COMMISSIONER OF HEALTH  PURSUANT
 TO  SECTION  THREE  THOUSAND FIVE OF THE PUBLIC HEALTH LAW, ON OR BEFORE
 JANUARY FIRST, TWO THOUSAND TWENTY-TWO.
   (E) AN EMERGENCY AND GENERAL AMBULANCE  SERVICE,  INCLUDING  EMERGENCY
 MEDICAL  SERVICE  AS DEFINED IN SECTION THREE THOUSAND ONE OF THE PUBLIC
 HEALTH LAW, AUTHORIZED PURSUANT TO THIS SECTION SHALL NOT DIRECTLY ISSUE
 A BILL FOR ITS SERVICES TO ANY UNINSURED RECIPIENT OF SUCH SERVICES.
   § 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-
 S. 7186--A                          3

 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.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to health care claims submitted on  or
 after such date.