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.
