GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	2 

HOUSE BILL 1114
Committee Substitute Favorable 6/10/99

Short Title:  Enhancing Emergency Medical Services.	(Public)

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Sponsors:

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Referred to:  

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT AUTHORIZING CITIES TO PROVIDE AMBULANCE SERVICE WITHOUT OBTAINING APPROVAL FROM COUNTIES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 153A-250 reads as rewritten:
"§ 153A-250.  Ambulance services.
(a)	A county may by ordinance franchise ambulance services provided in the county to the public at large, whether the service is based inside or outside the county. The ordinance may:
(1)	Grant franchises to ambulance operators on terms set by the board of commissioners;
(2)	Make it unlawful to provide ambulance services or to operate an ambulance in the county without such a franchise;
(3)	Limit the number of ambulances that may be operated within the county;
(4)	Limit the number of ambulances that may be operated by each franchised operator;
(5)	Determine the areas of the county that may be served by each franchised operator;
(6)	Establish and from time to time revise a schedule of rates, fees, and charges that may be charged by franchised operators;
(7)	Set minimum limits of liability insurance for each franchised operator;
(8)	Establish other necessary regulations consistent with and supplementary to any statute or any Department of Health and Human Services regulation relating to ambulance services.
Before it may adopt an ordinance pursuant to this subsection, the board of commissioners must first hold a public hearing on the need for ambulance services. The board shall cause notice of the hearing to be published once a week for two successive weeks before the hearing. After the hearing the board may adopt an ordinance if it finds that to do so is necessary to assure the provision of adequate and continuing ambulance service and to preserve, protect, and promote the public health, safety, and welfare.
If a person, firm, or corporation is providing ambulance services in a county or any portion thereof on the effective date of an ordinance adopted pursuant to this subsection, the person, firm, or corporation is entitled to a franchise to continue to serve that part of the county in which the service is being provided. The board of commissioners shall determine whether the person, firm, or corporation so entitled to a franchise is in compliance with Article 7 of Chapter 131E of the General Statues; and if that is the case, the board shall grant the franchise.
(b)	In lieu of or in addition to adopting an ordinance pursuant to subsection (a) of this section, a county may operate or contract for ambulance services in all or a portion of the county. A county may appropriate for ambulance services any revenues not otherwise limited as to use by law, and may establish and from time to time revise schedules of rates, fees, charges, and penalties for the ambulance services. A county may operate its ambulance services as a line department or may create an ambulance commission and vest in it authority to operate the ambulance services.
(c)	A city may adopt an ordinance pursuant to and under the procedures of subsection (a) of this section and may operate or contract for ambulance services if the city can demonstrate to the satisfaction of the Office of Emergency Medical Services in the Department of Health and Human Services that the ambulance services will result in an enhancement of public safety standards for the community and generally prevent the erosion of the quality of emergency care, a reduction in ambulance response time, an increase in the number of paramedics available, or an improvement in the manner and scope of emergency ambulance services.  Any action taken by a city pursuant to this subsection shall apply only within the corporate limits of the city.
If a city is exercising a power granted by this subsection, 	the city may appropriate for ambulance services any revenues not otherwise limited as to use by law and may establish and from time to time revise schedules of rates, fees, charges, and penalties for ambulance services.
(d)	A county or a city may contract with a franchised ambulance operator or with another county or city for ambulance service to be provided upon the call of a department or agency of the county or city. A county may contract with a franchised ambulance operator for transportation of indigents or persons certified by the county department of social services to be public assistance recipients.
(e)	Each county or city operating ambulance services is subject to the provisions of Article 7 of Chapter 131E of the General Statutes."
Section 2.  This act is effective when it becomes law.