19 - ORDINANCE REGARDING PROVISION OF EMS SERVICES IN THE CITY OF PARIS

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Item No. 19 memorandum TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: Ordinance regarding provision of EMS services in the City of Paris DATE: June 23, 2016 BACKGROUND: As you know, the City of Paris operates a highly regarded emergency medical service (Paris EMS) which provides a high level of care to the citizens of Paris and Lamar County. From time to time, other EMS services will attempt to come into Paris to provide non- emergency transport services (transferring patients from nursing homes to doctor appointments, etc.). The state, for the most part, regulates ambulance operations and the provision of emergency medical services; however, in 2013, in response to significant fraud by providers of non - emergency ambulance transfer services, the legislature passed Health & Safety Code Sec. 773.0573 to help counties and municipalities combat this fraud. Pursuant to Sec. 773.0573, any emergency medical services provider seeking to move into a municipality must obtain a letter from the municipality's governing body stating that (1) the addition of another licensed emergency medical services provider will not interfere with or adversely affect the provision of emergency services providers operating in the municipality, (2) the addition of another licensed emergency medical services provider will remedy an existing provider shortage that cannot be resolved through the use of the licensed emergency medical services providers operating in the municipality, (3) and the addition of another licensed emergency medical services provider will not cause an oversupply of licensed emergency medical services providers in the municipality. In other words, the legislature has provided local control to municipalities regarding the operation of emergency medical services providers /ambulance services. STATUS OF ISSUE: The proposed ordinance makes legislative findings that none of the three factors required for the operation of any emergency services provider other that Paris EMS are present in the City, and therefore creates an offense for any other EMS service to provide emergency medical services (which includes the types of non - emergency transfers set forth above) within the City of Paris. There is a defense to prosecution for air ambulances and for non - emergency transports that either originate or end outside the city limits, as such a restriction would likely impact interstate commerce concerns.