Title
Chief Administrative Office, Emergency Medical Services and Emergency Preparedness and Response Division, recommending the Board Approve the Final Passage (Second Reading) of Ordinance 5132 to repeal and replace Ordinance 4991 (Chapter 8.74) - County Emergency Medical Service and Medical Transportation. (Cont. 11/10/20, Item 41)
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
On November 10, 2020, the Board approved the Introduction (First Reading) of Ordinance 5132 (Refer: Item 41, 11/10/20202). The Board Continued this item to November 17, 2020 for Final Passage (Second Reading).
The County has established an emergency medical services program in accordance with California Health and Safety Code, and has adopted Chapter 8.74 - County Emergency Medical Service and Medical Transportation, as a framework for the integrated operation of a local emergency and non-emergency medical services and medical transportation system in the County.
The County's Emergency Medical Services (EMS) Agency, housed in the Chief Administrative Office, is the local regulatory body for emergency medical services within the County, pursuant to the State EMS Act. The State Emergency Medical Services Agency (EMSA) provides oversight to the local regulatory bodies. The structure of the County's emergency medical transport system had been a point of discussion with EMSA for several years, resulting in EMSA's disapproval of the County's Emergency Medical Services (EMS) Plan. The County appealed the disapproval and the matter was scheduled for an administrative hearing in the summer of 2019; however, the County and EMSA initiated discussions to settle the matter. A settlement was reached, which was approved by the Board on July 16, 2019 (file No. 19-1089). The settlement agreement (attached) contained several key provisions that necessitate revisions to Chapter 8.74:
1) EMSA confirmed the County as the exclusive provider of ambulance transportation and prehospital emergency medical services in County Service Area (CSA) 7, encompassing the West Slope;
2) County agreed to establish exclusive operating areas only in accordance with the EMS Act;
3) County agreed to discontinue the use of the term "Public Utility Model" in any system description, including in the EMS plan and ordinance.
Chapter 8.74, as currently written, refers to the County's system as a "Public Utility Model" and establishes exclusive operating areas. The proposed revisions update the system description and provide for the establishment of exclusive operating areas in addition to CSA 7 through the use of competition, in accordance with the EMS Act. These revisions are necessary in order to comply with the settlement agreement.
ALTERNATIVES
The Board could choose not to amend the ordinance. This would violate the terms of the settlement agreement and would likely result in the disapproval of the County's EMS plan.
PRIOR BOARD ACTION
The Board approved the settlement agreement on July 16, 2019 (file No. 19-1089)
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no financial impact associated with this matter.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Publish the full ordinance in the newspaper no less than 5 days prior to Final Passage.
Publish the full ordinance to include the final Board vote within 15 days after Final Passage.
Send the ordinance to Municode for codification following Final Passage.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Sue Hennike, Deputy Chief Administrative Officer