S T A T E O F N E W Y O R K
________________________________________________________________________
1286
2021-2022 Regular Sessions
I N S E N A T E
January 11, 2021
___________
Introduced by Sens. BROOKS, ADDABBO, GALLIVAN, GAUGHRAN, HARCKHAM, HELM-
ING, KAPLAN, THOMAS -- read twice and ordered printed, and when print-
ed to be committed to the Committee on Local Government
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. (A) Emergency and gener-
al 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 without 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 FORMU-
LATE RULES AND REGULATIONS FOR THE COLLECTION THEREOF BY THE FIRE
DEPARTMENT OR FIRE COMPANY. WHEN FEES AND CHARGES ARE AUTHORIZED PURSU-
ANT 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 OF FIRE COMPANY AND THE
FIRE DEPARTMENT OR FIRE COMPANY ITSELF. The acceptance by any fire-
fighter of any personal remuneration or gratuity, directly or indirect-
ly, from a person served shall be a ground for his or her expulsion 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03579-01-1
S. 1286 2
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 BY THIS SECTION WHICH DOES NOT ESTABLISH A
SCHEDULE OF FEES FOR SERVICE, REQUESTING AN ADVANCED LIFE SUPPORT (ALS)
INTERCEPT FROM ANOTHER 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 DETER-
MINED UNDER THE MOST RECENT GOLDSMITH MODIFICATION) SHALL BE SUBJECT TO
PAYMENT OF AN ALS RURAL INTERCEPT FEE TO SUCH FURNISHING SERVICE AT
RATES NEGOTIATED BETWEEN THE PROVIDERS OF SUCH SERVICES. IN THE ABSENCE
OF ANY AGREED UPON RATES, THE SERVICE RECEIVING SUCH INTERCEPT SHALL PAY
FOR SUCH SERVICES AT THE USUAL AND CUSTOMARY RATE, WHICH SHALL NOT BE
EXCESSIVE OR UNREASONABLE. NOTHING IN THIS SECTION SHALL RESTRICT ANY
AMBULANCE PROVIDERS FROM ESTABLISHING MUTUALLY AGREEABLE ALTERNATE FEES
FOR SERVICES PROVIDED TO AND/OR FOR EACH RESPECTIVE AMBULANCE SERVICE.
§ 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-
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
S. 1286 3
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.