No. 38272 (Amendment): Rule R426-8. Emergency Medical Services Ambulance Rates and Charges

(Amendment)

DAR File No.: 38272
Filed: 01/31/2014 01:47:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Department by order has authorized agencies to adjust rates according to the agency's fiscal data as reviewed by the Department. Currently, the published ambulance rates in rule need to be adjusted. Rule R426-8 is revised to reflect the 10/18/2013 revised ambulance rates.

Summary of the rule or change:

Fiscal Reporting Guides (FRGs) are financial and statistical data collected from all emergency medical services (EMS) agencies statewide. The data collected showed EMS Rates need to be increased at 6.35% so agencies statewide will have revenues matching expenses. Rule R426-8 needs to be amended to reflect these ground ambulance transport changes.

State statutory or constitutional authorization for this rule:

• Section 26-8a-403

Anticipated cost or savings to:

the state budget:

State budget will not be impacted as this is a user fee.

local governments:

Local government budgets will not be impacted significantly. The rates listed in the rule are increased 6.35%. The EMS agency billings increase by 6.35% which will offset declining collections, wages increases, and the increased fuel and equipment costs.

small businesses:

EMS budgets will not be impacted. The ambulance transport rate increase is 6.35% from current ambulance rates to offset declining collections, wage increases, and the increased fuel and equipment costs.

persons other than small businesses, businesses, or local governmental entities:

EMS budgets will not be impacted. The ambulance transport rate increase is 6.35% from current ambulance rates to offset declining collections, wage increases, and the increased fuel and equipment costs.

Compliance costs for affected persons:

EMS agencies are allowed to bill the rates listed in the proposed rule and there are no costs to the agency for compliance.

Comments by the department head on the fiscal impact the rule may have on businesses:

I approve of the changes for Rule R426-8 for publication.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Family Health and Preparedness, Emergency Medical Services
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106

Direct questions regarding this rule to:

• Allan Liu at the above address, by phone at 801-273-6664, by FAX at 801-273-4165, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/17/2014

This rule may become effective on:

03/24/2014

Authorized by:

David Patton, Executive Director

RULE TEXT

R426. Health, Family Health and Preparedness, Emergency Medical Services.

R426-8. Emergency Medical Services Ambulance Rates and Charges.

R426-8-1. Authority and Purpose.

(1) This rule is established under Title 26, Chapter 8a.

(2) The purpose of this rule is to provide for the establishment of maximum ambulance transportation and rates to be charged by licensed ambulance services in the State of Utah.

 

R426-8-2. Ambulance Transportation Rates and Charges.

(1) Licensed services operating under R426-3 shall not charge more than the rates described in this rule. In addition, the net income of licensed services, including subsidies of any type, shall not exceed the net income limit set by this rule.

(a) The net income limit shall be the greater of eight percent of gross revenue or 14 percent return on average assets.

(b) Licensed Services may change rates at their discretion after notifying the Department, provided that the rates do not exceed the maximums specified in this rule.

(c) An agency may not charge a transportation fee for patients who are not transported.

(2) The initial regulated rates established in this rule shall be adjusted annually on July 1, based on financial data as delineated by the department to be submitted as detailed under R426-8-2(9). This data shall then be used as the basis for the annual rate adjustment.

(3) Base Rates for ground transport to care facility -

(a) Ground Ambulance - [$615.00]$655.00 per transport.

(b) Advanced EMT and EMT-IA Ground Ambulance - [$813.00]$865.00 per transport.

(c) Paramedic Ground Ambulance - [$1,189.00]$1,265.00 per transport.

(d) Ground Ambulance with Paramedic on-board - [$1,189.00]$1,265.00 per transport if:

(i) a dispatch agency dispatches a paramedic licensee to treat the individual;

(ii) the paramedic licensee has initiated advanced life support;

(iii) on-line medical control directs that a paramedic remain with the patient during transport; and

(iv) an ambulance service that interfaces with a paramedic rescue service and has an interlocal or equivalent agreement in place, dealing with reimbursing the paramedic agency for services provided up to a maximum of [$253.71]$269.82 per transport.

(4) Mileage Rate-

(a) $31.65 per mile or fraction thereof.

(b) In all cases mileage shall be computed from the point of pickup to the point of delivery.

(c) A fuel fluctuation surcharge of $0.25 per mile may be added when diesel fuel prices exceed $5.10 per gallon or gasoline exceeds $4.25 as invoiced.

(5) Surcharge-

(a) If the ambulance is required to travel for ten miles or more on unpaved roads, a surcharge of $1.50 per mile may be assessed.

(6) Special Provisions -

(a) If more than one patient is transported from the same point of origin to the same point of delivery in the same ambulance, the charges to be assessed to each individual will be determined as follows:

(i) Each patient will be assessed the transportation rate.

(ii) The mileage rate will be computed as specified, the sum to be divided equally between the total number of patients.

(b) A round trip may be billed as two one-way trips.

(c) An ambulance shall provide 15 minutes of time at no charge at both point of pickup and point of delivery, and may charge $22.05 per quarter hour or fraction thereof thereafter. On round trips, 30 minutes at no charge will be allowed from the time the ambulance reaches the point of delivery until starting the return trip. At the expiration of the 30 minutes, the ambulance service may charge $22.05 per quarter hour or fraction thereof thereafter.

(7) Supplies and Medications -

(a) An ambulance licensee may charge for supplies and providing supplies, medications, and administering medications used on any response if:

(i) supplies shall be priced fairly and competitively with similar products in the local area;

(ii) the individual does not refuse services; and

(iii) the ambulance personnel assess or treats the individual.

(8) Uncontrollable Cost Escalation -

(a) In the event of a temporary escalation of costs, an ambulance service may petition the Department for permission to make a temporary service-specific surcharge. The petition shall specify the amount of the proposed surcharge, the reason for the surcharge, and provide sufficient financial data to clearly demonstrate the need for the proposed surcharge. Since this is intended to only provide temporary relief, the petition shall also include a recommended time limit.

(b) The Department will make a final decision on the proposed surcharge within 30 days of receipt of the petition.

(9) Operating report -

(a) The licensed service shall file with the Department within 90 days of the end of each licensed service's fiscal year, an operating report in accordance with the instructions, guidelines and review criteria as specified by the Department. The Department shall provide a summary of operating reports received during the previous state fiscal year to the EMS Committee in the October quarterly meeting.

(10) Fiscal audits -

(a) Upon receipt of licensed service fiscal reports, the Department shall review them for compliance to standards established.

(b) Where the Department determines that the audited service is not in compliance with this rule, the Department shall proceed in accordance with Section 26-8a-504.

 

R426-8-3. Penalty for Violation of Rule.

As required by Subsection 63G-3-201(5): Any person that violates any provisions of this rule may be assessed a civil money penalty as provided in Section 26-23-6.

 

KEY: emergency medical services

Date of Enactment or Last Substantive Amendment: [October 18, 2013]2014

Notice of Continuation: January 5, 2011

Authorizing, and Implemented or Interpreted Law: 26-8a

 

---