PRINTER'S NO. 1566
No. 1347 Session of 1999
INTRODUCED BY CLYMER, BARRAR, BATTISTO, BELARDI, BELFANTI, BUNT, CLARK, L. I. COHEN, M. COHEN, CORRIGAN, COY, DeLUCA, DeWEESE, FLEAGLE, FLICK, GEIST, HALUSKA, HERMAN, HUTCHINSON, JAMES, LaGROTTA, LAUGHLIN, LEDERER, LEH, LUCYK, MELIO, S. MILLER, MYERS, READSHAW, ROHRER, ROSS, SAYLOR, SOLOBAY, STEELMAN, SURRA, E. Z. TAYLOR, TRELLO, TRICH, WILLIAMS, YOUNGBLOOD AND GODSHALL, APRIL 20, 1999
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, APRIL 20, 1999
AN ACT 1 Providing for certain emergency services reimbursements. 2 The General Assembly of the Commonwealth of Pennsylvania 3 hereby enacts as follows: 4 Section 1. Short title. 5 This act shall be known and may be cited as the Emergency 6 Services Responder Reimbursement Act. 7 Section 2. Legislative findings and declaration. 8 (a) Findings enumerated.--The General Assembly finds as 9 follows: 10 (1) Emergency services providers in this Commonwealth, 11 especially volunteers, have and are experiencing ever- 12 increasing financial burdens. 13 (2) The increasing financial burdens and costs are 14 having an adverse and serious negative impact upon
1 maintaining, sustaining and providing emergency services. 2 (3) Volunteer emergency service organizations can no 3 longer realistically afford or be expected to exist and 4 provide services at a financial loss. 5 (b) Declaration.--The General Assembly declares as follows: 6 (1) It is vital to establish for our emergency services 7 providers a mechanism and process whereby they can be 8 reimbursed financially for real and reasonable expenses 9 related to responding to emergency situations, incidents and 10 events or to intentional false alarms. 11 (2) Such a process and mechanism should be self- 12 supporting. 13 Section 3. Definitions. 14 The following words and phrases when used in this act shall 15 have the meanings given to them in this section unless the 16 context clearly indicates otherwise: 17 "Emergency communication center." An officially recognized 18 and approved Federal, State, county or municipal operation whose 19 purpose is to receive emergency calls; to determine the 20 appropriate agency, equipment and/or vehicles required to 21 respond to these calls; and then to dispatch the appropriate 22 agency, equipment and/or emergency vehicle or vehicles to the 23 location of the emergency situation, incident or event. 24 "Emergency service." A municipal, public, private or 25 nonprofit service whose purpose is to respond to emergency 26 situations, incidents and events and provide emergency or 27 nonemergency assistance and service to the public. These 28 emergency services shall include, but are not limited to, 29 hazardous materials response units, fire services, ambulances, 30 heavy and light rescue squad units, quick response units and 19990H1347B1566 - 2 -
1 other related vehicles used in the normal operation of an 2 emergency service. 3 "Emergency situation, incident or event." A disaster; 4 hazardous materials incident; fire; industrial or private 5 security or fire alarm systems; industrial accidents; auto 6 accidents; medical emergencies; nonemergency calls for medical 7 assistance; or to any other situation, incident or event that 8 does or may present a potential danger and or threat to the 9 health and safety of members of the public. 10 "False alarm." A willfully fraudulent and intentional 11 transmission or request for a response by a volunteer emergency 12 services organization where the person making the transmission 13 or request knows there is no need for the transmission or 14 request. A person transmitting or requesting a response by a 15 volunteer emergency services organization who perceives or feels 16 there could be or may be a need for the transmission or request 17 shall not be considered to have transmitted or requested a 18 willfully fraudulent and intentional false alarm. 19 "Municipal emergency services department." A fire 20 department, ambulance service or rescue squad established, 21 operated and funded by the municipality. 22 "Officially recognized dispatch." The dispatch of a 23 volunteer emergency services organization by an officially 24 recognized and approved emergency communication center or 25 response to a special call or request from the Pennsylvania 26 State Police or local police whether it comes through an 27 emergency communication center or not. A volunteer emergency 28 services organization that responds to a special call or request 29 from the Pennsylvania State Police or local police that has not 30 come through an officially recognized and approved emergency 19990H1347B1566 - 3 -
1 communication center must be approved by an officially 2 recognized emergency communication center prior to responding to 3 the special call or request. Upon notification by a volunteer 4 emergency services organization of a request for dispatch, the 5 emergency communication center shall approve the response and 6 assign a dispatch number to the volunteer emergency services 7 organization and then contact the municipal emergency services 8 department, organization or person making the request to confirm 9 the request. 10 "Person." Includes a corporation, partnership, business 11 trust, other association, governmental entity other than the 12 Commonwealth, estate, trust, foundation or natural person. 13 "Volunteer ambulance service." A nonprofit chartered 14 corporation, association or organization located in this 15 Commonwealth which is regularly engaged in the service of 16 providing emergency medical care and transportation of patients. 17 "Volunteer emergency service organization." An organization 18 which is a volunteer fire company, volunteer ambulance service, 19 volunteer rescue squad or volunteer hazardous material response 20 team. 21 "Volunteer fire company." A nonprofit chartered 22 organization, association or organization located in this 23 Commonwealth which provides fire protection services, including 24 fire police services, and other volunteer emergency service 25 within this Commonwealth. Volunteer emergency service provided 26 by a volunteer fire company may include volunteer ambulance and 27 volunteer rescue service. 28 "Volunteer hazardous material response team." A nonprofit 29 chartered corporation, association or organization located in 30 this Commonwealth whose members are specially trained to respond 19990H1347B1566 - 4 -
1 to accidents or situations where hazardous or toxic material are 2 released into the environment. 3 "Volunteer rescue squad." A nonprofit chartered corporation, 4 association or organization located in this Commonwealth which 5 provides rescue service in this Commonwealth. 6 Section 4. Requirement to pay for response to emergencies. 7 (a) Party liable for volunteer emergency services 8 organization responses.--A person involved in an emergency 9 situation, incident or event that necessitates a response from a 10 volunteer emergency services organization shall be liable for 11 the real and reasonable costs incurred by the volunteer 12 emergency services organization. 13 (b) Party liable for fire department responses.--A person 14 involved in an emergency situation, incident or event that 15 necessitates a response from a municipal fire department, 16 ambulance service or rescue squad shall be liable for the real 17 and reasonable costs incurred by the paid fire department unless 18 the person is a resident of or taxpayer in the municipality 19 where the incident occurs. 20 (c) Party responsible for false alarms.--A person who makes 21 or transmits a false alarm which results in a response by a 22 volunteer emergency services organization shall be liable for 23 real and reasonable costs incurred by the volunteer emergency 24 services organization in responding to the false alarm. These 25 costs would be in addition to any fines or penalties imposed by 26 the State or municipality for false alarms. 27 Section 5. County office of emergency services reimbursement. 28 (a) Establishment.--Each county shall establish and maintain 29 an office of emergency services reimbursement. 30 (b) Powers, duties and procedures.-- 19990H1347B1566 - 5 -
1 (1) The county offices of emergency services 2 reimbursement shall process and file reimbursement claims for 3 the volunteer emergency services organizations and municipal 4 emergency services department in their respective county, in 5 accordance with regulations promulgated for the 6 administration of the act and utilize a standard form for the 7 volunteer emergency services organizations and municipal 8 emergency services departments in its county when applying 9 for reimbursement. 10 (2) Volunteer emergency services organizations and 11 municipal emergency services departments may apply for real 12 and reasonable reimbursement for costs related to responding 13 to calls dispatched by an officially recognized and approved 14 emergency communication center as authorized in section 4. 15 (3) A volunteer emergency services organization or 16 municipal emergency services department wishing reimbursement 17 for costs related to an officially recognized dispatch shall 18 apply to the county office of emergency services 19 reimbursement where the emergency situation, incident, event 20 or false alarm occurred. A volunteer emergency service or 21 municipal emergency services organization involved in mutual 22 aid may be considered for reimbursement, in accordance with 23 regulations promulgated for the administration of this act. 24 (4) In those instances where a volunteer emergency 25 services organization or municipal emergency services 26 department from one county responds into another county, the 27 request for reimbursement shall be forwarded to the county 28 office where the emergency situation, incident, event or 29 false alarm occurred. 30 (5) Upon receipt of requests for reimbursement 19990H1347B1566 - 6 -
1 compensation, the county office of emergency services 2 reimbursement shall determine real and reasonable costs, in 3 accordance with regulations promulgated for the 4 administration of this act, and then forward a bill for 5 reimbursement directly to the person responsible for causing 6 the situation, incident, event or false alarm. 7 (6) When a person receives a bill for reimbursement from 8 a county office of emergency services reimbursements, the 9 person shall be responsible for payment. If the person is 10 forwarding the bill for reimbursement to an insurance 11 company, the person must notify the county office of 12 emergency services reimbursement from which the bill for 13 reimbursement was received. Forwarding the bill for 14 reimbursement to an insurance company does not relieve the 15 person from financial responsibility for payment. 16 (7) Upon receipt of payment of claims, the county office 17 for emergency services reimbursement shall reimburse, 18 according to services rendered and need to respond, those 19 volunteer emergency services organizations or municipal 20 emergency services departments who applied for reimbursement 21 in accordance with regulations promulgated for the 22 administration of this act. 23 Section 6. Funding. 24 Each county office of emergency services reimbursement shall 25 be funded by the retaining of an amount up to 10% of each claim 26 settled. This amount shall be used by the county office of 27 emergency services reimbursement for operating and 28 administrative costs. Remaining funds shall be disbursed in 29 accordance with section 5. 30 Section 7. Rules and regulations. 19990H1347B1566 - 7 -
1 The rules and regulations necessary for the implementation of 2 this act shall be established as follows: 3 (1) The Pennsylvania Emergency Management Agency, in 4 consultation with volunteer emergency services organizations, 5 shall promulgate rules and regulations pertaining to 6 reimbursing volunteer fire companies, volunteer hazardous 7 material response teams and municipal fire departments. 8 (2) The Department of Health in consultation with 9 volunteer emergency services organizations shall promulgate 10 rules and regulations under this act pertaining to 11 reimbursing volunteer ambulance services and municipal 12 ambulance departments. 13 Section 8. Penalties. 14 Volunteer emergency services organizations filing false 15 requests for reimbursement commit a summary offense and, upon 16 conviction, shall be fined up to $100 for each false request. 17 Section 9. Repeals. 18 All acts and parts of acts are repealed insofar as they are 19 inconsistent with this act. 20 Section 10. Effective date. 21 This act shall take effect in 180 days. C25L16JRW/19990H1347B1566 - 8 -