Montgomery County Seal!RESOLUTION NO. 235 of 2023

DATED: November 1, 2023
     

RESOLUTION ADOPTING INTRODUCTORY LAW G (LOCAL LAW 6 OF 2023) A LOCAL LAW ESTABLISHING NEW USER FEES FOR BILLING PURPOSES RELATED TO EMS CALLS FOR THE SHERIFF’S OFFICE (SHERIFF)


Resolution by Legislator:   Pepe
Seconded by: Wilson

WHEREAS, the Sheriff and the county have established Montgomery County EMS, part of that establishment justifies billing for specific EMS response and services, and

WHEREAS, such user fees are permissible by law and are charged to insurance companies and or the state Medicaid reimbursement system by all EMS responding agencies

WHEREAS, the County Clerk is requesting the establishment of a fee schedule for EMS services; and

WHEREAS, a copy of this local law has been on the desks of the legislators for at least seven calendar days, exclusive of Sundays.

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law G (Local Law 6 of 2023) entitled "A LOCAL LAW ESTABLISHING NEW USER FEES FOR BILLING PURPOSES REATED TO EMS CALLS FOR THE SHERIFF’S OFFICE "  hereby is adopted and is incorporated  as follows:

Be it enacted by the Montgomery County Legislature as follows: 

Section 1: 

The purpose of this local law is to establish user fees for billing services for EMS calls for the Sheriff's office to assist with covering costs associated with providing these services.

Section 2:

The fees shall be billed as follows:

BLS Emergency $1500.00
ALS 1 $2000.00
ALS 2  $2800.00
Loaded Miles $30.00
RMA MVA $1500.00
ALS Intercept $350.00

Section 3:

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.  

Section 4:

To the extent that this local law is inconsistent with any other laws or regulations it shall supersede those laws.  

Section 5:

This law shall be effective upon filing with the Secretary of State.

MOTION TO AMEND by Legislator Kelly, seconded by Legislator Pepe, to amend the local law from:

"LAW G (LOCAL LAW 7 OF 2023)"

to

"LAW G (LOCAL LAW 6 OF 2023)"

passed with Aye(8). Legislator VACANT was absent.(10/24/2023)

MOTION TO TABLE by Legislator Kelly, seconded by Legislator Headwell, Jr., passed with Aye(8). Legislator VACANT was absent. (10/24/2023)

RESOLUTION VOTE, passed with Aye(6). Legislators Kelly, Wilson and VACANT were absent. (11/1/2023)


Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION ESTABLISHING NEW USER FEES FOR BILLING PURPOSES RELATED TO EMS CALLS FOR THE SHERIFF’S OFFICE (SHERIFF)


II. Justification:

Establishing Montgomery County EMS has made it necessary to establish and approve these fees, so that the revenue can be sought in attempt to offset expenses.  


III. Legislative Impact:

Pursuant to section 2 of the Charter, the Montgomery County Legislature is the legislative body of Montgomery County.


IV. Financial Impact:

The main financial impact will be the collection of revenue in attempt to offset appropriations.



cc: County Clerk
County Treasurer

Voting Record
Kelly (R) Absent 
Sweet (R) Yes 
Allen (D) Yes 
Headwell, Jr. (R) Yes 
Wilson (R) Absent 
VACANT (D) Absent 
Pepe (R) Yes 
Kowalczyk (D) Yes 
Purtell (D) Yes 
     
STATE OF NEW YORK County of Montgomery ss.:

      This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 1st day of November, 2023, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.
      IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 15th day of November, 2023


Totals:Aye: 6
Nay: 0 
Abstained: 0
Absent: 3



This resolution was approved by the County Executive on 11/14/2023
Resolution was enacted on 11/2/2023