DAR File No. 37695
This rule was published in the July 1, 2013, issue (Vol. 2013, No. 13) of the Utah State Bulletin.
Health, Family Health and Preparedness, Emergency Medical Services
Rule R426-16
Emergency Medical Services Ambulance Rates and Charges
Notice of Proposed Rule
(Repeal)
DAR File No.: 37695
Filed: 06/04/2013 11:16:26 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This repeal is in response to the Governor's mandate for rule review and simplification. This rule is repealed as part of a change to the sequence of numbering for Title R426 that allows for a new set of rules that begins with Rules R426-1 through R426-9. This is part of a set of rules to update, and re-number all of the administrative rules in a more concise and logical order for implementation.
Summary of the rule or change:
This rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Title 26, Chapter 8a
Anticipated cost or savings to:
the state budget:
No anticipated fiscal impact to the State budget because there are no changes in the existing rule requirements that are imposed by this repeal.
local governments:
No anticipated fiscal impact to local governments because there are no changes in the existing rule requirements that are imposed by this repeal.
small businesses:
No anticipated fiscal impact to small businesses because there are no changes in the existing rule requirements that are imposed by this repeal.
persons other than small businesses, businesses, or local governmental entities:
No anticipated fiscal impact to businesses because there are no changes in the existing rule requirements that are imposed by this repeal.
Compliance costs for affected persons:
No anticipated fiscal impact for affected persons because there are no changes in the existing rule requirements that are imposed by this repeal.
Comments by the department head on the fiscal impact the rule may have on businesses:
No impact on business.
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:
HealthFamily Health and Preparedness, Emergency Medical Services
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106
Direct questions regarding this rule to:
- Guy Dansie at the above address, by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at [email protected]
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:
07/31/2013
This rule may become effective on:
08/07/2013
Authorized by:
David Patton, Executive Director
RULE TEXT
R426. Health, Family Health and Preparedness, Emergency Medical Services.
[R426-16. Emergency Medical Services Ambulance Rates and
Charges.
R426-16-1. 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.
R426-16-2. Ambulance Transportation Rates and Charges.
(1) Licensed services operating under R426-15 shall not
charge more than the rates described is 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
R426-16-2(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 - $594.00 per transport.
(b) Intermediate / Intermediate Advance EMT Ground
Ambulance - $785.00 per transport.
(c) Paramedic Ground Ambulance - $1,148.00 per
transport.
(d)Ground Ambulance with Paramedic on-board - $1,148.00
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 $244.94 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.
R426-16-3. 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, ambulance rates
Date of Enactment or Last Substantive Amendment: July 19,
2012
Notice of Continuation: July 28, 2009
Authorizing, and Implemented or Interpreted Law: 26-8a]
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20130701.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Guy Dansie at the above address, by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at [email protected].