§ 209-B — Emergency rescue and first aid squads

§ 209-b. Emergency rescue and first aid squads. 1. Emergencies. a.\nThe authorities having control of fire departments and fire companies\nmay organize within such departments or companies emergency rescue and\nfirst aid squads composed of firefighters who are members of such\ndepartments or companies. Such squads, so organized, may render services\nin case of accidents, calamities or other emergencies in connection with\nwhich their services may be required, as well as in case of alarms of\nfire. Whether or not such squads have been organized, any firefighter\nmay render service in case of accidents, calamities or other emergencies\nin connection with which the services of firefighters may be required,\nas well as in case of alarms of fire, unless he or she shall have been\nduly ordered not to render such service by the authorities having\ncontrol of the fire department or company of which he or she is a\nmember. If a request for emergency service is made by, or originates\nfrom a doctor or peace officer, acting pursuant to his or her special\nduties, or police officer, and there is any doubt as to whether an\nemergency exists, the judgment of the doctor or officer that there is,\nin fact, an emergency may be accepted as conclusive by such squad, or\nthe firefighter responding, or who has responded to such call. The\nperson designated to receive calls for such emergency services, for the\npurpose of dispatching such squads or firefighters, shall determine in\nthe first instance from the information furnished to him or her whether\nan emergency exists and his or her decision, if in good faith, as to\nwhether or not there is an emergency shall be final in relation to\ndispatching such squads or firefighters. Any such preliminary\ndetermination shall not be deemed to authorize the rendition of services\nif, upon arriving at the place to which dispatched, it is found that\nthere is no emergency.\n b. The governing board of any city, town, village or fire district\nwhich has a fire department but which has not authorized such fire\ndepartment to render emergency ambulance service, may contract for the\nfurnishing to it of emergency ambulance service with another city, town,\nvillage or fire district which has in its fire department an emergency\nrescue and first aid squad duly authorized to render emergency ambulance\nservice. Before any contract to furnish emergency ambulance service is\nentered into, the consents of the fire department, the fire company and\nthe emergency rescue and first aid squad to furnish such emergency\nambulance service shall be obtained. Each consent shall be evidenced by\na copy of a resolution certified respectively by the secretary of the\nfire department and fire company and by the officer then in command of\nthe emergency rescue and first aid squad.\n 2. General ambulance service. a. The governing board of any city, town\nwhich has a fire department, village or fire district which has in its\nfire department an emergency rescue and first aid squad composed mainly\nof volunteer firefighters, by resolution, may authorize any such squad\nto furnish general ambulance service for the purpose of (1) transporting\nany sick, injured or disabled resident or person found within the city,\ntown, village or fire district to a hospital, clinic, sanatorium or\nother place for treatment and care and returning any such person\ntherefrom if still sick, injured or disabled and (2) transporting any\nsick, injured or disabled resident of the city, town, village or fire\ndistrict from a hospital, clinic, sanatorium or other place where such\nperson has received treatment and care to any other place for treatment\nand care or to such person's home whether such hospital, clinic,\nsanatorium or other place where such person has received treatment and\ncare is within or without the city, town, village or fire district or\nthe territory listed on the ambulance service certificate or certificate\nof registration as the usual territory within which the ambulance\nservice operates.\n b. The town board of a town which does not have a fire department but\nin which there is a fire corporation located outside any village, fire\ndistrict, fire alarm district or fire protection district, by\nresolution, may authorize the emergency rescue and first aid squad of\nsuch fire corporation to furnish general ambulance service for the\npurpose of (1) transporting any sick, injured or disabled resident or\nperson found within the area described in the certificate of\nincorporation of the fire corporation to a hospital, clinic, sanatorium\nor other place for treatment and care and returning any such person\ntherefrom if still sick, injured or disabled and (2) transporting any\nsick, injured or disabled resident of such described area from a\nhospital, clinic, sanatorium or other place where such person has\nreceived treatment and care to any other place for treatment and care or\nto such person's home whether such hospital, clinic, sanatorium or other\nplace where such person has received treatment and care is within or\nwithout the area described in the certificate of incorporation of such\nfire corporation or the territory listed on the ambulance service\ncertificate or certificate of registration as the usual territory within\nwhich the ambulance service operates.\n c. The governing board of a city, village or fire district which by\nlaw is authorized to contract to have fire protection furnished for any\ndistrict or area thereof by the fire department or fire company of\nanother city, town, village or fire district, or a town board on behalf\nof a fire protection district or fire alarm district, may include in any\nfire protection contract a provision for the furnishing of general\nambulance service by the emergency rescue and first aid squad of the\nfire department or fire company which furnishes such fire protection.\nSuch general ambulance service shall be for the purpose of (1)\ntransporting any sick, injured or disabled resident or person found\nwithin the contract district or area to a hospital, clinic, sanatorium\nor other place for treatment and care and returning any such person\ntherefrom if still sick, injured or disabled and (2) transporting any\nsick, injured or disabled resident of such contract district or area\nfrom a hospital, clinic, sanatorium or other place where such person has\nreceived treatment and care to any other place for treatment and care or\nto such person's home whether such hospital, clinic, sanatorium or other\nplace where such person has received treatment and care is within or\nwithout the contract district or area or the territory listed on the\nambulance service certificate or certificate of registration as the\nusual territory within which the ambulance service operates. The city,\ntown, village, fire district or the fire department or fire company\nthereof which is authorized to furnish such fire protection pursuant to\ncontract shall have power to contract to furnish such general ambulance\nservice.\n d. Before any authorization is granted under paragraphs a and b of\nthis subdivision, or before any contract to furnish general ambulance\nservice is entered into pursuant to paragraph c of this subdivision, and\nbefore any public hearing is conducted as herein provided, the consents\nof the fire department, the fire company and the emergency rescue and\nfirst aid squad to furnish the general ambulance service shall be\nobtained. Each consent shall be evidenced by a copy of a resolution\ncertified, respectively, by the secretary of the fire department and\nfire company and by the officer then in command of the emergency rescue\nand first aid squad.\n e. Before authorizing general ambulance service under paragraphs a and\nb of this subdivision the governing board of a city, town, village or\nfire district shall conduct a public hearing. Before the governing board\nof a city, town, village or fire district enters into a contract for\nfire protection which contract, for the first time for a specific\ndistrict or area, provides for the furnishing of general ambulance\nservice pursuant to paragraph c of this subdivision, it shall conduct a\npublic hearing in the manner required by law, if any, for the entering\ninto of a fire protection contract therefor, but if a public hearing is\nnot required in any such case, then the public hearing shall be held as\nherein provided and the procedure for publishing notice under this\nparagraph shall be applicable. Notice of such hearing shall be published\nat least once in a newspaper or newspapers having general circulation in\nthe city, town, village or fire district, or, in the case of contracts,\nin the fire alarm district, fire protection district, or other contract\narea. In all cases the notice of hearing shall, in general terms, (1)\ndescribe the general ambulance service which is proposed to be\nfurnished, (2) describe the area to be served, (3) state the names of\nthe fire department, fire companies and emergency rescue and first aid\nsquad affected, (4) state the time and place within the city, town,\nvillage or fire district, or, in the case of contracts, the fire alarm\ndistrict, fire protection district, or other contract area, where such\nhearing will be held and (5) state that all persons residing within the\narea to be served, all persons, firms and corporations owning real\nproperty within the area to be served, and all persons, firms and\ncorporations whose business interests or employment would either be\nbenefited or adversely affected, whether or not a resident or owner of\nreal property within the area to be served, shall have the right to be\nheard in person or by representative at the public hearing. Such notice\nshall be published at least ten days prior to the date fixed for the\nhearing.\n f. After the hearing and after considering the statements made at the\nhearing the governing board shall determine whether authorizing the\nfurnishing of general ambulance service, or the entering into of a\ncontract for general ambulance service, is in the public interest. If\nthe governing board determines that it is in the public interest to\nauthorize the furnishing of general ambulance service, or to enter into\na contract for general ambulance service, it shall adopt the resolution\nauthorizing the same and within ten days thereafter cause a certified\ncopy of the resolution and the determination on which it is based to be\nfiled in the office of the clerk of the county or counties in which the\ncity, town, village or fire district is located. The consents required\nby paragraph d of this subdivision shall be filed with such resolution\nand determination.\n g. The determination of the governing board in relation to the\nfurnishing of general ambulance service shall be subject to review in\nthe manner provided in article seventy-eight of the civil practice law\nand rules provided that application has been made therefor within thirty\ndays from the date of the filing thereof. Such determination shall\nbecome final and conclusive and the resolution shall become effective at\nthe expiration of such thirty days or, if application for review be\nmade, upon the final determination thereof.\n h. When general ambulance service is authorized pursuant to this\nsubdivision, the emergency rescue and first aid squad shall answer all\ncalls and demands for such service to be furnished to sick, injured or\ndisabled persons entitled thereto, subject to such rules and regulations\nas shall be prescribed by authorities having control of such squad, and\nsubject at all times to the emergency needs of the fire department and\nany limitations upon such service specified in a fire protection\ncontract. Such rules and regulations may establish limitations on the\ndistances which may be traveled outside the area to be served in order\nto reach hospitals, clinics, sanatoriums or other places where care and\ntreatment is to be or has been furnished.\n i. Any action taken pursuant to this subdivision may be rescinded by\nresolution of the governing board which has taken such action. The term\n"resolution", as used in this subdivision two, means resolution,\nordinance, act or local law.\n j. The provisions of this subdivision two shall apply to all cities,\ntowns, villages and fire districts, except where the provisions of a\ngeneral or special law expressly prohibit the rendition of general\nambulance service by an emergency rescue and first aid squad of the fire\ndepartment thereof.\n 3. Transportation of persons. Squads and persons authorized to render\nservice pursuant to this section shall transport sick, injured or\ndisabled persons only in vehicles owned by or under the control of a\ncity, town, village, fire district, a fire department or a fire company\nunless ordered or permitted to transport such persons in other vehicles\nby the authorities having control of the fire department or fire company\nof which he is a member.\n 3-a. Mutual aid. a. The governing board of any city, town which has a\nfire department, village or fire district which has in its fire\ndepartment an emergency rescue and first aid squad composed mainly of\nvolunteer firefighters, may, by resolution authorize any such squad to\nenter into one or more mutual aid agreements as defined in subdivision\ntwenty of section three thousand one of the public health law, and/or to\ncontract with ambulance services as defined in subdivisions two and\nthree of section three thousand one of the public health law to provide\nservices when the emergency rescue and first aid squad is unavailable.\n b. The town board of a town which does not have a fire department but\nin which there is a fire corporation located outside any village, fire\ndistrict, fire alarm district or fire protection district may, by\nresolution, authorize the emergency rescue and first aid squad of such\nfire corporation to enter into one or more mutual aid agreements as\ndefined in subdivision twenty of section three thousand one of the\npublic health law, and/or to contract with ambulance services as defined\nin subdivisions two and three of section three thousand one of the\npublic health law to provide services when the emergency rescue and\nfirst aid squad is unavailable.\n * 4. Fees and charges authorized. (a) Subject to the restrictions set\nforth in paragraph (d) of this subdivision, emergency and general\nambulance service, including emergency medical service as defined in\nsection three thousand one of the public health law, authorized pursuant\nto this section may be furnished without cost to the person served;\nprovided, however, that the authorities having control of a fire\ndepartment or fire company that have authorized such fire department or\nfire company to provide such service or services may fix a schedule of\nfees or charges to be paid by persons requesting such service or\nservices. The authorities having control of a fire department or fire\ncompany may provide for the collection of fees and charges or may\nformulate rules and regulations for the collection thereof by the fire\ndepartment or fire company. When fees and charges are authorized\npursuant to this subdivision, the fees and charges collected shall be\ndisbursed in accordance with a written contract entered into between the\nauthority having control of a fire department or fire company and the\nfire department or fire company itself. If the authorities having\ncontrol of a fire department or fire company have authorized such fire\ndepartment or fire company to fix a schedule of fees or charges to be\npaid by persons requesting such service or services, and seek\nparticipation in and reimbursement from the medical assistance program,\nthe authorities having control of a fire department or fire company\nshall adhere to any medical assistance enrollment and billing\nrequirements applicable to such services prior to receiving\nreimbursement. The acceptance by any firefighter of any personal\nremuneration or gratuity, directly or indirectly, from a person served\nshall be a ground for his or her expulsion or suspension as a member of\nthe fire department or fire company.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a basic life support service which establishes a schedule\nof fees for service shall enter into a contract with a provider or\nproviders of advanced life support services to provide such advanced\nlife support services. Such contract shall at a minimum establish the\nfees for advanced life support services and the means by which said\nprovider will be reimbursed when the ambulance service bills for\nemergency medical service.\n (c) An emergency and general ambulance service, including emergency\nmedical service as defined in section three thousand one of the public\nhealth law, authorized pursuant to this section which does not issue a\nbill for its services and which requests an Advanced Life Support (ALS)\nintercept from another ambulance service furnishing service in an area\nthat is designated as a rural area by any law or regulation of the\nstate, or that is located in a rural census tract of a metropolitan\nstatistical area (as determined under the most recent Goldsmith\nModification), shall pay the ambulance service providing the ALS\nintercept an ALS Rural Intercept Fee at rates negotiated between the\nproviders of such services. In the absence of any agreed upon rates, the\nservice receiving such ALS intercept shall pay the service providing the\nALS intercept for such services at the usual and customary charge, which\nshall not be excessive or unreasonable.\n (d) An emergency and general ambulance service, including emergency\nmedical service as defined in section three thousand one of the public\nhealth law, authorized pursuant to this section to fix a schedule of\nfees or charges to be paid by persons requesting such service or\nservices, may apply such fees and charges only within such service's\nprimary response territory as assigned and evidenced by a valid\nambulance service certificate issued by the commissioner of health\npursuant to section three thousand five of the public health law, on or\nbefore January first, two thousand twenty-two.\n (e) An emergency and general ambulance service, including emergency\nmedical service as defined in section three thousand one of the public\nhealth law, authorized pursuant to this section shall not directly issue\na bill for its services to any uninsured recipient of such services.\n * NB Effective until April 9, 2031\n * 4. Fees and charges prohibited. Emergency and general ambulance\nservice authorized pursuant to this section shall be furnished without\ncost to the person served. The acceptance by any firefighter of any\npersonal remuneration or gratuity, directly or indirectly, from a person\nserved shall be a ground for his or her expulsion or suspension as a\nmember of the fire department or fire company.\n * NB Effective April 9, 2031\n 5. The term "emergency", as used in this chapter, or in any other law\nof general application, in relation to the operations of fire\ndepartments, includes, unless a contrary intent is clearly expressed or\nindicated, the search for persons and the search for, and attempts to\nrecover or the recovery of, bodies of persons even though it is posible\nor is known that all hope of life is gone.\n