Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 26. Table of Contents]
[CHAPTER 8a. Table of Contents]
26-8a-401 State regulation of emergency medical services market.
(1) To ensure emergency medical service quality and minimize unnecessary duplication, the department shall regulate the emergency medical service market after October 1, 1999, by creating and operating a statewide system that:
(a) consists of exclusive geographic service areas as provided in Section 26-8a-402 ; and
(b) establishes maximum rates as provided in Section 26-8a-403 .
(2) (a) All licenses issued prior to July 1, 1996, shall expire as stated in the license.
(b) If no expiration date is stated on a license issued before July 1, 1996, the license shall expire on October 1, 1999, unless:
(i) the license holder requests agency action before August 1, 1999; and
(ii) before October 1, 1999, the department:
(A) finds the license has been used as the basis for responding to requests for ambulance or paramedic services during the past five years;
(B) identifies one or more specific geographic areas covered by the license in which the license holder has actively and adequately responded as the primary provider to requests for ambulance or paramedic services during the past five years; and
(C) determines that the continuation of a license in a specific geographic area identified in Subsection (2)(b)(ii)(B) satisfies:
(I) the standards established pursuant to Subsection 26-8a-404 (2); and
(II) the requirement of public convenience and necessity.
(c) If the department finds that a license meets the requirements of Subsection (2)(b), the department shall amend the license to reflect:
(i) the specific geographic area of the license; and
(ii) a four-year term extension.
(d) Before July 1, 1999, the department shall publish notice once a week for four consecutive weeks of the expiration of licenses pursuant to Subsection (2)(b) in a newspaper of general circulation in the state.
(e) Nothing in this Subsection (2) may be construed as restricting the authority of the department to amend overlapping licenses pursuant to Section 26-8a-416 .
(3) After October 1, 1999, new licenses and license renewals
shall be for a four-year term.
1999
26-8a-402 Exclusive geographic service areas.
(1) Each ground ambulance provider license issued under this part shall be for an exclusive geographic service area as described in the license. Only the licensed ground ambulance provider may respond to an ambulance request that originates within the provider's exclusive geographic service area, except as provided in Subsection (5) and Section 26-8a-416 .
(2) Each paramedic provider license issued under this part shall be for an exclusive geographic service area as described in the license. Only the licensed paramedic provider may respond to a paramedic request that originates within the exclusive geographic service area, except as provided in Subsection (6) and Section 26-8a-416 .
(3) Nothing in this section may be construed as either requiring or prohibiting that the formation of boundaries in a given location be the same for a licensed paramedic provider as it is for a licensed ambulance provider.
(4) (a) A licensed ground ambulance or paramedic provider may, as necessary, enter into a mutual aid agreement to allow another licensed provider to give assistance in times of unusual demand, as that term is defined by the committee in rule.
(b) A mutual aid agreement shall include a formal written plan detailing the type of assistance and the circumstances under which it would be given.
(c) The parties to a mutual aid agreement shall submit a copy of the agreement to the department.
(d) Notwithstanding this Subsection (4), a licensed provider may not subcontract with another entity to provide services in the licensed provider's exclusive geographic service area.
(5) Notwithstanding Subsection (1), a licensed ground ambulance provider may respond to an ambulance request that originates from the exclusive geographic area of another provider:
(a) pursuant to a mutual aid agreement;
(b) to render assistance on a case-by-case basis to that provider; and
(c) as necessary to meet needs in time of disaster or other major emergency.
(6) Notwithstanding Subsection (2), a licensed paramedic provider may respond to a paramedic request that originates from the exclusive geographic area of another provider:
(a) pursuant to a mutual aid agreement;
(b) to render assistance on a case-by-case basis to that provider; and
(c) as necessary to meet needs in time of disaster or
other major emergency.
2000
26-8a-403 Establishment of maximum rates.
(1) The department shall, after receiving recommendations under Subsection (2), establish maximum rates for ground ambulance providers and paramedic providers that are just and reasonable.
(2) The committee may make recommendations to the department
on the maximum rates that should be set under Subsection
(1).
1999
26-8a-404 (Superseded 01/01/04). Ground ambulance and paramedic licenses - Application and department review.
(1) Except as provided in Section 26-8a-413 , an applicant for a ground ambulance or paramedic license shall apply to the department for a license only by:
(a) submitting a completed application;
(b) providing information in the format required by the department; and
(c) paying the required fees, including the cost of the hearing officer.
(2) The department may make rules establishing minimum qualifications and requirements for:
(a) personnel;
(b) capital reserves;
(c) equipment;
(d) a business plan;
(e) operational procedures;
(f) resource hospital and medical direction agreements;
(g) management and control; and
(h) other matters that may be relevant to an applicant's ability to provide ground ambulance or paramedic service.
(3) An application for a license to provide ground ambulance service or paramedic service shall be for all ground ambulance services or paramedic services arising within the geographic service area, except that an applicant may apply for a license for less than all ground ambulance services or all paramedic services arising within an exclusive geographic area if it can demonstrate how the remainder of that area will be served.
(4) Upon receiving a completed application and the required fees, the department shall review the application and determine whether the application meets the minimum requirements for licensure.
(5) The department may deny an application if it finds that it contains any materially false or misleading information, is incomplete, or if the application demonstrates that the applicant fails to meet the minimum requirements for licensure.
(6) If the department denies an application, it shall
notify the applicant in writing setting forth the grounds
for the denial.
1999
26-8a-404 (Effective 01/01/04). Ground ambulance and paramedic licenses - Application and department review.
(1) Except as provided in Section 26-8a-413 , an applicant for a ground ambulance or paramedic license shall apply to the department for a license only by:
(a) submitting a completed application;
(b) providing information in the format required by the department; and
(c) paying the required fees, including the cost of the hearing officer.
(2) The department shall make rules establishing minimum qualifications and requirements for:
(a) personnel;
(b) capital reserves;
(c) equipment;
(d) a business plan;
(e) operational procedures;
(f) medical direction agreements;
(g) management and control; and
(h) other matters that may be relevant to an applicant's ability to provide ground ambulance or paramedic service.
(3) An application for a license to provide ground ambulance service or paramedic service shall be for all ground ambulance services or paramedic services arising within the geographic service area, except that an applicant may apply for a license for less than all ground ambulance services or all paramedic services arising within an exclusive geographic area if it can demonstrate how the remainder of that area will be served.
(4) (a) A ground ambulance service licensee may apply to the department for a license to provide a higher level of service as defined by department rule if:
(i) the application for the license is limited to non-911 ambulance or paramedic services; and
(ii) the application includes:
(A) a copy of the new treatment protocols for the higher level of service approved by the off-line medical director;
(B) an assessment of field performance by the applicant's off-line director; and
(C) an updated plan of operation demonstrating the ability of the applicant to provide the higher level of service.
(b) If the department determines that the applicant has demonstrated the ability to provide the higher level of service in accordance with Subsection (4)(a), the department shall issue a revised license reflecting the higher level of service and the requirements of Section 26-8a-408 do not apply.
(5) Upon receiving a completed application and the required fees, the department shall review the application and determine whether the application meets the minimum qualifications and requirements for licensure.
(6) The department may deny an application if it finds that it contains any materially false or misleading information, is incomplete, or if the application demonstrates that the applicant fails to meet the minimum qualifications and requirements for licensure under Subsection (2).
(7) If the department denies an application, it shall
notify the applicant in writing setting forth the grounds
for the denial. A denial may be appealed under Title 63,
Chapter 46b, Administrative Procedures Act.
2003
26-8a-405 (Superseded 01/01/04). Ground ambulance and paramedic licenses - Agency notice of administrative proceeding.
If the department determines that the application meets the minimum requirements for licensure under Section 26-8a-404 , the department shall:
(1) issue a notice of agency action to the applicant to commence an informal administrative proceeding;
(2) provide notice of the application to all interested parties; and
(3) publish notice of the application, at the applicant's
expense, once a week for four consecutive weeks, in a newspaper
of general circulation in the geographic service area that
is the subject of the application.
1999
26-8a-405 (Effective 01/01/04). Ground ambulance and paramedic licenses - Agency notice of approval.
(1) Beginning January 1, 2004, if the department determines that the application meets the minimum requirements for licensure under Section 26-8a-404 , the department shall issue a notice of the approved application to the applicant.
(2) A current license holder responding to a request for proposal under Section 26-8a-405.2 is considered an approved applicant for purposes of Section 26-8a-405.2 if the current license holder, prior to responding to the request for proposal, submits the following to the department:
(a) the information required by Subsection 26-8a-404 (4)(a)(ii); and
(b) if the license holder is a private entity, a financial statement, a pro forma budget and necessary letters of credit demonstrating a financial ability to expand service to a new service area; or
(c) if the license holder is a governmental entity, a
letter from the governmental entity's governing body demonstrating
the governing body's willingness to financially support the
application.
2003
26-8a-405.1 (Effective 01/01/04). Selection of provider by political subdivision.
(1) For purposes of this section and Section 26-8a-405.2 :
(a) "911 ambulance or paramedic services" means either 911 ambulance service, or 911 paramedic service, or both and:
(i) means a 911 call received by a designated dispatch center that receives 911 or E911 calls; and
(ii) does not mean a seven digit telephone call received directly by an ambulance provider licensed under this chapter;
(b) "political subdivision" means:
(i) a city or town located in a county of the first or second class as defined in Section 17-50-501 ;
(ii) a county of the first or second class;
(iii) the following districts or service areas located in a county of the first or second class:
(A) a special service district created under Title 17A, Chapter 2, Part 13, Utah Special Service District Act;
(B) a local district created after May 5, 2003 under Title 17B, Chapter 2, Local Districts, for the purpose of providing fire protection, paramedic, and emergency services; and
(C) a county service area created after May 5, 2003, under Title 17A, Chapter 2, Part 4, County Service Area, for the purpose of providing fire protection, paramedic, and emergency services; or
(iv) areas coming together as described in Subsection (3)(b)(ii).
(2) (a) Only an applicant approved under Section 26-8a-405 may respond to a request for a proposal for 911 ambulance or paramedic services issued in accordance with Section 26-8a-405.2 by a political subdivision.
(b) A response to a request for proposal is subject to the maximum rates established by the department under Section 26-8a-403 .
(c) A political subdivision may award a contract to an applicant for the provision of 911 ambulance or paramedic services:
(i) in accordance with Section 26-8a-405.2 ; and
(ii) subject to Subsection (3).
(3) (a) The department shall issue a license to an applicant selected by a political subdivision under Subsection (2) unless the department finds that issuing a license to that applicant would jeopardize the health, safety, and welfare of the citizens of the geographic service area.
(b) A license issued under this Subsection (3):
(i) is for the exclusive geographic service area approved by the department in accordance with Subsection 26-8a-405.2 (3);
(ii) is valid for four years;
(iii) is not subject to a request for license from another applicant under the provisions of Sections 26-8a-406 through 26-8a-409 during the four-year term, unless the applicant's license is revoked under Section 26-8a-504 ; and
(iv) is subject to supervision by the department under Sections 26-8a-503 and 26-8a-504 .
(4) The provisions of Sections
26-8a-406
through
26-8a-409
do not apply to a license issued under this
section.
2003
26-8a-405.2 (Effective 01/01/04). Selection of provider - Public bid - Public convenience and necessity.
(1) (a) A political subdivision may contract with an applicant approved under Section 26-8a-404 to provide 911 ambulance or paramedic services for the geographic service area that is approved by the department in accordance with Subsection (2), if the political subdivision complies with the provisions of this section.
(b) The provisions of this section and Section 26-8a-405.1 do not require a political subdivision to issue a request for proposal for ambulance or paramedic services. If a political subdivision does not contract with an applicant in accordance with this section, the provisions of Sections 26-8a-406 through 26-8a-409 apply to the issuance of a license for ambulance or paramedic services in the geographic service area that is within the boundaries of the political subdivision.
(c) (i) For purposes of this Subsection (1)(c):
(A) "local district" and "county service area" are defined in Subsection 26-8a-405.1(1)(b)(iii);
(B) "participating municipality" means a city or town whose area is partly or entirely included within a county service area or local district; and
(C) "participating county" means a county whose unincorporated area is partly or entirely included within a county service area or local district.
(ii) A participating municipality or participating county may contract with a provider for 911 ambulance or paramedic service as provided in this section.
(iii) If the participating municipality or participating county contracts with a provider for 911 ambulance or paramedic services under this section:
(A) the county service area or local district is not obligated to provide the ambulance or paramedic services that are included in the contract between the participating municipality or the participating county and the 911 ambulance or paramedic provider;
(B) the county service area and local district may impose taxes and obligations within the county service area or local district in the same manner as if the participating municipality or participating county were receiving all services offered by the local district or county service area; and
(C) the participating municipality's and participating county's obligations to the local district or county service area are not diminished.
(2) (a) The political subdivision shall submit the request for proposal and the exclusive geographic service area to be included in the request for proposal to the department for approval prior to issuing the request for proposal. The department shall approve the request for proposal and the exclusive geographic service area:
(i) unless the geographic service area creates an orphaned area; and
(ii) in accordance with Subsections (2)(b) and (c).
(b) The exclusive geographic service area may:
(i) include the entire geographic service area that is within the political subdivision's boundaries;
(ii) include islands within or adjacent to other peripheral areas not included in the political subdivision that governs the geographic service area; or
(iii) exclude portions of the geographic service area within the political subdivision's boundaries if another political subdivision or licensed provider agrees to include the excluded area within their license.
(c) The proposed geographic service area for 911 ambulance or paramedic service must demonstrate that non-911 ambulance or paramedic service will be provided in the geographic service area, either by the current provider, the applicant, or some other method acceptable to the department. The department may consider the effect of the proposed geographic service area on the costs to the non-911 provider and that provider's ability to provide only non-911 services in the proposed area.
(3) (a) (i) A political subdivision may select an applicant approved by the department under Section 26-8a-404 to provide 911 ambulance or paramedic services by contract let to the lowest, responsive, and responsible bidder after publication of notice at least once a week for three consecutive weeks in a newspaper of general circulation published in the county, or if there is no such newspaper, then after posting such notice for at least 20 days in at least five public places in the county.
(ii) The applicants who are approved under Section 26-8a-405 and who are selected under Subsection (3)(a)(i) may be any other public entity or entities, any private person or entity, or any combination thereof.
(b) A political subdivision may reject all of the bids.
(4) In seeking bids and awarding contracts under this section, a political subdivision:
(a) shall follow the provisions of Section 63-56-20;
(b) shall consider the public convenience and necessity factors listed in Subsections 26-8a-408 (2), (3), and (4);
(c) shall require the applicant responding to the bid to disclose how the applicant will meet performance standards in the request for proposal;
(d) may not require or restrict an applicant to a certain method of meeting the performance standards; and
(e) (i) shall require an applicant to submit the bid based on full cost accounting in accordance with generally accepted accounting principals; and
(ii) if the applicant is a governmental entity, in addition
to the requirements of Subsection (4)(e)(i), in accordance
with generally accepted government auditing standards and
in compliance with the State of Utah Legal Compliance Audit
Guide.
2003
26-8a-406 (Superseded 01/01/04). Ground ambulance and paramedic licenses - Parties.
(1) An interested party has 30 days to object to an application.
(2) If an interested party objects, the presiding officer must join the interested party as an indispensable party to the proceeding.
(3) The department may join the proceeding as a party to represent the public interest.
(4) Others who may be affected by the grant of a license
to the applicant may join the proceeding, if the presiding
officer determines that they meet the requirement of legal
standing.
1999
26-8a-406 (Effective 01/01/04). Ground ambulance and paramedic licenses - Parties.
(1) When an applicant approved under Section 26-8a-404 seeks licensure under the provisions of Sections 26-8a-406 through 26-8a-409 , the department shall:
(a) issue a notice of agency action to the applicant to commence an informal administrative proceeding;
(b) provide notice of the application to all interested parties; and
(c) publish notice of the application, at the applicant's expense, once a week for four consecutive weeks, in a newspaper of general circulation in the geographic service area that is the subject of the application.
(2) An interested party has 30 days to object to an application.
(3) If an interested party objects, the presiding officer must join the interested party as an indispensable party to the proceeding.
(4) The department may join the proceeding as a party to represent the public interest.
(5) Others who may be affected by the grant of a license
to the applicant may join the proceeding, if the presiding
officer determines that they meet the requirement of legal
standing.
2003
26-8a-407 Ground ambulance and paramedic licenses - Proceedings.
(1) The presiding officer shall:
(a) commence an informal adjudicative proceeding within 120 days of receiving a completed application;
(b) meet with the applicant and objecting interested parties and provide no less than 120 days for a negotiated resolution, consistent with the criteria in Section 26-8a-408 ;
(c) set aside a separate time during the proceedings to accept public comment on the application; and
(d) present a written decision to the executive director if a resolution has been reached that satisfies the criteria in Section 26-8a-408 .
(2) At any time during an informal adjudicative proceeding under Subsection (1), any party may request conversion of the informal adjudicative proceeding to a formal adjudicative proceeding in accordance with Section 63-46b-4 .
(3) Upon conversion to a formal adjudicative proceeding, a hearing officer shall be assigned to the application as provided in Section 26-8a-409 . The hearing office shall:
(a) set aside a separate time during the proceedings to accept public comment on the application;
(b) apply the criteria established in Section 26-8a-408 ; and
(c) present a recommended decision to the executive director in writing.
(4) The executive director may, as set forth in a final written order, accept, modify, reject, or remand the decision of a presiding or hearing officer after:
(a) reviewing the record;
(b) giving due deference to the officer's decision; and
(c) determining whether the criteria in Section
26-8a-408
have been satisfied.
1999
26-8a-408 Criteria for determining public convenience and necessity.
(1) The criteria for determining public convenience and necessity is set forth in Subsections (2) through (6).
(2) Access to emergency medical services must be maintained or improved. The officer shall consider the impact on existing services, including the impact on response times, call volumes, populations and exclusive geographic service areas served, and the ability of surrounding licensed providers to service their exclusive geographic service areas. The issuance or amendment of a license may not create an orphaned area.
(3) The quality of service in the area must be maintained or improved. The officer shall consider the:
(a) staffing and equipment standards of the current licensed provider and the applicant;
(b) training and certification levels of the current licensed provider's staff and the applicant's staff;
(c) continuing medical education provided by the current licensed provider and the applicant;
(d) levels of care as defined by department rule;
(e) plan of medical control; and
(f) the negative or beneficial impact on the regional emergency medical service system to provide service to the public.
(4) The cost to the public must be justified. The officer must consider:
(a) the financial solvency of the applicant;
(b) the applicant's ability to provide services within the rates established under Section 26-8a-403 ;
(c) the applicant's ability to comply with cost reporting requirements;
(d) the cost efficiency of the applicant; and
(e) the cost effect of the application on the public, interested parties, and the emergency medical services system.
(5) Local desires concerning cost, quality, and access must be considered. The officer shall assess and consider:
(a) the existing provider's record of providing services and the applicant's record and ability to provide similar or improved services;
(b) locally established emergency medical services goals, including those established in Subsection (7);
(c) comment by local governments on the applicant's business and operations plans;
(d) comment by interested parties that are providers on the impact of the application on the parties' ability to provide emergency medical services;
(e) comment by interested parties that are local governments on the impact of the application on the citizens it represents; and
(f) public comment on any aspect of the application or proposed license.
(6) Other related criteria:
(a) the officer considers necessary; or
(b) established by department rule.
(7) The role of local governments in the licensing of ground ambulance and paramedic providers that serve areas also served by the local governments is important. The Legislature strongly encourages local governments to establish cost, quality, and access goals for the ground ambulance and paramedic services that serve their areas.
(8) In a formal adjudicative proceeding, the applicant
bears the burden of establishing that public convenience
and necessity require the approval of the application for
all or part of the exclusive geographic service area requested.
1999
26-8a-409 Ground ambulance and paramedic licenses - Hearing and presiding officers.
(1) The department shall set certification and training standards for hearing officers and presiding officers.
(2) At a minimum, a presiding officer shall:
(a) be familiar with the theory and application of public convenience and necessity; and
(b) have a working knowledge of the emergency medical service system in the state.
(3) In addition to the requirements in Subsection (2), a hearing officer shall also be licensed to practice law in the state.
(4) The department shall provide training for hearing officer and presiding officer candidates in the theory and application of public convenience and necessity and on the emergency medical system in the state.
(5) The department shall maintain a roster of no less than five individuals who meet the minimum qualifications for both presiding and hearing officers and the standards set by the department.
(6) The parties may mutually select an officer from the roster if the officer is available.
(7) If the parties cannot agree upon an officer under
Subsection (4), the department shall randomly select an officer
from the roster or from a smaller group of the roster agreed
upon by the applicant and the objecting interested parties.
1999
26-8a-410 Local approvals.
(1) Licensed ambulance providers and paramedic providers must meet all local zoning and business licensing standards generally applicable to businesses operating within the jurisdiction.
(2) Publicly subsidized providers must demonstrate approval of the taxing authority that will provide the subsidy.
(3) A publicly operated service must demonstrate that
the governing body has approved the provision of services
to the entire exclusive geographic service area that is the
subject of the license, including those areas that may lie
outside the territorial or jurisdictional boundaries of the
governing body.
1999
26-8a-411 (Superseded 01/01/04). Limitation on repetitive applications.
A person who has previously applied for a license under this part may not apply for a license for the same service that covers any exclusive geographic service area that was the subject of the prior application unless:
(1) one year has passed from the date of the issuance of a final decision under Section 26-8a-407 ; or
(2) all interested parties and the department agree that
a new application is in the public interest.
1999
26-8a-411 (Effective 01/01/04). Limitation on repetitive applications.
A person who has previously applied for a license under Sections 26-8a-406 through 26-8a-409 may not apply for a license for the same service that covers any exclusive geographic service area that was the subject of the prior application unless:
(1) one year has passed from the date of the issuance of a final decision under Section 26-8a-407 ; or
(2) all interested parties and the department agree that
a new application is in the public interest.
2003
26-8a-412 License for air ambulance providers.
(1) An applicant for an air ambulance provider shall apply to the department for a license only by:
(a) submitting a complete application;
(b) providing information in the format required by the department; and
(c) paying the required fees.
(2) The department may make rules establishing minimum qualifications and requirements for:
(a) personnel;
(b) capital reserves;
(c) equipment;
(d) business plan;
(e) operational procedures;
(f) resource hospital and medical direction agreements;
(g) management and control qualifications and requirements; and
(h) other matters that may be relevant to an applicant's ability to provide air ambulance services.
(3) Upon receiving a completed application and the required fees, the department shall review the application and determine whether the application meets the minimum requirements for licensure.
(4) The department may deny an application for an air ambulance if:
(a) the department finds that the application contains any materially false or misleading information or is incomplete;
(b) the application demonstrates that the applicant fails to meet the minimum requirements for licensure; or
(c) the department finds after inspection that the applicant does not meet the minimum requirements for licensure.
(5) If the department denies an application under this
section, it shall notify the applicant in writing setting
forth the grounds for the denial.
1999
26-8a-413 (Superseded 01/01/04). License renewals.
(1) A licensed provider desiring to renew its license must meet the renewal requirements established by department rule.
(2) The department shall issue a renewal license for a ground ambulance provider or a paramedic provider upon the licensee's application for a renewal and without a public hearing if there has been no:
(a) change in controlling interest in the ownership of the licensee as defined in Section 26-8a-415 ;
(b) serious, substantiated public complaints filed with the department against the licensee during the term of the previous license;
(c) material or substantial change in the basis upon which the license was originally granted;
(d) reasoned objection from the committee or the department; and
(e) conflicting license application.
(3) The department shall issue a renewal license for an
air ambulance provider upon the licensee's application for
renewal and completion of the renewal requirements established
by department rule.
1999
26-8a-413 (Effective 01/01/04). License renewals.
(1) A licensed provider desiring to renew its license must meet the renewal requirements established by department rule.
(2) The department shall issue a renewal license for a ground ambulance provider or a paramedic provider upon the licensee's application for a renewal and without a public hearing if there has been:
(a) no change in controlling interest in the ownership of the licensee as defined in Section 26-8a-415 ;
(b) no serious, substantiated public complaints filed with the department against the licensee during the term of the previous license;
(c) no material or substantial change in the basis upon which the license was originally granted;
(d) no reasoned objection from the committee or the department; and
(e) if the applicant was licensed under the provisions of Sections 26-8a-406 through 26-8a-409 , no conflicting license application.
(3) (a) (i) The provisions of this Subsection (3) apply to a provider licensed under the provisions of Sections 26-8a-405.1 and 26-8a-405.2 .
(ii) A provider may renew its license if the provisions of Subsections (1), (2)(a) through (d), and this Subsection (3) are met.
(b) (i) The department shall issue a renewal license to a provider upon the provider's application for renewal for one additional four-year term if the political subdivision certifies to the department that the provider has met all of the specifications of the original bid.
(ii) If the political subdivision does not certify to the department that the provider has met all of the specifications of the original bid, the department may not issue a renewal license and the political subdivision must enter into a public bid process under Sections 26-8a-405.1 and 26-8a-405.2 .
(c) (i) The department shall issue an additional renewal license to a provider who has already been issued a one-time renewal license under the provisions of Subsection (3)(b)(i) if the department and the political subdivision do not receive, prior to the expiration of the provider's license, written notice from an approved applicant informing the political subdivision of the approved applicant's desire to submit a bid for ambulance or paramedic service.
(ii) If the department and the political subdivision receive the notice in accordance with Subsection (3)(c)(i), the department may not issue a renewal license and the political subdivision must enter into a public bid process under Sections 26-8a-405.1 and 26-8a-405.2 .
(4) The department shall issue a renewal license for an
air ambulance provider upon the licensee's application for
renewal and completion of the renewal requirements established
by department rule.
2003
26-8a-414 Annexations.
(1) If a licensee is a municipality that desires to provide service to an area that it has annexed, the municipality may apply to the department to amend its license to include the annexed area. Upon receipt of a completed application to amend the license, the department shall notify in writing all other licensed providers who serve any portion of the annexed area of the municipality's application.
(2) If the department does not receive an objection from a licensed provider that serves some portion of the annexed area within 30 days of issuing the notice that identifies an adverse impact to the provider or the public, the department shall:
(a) review the application to amend the license to determine whether the applicant can adequately provide services to the proposed area and whether the public interest in the areas of cost, quality, and access would be harmed; and
(b) if the application meets the requirements of Subsection (2)(a), amend the municipality's license and all other affected licenses to reflect the municipality's new boundaries.
(3) If an objection is received under Subsection (2),
the municipality shall file a standard application for a
license with the department under the provisions of Sections
26-8a-404
through
26-8a-409
.
2000
26-8a-415 Changes in ownership.
(1) A licensed provider whose ownership or controlling ownership interest has changed shall submit information to the department, as required by department rule:
(a) to establish whether the new owner or new controlling party meets minimum requirements for licensure; and
(b) except as provided in Subsection (2), to commence an administrative proceeding to determine whether the new owner meets the requirement of public convenience and necessity under Section 26-8a-408 .
(2) An administrative proceeding is not required under Subsection (1)(b) if:
(a) the change in ownership interest is among existing owners of a closely held corporation and the change does not result in a change in the management of the licensee or in the name of the licensee;
(b) the change in ownership in a closely held corporation results in the introduction of new owners, provided that:
(i) the new owners are limited to individuals who would be entitled to the equity in the closely held corporation by the laws of intestate succession had the transferor died intestate at the time of the transfer;
(ii) the majority owners on January 1, 1999, have been disclosed to the department by October 1, 1999, and the majority owners on January 1, 1999, retain a majority interest in the closely held corporation; and
(iii) the name of the licensed provider remains the same;
(c) the change in ownership is the result of one or more owners transferring their interests to a trust, limited liability company, partnership, or closely held corporation so long as the transferors retain control over the receiving entity;
(d) the change in ownership is the result of a distribution of an estate or a trust upon the death of the testator or the trustor and the recipients are limited to individuals who would be entitled to the interest by the laws of intestate succession had the transferor died intestate at the time of the transfer; or
(e) other similar changes that the department establishes,
by rule, as having no significant impact on the cost, quality,
or access to emergency medical services.
1999
26-8a-416 Transition to eliminate inconsistent licenses.
(1) By May 30, 2000, the department shall review all licenses in effect on October 2, 1999, to identify overlap, as defined in department rule, in the service areas of two or more licensed providers.
(2) By June 30, 2000, the department shall notify all licensed providers affected by an overlap. By September 30, 2000, the department shall schedule, by order, a deadline to resolve each overlap, considering the effects on the licensed providers and the areas to be addressed.
(3) For each overlap, the department shall meet with the affected licensed providers and provide 120 days for a negotiated resolution, consistent with the criteria in Section 26-8a-408 .
(4) (a) If a resolution is reached under Subsection (2) that the department finds satisfies the criteria in Section 26-8a-408 , the department shall amend the licenses to reflect the resolution consistent with Subsection (6).
(b) If a resolution is not reached under Subsection (2), the department or any of the licensed providers involved in the matter may request the commencement of a formal adjudicative proceeding to resolve the overlap.
(5) The department shall commence adjudicative proceedings for any overlap that is not resolved by July 1, 2003.
(6) Notwithstanding the exclusive geographic service requirement of Section 26-8a-402 , the department may amend one or more licenses after a resolution is reached or an adjudicative proceeding has been held to allow:
(a) a single licensed provider to serve all or part of the overlap area;
(b) more than one licensed provider to serve the overlap area;
(c) licensed providers to provide different types of service in the overlap area; or
(d) licenses that recognize service arrangements that existed on September 30, 1999.
(7) Notwithstanding Subsection (6), any license for an overlap area terminates upon:
(a) relinquishment by the provider; or
(b) revocation by the department.
1999
