Any person or corporation seeking a franchise in the county shall make application to Greene County Emergency Services. The applicant will provide any information the county shall deem reasonably necessary for a fair determination of the capability of the applicant to provide non-emergency ambulance services in the county in accordance with the requirements of state law and the county as detailed herein. Each applicant for franchise must be able to provide transport services 24 hours a day, seven days per week, 52 weeks per year within the county.
(A) Contents of application for franchise applicants will follow the guidelines established by the county and use such forms as may be required by the county which shall contain the following:
(1) A non-refundable fee of $1,200 shall accompany all original applications before consideration will be given to the application.
(2) The name and address of the applicant for franchise.
(3) The trade and all other names, if any, under which the applicant does business, along with a certified copy of an assumed name certificate stating such name or names or articles of incorporation stating such name or names.
(4) A complete resume of the training and experience of the applicant in the transportation and care of patients.
(5) A full description of the type and level of service to be provided.
(6) A description of the physical location of the place or places from which the applicant intends to operate.
(7) The manner in which the public will be able to obtain service and how the non-emergency ambulances will be dispatched.
(8) An audited financial statement of the applicant as the same pertains to operations in Greene County; said financial statement to be in such form and in such detail as may be required by the county.
(9) A description of the applicant's capability to provide non-emergent ambulance transport services.
(10) An accurate estimate of the minimum and maximum number of minutes to respond to calls service within the county.
(11) An accurate and current listing of all employees showing each person's address, phone number, driver's license number, last four digits of the social security number, and date of birth. Additionally, a current copy of each individual's current state certification shall be kept on file at all times.
(12) An accurate and current listing of all ambulance apparatus that will be used by the applicant to provide ambulance transport services. This listing will include the make, model, agency ID number. Vehicle identification number (VIN) and state permit number.
(13) A certificate of insurance in a form acceptable to Greene County, which documents that the applicant has complied with insurance coverage requirements.
(a) General liability insurance in the amount of at least $1,000,000 per occurrence, $2,000,000 umbrella coverage, for a combined total of $3,000,000, with a combined single limit with contractual coverage endorsements;
(b) Vehicle liability with insurance limits covering bodily injury, death and property damage claims in the amount of at least $1,000,000 per occurrence, $2,000,000 umbrella for combined coverage of $3,000,000, with combined single limits;
(c) Professional liability, errors and omissions insurance for all personnel in the minimum amount of $1,000,000, per occurrence, $3,000,000 combined coverage.
(d) Copies of each insurance policy listed above with original, signed, insurance certificates noting that the county shall be notified 30 days prior to any cancellation or change of any such insurance coverage. All said insurance policies shall hold the county harmless of any liability for the covered acts.
(14) A fee schedule that outlines all charges and rates for services and loaded mileage.
(15) Documentation of a training program that provides a minimum of 24 hours of annual continuing education; and should also include:
(a) Blood Borne Pathogens - Infectious Control Training;
(b) Vehicle Operations - Driver Training;
(c) HIPAA Privacy and Security Training;
(d) Harassment and Hostile Work Place;
(e) Agency Standard Operational Guidelines (SOG).
(B) Consideration of application for franchise.
(1) Greene County Emergency Services shall receive all applications for franchise from applicants.
(2) The Director of Emergency Services, or his/her designee, shall evaluate each application for compliance with the requirements of this chapter before presenting application to the.
(3) After consideration by the Director of Emergency Services, the application shall be presented to the Greene County Board of Commissioners by the County Manager with the recommendation of the Director of Emergency Services concerning an award or denial of a franchise to the applicant.
(C) No franchise shall be required for:
(1) Any entity rendering mutual aid assistance in the case of a disaster, major catastrophe, mutual aid, or emergency when the resources of Greene County are insufficient or unable to cope, and assistance has been requested.
(2) Any entity operated from a location or headquarters outside of Greene County, transporting to facilities located within Greene County, or picking up patients within Greene County for transportation to locations outside of Greene County.
(3) Ambulances owned and operated by an agency of the United States Government.
(4) Vehicles owned and operated by EMS providers chartered by the State of North Carolina as corporations and under contract to Greene County to operate in Greene County to provide emergency medical services, or municipal EMS providers, all of which are operating as part of the Greene County EMS Plan as of the effective date of this chapter.
(5) Any entity providing ambulance transportation services within the meaning of this chapter that are part of a state-certified hospital based specialty care transportation program.
(D) State permits and county franchise requirements.
(1) No person either as owner, agent, or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise be engaged in or profess to be engaged in the transportation of patients within Greene County, unless the person holds a valid permit for each ambulance used in such business or service issued by the NCOEMS, and has been granted a franchise for the operation of such service by Greene County, pursuant to this chapter.
(2) Each franchisee shall secure and retain all state and federal licenses required to handle drugs under DEA or other regulations.
(3) Compliance with law. Each franchised ambulance operator shall comply at all times with the requirements of this chapter, and all applicable federal, state and local laws relating to taxes, health, sanitation, safety, and equipment.
(E) Standards for mobile communication.
(1) Each ambulance vehicle shall be equipped with an operational two-way radio capable of establishing good quality voice communications within the geographic confines of the county to each hospital emergency department and the county's 911 Communications Center.
(2) Each non-emergency franchisee shall maintain current authorization and Federal Communication Commission licenses for all frequencies and radio transmitters operated by that provider. Copies of all authorizations and licenses shall be on display and available for inspection per the Federal Communication Commission's rules and regulations.
(3) Each base of operation must have at least one open telephone line. Telephone numbers must be registered with each law enforcement agency and Greene 911 Communications Center in Greene County.
(4) Although not required, each franchisee may join the County's 700 MHz radio system as a partnering agency, subject to the terms and conditions established by the county for each partnering agency.
(F) Other requirements of all franchisees. All franchisees must:
(1) Have the minimum equipment as specified by the NCOEMS and as specified in the guidelines adopted by the county and the County Medical Director.
(2) Participate in county mutual aid agreement.
(3) Agree that disclosure of protected and specific patient-related information to the public is forbidden, and comply with all provisions of the HIPAA privacy and security rules, as well as the HITECH Act, and all other applicable laws, regulations and rules concerning protected health information.
(4) Keep strictly confidential all records and information as required by law, ordinance, and policy, including, but not limited to, information shared in the Greene County EMS Quality Assurance Committee, personnel information, drug screen results, and other confidential information.
(5) Be responsible for keeping accurate records of all calls, as well as other records and reports required by the county or the State of North Carolina.
(6) Adopt a written policy to assure that all employees are free from impairing substances, including alcohol and drugs, while performing services under this franchise. A copy of the franchisee's written policy shall be provided to Greene County within 30 days of awarding of franchise.
(7) Adopt a written policy to assure appropriate and lawful usage of social media by all employees while performing services under this franchise. A copy of the franchisee's written policy shall be provided to Greene County within 30 days of awarding of franchise.
(8) Shall maintain and upon request of the Greene County EMS Director shall make available dispatch records, call reports, and daily inspection records.
(G) Franchise renewal. A single year franchise pursuant to this chapter shall be valid for a term of one year (12 months). This term will follow the county's fiscal year and run from July 1 of a given year to June 30 of the subsequent calendar year.
(1) The franchise may be renewed following the submission of an application and payment of a $1,200.
(2) Renewal fee is due 60 days prior to renewal date, or the franchise may not be renewed.
(H) Enforcing agency. Greene County Emergency Services shall be the enforcing agency for the regulations contained in this chapter and shall establish policies, procedures and standards for the evaluation of non-emergency ambulance franchise applications and shall:
(1) Inspect the premises, vehicles, equipment, and personnel of franchisees to assure compliance to this chapter and perform any other inspections as deemed necessary.
(2) With approval of the Emergency Services Director, recommend to the Greene County Board of Commissioners the temporary or permanent suspension of a franchise in the event of non-compliance with the terms of this chapter.
(3) Maintain all records required by this chapter and other applicable state and county regulations.
(I) Complaints, violations and penalties.
(1) Greene County Emergency Services shall assure due process for any complaints or report of ordinance violations as follows:
(a) Require written complaints filed against a franchisee be submitted to the Greene County Emergency Services Director.
(b) Provide a hearing by the Greene County Emergency Services Director where both sides have an opportunity to present their case regarding the written complaint, in writing or in person.
(c) The Greene County Emergency Services Director shall preside over the hearing.
(d) The decision of the Emergency Services Director regarding the written complaint shall be sent by mail to all parties within 15 days of the hearing, providing procedures for appeal.
(e) Upon receipt of the Director of Emergency Services' written decision, franchisee will have 15 days to send a written appeal to the Greene County Board of Commissioners.
(f) Upon receipt of written appeal from franchisee, the Greene County Board of Commissioners shall render a decision in writing within 30 days. The decision, at their discretion, may include, but is not limited to, probation, suspension, fines or termination of franchise.
(2) Penalties may be imposed for violations of or acts of non-compliance with any of the franchise terms of this chapter. Penalties may be imposed and collected Greene County Emergency Services as follows:
(a) First offense: Penalty of $500;
(b) Second offense: (If within one year of the first offense) Penalty of $1,000;
(c) Third offense: (If within one year of the second offense) Penalty of $2,000; and
(d) Fourth offense: (If within one year of the third offense) Shall cause the Emergency Services Director to recommend to the Greene County Board of Commissioners the permanent termination of the franchise.
(e) Penalties for any offense may include monetary penalties, suspension, probation, and/or termination of the franchise.
(3) Default in any of the terms or conditions of the chapter by non-emergency franchisees may cause termination of the franchise at the discretion of the county.
(J) Cessation of activity upon termination of franchise.
(1) Upon suspension, revocation, or termination of a franchise such franchised ambulance operator shall immediately cease operations.
(2) Upon suspension, revocation, or termination of a driver's license, attendant's certification or emergency medical technician certificate, such persons shall cease to drive an ambulance, perform service, or attend an ambulance.
(3) The franchisee shall not permit any person whose license or credentials are invalid to drive an ambulance or provide medical care in conjunction with the ambulance operator.
(4) Either party may terminate the franchise upon 60 days' written notice to the other party. After a notice of service termination is given, the non-emergency ambulance provider may reapply for a franchise.
(K) Change of ownership.
(1) Prior approval of the Greene County Emergency Services shall be required where ownership, control, or right of control of more than 10% of the franchise is to be acquired by a person or group of persons acting in concert, none of whom own or control 10% or more of such right of control, singularly or collectively, at the date of the franchise. By its acceptance of the franchise, the franchisee specifically agrees that any such acquisition occurring without prior approval of the Greene County Emergency Services shall constitute a violation of the franchise by the franchisee and shall be cause for penalties at the option of the Greene County Emergency Services Director and/or the Greene County Board of Commissioners.
(2) Any change of ownership of a franchised ambulance operator without the approval of the Greene County Emergency Services shall terminate the franchise immediately. A new application and fee shall be required to request franchise under new ownership or control.
(3) No franchise may be sold, assigned, mortgaged, or otherwise transferred without the approval of Greene County Emergency Services. Each franchised ambulance operator, its equipment, and the premises designated in the application, and all records relating to its maintenance and operation, as such, shall be open to inspection by the State of North Carolina, Greene County, or their designated representatives at all reasonable times.
(Ord. passed 10-19-20)