§ 242.08  USER FEES.
   (a)   Establishment.
      (1)   The Public Safety Director, in conjunction with the Fire Chief, shall establish and publish user fees for ambulance services, EMS services, and fire services provided by the Fire Division.  The Public Safety Director shall periodically review and adjust such fees to reflect any rate changes, state/federal reimbursement schedule changes, or increases in cost.
      (2)   All user fees for ambulance services shall be comparable to the usual, customary and reasonable (UCR) fee schedule as may be established from time-to-time by either a State or Federal agency, or by an insurance trade association as may be recognized or otherwise authorized by law to establish such UCR fee schedule. 
      (3)   All user fees for EMS services shall be comparable to the usual, customary and reasonable (UCR) fee schedule as may be established from time-to-time by either a State or Federal agency, or by an insurance trade association as may be recognized or otherwise authorized by law to establish such UCR fee schedule. 
      (4)   The rate of the user fee for fire services may include the costs of any services, personnel, supplies and equipment the Fire Division incurs in responding to the call for service.
      (5)   User fees may also be established for hazmat situations, refusal of treatment and non- transports, false alarm calls, fire inspections or any other service provided by the Division of Fire for which the Public Safety Director, in conjunction with the Fire Chief, finds reasonable and necessary.
   (b)   Billing.  The Public Safety Director, in consultation with the Fire Chief and Finance Director, shall develop billing and collection procedures for the established user fees.  The City may enter into an agreement with a billing and/or collection agency or third-party administrator to implement the billing and collection of the user fees.  The user fees may be charged to and billed to:
      (1)   The person being treated, attended to or rescued by Fire Division personnel or who otherwise requested or has need of EMS Services, or the person who may be responsible for such person being treated, attended or rescued or who requested or has need of EMS Services, or the insurance carrier of said persons;
      (2)   The person, organization, facility, hospital or other entity who requests the provision of Ambulance Services for its patient;
      (3)   The owner of the motor vehicle when spills or debris around the vehicle are cleaned up, fires are extinguished or the site of the accident around the vehicle is secured, or the insurance carrier of said owner; and/or
      (4)   The owner of property requiring the control or extinguishment of fires and other emergency services as provided by Fire Division personnel, or the insurance carrier of said owner.  When the user fee is billed to the insurance carrier, it shall be considered an add-on cost of the individual's, persons' or company's claim for damages of the vehicles, property and/or for injuries.
   (c)   Mutual Aid.  When EMS Services are provided by the Fire Division to persons outside the City's limits pursuant to a mutual aid agreement, the City's established user fee may be charged to the person receiving such EMS Services in accordance with the City's billing procedures, unless otherwise provided in the mutual aid agreement.  When EMS services are provided within the City's limits by another entity pursuant to a mutual aid agreement, the entity may charge the person receiving such services its established user fee in accordance with that entity's billing practices, unless otherwise provided in the mutual aid agreement.
   (d)   Authority of the Public Safety Director.  The Public Safety Director shall have following authority in administering the user fees and billing and collection of the same under this section:
      (1)   To make all final determinations in the event of a disagreement or disputed charge;
      (2)   To waive the user fee or any portion thereof where he or she finds and determines that the person who received the services is indigent or otherwise unable to pay for such services and there is no other source for the payment thereof.
   (e)   Revenue.  All amounts collected by or for the user fees established under the authority of this section shall be placed into the City's Police and Fire Fund for use by the Division of Fire.
   (f)   Definitions.  As used in this section:
      (1)   "Ambulance Services" include, but are not limited to, transports of patients from nursing homes, treatment facilities, or assisted living services to a hospital or other medical facility.
      (2)   "EMS Services" means any of the services described in ORC 4765.35, 4765.37, 4764.38 and 4765.39 that are performed by the Division of Fire and includes such services performed before or during any transport of a patient, including transports between hospitals and transports to and from helicopters, or when such services are performed by the Division of Fire when the patient then refuses transport.
      (3)   "Fire Services" include, but are not limited to, extinguishment of fires, extrication of entrapped individuals, cleaning of spills and debris, structure fires and other services which may be needed at the scene of motor vehicle accidents, vehicle fires, structure fires or other emergency scenes.
(Ord. 02-21.  Passed 07/11/02; Ord. 2019-19. Passed 09/26/19)