HomeMy WebLinkAboutORD 3537ORDINANCE NO.3537
BILL NO.43
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 6, BY THE ADDITION OF A NEW ARTICLE, ARTICLE 3, PERTAINING
TO THE SERVICE FEES FOR CERTAIN SERVICE CALLS TO ASSISTED LIVING
FACILITIES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS
AND PARTS THEREOF, IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State
of Idaho:
Section 1. That Chapter 6, of the Caldwell City Code is hereby amended by the
addition of a new Article, Article 3, as follows:
06-03-01: SERVICE FEES FOR NON -EMERGENCY UTILIZATION OF EMS
SERVICES:
1. PURPOSE
The purpose of this Chapter 6, Article 3, Caldwell City Code is to address an ongoing issue faced
by the City of Caldwell and its Fire Department and other emergency medical service proividers
related to non -emergency calls to Assisted Living Facilities in the City of Caldwell. This issue
results in Emergency Medical Services dedicating a statistically significant portion of their total
available service time to supplement staffing at Assisted Living Facilities in Caldwell, which
results in an increased cost to the City of Caldwell through the need for more Emergency Medical
Services personnel and equipment to serve the City at any given time. The purpose of this Article
is not to create a punitive structure, but, rather, to permit the City of Caldwell to recover actual
costs associated with providing non -emergency care to Assisted Living Facilities.
2. AUTHORITY
This Article is authorized by Idaho Code 63-1311, and has been adopted in conformance with that
procedure set forth in Idaho Code 63-1311A.
3. DEFINITIONS
A. Assisted Living Facility: A housing facility for people with disabilities or for adults
who cannot or who choose not to live independently.
B. Emergency Medical Services: Medical services provided by the Caldwell Fire
Department and Canyon County Paramedics.
C. Non -Emergency Service Calls: Include all calls to Emergency Medical Services
where the need for such services is solely as the result of insufficient staffing at an
Assisted Living Facility, including: calls where a resident needs to be moved from a
prone position to a sitting position, or from a sitting position to a standing position;
calls related to faulty or chirping fire alarm or other emergency alarm systems where
the call is the result of a failure to properly operate or maintain said system, or the
Ord. 3537 — Page 1
absence of personnel authorized or trained in the operation thereof, [CHIEF, ANY
OTHER ITEMS YOU WANT ADDED TO THIS DEFINITION?]
4. FEE FOR SERVICES
A. In the event an Assisted Living Facility, by or through any of its agents, employees, or
other representatives, requests, and is provided, Emergency Medical Services for a
Non -Emergency Service Call, said facility shall incur a charge in the amount of two
hundred dollars ($200.00). This fee is reasonably related to, but does not exceed, the
actual cost of providing said services.
B. The City of Caldwell shall provide a bill to said Assisted Living Facility within thirty
(30) days of said Non -Emergency Service Call, which bill shall be paid by said facility
within thirty (30) days of the receipt thereof. Said bill shall be provided by certified
mail.
C. All service fees not paid within thirty (30) days after the due date shall be considered
delinquent.
D. The City is hereby authorized to pursue the recovery of such delinquent fees in
accordance with Idaho Code 63-1311.
5. APPEALS
A. Any Assisted Living Facility that has been assessed a fee for a Non -Emergency Service
Call that believes that such fee has been assessed in error may appeal the same to the
Chief of the Caldwell Fire Department.
i. Notice of such appeal must be received, in writing, by the City Clerk within
thirty (30) days of receipt of the bill described above.
ii. The Chief of the Caldwell Fire Department shall schedule a hearing time within
fourteen (14) days of receipt of said appeal, and notice of the time and place of
such hearing shall be provided to the Assisted Living Facility.
iii. The Chief of the Caldwell Fire Department shall hear testimony and evidence
from the Assisted Living Facility, and shall render a written decision as to
whether the fee for the Non -Emergency Service Call was properly or
improperly levied against said facility.
iv. Said written decision shall be sent to the Assisted Living Facility via certified
mail.
B. An Assisted Living Facility may appeal the decision of the Chief of the Caldwell Fire
Department to the City Council.
i. Such hearing shall be governed by the procedures set forth in Caldwell City
Code, Chapter 1, Article 5.
Section 2. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 3. This ordinance is hereby declared to be severable. If any portion of this
ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall
Ord. 3537 — Page 2
continue in full force and effect and shall be read to carry out the purposes of the ordinance before
the declaration of partial invalidity.
Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are
repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 1911 day of
September, 2023.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 1911 day of
September, 2023.
Y'M'0"'I*
Mayor Jarom Wagoner
ATTEST:
City Clerk (or Deputy)
10•••'ov CAC "'•.
Goa�0 k�,•y
JAN 15
G�
i l89a • �!'
Ord. 3537 — Page 3