To: Board of Supervisors
From: Supervisor Williams
Meeting Date: July 25, 2023
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Department Contact: |
Supervisor Williams |
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707-937-3500 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Approval of Request to the California Highway Patrol (CHP) Commissioner to Exempt Ambulance Regulations, Asserting an Exemption is Necessary for Public Health and Safety
(Sponsor: Supervisors Williams)
End
Recommended Action/Motion:
recommendation
Approve request to the California Highway Control (CHP) commissioner to exempt ambulance regulations, asserting an exemption is necessary for public health and safety.
End
Previous Board/Board Committee Actions:
None.
Summary of Request:
Since July 1, 2020, Adventist Health Mendocino has been operating an ambulance. Adventist Health Mendocino took over the previous ambulance provider from the Mendocino Coast Health Care District Hospital, as part of a larger deal to save the community hospital and various service lines the community relies upon. Generally, an ambulance provider is required to have a California Highway Patrol (“CHP”) license, unless exempt from such requirement. Due to various difficulties facing AH Mendocino, including the COVID-19 pandemic and numerous challenges resulting from the transition in operations from the District Hospital, which was exempt from CHP licensure, AH Mendocino did not receive its own CHP license until April 27, 2022. The lack of licensure for the period between July 1, 2020 and April 27, 2022 may impact AH Mendocino’s ability to bill Medicare and Medi-Cal for crucial and necessary ambulance services provided during this time to the Mendocino County community. Forgoing reimbursement for this period or returning payments would negatively impact AH Mendocino’s ability to continue to be able to provide this critical service. AH Mendocino is committed to ensuring compliance with all state and local requirements. To that end, AH Mendocino is seeking a retroactive exemption from CHP licensure of its ambulance for the period of July 1, 2020 through April 26, 2022.
Under California law, there is a mandatory exemption whereby the CHP commissioner shall exempt ambulance regulations upon request of the County Board of Supervisors, when the request asserts that “an exemption is necessary for public health and safety.” (Veh. Code, § 2512.)
Per California Code of Regulations, title 13, section 1108(b)(1),
(1) The ambulance service name, which is Adventist Health Mendocino Coast.
(2) The specific exemption requested, which is to be exempt from the requirement under Cal. Code Regs., tit. 13, § 1107 that private ambulance owners obtain a CHP emergency ambulance service license for the period of July 1, 2020 to April 26, 2022.
(3) Findings from the Mendocino County Emergency Medical Care Committee (the “Committee”) pertaining to the exemption. Mendocino County’s EMCC is pending counsel review of membership to avoid conflicts of interest. AH Mendocino has not approached the EMCC.
(4) A statement from Board that the exemption is necessary for public health and safety. This exemption is justified because AH Mendocino already provided services, which were essential to ensuring that Mendocino County residents had timely access to emergency care, and it is only fair to enable AH Mendocino to be properly reimbursed for those services. Moreover, without proper reimbursement, AH Mendocino faces the risk of insufficient funding to continue to provide necessary services, which could jeopardize the public health and safety
Alternative Action/Motion:
Take no action.
Does This Item Support the General Plan? Yes
Strategic Plan Priority Designation: A Prepared and Resilient County
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: Existing General Fund |
budgeted in current f/y: Yes |
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current f/y cost: Budgeted |
if no, please describe: |
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annual recurring cost: Wash |
revenue agreement: N/A |
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budget clarification: N/A |
Agreement/Resolution/Ordinance Approved by County Counsel: N/A
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CEO Liaison: Executive Office |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Approved |
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Date: July 25, 2023 |
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