5.40.070 Standard of care – Service fees for nonemergency use of EMS system.
A. Care facilities that are required to obtain a specialty business license from the city are expected to provide a standard of care for their residents that meets or exceeds the requirements of the state of Oregon without assistance from the city’s EMS system. In addition to any requirements imposed by the state, licensed care facilities are expected to be capable of performing the following activities without the assistance of the city’s EMS system:
1. Assisting residents who have fallen and are not injured;
2. Evaluating a resident who experiences a change of condition;
3. Performing a lift assist;
4. Assisting residents to renew their prescriptions in a timely manner;
5. Transporting residents to hospital because care facility failed to assist a resident in renewing their prescription;
6. Starting an IV;
7. Replacing a Foley catheter;
8. Performing wound care; or
9. Transporting a resident by wheelchair car, medical taxis, and stretcher cars, or facility van, whether for the convenience of a patient, family, physician or licensed care facility.
B. Care facilities will be assessed a service fee for each nonemergency use of the city’s EMS system for the purpose of:
1. Providing nonemergency or nonessential services described in this section;
2. Complying with corporate or company policies designed to transfer liability from the care facility;
3. Transporting patients from a licensed care facility for services that the licensed care facility is expected to be capable of performing with its own resources and staff;
4. Transporting patients by ambulance service when not medically necessary; and
5. Transporting patients at a higher level of service (advanced life support) when a lower level of service would suffice (i.e., wheelchair car, medical taxis, and stretcher cars, or facility van).
C. The determination regarding whether to assess a fee for any EMS call to the facility for nonemergency calls will be made by the ranking city officer on scene in response to the EMS call.
D. The amount of the fee for nonemergency use of the city’s EMS system will be established by resolution of the city council.
E. All monies received by the city from fees authorized by this section shall be deposited in the ambulance fund for the purpose of supporting the city’s EMS operations.
F. Care facilities are prohibited from seeking reimbursement or payment of any portion of the fees imposed by this section from any resident or patient of the facility. Violation of this subsection by any person is classified as a Class A violation, pursuant to ORS 153.012. (Ord. 5059 §1 (Exh. A (part)), 2018).