AN ACT CONCERNING EMERGENCY MEDICAL SERVICES AND THE CERTIFICATE OF NEED PROCESS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 19a-180 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(a) (1) No person shall operate any ambulance service, rescue service or management service without either a license or a certificate issued by the commissioner. No person shall operate a commercial ambulance service or commercial rescue service or a management service without a license issued by the commissioner. A certificate shall be issued to any volunteer or municipal ambulance service [which] that shows proof satisfactory to the commissioner that it meets the minimum standards of the commissioner in the areas of training, equipment and personnel. Applicants for a license shall use the forms prescribed by the commissioner and shall submit such application to the commissioner accompanied by an annual fee of one hundred dollars.

(2) In considering requests for approval of permits for new or expanded emergency medical services in any region, the commissioner shall consult with the Office of Emergency Medical Services and the emergency medical services council of such region and shall hold a public hearing to determine the necessity for such services, except as provided in subdivision (3) of this subsection. Written notice of such hearing shall be given to current providers in the geographic region where such new or expanded services would be implemented, provided, any volunteer ambulance service [which] that elects not to levy charges for services rendered under this chapter shall be exempt from the provisions concerning requests for approval of permits for new or expanded emergency medical services set forth in this subsection.

(3) Any ambulance, rescue or management service that is licensed or certified by the commissioner pursuant to this chapter may add one emergency vehicle to its service per calendar year without undergoing a needs assessment by the Department of Public Health or the Office of Emergency Medical Services, provided the operator of such ambulance, rescue or management service notifies the commissioner one month prior to the deployment of such vehicle.

(4) Each applicant for licensure shall furnish proof of financial responsibility which the commissioner deems sufficient to satisfy any claim. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to establish satisfactory kinds of coverage and limits of insurance for each applicant for either licensure or certification. Until such regulations are adopted, the following shall be the required limits for licensure: [(1)] (A) For damages by reason of personal injury to, or the death of, one person on account of any accident, at least five hundred thousand dollars, and more than one person on account of any accident, at least one million dollars, [(2)] (B) for damage to property at least fifty thousand dollars, and [(3)] (C) for malpractice in the care of one passenger at least two hundred fifty thousand dollars, and for more than one passenger at least five hundred thousand dollars. In lieu of the limits set forth in [subdivisions (1) to (3),] subparagraphs (A) to (C), inclusive, of this [subsection] subdivision, a single limit of liability shall be allowed as follows: [(A)] (i) For damages by reason of personal injury to, or death of, one or more persons and damage to property, at least one million dollars; and [(B)] (ii) for malpractice in the care of one or more passengers, at least five hundred thousand dollars. A certificate of such proof shall be filed with the commissioner. Upon determination by the commissioner that an applicant is financially responsible, properly certified and otherwise qualified to operate a commercial ambulance service, the commissioner shall issue a license effective for one year to such applicant. If the commissioner determines that an applicant for either a certificate or license is not so qualified, the commissioner shall notify such applicant of the denial of the application with a statement of the reasons for such denial. Such applicant shall have thirty days to request a hearing on the denial of the application.

Statement of Purpose:

To allow certified or licensed emergency medical service providers to add one emergency vehicle to its service per calendar year without undergoing a needs assessment by the Office of Emergency Medical Services.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]