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HomeMy WebLinkAbout5.5 A Resolution Authorizing the Village of Mount Prospect to enter into Emergency Medial Services Mutual Aid Agreement 11/8/2019 BoardDocs®Pro IL Agenda Item Details Meeting v 05,, 2019 - REGULAR MEETINGLL - . *REVISED 11-02-2019 Category 5. CONSENT AGENDA Subject L AUTHORIZING LL INTO AN EMERGENCY MEDIAL SERVICES MUTUAL AID Access lic Tye Action (Consent) Preferred to Nov 05,, 2019 Absolute Date Nov 05,, 2019 Fiscal Impact Budgeted No Recommended cin Adopt a resolution to approve an Emergency Medical Services Mutual Aid Agreement. Public Content Information Staff has been working with the Des Plaines Fire Department on creating n agreement that wouldIl c department ill residents the host's resident l nce billing rate andpractices. Currently, when the Village receives a mutual aid ambulance from another jurisdiction,, that jurisdiction bills Village residents their - resident rates and practices. This issue was recognized i , but the department was unable to create an agreementhtime, due to a pending inion from the Office of the Inspector General (OIG). The question to the OIG was regarding the ability charge a patient at the host's rate when providing a mutual aid ambulance. The concern was the legality f the practice f charging irn rate based on the location of a patienteven though the patient is define - resident by the responding jurisdiction's inii . The opinion from the Inspector General is that an Intergovernmental Agreement (IGA) can be created to jurisdictions Ili I aid ambulancethe ability to bill at the host's jurisdiction's rates r ctices. This agreement provides the following: The agreement only applies when the Village provides mutual aid ambulance service. If another member's resident comes into Mount Prospect to visit and needs an ambulance, and a Village ambulance responds and transports, then the patient would be billed the Mount Prospect non-resident rate and out-of-pocket costs would not be waived. This applies if the patient is not in a residential dwelling. The Village currently bills patients visiting in a residential dwelling at the resident rate. The communities included in the IGA are: City of Des Plaines, Village of Lincolnwood, Village of Morton Grove, Village Mount Prospect, Village of Niles., City of ParkRidge, Village of Skokie, Bartlett Fire Protection District, and North Maine Fire Protection District. Additional municipalities may sign on in the future. The Village will consider signing on to additional Emergency Medical Services Mutual Aid Agreementsin the future, these type of agreementsr reached among other nearby municipalities. Alternatives . Adopt a resolution to approve an Emergency Medical Services Mutual Aid Agreement. 2. Action at discretionill r . https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/2 11/8/2019 BoardDocs®Pro RecommendationStaff Staff recommends the Village r resolution to approvean Emergency Medical rvic I Aid Agreement. Final ion of Mutual Aid EMS Billingi . OIG Opinion - (4,000 KB) Resolution iing Emergency Medical Services . Administrative Content Executive Content All items under Consent Agenda areconsidered routine by the Village Boardn will be enacted by one motion. There will be no separate discussion of those items unless a Boardmember or member from the audience so requests, in which the item will be removed from the Consent Agendan considered in its sequence on the agenda. https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 2/2 Draft Emergency Medical Services Mutual Aid Agreement EMERGENCY MEDICAL SERVICES MUTUAL AID AGREEMENT THIS MUTUAL AID AGREEMENT (this "Agreement") is made as of January 1, 2020, (the "Effective Date") by the following Illinois municipalities: City of Des Plaines, Village of Lincolnwood, Village of Morton Grove, Village of Mount Prospect,Village of Niles, City of Park Ridge, Village of Skokie, and Village of Streamwood, and by the Bartlett Fire Protection District and the North Maine Fire Protection District. These units of Illinois municipal government, and any additional local governmental entity that is added to this Agreement as provided in Subsection 7B of this Agreement, are referred to collectively as the "Members." RECITALS: WHEREAS, the Members are located geographically near to each other; and WHEREAS, each Member provides emergency medical services and ambulance transportation services within that Member's boundaries, including residents, businesses, visitors, and all others in need; and WHEREAS, each Member also provides emergency medical services and ambulance transportation services to any other Member when the other Member seeks assistance; and WHEREAS, the Members desire to memorialize in this Agreement the standards set forth in this Agreement for mutual aid responses, billing, and other general standards; NOW, THEREFORE, the Members agree as follows: Section 1. Purpose of Agreement. The principal purpose of this Agreement is to set forth certain standards for mutual aid responses related to emergency medical and ambulance transportation services,prices, and billing and to assure compliance with Section 1128B(b) of the federal Social Security Act and the current amendments regarding safe harbors promulgated by the Office of the Inspector General of the Department of Health and Human Services. Section 2. Definitions. "Anti-Kickback Statute" means Section 1128B(b) of the federal Social Security Act. "Emergency Aid"means emergency medical or transportation services by a Responder. "Member" means one of the local governmental entities listed at the beginning of this Agreement or added under Subsection 7B of this Agreement. "Non-Resident" means a Patient who is not a Resident (as "Resident" is defined in this Section). #70090741_v2 1 Draft Emergency Medical Services Mutual Aid Agreement "OIG"means the Office of the Inspector General of the Department of Health and Human Services. "OIG Rule" means the current amendments regarding safe harbors promulgated by the OIG. See Section 6 of this Agreement. "Patient"means a person who has received Emergency Aid by a Responder. "Rates" See Section 4 of this Agreement. "Requester" means a Member that has requested Emergency Aid from one or more other Members. "Resident"means a Patient who maintains his or her primary residence within the corporate limits of the Requester or the Responder. "Responder"means a Member that is responding, or has responded, to a Requester. Section 3. Mutual Aid Service Calls. A. Requests for Emergency Aid. Any Member may initiate a request to any one or more other Members for Emergency Aid,under any of the following circumstances or any similar circumstances: • If the available equipment of the Requester is insufficient to respond to an incident under the circumstances. • If the number of the Requester's available personnel is insufficient to respond to an incident under the circumstances. • If the equipment and personnel of another Member is located closer to an incident and deployment of that Responder may be beneficial under the circumstances. • Any other set of circumstances that the Requester and the Responder believe is beneficial under the circumstances. B. Responses to Requests. Members receiving a request for Emergency Aid will promptly respond to the Requester and provide Emergency Aid as possible and practical under the circumstances. Section 4. Rates. Each Member must provide all other Members the current rates and standards it applies for emergency medical and ambulance transportation services, including without limitation BLS, ALS, and Transportation services (the "Rates"). Each Member also must promptly provide all other Members any changes to its Rates. #70090741_v2 2 Draft Emergency Medical Services Mutual Aid Agreement Section 5. Billing. A. Requester's Rates Apply. When a Responder provides Emergency Aid to a Requester, the Responder must apply the Requester's Rates and out-of-pocket costs as if the Requester had provided the Emergency Aid, except as provided in Subsection B of this Section. B. Exceptions for Responder Residents. If the Responder provides Emergency Aid to a Patient whose primary residence is within the corporate limits of the Responder, then the Responder may apply its Rates for service and its out-of-pocket costs as if the Responder had provided the Emergency Aid within its own boundaries. Section 6. Compliance with Anti-Kickback Statute and OIG Rule. Each Member pledges that it will not knowingly or willfully offer, pay, solicit, or receive remuneration in order to induce or reward the referral of business reimbursable under the federal health care programs, and otherwise will comply with all applicable provisions of the Anti- Kickback Statute and the OIG Rule. Each Member will heed the provisions of the Anti-Kickback Statute and the OIG Rule regarding safe harbors. Section 7. Member Withdrawal; Additional Members. A. Withdrawal From Agreement. A Member may withdraw from this Agreement at any time on 14-days' written notice to the current Members. B. Additional Members. Other Illinois local governmental entities may become Members under this Agreement by (A) sending a written request for membership to each current Member, and (B) written approval of membership by a majority of the current Members, and (C) signing the New Member Statement attached to this Agreement as Exhibit A. Section 8. Termination of Membership. If a Member knowingly violates a provision of this Agreement or violates the Anti- Kickback Statute or the OIG Rule, then the Member may be terminated by a majority vote of the other Members. Section 9. Term of Agreement. This Agreement commences on the Effective Date and remains in effect until all current Members determine in writing to terminate this Agreement. Section 10. Member Representative. Each Member will designate a representative who has the authority to act on the matters provided in this Agreement. #70090741_v2 3 Draft Emergency Medical Services Mutual Aid Agreement IN WITNESS WHEREOF, each Member has caused this Agreement to be signed by its properly authorized representative as of the Effective Date or as of the date of approval of membership, as the case may be. Bartlett Fire Protection District Village of Mount Prospect Signature: Signature: Printed Name: Printed Name: Designated Rep: Designated Rep: Date: Date: City of Des Plaines Village of Niles Signature: Signature: Printed Name: Printed Name: Designated Rep: Designated Rep: Date: Date: Village of Lincolnwood North Maine Fire Protection District Signature: Signature: Printed Name: Printed Name: Designated Rep: Designated Rep: Date: Date: Village of Morton Grove City of Park Ridge Signature: Signature: Printed Name: Printed Name: Designated Rep: Designated Rep: Date: Date: #70090741_v2 4 Draft Emergency Medical Services Mutual Aid Agreement Village of Skokie .v Signature: Printed Name: Designated Rep: Date: Village of Streamwood Signature: Printed Name: Designated Rep: Date: #70090741_v2 5 DRAFT DOCUMENT (September 30) EXHIBIT A Emergency Medical Services Mutual Aid Agreement NEW MEMBER STATEMENT As provided in Subsection 7B of the Emergency Medical Services Agreement dated as of January 1, 2020, (the "Agreement") the [Insert Name Of New Member] (the "New Member"). requested membership in the Agreement by sending a written request for membership to each current Member. The current Members approved the request. The New Member has read, and understands,the Agreement. The New Member agrees to abide by all of the provisions of the Agreement and to faithfully discharge the responsibilities of a Member stated in the Agreement. In particular, the New Member pledges that it (A) will comply with all applicable provisions of the Anti-Kickback Statute and the OIG Rule as defined and stated in Section 6 of the Agreement and (B) will heed the provisions of the Anti-Kickback Statute and the OIG Rule regarding safe harbors. The New Member represents that the person signing this Statement on behalf of the New Member has been properly authorized by the New Member to sign this Statement and to bind the New Member to the provisions of the Agreement. New Member Name: Signature: Printed name: Designated Representative: Date: 120 New Member Representative The New Member has designated the following person to be its representative: Name: Title: Ij 4UM �14 OF I 111"AL"I'll AND 11UNJAN St"'RVI(O j -4 sp, OFFICE OF INSPECTOR GENERAL #0 AV 011 4 4, "k).X. 1W 2020 1 704 Va3w AUG 0 7 To-. The Attached Distribution List Re: 01G Advisory Opinion No. 1 8' - 0 Gentlemen.- We are writing in response to your request for, an advisory opinion regarding a proposal by certain government-operated fire departments and fire protection districts to enter into a, mutual aid agreement to provide backup emergency ambulance services and to bill for such services according to the billing practices in the Jurisdiction where such services are rendered (the "Proposed Arrangement"). SpecitIcally, you have inquired, whether the 'Proposed Arrangement would constitute grounds for the 'imposition of sanctions under the civil ii-ionetary penalty provision prohibiting inducements to beneficiaries, section H 28A(a)(5) ofthe Social Security Act (the "Act"), or under the exclusion authority at section 1, 128(b)(7) of the Act, or the civil monetary penalty provision at section I 128A(a)(7) of the Act.) as those sections relate to the commission of acts described In section I 12,8B(b�) of the Act, the Federal anti-kickback statute. You have certified that all of the infon-nation provided in your request, including all supplemental submissions, is true and correct and constitutes a complete description of the relevant -facts and agreements among the parties. In issuing this opinion, we have relied solely on the facts and information presented to us. 'We have not undertaken an independent investigation of such information. This opinion is limited to the factsp resented. If material -facts have not been disclosed or have been misrepresented, this opinion is without force and effect. Based on the facts certified i*n your request for an advisory opinion and supplemental submissions, we conclude that: (1) the Proposed Arrangement would not constitute grounds for the imposition of civil monetary penalties under section 11.2 5 ' of the Act; and (11) although the Proposed Arrangement could potentially generate prohibited remuneration under the anti-kickback statute if the requisite intent to 'Induce or reward ref-errals of Federal health care program business were present, the Office of Inspector General ("OIG") would not 'impose administrative sanctions on the Village of Roselle Fire Department, the City of Wheaton Fire Department, the Winfield Fire Protection District, the West Chicago Fire Protection District, the Bloomingdale Fire Protection m. Page 2 — 01G Advisory Opinion No. 0 8 District, or the Carol Stream Fire Protection District under sections I 128,(b)(7) or I 128A(a)(7) of the Act as those sections relate to the commission of acts described 'in section 1. 128B(b) of the Act) in connection with the Proposed Arrangement. This opinion is limited to the Proposed Arrangement, and, therefore, we express no opinion about any ancillary agreements or arrangements disclosed or referenced in your request for an advisory opinion or supplemental submissions. This opinion may not be relied on by any persons other than the Village of Roselle Fire Department., the City of Wheaton Fire Department, the Winfield `ire Protection District,, the West Chicago Fire Protect-Ion District., the Bloomingdale Fire Protection District, and the Carol Stream Fire Protection ,u1striet, the requestors of this opinion, and is further qualified as, set out in Part IV below and in 42 C.F.R. Part 1008. 1. FACTUAL BACKGROUND The Village of Roselle Fire Department ("F ire re Department I"), the City of Wheaton Fire Department ("Fire Department 2"), the Winfield Fire Protection District ("Fire Departent 3" F ), the West Chicago ire Protecti mon District ("Fi*re Department "), the 'Bloomingdale Fire Protection District ("Fire Department 5"), and the Carol Stream Fire Protection District ("Fire Department 6") (collectively, "Requestrs" or the "Fire Departments") are fire departments or fire protection districts located in t)u I rage County, IllI'D.OI*S,.,, and organized under Illinois law. Each Fire Department owns and operates an an-ibulance service that serves its respectivej ur I*sdi cti on.I All six Fire Departments charge ambulance user fees to patients other than Federal health care program beneficiaries. The ambulance user fees are separate from any cost-sharing amounts patients may owe in connection, with 'insurance coverage and are determined by fee schedules that vary by Fire Department. Funding, for emergency ambulance services cornes, from each Fire Department's general It I i budget. Ambulance user fees fund a small percentage of each Fire Department's general budget, and except in Fire Department 1, local taxes fund the majority of each Fire Department's general budget.2 All, of the Fire Departments bill patients' insurers, including Federal health care programs, when furnishing emergency ammiance services to insured patients. However, Fire Departments 1, 2, 3, and 4 bill both residents and 1 1 In addition to providing emergency am I ou I iance services to individuals in its Jurisdiction, Fire Department I also serves individuals in unincorporated surrounding areas through an intergovernmental agreement (the "IGAII). 2A majority of Fire Department I's general budget is funded from both local taxes and revenues generated under the IGA. Page 3 OIG Advisory ,Opinion No. nonresidents' -for applicable cost-sharing amounts for the emergency ambulance services 4 T_1% �ir resp urisdict' I they provide 'in the ective J ions, whereas Fire vepartments, 5 and 6 bill only nonresidents for such cost-sharing amounts. Fire Departments 5 and 6 treat revenue from 0 1 1 local taxes as, payment in full for any cost-sharing amounts their respective resicients may owe.4 Under the Proposed Arrangement, the Fire Departments would enter into a mutual aid provide backup emergency ambulance services within ad joining Fire agreement to prov Departments' Jurisdi'ctions when the ad' F- artments temporarily exhaust .joining ire uep I their emergency response resources. The Fire Departments therefore would provide backup emergency ambulance services only on an as-needed, unscheduled basis. Fire Departments requesting backup emergency ambulance services would provide no financial remuneration to the Fire Departments providing the backup emergency ambulance services, and the mutual aid agreement would not relate in any way to the number of Federal health care program beneficiaries receiving backup emergency ambulance services or the Federal health care program reimbursement for such services,. Fire Departments providing backup emergency ambulance, services would bill patients, accord-Ing to the, billing practices of the Fire Departments 'in whose jurisdictions they rendered the services, including billing or waiving cost-sharing amounts, and, where applicable, billing ambulance user fees based on the local Fire Department's fee schedule. For example, iffire Department I were to provide backup emergency ambulance services in Fire Department 5's Jurisdiction, to a resident of such.jurisdiction, Fire uepartment 'I would not attempt to collect the individual's otherwise applicable cost- sharing amount for the services, even though dire uepartment 1, would have attempted to collect the cost-sharing amount for those same services if it provided them within its own Jurisdiction. Additionally, if the patient was not a Federal health care program beneficiary, then Fire Department I would bill the patient for the applicable ambulance user fee, set forth in .dire ire Department 5's 1'ee schedule. ``.Nonresidents' are individuals who initiate and receive emergency ambulance services in a tA I ire, Department's,jurisdiction in which they do not, reside. 4Thils opinion is limited to Requestors' billing, practices for emergency ambulance services provided pursuant to the proposed mutual aid agreement. Requestors have not asked us to opine on, and we offer no opinion regarding, the Fire Departmentsbilling, practices for emergency ambulance services provided withintheir respective jurisdictions. In analyzing the Proposed Arrangement, we have relied on Requestors' certifications that each Fire Department's billing practices, with respect to emergency ambulance services provided in its jurisdiction comply with all applicable laws. rage 4 —01G Advisory upiniOn NO. 0 8 II. LEGAL ANALYSIS A* Law The anti-kickback statute makes, it a criminal offense to knowingly and willfully offer, pay, solicit, or receive any remuneration to induce or reward referrals of items or services reimbursable by a Federal health care program. See section I 12813(b) of the Act. Where remuneration is paid purposefully to induce or reward referrals of items or services payable by a Federal health care program, the anti-kickback statute is violated. By its terms,, the, statute ascribes criminal liability to parties on both sides of an 'impermissible "kickback" transaction. For purposes of the anti-kickback statute, "remuneration" includes the transfer of anything of value, directly or indirectly, overtly or covertly, in cash or in kind. I­%ne statute has been interpreted to cover any arrangement where one purpose of the remuneration was to obtain money for the referral of services or to induce further referrals. See, e.a., United States v. Naaelvoort, 856 F.3 117 (7th Cir. 2017); 'United States v. McClatche 217 F.3d 823 (10th Cir. 2000)- United States v. Davis, 132 F.3d 1092 (5th Cir. 1998); United States v. Kats, 871 F.2d 105 (9th Cir. 1989); United States v. Greber, 760 F.2d 68 (3d Cir. 1985), cert. denied, 474 U.S. 988 (1985). Violation of the statute constitutes a felony punishable by a maximum fine of$100,000, imprisonment up to ten years, or both. Conviction will also lead to automatic exclusion from Federal health care programs, including Medicare and Medicaid. Where a party commits an act described in section 1128 b of the Act., the OIG may initiate administrative proceedings to impose civil monetary penalties on such party under section 1128A(a)(7) of the Act. The OIG may also initiate administrative proceedings to exclude such party from the Federal health careprograms under section I 128(b)(7) of the Act. Sec, flI on 1128A a 5 of the Act (the "Beneficiary Inducements CHIP") provides for the impos,ition of civil monetary penalties against any person who offers or transfers remuneration to a Medicare or State health care program (Including Medicaid) beneficiary that the benefactor knows or should know is likely to 'Influence the beneficiary's selection of a particular provider, practitioner, or supplier of any item or service for which payment may be made in whole or in part, by Medicare or a State health care program (including, Medicaid). The OIG may also initiate administrative proceedings to exclude such party fromthe Federal health care programs. Section 1, 128A(i)(6) of the Act defines "remuneration" for purposes of the Benefici*ary Inducements CHIP as including ``the waiver of coinsurance and deductible amounts (or any part thereof).'" 8 Page 5 — OIG Advisory Opinion No. B. Analysis The Proposed Arrangement would implicate the anti-kickback statute because Requestors, would not bill certain patients, some of whom are Federal health care program benel"iciaries, for cost-sharing amounts owed for emergency ambulance services. Our concern about potentially abusive waivers of Medicare cost-sharing amounts under the anti-kickback statute, is longstanding. For example, we previously have stated that providers and suppliers that routinely waive Medicare cost-sharing amounts for reasons unrelated to individualized, good faith assessments of financial hardship may be held TN liable under the anti-kickback statute. See, e.g., ,rublication of OIG Special Fraud Alerts, 59 Fed. Reg. 65,372, 65,374-75 (Dec. 19, 1994). Such waivers may constitute prohibited remuneration to induce referrals. Notw ithstan ding our concern about potentially abusive waivers, we conclude for the combination of thefiollowing reasons, that the Proposed Arrangement presents a low risk of fraud and abuse under the anti-kickback statute. First, under the Proposed Arrangement, the Fire Departments would provide backup emergency ambulance services to adjoining P ire Departments only when the adjoining Fire Departments exhaust their emergency ambulance response resources. Requestors' agreement to provide backup emergency ambulance services to a4joining Fire ,Departments would not relate in any way to the number of Federal health care program beneficiaries receiving backup emergency ambulance services or the Federal health care program reimbursement for such services. 'Therefore, the Proposed Arrangement would not take into account the volume or value offederal health care program referrals or other business generated among the Fire Departments. Second, the Proposed Arrangement would be unlikely either to increase utilization of emergency ambulance services or to increase costs to the Federal health care programs. Responding Fire Departments would follow the billing practices of the Fire Departments 1n n whose J*urisdictions, they rendered the backup emergency ambulance services, and not their own billing practices, when billing the individuals to whom they provided emergency ambulance services. Because individuals within a particular Fire Department's jurisdiction would be treated the same, for billing, purposes, regardless of which, Fire Department provided emergency ambulance services, we believe that responding Fire Departments' waivers of cost-sharing amounts would be unlikely to influence the demand for emergency ambulance services. Additionally, the Proposed Arrangement would not implicate the Beneficiary inducements CMP. Because the Fire Departments providing the backup emergency ambulance services would follow the billing practices of the Fire Departments in whose jurisdictions they rendered the services and not their own billing practices., the waiver of cost-,sharing amounts by certain Fire Departments under the Proposed Arrangement would not influence individuals to receive emergency ambulance services from a particular ambulance supplier. Page 6 — 01G Advisory Opinion N 1 0. 0 8 I. CONCLUSION Based on the facts certified in your request for an advisory opinion and supplemental submissions,, we conclude that: (0 the Proposed Arrangement would not constitute grounds for the imposition of civil monetary penalties under section I 128A(a)(5) of the Act; and (iii) although the Proposed Arrangement could potentially generate prohibited remuneration under the anti-kickback statute if the requisite intent to 'Induce or reward referrals of Federal health care program business were present, the 01G would not impose administrative sanctions on the Village of Roselle Fire Department,, the City of Wheaton Fire Department,, the Winfield Fire Protection District, the West Chicago:Fire Protection District,,,, the Bloomingdale Fire Protection District, or the Carol Stream Fire Protection District under sections I 128(b)(7) or I 128A(a)(7) of the Act as those sections relate to the commission, of acts described in section 1128 ) of the Act) in connection with the Proposed Arrangement. This opinion is limitedo the Proposed Arrangement and, therefore, we express no opinion on about any ancillary agreements or arrangements disclosed or referenced in your request for an advisory opinion or supplemental submissions. IV. LIMITATIONS The limitations applicable to this opinion include the following: 0 This advisory opinion is issued only to the Village of Roselle v ire Department,, the City of Wheaton Fire Department, the Winfield Fire Protection District, the West Chicago Fire Protection District, the Bloomingdale Fire Protection District, and the Carol Stream Fire Protection. District, the requestors of this opinion. This, advisory opinion has no application to, and cannot be relied upon by, any other individual or entity. 0 This advisory opinion may not be introduced into evidence by a person or entity other than the Village of Roselle Fire Department, the City of Wheaton Fire Department, the Winfield Fire Protection District, the West Chicago Fire Protection District, the Bloomingdale Fire Protection District, and the Carol Stream Fire Protection District to prove that the person or entity did not violate the provisions of sections 1128, 1128A, or 1.1 B of the Act or any other law. i e This advisory opinion s applicable only to the statutory provisions speciffically noted above. No opinion is expressed or implied herein with respect to the application of any other Federal, state,, or local statute, rule, regulationl ordinance,, or,other law that may be applicable to the Proposed Arrangement, including, without limitation.,, the physician self-referral law, -" 0 8 Page 7 OIG Advisory Opinion No. section 1877 of the Act (or that provision's, application to the Medicaid program at section 1903(s) of the Act). • This advisory opinion will not bind or obligate any agency other than the U.S. Department of Health and Human Services. • This advisory opinion is limited in scope to the specific arrangement described in this letter and has no applicability to other arrangements, even those which appear similar in nature or scope. • No opinion is expressed herein regarding, the liability of any party under the False Claims Ai ct or, other legal authorities for any mproper billing, claims submission. cost reporting., or related conduct. This opinion is also suect to any additional limitations set forth at 42 C.F.R. Part 1008. The OIG will not proceed against Requestors with respect to any action that is part of the Proposed Arrangement taken in good :with reliance upon. this, advisory opinion., as long as all of the material facts have been fully, completely, and accurately presented,,) and the Proposed Arrangement, in practice comports with the information provided. The OIG reserves the right to reconsider the questions and issues raised in this advisory opinion and", where the public interest requires, to rescind, modify, or terminate this opinion. In the event that this advisory opinion is modified or terminated, the OIG will not proceed against Requestors with respect to any action that is, part of the Proposed Arrangement taken, in good faith reliance upon this advisory opinion, where all of the! relevant facts were -fully, completely, and accurately presented and where such action was promptly discontinued upon notification of the modification or termination of this advisory opinion. An advisory opinion may be rescinded only if the relevant and material facts have not been fully, completely, and accurately disclosed to the 01G. Sincerely, Robert K. DeConti Assistant Inspector General for Legal Affairs ikv I 1 ()1, 141 ,\I,I I I AND tl 1-IMAN OFFICE OF INSPECTOR GENERAL lits WAS1 I I N(-F()N. D(— '20201 DISTRIBUTION LIST FOR OIG ADVISORY OPINION N . 8 Jeff-'rey Janus, Fire Chief Bloomingdale Fire Protection District 179 S. Bloomingdale Road Bloomingdale', IL 610108 Robert Hoff, Fire Chief Carol Stream Fire Protection District 365 Kuhn Road Carol Stream, IL 60188 Daniel Anderson, Fire Chief Village of Roselle Fire Department 31 S. Prospect Street Roselle", IL 60172 Patrick Tanner, Fire Chief West Chicago Fire Protection District 200 Fremont Street West Chicago, IL 60185 William Shultz, Fire Whist City of Wheaton Fire Department 303 W. Wesley Street P.0. Box 727 Wheaton', 'IL 6O 187 1 Phillip DiMenza, Fire Chief i Wf'" I I V-ntiew t,"ire Protection Dl*strl'%.,.L 27W530 Highlake Road Winfield, 'IL 60190 RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO ENTER INTO AN EMERGENCY MEDICAL SERVICES MUTUAL AID AGREEMENT WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; and WHEREAS, Section 5 of the "Intergovernmental Cooperation Act", 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and WHEREAS, the Mutual Aid Agreement is made as of January 1, 2020 by Illinois municipalities including the City of Des Plaines, Village of Lincolnwood, Village of Morton Grove, Village of Niles, City of Park Ridge, Village of Skokie, Bartlett Fire Protection District, the North Maine Fire Protection District and the Village of Mount Prospect (the "Members"); and WHEREAS, the Members are geographically near to each other; and WHEREAS, each Member provides emergency medical services and ambulance transportation services within that Member's boundaries, including residents, businesses, visitors and all others in need; and WHEREAS, each Member also provides emergency medical services and ambulance transportation services to any other Member when the other Member seeks assistance; and WHEREAS, the Mayor and Board of Trustees have determined that it is in the best interests of the Village of Mount Prospect and its residents to enter into a mutual aid agreement that sets forth certain standards for mutual aid responses to emergency medical and ambulance transportation services, prices and billing and to assure compliance with the Social Security Act and the current amendments regarding safe harbors promulgated by the Office of the Inspector General of the Department of Health and Human Services NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF ITS HOME RULE POWER: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize the Mayor to sign and the Clerk to attest her signature on the Emergency Medical Services Mutual Aid Agreement, a copy of which is attached hereto and hereby made a part hereof as Exhibit"A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED and APPROVED this 5t" day of November, 2019. AYES: NAYS: ABSENT: Arlene A. Juracek Mayor ATTEST: Karen M. Agoranos Village Clerk