HomeMy WebLinkAboutRes 36-19 11/05/2019 Authorizing the VOMP to enter into an emergency medical services mutual aid agreementRESOLUTION NO. 36-19
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 ILLS 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 5th day of November, 2019,
AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: None
Arlene A. Juracek
Mayor
ATTEST:
Karen M. Agoranos
Village Clerk
Resolution No. 36-19
Draft Emergency Medical Services
Mutual Aid Agreement
EMERGENCY MEDICAL SERVICES
MUTUAL AID AGREEMENT
THIS MUTUAL All AGREEMENT (this "Agreement") is made as of January t, 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."
R E C I T A L S:
WHEREAS, the Members are located geographically near to each other -3 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 1. 128B(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 I I2813(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).
2932�
Arat Emergency Medical Service.7
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. R,eouests Or ffinergene yA,,id, 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:
41
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.
0 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. 'Rc-s,,-P(,,),n, sgs to Reqi.es kms. 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.
#7009074l,v2 2
Drafi.bnergency Medical Services
Mutual Aid Agreement
Section 5. Billings
A. R.ejtu ester's Rmr.es Al2L)1,
y. 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. Exceptiotis f Res o gler esid.e ts. 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 01G 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,
Th ' is 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.
#7009074 v2 3
Emergency Medical Services
Mutual Aid Agreement
IN WITNESS WHEREOF, each Member has caused this Agreement to be signed by it
properly authorized representative as of the Effective Date or as of the date of approval o
membership, as the case may be. I
B ai I'lett, F 1"'re Protection DIS
Printed Name,
Designated Rep; .. . . ...... . . . . . ..... . ...... .. . . ...............
Date:
Qij.y of Des, P1
Signature:._--..
Printed Name-.
Designated Rep:
Date:
o. ILm
-coinwood
Signature: . . . . ................. . . . ..... . ......
Printed Name:
Designated Rep:
Date:
Villag,p of Mortoii, Grove
Printed Name
Designated Rep: . . . . . . ................. . .
Date:
#700907411.v2 4
V"I'l, gle,� of Mou,11j't P11),
! , j
Signature:
Printed Namev.
Designated Rep -
Date:
Signature: ................ . ................ .1 ............ . . . ................ .......... . ..................
Printed
Designated Rep:
Date:
North. Maine Fire Protection District
Signature. -
Printed Name. -
Designated Rep:
Date:
of Park, Ridt"g,
I
Signature:
Printed Name:
Designated Rep-,
Date:
rwl ' Emergency Medical Services
_J.-rqjr
Mutual Aid Agreement
V...'11age- of Skok
S gnature:
Printed Name
Designated Rep:
Date:
Vi"Ilage of Streaj:nwood,
Signature:_
Printed Name:
Designated Rep,:
Date:
NIMUROM