HomeMy WebLinkAboutJoint Powers Agreement - Medical ServicesAVREEWWF NO. 12'-7 V 5
RESTATED AND AMENDED
JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF
EMERGENCY MEDICAL SERVICES IN ADA COUNTY
Establishing the Ada County -City EMS System ("ACCESS")
This Restated and Amended Joint Powers Agreement for the Coordinated and
Cooperative Provision of Emergency Medical Services in Ada County (the "Agreement") is
entered into by and between Ada County, the Ada County Emergency Medical Services District,
the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, and Star
Joint Fire Protection District, and is effective as of the last date of execution of this Agreement.
RECITALS; PURPOSES; AUTHORITY
Purpose. The Purpose of this Agreement is to establish the Ada County -City EMS
System (the "System") and Joint Powers Board appointed by the respective Parties authorized to
operate and manage the joint, coordinated, and unified provision and maintenance of pre-
hospital, emergency and non -emergency medical services, including medical transport, rescue,
and extrication services, within all county, city, emergency medical services district, and fire
district jurisdictions within the System Area in order to provide certainty, consistency and
economy in the management and delivery of EMS services.
1. Sections 67-2326 through 67-2333, Idaho Code, provide that public agencies
may enter into agreements with one another for joint or cooperative action which includes, but is
not limited to, joint use, ownership, and/or operation agreements and interagency contracts for
service, activity or undertakings. This Agreement is, and shall be construed as, a joint powers
agreement enacted pursuant to Sections 67-2326 through 67-2333, Idaho Code.
2. Fire Districts have authority under Sections 31-1430 and 31-1417, Idaho Code, to
enter into intra -agency and mutual aid agreements.
3. The Ada County Board of Commissioners, in its capacity as the governing board
of the Ada County Emergency Medical Services District ("ACEMS District") pursuant to
Chapter 39, Title 31, Idaho Code, provides emergency medical services in Ada County. ACEMS
District currently holds an Advanced Life Support Level 1 EMS transport license issued by the
state of Idaho.
4. The Parties to this Agreement have various levels of EMS licenses issued by the
state of Idaho. Each Party shall be responsible to maintain such EMS license. Subject to Board
approval, nothing in this Agreement shall prevent a Party from obtaining a higher level of
licensing.
5. The governing boards of the Parties have determined that it is in the best interests
of each Party and their taxpayers and for the persons residing and found within their respective
boundaries, to create the System.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY —PAGE 1
Now, for and in consideration of the mutual covenants and promises herein set forth, and
for other good and valuable consideration hereby acknowledged by the Parties to this
Agreement as having been received, the Parties hereby mutually promise, covenant and agree as
follows:
AGREEMENT
ARTICLE I
DEFINITIONS
When used herein, the following words shall have the attendant meaning:
1.1 "ACEMS District" means the Ada County Emergency Medical Services District, a Party
to this Agreement.
1.2 "Ada County -City EMS System" means the Ada County -City EMS System as herein
created and may sometimes be referred to as the "System" or "ACCESS."
1.3 "Ambulance" means any privately or publicly owned motor vehicle or nautical vessel,
authorized to provide service in the System, used for, or intended to be used for, the
transportation of sick or injured persons who may need medical attention during
transport. This may include dual or multipurpose vehicles.
1.4 "Ambulance Service" means an agency, licensed to operate within the System, with the
intent to provide personnel and equipment for medical treatment at an emergency scene,
during transportation or during transfer of persons experiencing physiological or
psychological illness or injury who may need medical attention during transport.
1.5 "Default" means any violation, failure to perform, or breach of any covenant, agreement,
term or condition of this Agreement.
1.6 "Emergency Medical Services" or "EMS" means the system utilized in responding to a
perceived individual need for immediate care in order to prevent loss of life or
aggravation of physiological or psychological illness or injury.
1.7 "Joint Powers Board" means the System Joint Powers Board, ("Board"), formed
pursuant to this Agreement, which is authorized to administer this Agreement on behalf
of the Parties.
1.8 "Parties" means Ada County, the cities and districts that have executed this Agreement.
1.9 "Inclusive Area Party Agencies" means Public Agencies that are Parties to this
Agreement whose boundaries include area only within Ada County, state of Idaho.
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AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN. ADA
COUNTY — PAGE 2
1.10 "Non -Inclusive Area Party Agencies" means Public Agencies that are Parties to this
Agreement whose boundaries include area within Ada County and within Canyon
County, or any other neighboring county to Ada County, state of Idaho.
1.11 "Non -transport Service" means an agency with associated apparatus and personnel
licensed to operate within the System, operated with the intent to provide personnel or
equipment for medical stabilization at an emergency scene, but not intended to be the
service that will actually transport sick or injured persons.
1.12 "Public Agency" means any city or political subdivision of this state, including, but not
limited to emergency medical service districts; fire districts; cities; and any other
government subdivision of the state of Idaho, including any agency of the state of Idaho
holding a current EMS license and providing EMS within or contiguous to the
boundaries of Ada County.
1.13 "System Area" means all the geographic area within the boundaries of the "Inclusive
Area Party Agencies" and those designated areas for inclusion within the System which
are also within the boundaries of the "Non -Inclusive Area Party Agencies."
1.13.1 The "System Area" may be modified, upon consent of all Parties, to include
area within an adjoining county;
1.13.2 The "System Area" may be modified, upon consent of all Parties, to exclude
area within Ada County upon the condition the area excluded will then be
subject to a like "System" in an adjoining County.
1.14 "Fiscal Year" means the period of time commencing October 1 and ending on September
30 of the following year.
ARTICLE H
THE ADA COUNTY -CITY EMS SYSTEM (SYSTEM)
2.1 Establishment of the System. There is hereby established the Ada County -City EMS
System. The System shall be created for the express purpose of providing for joint
management, provision, operation, and maintenance of pre -hospital emergency and non-
emergency medical services, including medical transport, rescue, and extrication services,
within the System Area. The System shall exist as a joint exercise of the authority to
provide EMS services by all the Parties to this Agreement, and shall be administered by a
Joint Powers Board as provided in Article IV of this Agreement. The System, through the
Joint Powers Board, Administrative Committee, and the Medical Directorate, shall
establish standards and provide for the coordinated management, provision and
maintenance of pre -hospital, emergency, and non -emergency medical services, including
medical transport, rescue, and extrication services, within the System Area.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY — PAGE 3
2.2 Scope of Services and Operation. The System shall coordinate the management,
provision, operation and maintenance of pre -hospital, emergency, and non -emergency
medical services, including medical transport, rescue, and extrication services within the
System Area. The Parties shall respond to 9-1-1 and other calls necessitating the services
of the System within the System Area. By this Agreement, the Parties agree to
cooperatively exercise their respective powers within the System Area in a manner
consistent with this Agreement.
ARTICLE III
PARTIES, DURATION, AMENDMENT, WITHDRAWAL AND TERMINATION
3.1 Parties to this Agreement. The Parties to this Agreement are Ada County, the Ada
County Emergency Medical Services District, the City of Boise, the City of Meridian,
Kuna Rural Fire District, Eagle Fire District, and Star Joint Fire Protection District. The
City of Boise represents the interests of North Ada County Fire and Rescue, which
withdrew as a Parry, effective March 5, 2018, pursuant to Article 3.4.1. For all purposes
under this Agreement, the City of Boise and North Ada County Fire and Rescue
constitute one (1) Party. Each Party intends to and does by this Agreement contract with
each other Party and any other Agencies as may later be added. Additional Parties may
be added by resolution of the Board and amendment of this Agreement. Each Party
agrees that the removal of any Party from this Agreement does not affect this Agreement
with respect to each remaining Party.
3.2 Duration/Annual Renewal. This Agreement shall continue in force and effect from its
Execution Date through September 30, 2013. Thereafter this Agreement may be renewed
for successive one (1) year terms. Renewal terms shall be effective from October 1
through September 30 of each successive calendar year. A Party may renew this
Agreement by providing written notice to all other Parties.
3.3 Amendment. This Agreement may be amended only in accordance with the provisions
of Article XI.
3.4 Withdrawal.
3.4.1 No Party shall withdraw from this Agreement unless it demonstrates one or more
of the following circumstances:
3.4.1.1 The withdrawing Party is insolvent or otherwise financially unable to
carry out its obligations under this Agreement;
3.4.1.2 A court has determined that it is unlawful for the Party to continue to
perform under or be Party to this Agreement;
3.4.1.3 A material breach of any term of this Agreement has occurred; or
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3.4.1.4 Two or more Parties, after signing, consolidate services and wish to
combine their representation under this Agreement as part of said
consolidation.
3.4.2 Notice of withdrawal must be provided to the Parties no less than sixty (60) days
before the effective date of withdrawal. However, a withdrawal shall not be
effective if the condition or conditions giving rise to the withdrawal are cured to
the reasonable satisfaction of the withdrawing Party within sixty (60) days after
the date of notice of withdrawal is provided.
3.4.3 Withdrawing Party to Cease EMS Services In Service Area. Each Party
agrees, as a special consideration to each other Party, that in the event they
withdraw from this Agreement, either by voluntarily withdrawing or for cause by
default, that they will cease to provide EMS services in the System Area for the
remainder of the Agreement term and shall either forfeit or modify their EMS
license to the Department of Health and Welfare Bureau of EMS as that license
authorizes EMS services in the System Area by that Party. In the event a
withdrawing Party fails to cease to provide EMS services in the System Area, the
remaining Parties may seek specific performance of this provision of the
Agreement and may also seek temporary and permanent injunctive relief in an
action for specific performance filed in a court of competent jurisdiction.
3.5 Complaints. The authority to investigate a complaint against a Party may be conducted
by the Administrative Committee or by the Board, when involving cause for termination.
Member/s of the Party or Parties who are the subject of the complaint cannot vote on
motions to proceed with the investigation or matters related to the conduct or financing
of the investigation. Each Party shall cooperate with any investigation of complaints
regarding performance of services governed under this Agreement.
3.5.1 Complaints involving personnel of a Party are to be treated as described in
Section 8.5.3 of this Agreement.
3.6 Party Termination.
3.6.1 For Cause. A Party may be terminated from this Agreement by action of the
Board for cause in the event they are in default of this Agreement. Prior to
termination of a Party the Board shall conduct a hearing to determine if there is a
default of this Agreement that has not been cured by the defaulting Party. The
following procedures shall be met:
3.6.1.1 The Board shall provide to the defaulting Party fourteen (14) days
written notice of a hearing to show cause.
3.6.1.2 The notice shall specify the reasons for the default and the intention to
terminate the Party as a Party to this Agreement.
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3.6.1.3 In the event the default is cured within the fourteen (14) days and
before the commencement of the scheduled hearing before the Board,
the Board shall so note on the record of the proceedings and the
hearing shall then be concluded.
3.6.1.4 In the event the default is not cured, the Board shall, upon conclusion
of their deliberation, issue findings of fact and conclusions of law and
order of decision within thirty (30) days of the date of the hearing.
3.6.1.5 A Board member representing a Party that the Board is considering
terminating shall recuse himself/herself from voting on the
termination and all proceedings involved in the matter of termination.
3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to
this subsection shall not constitute a termination of the entire Agreement, and the
remaining Parties shall continue to perform under this Agreement for the
remainder of the contract term.
3.6.3 Terminated Party to Cease EMS Services In Service Area. Each Party agrees,
as a special consideration to each other Party, that in the event they are terminated
from this Agreement, either by voluntarily withdrawing or for cause by default,
that they will cease to provide EMS services in the System Area for the remainder
of the Agreement term and shall either forfeit or modify their EMS license to the
Idaho Department of Health and Welfare EMS Bureau as that license authorizes
the provision of EMS services in the System Area by that Party. In the event a
terminated Party fails to cease to provide EMS services in the System Area, the
remaining Parties may seek specific performance of this provision of the
Agreement and may also seek temporary and permanent injunctive relief in an
action for specific performance filed in a court of competent jurisdiction.
ARTICLE IV
ADMINISTRATION OF THE ADA COUNTY -CITY EMS SYSTEM JOINT POWERS
BOARD
4.1 Establishment of the Joint Powers Board; Membership; Officers.
4.1.1 Establishment of the Board. There is hereby established the Joint Powers Board
of the System. The Joint Powers Board shall serve as the governing board of the
System and operate the System on behalf of the Parties.
4.1.2 Joint Powers Board Membership. The Ada County -City EMS System
(ACCESS) shall be governed by the Board whose membership shall consist of
one (1) elected official representing each Party, and a total of two (2) elected
officials of the ACEMS District/Ada County Board of Commissioners.
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4.1.2.1 Each Party shall also designate an alternate elected official to serve in
the absence of their designated Board member.
4.1.2.2 Each Party's appointee shall be given the authority to vote on all
matters before the Board with the exception of financial decisions
requiring the appropriation and/or expenditure of funds by the Parry.
4.1.3 Officers. Annually, during first meeting held in new Fiscal Year, the Joint Powers
Board shall elect a chairman and a vice chairman whose primary responsibilities
are as follows:
4.1.3.1 The Chairman shall be a member of the Board and shall conduct all
meetings of the Board and execute all contracts and resolutions on
behalf of and as authorized by the Board and any other duties assigned
by the Board; and
4.1.3.2 The Vice Chairman shall be a member of the Board and shall carry out
the functions of the Chairman in the absence of the Chairman and,
through his/her delegate, as needed, be responsible for posting agenda
notices and preparation of minutes of the Board and for maintaining
the records of the Board and any other duties assigned by the Board;
and
4.1.3.3 These officers shall have no powers or duties except as provided in this
Agreement.
4.2 Powers, Duties and Operations of the Joint Powers Board.
4.2.1 Powers. Pursuant to Section 67-2328, Idaho Code, the Board is responsible to
operate and manage the System. In order to accomplish the Purpose of this
Agreement, the Joint Powers Board shall have, in addition to other powers
provided herein, the authority to adopt procedures for its operation as well as to
adopt standards for the coordinated management, provision, operation and
maintenance of pre -hospital, emergency, and non -emergency medical services,
including medical transport, rescue, and extrication services, within the System
Area.
The Board shall have discretionary powers to manage and conduct the business
and affairs of the Ada County -City EMS System. However, the governing board
of a Parry shall approve any action that will financially obligate that Party. The
discretionary powers shall include, but not be limited to, the following:
4.2.1.1 Receive recommendations from the Administrative Committee and the
Medical Directorate;
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND. COOPERATIVE' PROVISION OF EMERGENCY .MEDICAL , SERVICES, 'IN': ADA
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4.2.1.2 Approve procedures for the operation, meeting, and other
administrative matters of the Board and the System;
4.2.1.3 Approve the Standard Operating Procedures for the System. However,
any standards approved regarding qualifications for holding a position
shall provide an exemption for any personnel of any Party who at the
effective date of this Agreement holds such a position unless contrary
to law;
4.2.1.4 Adopt medical protocols and other matters related to the Medical
Directorate;
4.2.1.5 Approve response standards, including policies regarding dispatch
responses;
4.2.1.6 Provide recommendations to a Party's respective governing body
regarding the Party's agency licensure levels within the System;
4.2.1.7 Recommend for approval, as set forth in section 4.4 of this Agreement,
a budget and financial plan as well as subsequent funding, including
joint purchasing of property;
4.2.1.8 Approve the allocation of resources, including stationing of personnel
and vehicles;
4.2.1.9 Adopt a training and education plan for licensed personnel;
4.2.1.10 Approve the deployment plan of EMS equipment;
4.2.1.11 Recommend that the Board acquire, hold, and dispose of real and
personal property jointly owned by and used in the System;
4.2.1.12 Deal with other matters necessary and convenient in furtherance of the
Purpose of this Agreement;
4.2.1.13 Identify matters that require approval of the Parties' governing boards;
4.2.1.14 Comply with the Idaho Open Meetings laws;
4.2.1.15 Operate on a fiscal year from October 1 through September 30; and
4.2.1.16 Adopt, administer and implement EMS standards, protocols and
procedures. If EMS standards, protocols and procedures adopted by
the Board impose higher standards than are required by any state
statute or rule the standards and procedures adopted by the Board shall
apply to the Parties to the extent allowed by law in the System Area.
4 "RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
i ANLll' COOPERATIVE PROVISION. OF EMERGENCY MEDICAL SERVICES JN "ADA
COUNTY — PAGE 8
4.2.2 As required by law, the Board shall report to the Idaho Department of Health and
Welfare EMS Bureau any fmdings of Agency violation of state EMS laws or rules
which occurred within the System Area.
4.2.3 Resolutions and Board procedures shall be compiled and organized according to
subject and maintained by the Joint Powers Board, which shall provide each Party
with a copy of all resolutions and procedures.
4.2.4 The approval of the governing board of each Party is required for any matter
approved by the Joint Powers Board that includes financial contribution by a
Party, including the purchase of real property and personal property.
4.3 Meetings, decisions, and communication. The Board shall adopt rules of procedure for
the conduct of their meetings that are consistent with the provisions of this Agreement.
4.3.1 The Board shall meet regularly to confer and carry out the business of the Board
and the System in the following manner:
4.3.1.1 For all meetings of the Board fifty percent (50%) of the members of
the full Board shall constitute a quorum for the purposes of
conducting business.
4.3.1.2 All motions, resolutions, and actions of approval on any matter by the
Board require a unanimous vote of the Board members present.
4.3.1.1.1 In regard to matters before the Board that only involve a
combined licensure as provided in Article V of this
Agreement, only the Board members of Parties that have
combined their licenses may vote.
4.3.1.3 The Board must provide at least fourteen (14) days advance written
notice to all Parties when considering all matters requiring a vote of
the Board members.
4.3.1.4 Only Board members, or their alternates, shall have voting privileges.
4.3.1.5 In the event a Party's Board member or designated alternate fails to
attend three (3) consecutive meetings or fails to attend more than one-
half of the meetings of the Board within a Fiscal Year, notice of
absence shall be sent to the offending Party which notice shall be
withdrawn if the offending Party's Board member appears at the next
regularly scheduled meeting and shows good cause for the absences
and presents a commitment to regular attendance in the future. In the
event the offending Party does not appear and show good cause then
the same shall constitute a material breach of the terms of this
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED.
i - AND; . COOPERATIVE PROVISION OF EMERGENCY 'MEDICAL_ SERVICES . 1N . ADA
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Agreement and the offending Party will be subject to termination
provisions of Section 3.6 of this Agreement and the notice of absence
shall stand as a notice of default.
4.3.2 The Board shall create a written annual report concerning the status of the
System, at a date set in the procedures of the Board, but in no event not less than
once per year. This report shall include all matters the Joint Powers Board
determines to be relevant to the operation of the System, including the Budget (as
described in 4.4), and any matter that may be required by the State EMS Bureau
or by state or federal law.
4.4 Finances. On or before March 1 of each year, the Board shall propose an Ada County -
City EMS System Budget (the "Budget") for approval by the ACEMS District Board.
4.4.1 The Budget shall include vehicle license registration fees designated for and
remitted to the ACEMS District for that fiscal year. The Budget may also
include contribution payments to the System by the Parties to this Agreement.
Commencing in the fourth renewal year of this Agreement, the Budget shall also
include property tax funds contributed for that fiscal year by the ACEMS District
Board pursuant to Chapter 39, Title 31, Idaho Code.
4.4.2 The Budget shall identify anticipated expenditures for the System up to the
amount included in the Budget in Section 4.4.1. The expenditures in the Budget
shall be developed in accordance with the statutory purpose that the vehicle
license registration fees be used for the provision of EMS services within the
ACEMS District. Further, commencing in the fourth renewal year of this
Agreement, the expenditures in the Budget shall be developed in accordance with
the statutory purpose that the property tax funds levied by the ACEMS District
shall be used for the provision of ambulance service within Ada County.
4.4.3 A division for the System shall be established within the ACEMS District
Budget, which shall include income line items and expenditure line items as
allocated by the ACEMS District Board. The income line items shall include, if
applicable: (1) vehicle license registration fees as described in Section 4.4.1
above; (2) contribution payments fiom the Parties; and (3) -tax funds being
contributed by the ACEMS District for System expenditures as described in
Section 4.4.1 above. The expenditure line items shall include, if applicable:
(1) personnel expenses; (2) capital expenses; and (3) operating expenses.
4.4.4 If the Budget includes contribution payments by Parties other than the ACEMS
District, then on or before March 1, the Board shall submit the Budget to each
Party's governing board for the appropriation of any contribution payment by
that Party.
4.4.5 The Parties shall set their own budgets in a timely manner with consideration to
the Budget as proposed by the Board.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
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4.4.6 If the Board fails to submit a Budget to the ACEMS District Board for approval,
then the Parties shall set their own budgets.
4.4.7 Capital investments requiring additional expenditures will be funded through
extra appropriations as proposed by the Board, subject to approval by each
Party's governing board.
4.5 Joint Purchasing. Pursuant to Section 67-2807, Idaho Code, the Board, subject to
approval of the Parties' governing boards as required by other provisions of this
Agreement, may authorize joint purchasing of any real or personal property consistent
with the laws of the state of Idaho. Prior to the Board approving any joint purchase, the
Board shall identify by resolution the plan for distribution and/or ownership of property
jointly owned by the Parties upon the withdrawal or termination of a Party.
4.6 Agreements with other Medical Service Providers. The Board may enter into
agreements with medical service providers other than those that are Parties to this
Agreement in order to provide for EMS services and/or to provide mutual aid to the
System or any medical service provider. Such agreements may be with public or private
agencies and may incorporate any of the terms and conditions contained herein and any
other terms and conditions the Parties may deem appropriate. Such agreements shall not
authorize a medical service provider to directly compete with any Party to this Agreement
for the provision of EMS services, nor shall such agreement extend any voting rights to
any Party to this Agreement for the provision of EMS service, nor shall such agreement
extend any voting rights to the Party with whom the agreement is made.
ARTICLE V
LICENSURE
5.1 Inclusive Licensure. The Parties hereby agree to maintain their state -issued EMS
licenses and operate in accordance with the laws of the state of Idaho and associated
regulations of the Idaho Department of Health and Welfare.
5.2 Establishment of the Ada County -City EMS System. The Board shall, together with
the Parties' governing boards, comply with Idaho Code §§ 53-501-510, "The Assumed
Business Names Act of 1997" to conduct the business of the System under the name and
style of Ada County -City EMS System.
5.3 Combined Licensure. Any of the Parties to this Agreement may agree to combine their
state -issued EMS licenses and to operate under one EMS license as provided by the laws
of the state of Idaho and regulations of and as authorized by the state of Idaho
Department of Health and Welfare Bureau of EMS.
5.4 Transition Process. Those Parties agreeing to combine their state -issued EMS licenses
will do all things necessary to accomplish the transition of combining their EMS licenses
and to begin and continue operating lawfully under the Ada County -City EMS System.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND :COOPERATIVE_ PROVISION OF EMERGENCY MEDICAL `SERVICES . IN ADA
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ARTICLE VI
ADMINISTRATIVE COMMITTEE
6.1 Establishment of the System Administrative Committee. There is hereby established
an Ada County EMS System Administrative Committee. The Administrative Committee
shall serve to make recommendations to the Board.
6.1.1 Administrative Committee Membership. Voting members of the
Administrative Committee shall consist of a chief administrative official from
each Party. In addition, non-voting members may be invited to participate
including, but not limited to: a representative from the Ada County Emergency
Communications Center, representatives from hospitals located within the
System, representatives from the Medical Directorate, and other EMS or health
care agencies with a shared interest in emergency medical services. The
attendance of three (3) voting Administrative Committee members shall
constitute a quorum for conducting the business of the Administrative
Committee. All actions regarding a recommendation to the Board shall require a
two-thirds (2/3) majority vote of all voting Administrative Committee members
present. Each Party shall designate an alternate member who, in the absence of
their Administrative Committee member, shall have the right to a proxy vote on
all matters presented for a vote.
6.1.2 Administrative Committee Ex -officio Membership. Any legal entity or person
who is providing EMS Services in the System Area under a current license issued
by the EMS Bureau, either as air medical services, ambulance services, and/or
non -transport services, may apply for membership on the Administrative
Committee as an Ex -officio member with rights to participate in the meetings
subject to the rule of the chairman, without the right to vote and without a right to
participate in or attend any executive session matter or on any agenda item
involving personnel or a claim of default of a Party.
6.1.3 Officers. Annually, during first meeting held in new Fiscal Year, the
Administrative Committee shall appoint a chairman and a vice chairman whose
primary responsibilities are as follows:
6.1.3.1 The Chairman shall be a member of the Administrative
Committee and shall conduct all meetings of the Administrative
Committee, and shall act as the spokesperson for the
Administrative Committee when presenting to the Board.
6.1.3.2 The Vice Chairman shall be a member of the Administrative
Committee and shall carry out the functions of the Chairman in
the absence of the Chairman and, through his/her delegate, as
needed, be responsible for posting agenda notices and preparation
of minutes of the Administrative Committee. The agenda for each
meeting shall be sent to the members fourteen (14) days before the
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meeting date. The Vice Chairman shall also perform any other
duties assigned by the Administrative Committee.
6.1.3.3 These officers shall have no powers or duties except as provided
in this Agreement or conferred by the Board.
6.2. Purpose. The purpose of the Administrative Committee is to provide operational
expertise as outlined in the Administrative Committee procedures and to make
recommendations to the Board. The Administrative Committee will meet at least bi-
monthly, but may meet more often depending on need.
6.3. Responsibility. The Administrative Committee responsibilities shall include, but are not
limited to, the following:
6.3.1 Development, maintenance, and annual review of the Ada County -City EMS
System Operation and Finance Plan to include, but not limited to: System
deployment plan, System staffing levels and licensure levels, current and future
funding needs, capital improvement plan, determination of System performance
levels, assuring a quality management program, development of a System
training and education plan, and other functions not specifically identified but
intended to meet the requirements for the safe and efficient operation of the EMS
System.
6.3.1.1 Review and update annually any change in System configuration.
6.3.1.2 Prepare, in accordance with the provisions of this subsection, any
reports, Standard Operating Procedures, Quality Improvement Plan,
Quality Assurance Plan or budget recommendation to submit to the
Board for approval prior to publication and implementation.
6.3.1.3 Provide for the coordination, planning, and provision of transport and
non -transport EMS services between the Parties, which may include
air medical service within the System Area. Ensure that EMS services
are rendered in a timely and cost effective manner, at an optimal level
of care. The Administrative Committee shall consider the current
EMS standards, existing EMS service capabilities, trends, desired
goals, and future EMS service capabilities for each planning
component with due consideration of the limited funds available to
provide such services.
6.3.1.4 The Administrative Committee shall consider, along with its
accompanying maps, charts and reports, the following components
and criteria:
RESTATED'AND AMENDED_JOIN.T POWERS AGREEMENT.FOR. THE COORDINATED
AND COOPERATIVE PROVISION. OF EMERGENCY,:MEDICAL -SERVICES -IN ��ADA
COUNTY PAGE 13
6.3.1.4.1 The current emergency medical services system structure
and performance;
6.3.1.4.2 Emergency medical services resources and capability
throughout the System, to include licensees, employees,
contractors, volunteers, and any demonstrated need for
change;
6.3.1.4.3 Population and other pertinent demographics within the
EMS System, including analyses of hospital services and
past, present, and future trends in population and
characteristics such as age, mortality, insurance and
revenue to support EMS within the System Area;
6.3.1.4.4 Other EMS factors, including but not limited to response
time standards, medical standards of care, required staffing,
EMS equipment and facilities standards within the System
Area, EMS System deployment plans, mutual aid
agreements, competency management strategy,
compensation/reimbursement plan, and data collection
plan;
6.3.1.4.5 Recommended performance standards that are currently
recognized under national, state and local standards and
guidelines; and
6.3.1.4.6 Private EMS provider's services and capabilities within the
Service Area.
6.3.2 Develop, maintain and monitor EMS performance criteria by the Parties and any
Medical Service Providers under contract pursuant to Section 4.6 of this
Agreement.
6.3.3 Receive communications, review and make recommendations to the Board
regarding any ongoing operational and/or planning and/or funding issues in order
to coordinate EMS service and resources, transport and non -transport and air
medical service, within the System Area.
6.3.4 Conduct EMS services informational meetings and consult with public officials
and agencies, the medical community, the public, and civic, educational,
professional, or other organizations.
6.3.5 Other duties as may be assigned by the Board.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
>�' AND:: COOPERATIVE,. PROVISION OF EMERGENCY MEDICAL SERVICES � IN ,ADA
COUNTY —PAGE 14
ARTICLE VII
SYSTEM MEDICAL DIRECTORATE
7.1 Establishment of the System Medical Directorate; Standards and Procedures. There
is hereby established a System Medical Directorate. The Medical Directorate
composition shall be two (2) qualified physicians as recommended by the Administrative
Committee and appointed by the Board. The Medical Directorate members shall appoint
a chairman, who shall set the agenda and preside over the meetings, serve as the
spokesman for the System Medical Directorate, and serve as an ex -officio member of the
Administrative Committee. The Board shall adopt administrative guidelines and
procedures concerning the conduct and the responsibilities of the System Medical
Directorate.
7.2 Purpose of the System Medical Directorate. The System Medical Directorate executes
the duties and functions in accordance with the laws of the state of Idaho, the Rules and
Regulations of the Idaho EMS Physicians' Commission, the state of Idaho EMS Bureau,
and any other rules or regulations concerning emergency medical services.
7.3 Authority. Decisions pertaining to medical oversight rendered by the System Medical
Directorate shall be binding upon the Parties, unless otherwise specifically noted within
this Agreement.
7.4 Responsibility. The Ada County -City EMS System Medical Directorate shall have and
exercise the following duties:
7.4.1 Be responsible for the clinical management and medical oversight of the Parties'
EMS services within the System Area and for compliance with the rules and
regulations of the Idaho EMS Physicians' Commission, rules and regulations of
the State of Idaho EMS Bureau and any associated rules and regulations
concerning emergency medical services;
7.4.2 Determine the content of the System's Medical Supervision Plan;
7.4.3 Assess clinical ramifications of field operating procedures;
7.4.4 Evaluate the prospective clinical effects of administrative and operating proposals;
7.4.5 Establish the scope of practice of EMS personnel functioning within the System
as required by the rules of the EMS Physician Commission and/or performance
requirements as set forth by the System; and
7.4.6 Identify opportunities for improving the quality of medical care delivered to
patients in the out of hospital setting within the System Area.
RESTATED' AND,AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND', COOPERATIVE PROVISION OF EMERGENCY, MEDICAL- . SERVICES ` IN : ADA
COUNTY — PAGE 15
7.5 Meetings. The System Medical Directorate shall meet at least bi-monthly and at the call
of the chairman. All meetings shall be conducted and noticed in accordance with the
Idaho Open Meeting Laws, Sections 67-2342 through 67-2345, Idaho Code and any
meeting rules adopted by the Board. A majority of the System Medical Directorate shall
constitute a quorum for the transaction of any business, for the performance of any duty,
or for the exercise of any power. Each member of the System Medical Directorate may
cast one vote during decision-making.
ARTICLE VIII
OTHER OBLIGATIONS OF THE PARTIES
8.1 Compliance with EMS Standards. Each Party shall at all times comply with standards
established by the laws of the state of Idaho and associated regulations, as well as any
other applicable federal law and/or regulation.
8.2 Agreement, Standards, Resolutions and Procedures Binding. The Board has the
authority to cooperatively exercise the powers of each Party in furtherance of the
purposes of this Agreement and the operations of the System to the extent conferred by
this Agreement, and to the extent allowed by governing law.
8.2.1 Each Party agrees to be bound by this Agreement, its amendments, and by the
resolutions and procedures adopted by the Board within the powers granted to it
by this Agreement.
8.2.2 Each Party further agrees to do all things necessary and lawful to accomplish the
purpose of this Agreement, including adoption of any ordinance or resolution
necessary to authorize the Party to perform under this Agreement.
8.3 Insurance. Each Party shall maintain a plan of insurance or self-insurance for
comprehensive liability in compliance with the Idaho Tort Claims Act, Title 6, Chapter
9, Idaho Code.
8.4 Billing and Collection. Each Party is responsible for arranging the billing and collection
of fees charged for the services it provides.
8.5 Individual Operation of the Parties; Allocation of Resources According to
Standards Adopted by Board; Furnishing of Equipment. The Board will establish
procedures and standards as well as specific direction for allocation of resources and
personnel within the System as well as other subjects as provided herein. Except as
provided by the System by action of the Board, each Party will provide its own
equipment and supplies on its vehicles, for its personnel, payroll, and its stations. All
Parties will retain control over those matters not related to the System or this Agreement,
which may include, but is not limited to: budgeting, personnel decisions, equipment,
offices, payroll, day-to-day operations and other related matters not impairing the
operation of the System or functioning of the Board.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
i AND COOPERATIVE PROVISION. OF EMERGENCY MEDICAL -SERVICES, IM ADA
COUNTY —PAGE 16
8.5.1 Personnel. This Agreement does not create a separate legal entity and therefore
the Board shall have no authority to employ personnel directly. Personnel
additions and reductions are matters entirely under the authority of the Party
employing the personnel. The Board shall not take any action which is intended
to terminate the employment of any employee, who is employed by a Party on
the effective date of this Agreement.
8.5.2 Party Compliance with laws governing Personnel. Each Party is responsible
for their compliance, in the performance of any services under this Agreement,
with Idaho Code Section 67-5901 et seq., Title VII of the Civil Rights Act of
1964, 42 U.S.C. Section 2000, et seq., as amended by the Civil Rights Act of
1991, the American with Disabilities Act of 1990, 42 U.S.C. Section 12101, et
seq. as amended by the American with Disabilities Act Amendments of 2008, the
Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seg. the Age
Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq.
8.5.3 Party to Investigate Complaints. Each Party is responsible to investigate
complaints referred from the Board, the Administrative Committee, or the
Medical Directorate made by or against the Party's employees concerning
matters related to their performance of services governed under this Agreement.
This does not require a Party to report the results of any investigation. Each
Party retains control of its personal property, personnel records, reports, and
other documents for purposes of resolution or remediation of complaints.
8.6 Medical Supplies. Each Parry shall provide necessary medical supplies for their
personnel and equipment to operate within the System. Upon direction from the Board,
the Parties shall endeavor to engage in joint purchasing of medical supplies in order to
realize cost savings.
8.7 Indemnification. Each Party covenants and agrees with the other Parties to indemnify,
defend, and hold harmless each other Party, their officers, agents, and employees, from
and against all claims, losses, actions, or judgments for damages or injury to persons or
property arising from or connected to the acts and/or activities of it and/or its agents,
employees, or representatives pursuant to and under the terms of this Agreement to the
extent allowed by law.
8.8 Shared Use of ESO Reporting Software. The Parties, with the exception of Kuna
Rural Fire District, hereby adopt Appendix A to this Agreement, for the purpose of
establishing terms and conditions of the shared use of ESO Reporting Software for report
writing and records storage and management.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION. OF EMERGENCY .MEDICAL SERVICES .IN ,ADA
COUNTY —PAGE 17
ARTICLE IX
ADMINISTRATIVE SERVICES PROVIDED BY ADA COUNTY
9.1 Management of Funds and Administrative Support. The ACEMS District shall
provide for the day-to-day management of the System funds as proposed by the Board
through the policies and procedures established by the ACEMS District. The ACEMS
District shall also provide administrative support for the Board.
9.2 Financial Advice. Ada County may make available a financial manager to the System
from time to time in order to monitor the System's financial situation and to consult with
the Board concerning the same. The Board may seek their own financial manager as
needed.
9.3 Legal Counsel. The Parties agree to make their respective legal counsel available for use
by the Board, subject to a mutual agreement between the Party and the Board regarding
the legal services to be provided and payment for those services.
9.4 Ambulance Service. The ACEMS District shall continue to provide ambulance service
through its ambulance taxing district within the boundaries of the District.
9.5 Medical Supervision. The ACEMS District shall provide for a minimum of one Medical
Director for the System Medical Directorate.
ARTICLE X
NOTICE
10.1 All notices provided for in this Agreement are to be sent to the Vice Chairman, who shall
provide said notice to each Party.
10.2 Each Party shall designate in writing to the Vice Chairman their address for the receipt of
official notices.
10.3 The effective date of notice given pursuant to this Agreement shall be three (3) days after
the date of posting with the U.S. Postal Service of notice sent to the Vice Chairman or
upon the day of notice sent by facsimile or e-mail to the Vice Chairman.
10.4 Vice Chairman Notice Duties. The Vice Chairman, or his/her delegate, shall:
10.4.1 Receive from the Partys) and distribute to all Parties the following:
10.4.1.2 Notices provided for in this Agreement; and
10.4.1.3 The minutes and all official actions of the Joint Powers Board.
10.4.2 Keep a current registry of the correct legal name and address of all Parties to this
Agreement, each Board member, and each alternate.
f _ , RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND, COOPERATIVE. PROVISION. OF EMERGENCY MEDICAL SERVICES ' IN ADA.
COUNTY —PAGE 18
10.4.3 Process notices of withdrawal and termination as provided in Article III, Sections
3.4 and 3.6 herein and proposals for amendment of this Agreement as provided in
Article III, Section 3.3 and Article XI herein.
ARTICLE XI
AMENDMENT PROVISIONS
This Agreement may only be amended in accordance with the following process:
11.1 An amendment maybe proposed by a Party and/or by the Board.
11.2 The Vice Chairman, or his/her delegate, is authorized to take all actions required under
this Article XI.
11.3 A proposed amendment must be in writing and must include strikethrough of any
language to be deleted and underline of any new language of the proposed amendment.
Any proposed amendment will be considered an amendment to the entire Agreement and
must be submitted in that fashion.
11.4 A proposed amendment shall contain a Statement of Purpose, which shall include a
statement of how the Parties will be affected by the amendment; the Party to contact for
information; and the amended Agreement text.
11.5 The proposing Party shall also prepare and submit to the Vice Chairman a Restated and
Amended Agreement form for service by the Vice Chairman in the event the proposed
amendment is approved.
11.6 The proposed amendment text, Statement of Purpose and a Restated and Amended
Agreement form shall be served upon the Vice Chairman by the proponent Party or
Board, as the case may be.
11.7 The Vice Chairman shall determine if the Proposed Amendment is in compliance with
this Article and shall advise the proponent Party in the event it is not.
11.8 If the amendment proposal is in compliance with this Article, the proposed amendment
shall be served and submitted to the Parties to this Agreement by the Vice Chairman.
11.9 All Parties' approval is required for the approval of an amendment to this Agreement.
11.10 Parties must submit their approval, or their disapproval with reasoning, in accordance
with service of notice as provided in this Agreement and within sixty (60) days of the
date of the cover notice from the Vice Chairman.
11.11 The Vice Chairman shall tally the approvals and or disapprovals within a reasonable
time, or in the case of no response, then soon after the sixty (60) day period for response.
The amended Agreement shall be effective after all Parties have duly signed.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED I
AND' : COOPERATIVE PROVISION OF EMERGENCY MEDICAL : SERVICES IN ADA
COUNTY —PAGE 19
11.12 The Vice Chairman shall then give notice to the Parties of the results, and in the event
the amendment passes, the Vice Chairman shall also include with notice to the Parties
the Restated and Amended Agreement.
ARTICLE XII
MISCELLANEOUS PROVISIONS
12.1 This Agreement shall not relieve any Party of any obligation or responsibility imposed
upon it by law.
12.2 Severability in Case of Partial Invalidity. If any portion of this Agreement is
determined to be invalid or unenforceable as a matter of law, such invalidity or lack of
enforcement shall be limited to such portion, and shall not affect any other portions or
provisions, which shall be given the fullest effect permitted by law. In the event that it
should ever be determined by a tribunal having appropriate jurisdiction that this
Agreement is illegal or unenforceable as a matter of law, this Agreement shall be
deemed to be null and void, from its inception, and the Parties hereto shall be relieved of
any further performance under the terms of this Agreement.
12.3 Governing Law. This Agreement shall be governed by the laws of the State of Idaho.
12.4 No Third Party Beneficiaries. Each Party to this Agreement intends that this
Agreement shall not benefit or create any right or cause of action in or on behalf of any
person or legal entity other than the Parties hereto.
12.5 Counterparts and Process to Become a Party. This Agreement will be executed and
delivered in counterparts, one for each Party, and at such time as the governing board of
an agency intent upon joining adopts the necessary resolution authorizing the execution
of the counterpart and a written notice thereof, including a copy of the resolution or other
authorizing act of its governing board is provided to the Secretary, this Agreement shall
then be in full force and effect to such Parties and shall have the force and effect of an
original, and copies of the signature pages of all counterparts shall be provided to all
Parties to this Agreement by the Secretary.
12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement
are included for purposes of convenience only and shall not affect the construction or
interpretation of any of its provisions.
12.7 Attorney Fees. If in the event judicial action of any kind is necessary to enforce the
terms of this Agreement, the prevailing Party shall be entitled to recover from the non -
prevailing Parry its reasonable attorney fees and costs as provided by Idaho law and the
Idaho Rules of Civil Procedure.
RESTATED AND AMENDED: JOINT POWERS AGREEMENT FOR THE COORDINATED
AND; COOPERATIVE. PROVISION OF EMERGENCY .MEDICAL SERVICES ::IN ' ADA
COUNTY PAGE 20
12.8 Entire Agreement. This is the entire agreement between the Parties and may be
modified only as provided herein.
BOARD OF ADA COUNTY COMMISSIONERS and
BOARDADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT:
By: 7� L aj2-?
vid . Case, Commissioner
By:
Ji i2Commlst Toner
By:c
Rick Aser, Commissioner Attest:
Christopher Rich, Ada County Jerk
by Trent Tripple, Assistant Chief Deputy Clerk
CITY OF BOISE:
David Bieter, Mayor
CITY OF MERIDIAN:
Attest:
Lynda Lowry, City Clerk
Attest:
Tammy de Weerd, Mayor C.Jay Coles, City Clerk
STAR FIRE PROTECTION DISTRICT: Attest:
Jared Moyle, Board Chairman
EAGLE FIRE PROTECTION DISTRICT: Attest:
Gary Stillwell, Board Chairman
KUNA RURAL FIRE PROTECTION Attest: _
DISTRICT
M.G. Bud Beatty, Jr., Board Chairman
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY — PAGE 21
12.8 Entire Agreement. This is the entire agreement between the Parties and may be
modified only as provided herein.
BOARD OF ADA COUNTY COMMISSIONERS and
BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT:
LIN
ILE
David L. Case, Commissioner
Jim Tibbs, Commissioner
Rick Visser, Commissioner
CITY OF BOISE:
David Bieter, Mayor
CITY OF MERIDIAN:
Tammy de Weerd, Mayor
STAR FIRE PROTECTION DISTRICT:
Jared Moyle, Board Chairman
EAGLE FIRE PROTECTION DISTRICT:
Gary Stillwell, Board Chairman
KUNA RURAL FIRE PROTECTION
DISTRICT
M.G. Bud Beatty, Jr., Board Chairman
Attest:
Christopher Rich, Ada County Clerk
Attest:
C.Jay Coles, City Clerk
Attest:
Attest:
Attest:
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY — PAGE 21
12.8 Entire Agreement. This is the entire agreement between the Parties and may be
modified only as provided herein.
BOARD OF ADA COUNTY COMMISSIONERS and
BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT:
David L. Case, Commissioner
Jim Tibbs, Commissioner
Rick Visser, Commissioner
CITY OF BOISE:
Attest:
Christopher Rich, Ada County Clerk
O�PSED AUGUST Attest:
David Bieter, Mayor =�o�Q ,moo Lynda Lowry, City Cleric
CITY OF MERIDIAN: c IIy of w
E IDIAN-
IDAHO
SEAL est:
Tammy e eerd, Mayor C ,P- ay Coles , C ty Cler
2���Ojthe TREPSJ�� .
STAR FIRE PROTECTION DISTRI Attest:
Jared Moyle, Board Chairman
EAGLE FIRE PROTECTION DISTRICT: Attest:
Gary Stillwell, Board Chairman
KUNA RURAL FIRE PROTECTION Attest:
DISTRICT
M.G. Bud Beatty, Jr., Board Chairman
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY — PAGE 21
1.2.8 Entire Agreement. This is the entire agreement between the Parties and may be
modified only as provided herein.
BOARD OF ADA COUNTY COMMISSIONERS and
BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT:
am
L:
David L. Case, Commissioner
Jim Tibbs, Commissioner
Rick Visser, Commissioner
CITY OF BOISE:
David Bieter, Mayor
CITY OF MERIDIAN:
Tammy de Weerd, Mayor
STAR FIRE PROTECTION DISTRICT:
Jared Moyle, Board Chairman
EAGLE FIRE PROTECTION DISTRICT:
Gary Stillwell, Board Chairman
KUNA RURAL FIRE PROTECTION
DISTRICT
M.G. Bud Beatty, Jr., Board Chairman
Attest:
Christopher Rich, Ada County Clerk
Attest:
Lynda Lowry, City Clerk
Attest:
+ C.-1—sy Coles, City Clerk
Attest: j
Attest:
Attest:
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY — PAGE 21
12.8 Entire Agreement. This is the entire agreement between the Parties and may be
modified only as provided herein.
BOARD OF ADA COUNTY COMMISSIONERS and
BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT:
By:
David L. Case, Commissioner
By:
Jim Tibbs, Commissioner
By:
Rick Visser, Commissioner
CITY OF BOISE:
David Bieter, Mayor
CITY OF MERIDIAN:
Tammy de Weerd, Mayor
STAR FIRE PROTECTION DISTRICT:
Jared Moyle, Board Chairman
EAGLE FIRE PROTECTION DISTRICT:
&,'� jt0&.AJ&
Gary Still , Board Chairman
KUNA RURAL FIRE PROTECTION
DISTRICT
M.G. Bud Beatty, Jr., Board Chairman
Attest: _
Christopher Rich, Ada County Clerk
Attest:
Lynda Lowry, City Clerk
Attest:
Attest:
Attest:
C.Jay Coles, City Clerk
=41"'d
1 +
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY — PAGE 21
12.8 Entire Agreement. This is the entire agreement between the Parties and may be
modified only as provided herein.
BOARD OF ADA COUNTY COMMISSIONERS and
BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT:
By:
David L. Case, Commissioner
LO -A
Jim Tibbs, Commissioner
By:
Rick Visser, Commissioner
CITY OF BOISE:
Attest:
David Bieter, Mayor
CITY OF MERIDIAN:
Attest:
Tammy de Weerd, Mayor
STAR FIRE PROTECTION DISTRICT: Attest:
Jared Moyle, Board Chairman
EAGLE FIRE PROTECTION DISTRICT: Attest:
Gary Stillwell, Board Chairman
KUNA RURAL FIRE
DISTRICT
M.G. Bud Beatty, Jr., Board Ch an
Attest:
Christopher Rich, Ada County Clerk
Lynda Lowry, City Clerk
C.Jay Coles, City Clerk
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY — PAGE 21
APPENDIX A:
SHARED USE OF ESO REPORTING SOFTWARE
This APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE ("Appendix
A"), is made pursuant to Article VIII, § 8.8 of the Agreement, by and between the parties to the
Agreement, with the exception of Kuna Rural Fire District. The parties to this Appendix A may
each be referenced separately in this Appendix as "Party" or collectively as "Parties."
WHEREAS, the Kuna Rural Fire District shall remain a party to the Agreement as if it
had not been amended by the addition of this Appendix A; the Kuna Rural Fire District is not,
however, a party to this Appendix A, and it is the intention and agreement of each Party hereto
that the Kuna Rural Fire District shall be exempt from all provisions of this Appendix A;
WHEREAS, the Parties have determined that it is in the best interest of their respective
jurisdictions to use ESO Reporting Software ("ESO") for report writing and records storage and
management;
WHEREAS, it is the Parties' desire to provide to each other mutual access to ESO's
functions and information stored therein in order to achieve economy of public resources, better
coordinate public safety and emergency responses, undertake local and regional analyses and
planning efforts, and work cooperatively to fulfill public service and governmental functions;
WHEREAS, the records created and stored in ESO are public records, as that term is
defined in Idaho Code section 74-101(13), and are therefore subject to the Idaho Public Records
Act, including the requirements of and exemptions from disclosure enumerated therein;
WHEREAS, to the extent that the information contained in ESO is Protected Health
Information ("PHI") as that term is defined in the Health Insurance Portability and
Accountability Act ("HIPAA"), 42 U.S.C. §§ 201 et seq., such information is exempt from
public disclosure under the HIPAA Privacy Rule promulgated by the U.S. Department of Health
and Human Services, 45 C.F.R. §§ 164.508(a)(1) and (c), and Idaho Code § 74-104(1); and
WHEREAS, under Idaho Conservation League, Inc. v. Idaho State Department of
Agriculture, 143 Idaho 366 (2006) and Idaho Code section 74-102(13), a record prepared,
owned, used or retained by a governmental entity remains the record of that entity,
notwithstanding delegation of that agency's custodial duties as to such record, nor the location or
format in which the record is stored;
WHEREAS, where two or more Parties respond to an incident, each responding fire
department or district may prepare an Electronic Health Report ("SHR") specific to each patient,
Ada County Paramedics may prepare an EHR specific to each patient, and ESO will merge both
EHRs into one consolidated EHR; further, each responding fire department or district may
prepare a National Fire Incident Report System Report ("NFIRS Report") specific to that
incident, and ESO will merge both NFIRS into one record;
APPENDIx A: ESO REPORTING. SOFTWARE PAGE 1
NOW, THEREFORE, subject to the limitations of the Agreement and this Appendix A
and in order to meet the objectives described above, the Parties hereby agree as follows:
STATEMENT OF PURPOSE (AGREEMENT, ARTICLE XI). This Appendix A is proposed by the
Board as an addendum to the Agreement. The purpose of this Appendix A is to establish the
terms and conditions of the Parties' use of ESO for creating and storing records of individual
and joint responses to medical and fire emergencies; to coordinate a uniform approach and
response to requests for records stored in ESO; to delegate to Ada County Paramedics
("ACP") custodial responsibility for EHRs stored in ESO, which responsibility shall include,
without limitation, responding to requests for such records in accordance with the Idaho
Public Records Act, and records retention and destruction in accordance with the Parties'
respective retention schedules.
II. PUBLIC RECORDS REQUESTS
A. Requests for EHRs. The following provisions shall apply to requests and/or subpoenas
duces tecum for EHRs stored in ESO.
1. Delegation of Custodial Duties. As to EHRs stored in ESO, the Parties hereby
delegate to ACP their respective custodial duties, including, without limitation, the
duty to timely respond to a request for such records pursuant to subpoena or Idaho
Code section 74-102; to manage such records; and to protect PHI from improper
disclosure pursuant to HIPAA.
2. Designation of Records Custodians. Each Party shall designate a Records
Custodian, and shall notify the Vice Chairman of same. The Vice Chairman shall
keep a current registry of the Parties' respective Records Custodians, to include their
names, addresses, e-mail addresses, and phone numbers.
3. Process. Whenever any Party receives a request for an EHR, the Party receiving such
request shall, by 5:00 p.m. of the first business day on which the request is received,
forward such request to ACP Records Custodian, and shall notify the requestor that
the second Party is the custodian of the record requested, and that the request has
been referred to the second Party for response. ACP shall process and respond to all
requests for EHRs on behalf of the agency forwarding such request. In so doing,
ACP shall observe all requirements of the Idaho Public Records Act, HIPAA, and
ACP's Records Release Policy, Designated Records Set Policy, and HIPAA Policy,
copies of which are attached to this Appendix A as Exhibit A.
4. Fees. Pursuant to Idaho Code section 74-102(10), the Board of Ada County
Commissioners may adopt, and ACP may assess, fees for labor, materials, and legal
review related to the preparation of responses to requests for EHR. Each Party to this
Appendix A shall adopt by reference the most current fee schedule established by the
Board of Ada County Commissioners as it relates to EHRs stored in ESO. ACP shall
notify the parties of any and all proposed and final changes to such fees.
APPENDIX A: ESO REPORTING SOFTWARE- - PAGE 2
5. Petition. In the event that a requestor files a petition pursuant to Idaho Code section
74-115 contesting RCP's decision to release or deny a record stored in ESO pursuant
to the delegation of authority to ACP provided herein, the following provisions shall
apply.
a. Record of incident that included ACP. Where the responsive records at issue
are related to an incident to which ACP responded, in whole or in part, Ada
County shall defend such decision in district court and in any and all subsequent
appeals. Ada County shall be responsible for all expenses related to such petition
or any ruling or order related thereto, including attorney fees, costs, penalties, or
sanctions. Where a petitioner joins a party other than ACP, the joined party shall
be responsible for its own appearance and all expenses related thereto.
b. Record of incident that did not include ACP. Where the responsive records at
issue are related to an incident to which ACP did not respond at all, ACP shall, by
5:00 p.m. of the first business day on which the petition is served, forward such
petition to the agency or agencies that did respond to the incident. The agencies
that did respond to the incident shall move to join the petition and shall stipulate
to dismissal of the petition as to ACP.
B. Requests for NFIRS Reports. The following provisions shall apply to public records
requests and/or subpoenas duces tecum for NFIRS reports stored in ESO.
1. Custodial duties; delegation to co -responders. Pursuant to Idaho Code sections 74-
101(3) and (13), each Party is the sole custodian of all NFIRS Reports that it prepares
and/or stores in ESO. Where two or more parties respond to one incident and the
NFIRS Reports they separately prepare and/or store in ESO are merged into one
record, both parties are co -custodians of the merged record. To the extent that such
merged records contain information prepared by multiple Parties, as to such merged
records, the Parties hereby delegate to each other their respective custodial duties.
2. Response to request for agency's own NFIRS Report. Where a Party receives a
request for a NFIRS report prepared by that Party, and that Party is the only Party that
prepared the requested NFIRS Report, that Party shall be solely responsible for
responding to the request and for any and all related risks, duties, and litigation
related to the request and/or response.
3. Response to request for another agency's NFIRS Report. When a Party receives a
request for a NFIRS Report prepared by a second Party, and the second Party is the
only Party that prepared the requested NFIRS Report, the Party receiving such
request shall, by 5:00 p.m. of the first business day on which the request is received,
forward the request to the second Party's Records Custodian. The Party that
originally received such request shall notify the requestor that the second Party is the
custodian of the record requested, and that the request has been referred to the second
Party for response. The second Party shall be solely responsible for responding to the
APPENDIX A: ESO REPORTING SOFTWARE _ PAGE 3
request and for any and all related risks, duties, and litigation related to the request
and/or response.
4. Response to request for merged NFIRS Report. When a Party receives a request
for a NFIRS Report that contains information prepared both by that Party and by a
second or additional Party or Parties, and such information is merged into one record
by ESO, the Party receiving such request shall be solely responsible for responding to
the request and for any and all related risks, duties, and litigation. The Party
receiving such request need not notify the additional Party or Parties that such request
was received, except that the Party receiving the request for such NFIRS Report shall,
by 5:00 p.m. of the first business day on which the request is received, notify the
Records Custodian of all Parties whose information is contained in the NFIRS Report
where such NFIRS Report refers to or contains information related to the following
circumstances:
a. One or more casualties;
b. A fire investigation;
c. An intentional fire;
d. Hazardous materials;
e. Property loss or costs estimated at $10,000 or more; and/or
f. Other circumstances under which, in the discretion of the Party receiving the
request, consultation between the Parties would promote the safety, welfare, or
best interest of either Party, citizens involved in the incident described in the
NFIRS report, or the public.
("Extraordinary Circumstances.") In the event that a requested NFIRS Report
describes Extraordinary Circumstances, the Parties shall work together to prepare a
response that is acceptable to both Parties. In the event that the Parties cannot come
to consensus prior to the deadline for release of a NFIRS Report describing
Extraordinary Circumstances, the Party that originally received the request shall
consider the input of all other Parties, and shall provide a response to the requestor
that accommodates such input as the Party that originally received the request deems
practicable. In any event, as to NFIRS Reports that do and do not pertain to
Extraordinary Circumstances, the Party that originally received the request shall be
solely responsible for responding to the request and for any and all related risks,
duties, and litigation related to the request and/or response.
5. Principles of response. In order to provide uniform responses to public records
requests, the Parties to this First Addendum hereby agree that:
a. Absent statutory exemption, NFIRS Reports stored in ESO shall be presumed to
be subject to disclosure upon request, including, without limitation: incident
reports; investigative reports and photographs; addresses and phone numbers,
including location and involved persons; and responding crew member names and
positions.
APPENDIX A: ESO REPORTING SOFTWARE - PAGE 4
b. Prior to disclosing a record which contains both PHI and information subject to
disclosure, the responding agency shall redact all PHI pursuant to Idaho Code
section 74-104(1), which provides that PHI is exempt from disclosure pursuant to
45 C.F.R. §§ 164.502(a) and 164.512(a)(1), promulgated by the United States
Department of Health and Human Services, pursuant to 42 U.S.C. § 264(b),
unless disclosure is appropriate pursuant to ACP's HIPAA Policy, a copy of
which is attached hereto as Exhibit A.
c. It is acknowledged and agreed that information related to "Extraordinary
Circumstances," as enumerated above, may be subject to particular statutory
standards of review and/or redaction.
d. The exemption for law enforcement records set forth in Idaho Code section 74-
124(1) shall not be presumed to apply to NFIRS Reports, unless the report
pertains to a suspected commission of a fire -related crime (arson, false alarm,
fireworks, explosives, malicious injury to property, concealment, etc.) in which
case the responding Party may be acting as a law enforcement officer for purposes
of this exemption.
e. Pursuant to Idaho Code section 74-103(4), any denial of a request for NFIRS
Report information requires consultation with legal counsel of the Party
responding to the request.
f. Requested records may contain information that is both exempt and nonexempt
from disclosure. Pursuant to Idaho Code section 74-112, such information must
be separated and disclosed accordingly.
III. RETENTION OF RECORDS IN ESO.
A. Retention of Records. A record stored in ESO shall be retained not less than nineteen
(19) years from the date of its creation. Pursuant to Idaho Code §§ 31-871(1)(b) and
(2)(d) and 50-907(2)(e), such records shall be classified as "semipermanent" records and
destroyed pursuant to resolution by the Ada County Board of Commissioners, and the
corresponding city council(s) or fire district board of commissioners.
B. Records retention schedule. Each Party shall incorporate into its records retention
schedule a listing of records stored in ESO, with the following classifications and
retention aeriods:
Record
Classification
Retention period
Records containing PHI
Semipermanent
Nineteen CL2hyears
NFIRS incident and
casuafty reports
Semipermanent
Nineteen (19) years
Investi ative re orts
Semipermanent
Nineteen 19 ears
Photographs
Semipermanent
Nineteen (19)
Public records requests
Semipermanent
Six 6 ears
APPENDIX A: ESO REPORTING SOFTWARE PAGE 5
EXHIBIT A
Ada County Paramedics' Records Release Policy,
Desi�natedRecords Set Policy, and HIPAA Policy
APPENDIx A: ESO REPORTING SOFTWARE ' EXHIBIT A
r�j 1Adam++ii �!ii.yParamedics
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Policy on Patient Requests for
Access to PHI
Approved by: Darby Weston (Director)
Approval Date; 01/2412017 Version: 1
Purpose
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") grants
individuals the right to access their protected health information ("PHI")
contained in a designated records set ("DRS"). Ada County Paramedics must
afford individuals this right of access in accordance with federal and state law.
To ensure that Ada County Paramedics complies with its obligations, this policy
outlines our procedures for handling requests for patient access and establishes
the procedures by which patients or authorized representatives may request
access to PHI.
Departments Affected
103.01.01 Policies & Procedures, Administration, Billing, Compliance
Policy
All access requests will be directed to the HIPAA Compliance Officer, or their
designee, and it shall be the responsibility of the HIPAA Compliance Officer to
handle all access requests.
Procedures
1. Requests for Access from the Patient or the Patient's Personal
Representative
1.1. Patients and their authorized representatives shall be granted a right of
access to obtain a copy of their PHI contained in a DRS maintained by Ada
County Paramedics.
1.2. If a patient or their authorized representative requests a copy of a
patient's PHI, the requestor shall be referred to the HIPAA Compliance
Officer or their designee. The HIPAA Compliance Officer, or designee,
shall request that the patient or authorized representative complete Ada
County Paramedics' "Request for Access to Protected Health Information"
Form.
1.3. The HIPAA Compliance Office, or designee, must verify the patient's
identity, or, if the requestor is not the patient, the name and identity of
the representative and whether the representative has the authority to
act on the patient's behalf. The use of a driver's license, social security
card, or other form of government -issued identification is acceptable for
this purpose. If it is impossible for the requestor to physically come in to
make the request and verify this information, the HIPAA Compliance
Officer shall ask the requestor to verify the patient's name, date of birth,
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Po/icy on Patient Requests for
Access to PHI
Approved by. Darby Weston (Director)
Approval Date: 0112412017 Version: 1
SSN, address, and telephone number over the phone and ask the
requestor to submit the "Request for Access to Protected Health
Information Form" via email, mail or fax.
1.4. Upon receipt of the completed "Request for Access to Protected Health
Information Form" and verification of the requestor's identity, the HIPAA
Compliance Officer will act upon the request within 30 days, preferably
sooner. Generally, Ada County Paramedics must respond to requests for
access to PHI within 30 days of receipt of the access request.
1.5. If Ada County Paramedics is unable to respond to the request within these
time frames, the requestor must be given a written notice no later than
the initial due date for a response, explaining why Ada County Paramedics
could not respond within the time frame, and in that case Ada County
Paramedics may extend the response time by an additional 30 days.
2. Requests for Access from the Patient's Attorney
2.1. If Ada County Paramedics receives a request for a patient's PHI from the
patient's attorney, the HIPAA Compliance Officer, or their designee, shall
verify that the patient has authorized the release of PHI. Generally, the
request should be accompanied by a form or letter, signed by the patient,
stating that the patient authorizes the release of the requested PHI to the
attorney. If there is a signed form or letter from the patient authorizing
the release of the PHI requested (or some other valid authorization from
the patient), then the HIPAA Compliance Officer may release the PHI to
the attorney in accordance with what the authorization states.
2.2. If the request from the patient's attorney is not accompanied by a signed
request form or letter from the patient (or some other valid patient
authorization), the HIPAA Compliance Officer shall contact the attorney
and inform the attorney that Ada County Paramedics will not release the
information without valid authorization from the patient. Ada County
Paramedics shall not release any PHI to the attorney until the patient
authorizes the release.
3. Approval of a Request for Access
3.1. Upon approval of access, the patient or authorized representative should
generally be provided a copy of the record in the manner requested on
the Form. Ada County Paramedics will either provide a copy of the PHI to
the requestor in the format requested or arrange for a convenient time for
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4 AdalNuiflyParamedics
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Policy on Patient Requests for
Access to PHI
Approved by: Darby Weston (Director)
Approval Date: 01/24/2017 Version: 1
the patient to come into Ada County Paramedics to receive a copy their
PHI. Ada County Paramedics will also transmit a copy of the PHI directly
to an entity or person designated by the patient or authorized
representative, provided that the written direction is signed and clearly
identifies the designated party.
3.2. The requestor will not be given access to the actual systems that contain
the DRS. Rather, copies of the records shall be provided for the patient
or requestor.
3.3. Whenever a patient or requestor accesses a DRS, a note will be entered
into patient's account in the Sweet billing software, in the HIPAA-AAR tab.
This note indicates the date of the request, the date access was provided,
what specific records were provided.
4. Denial of a Request for Access
4.1. If the request for access is denied, the HIPAA Compliance Officer shall
send the requestor a "Denial of Request for Access to Protected Health
Information Form," outlining the reason for the denial and explaining the
individual's rights regarding the denial. Patient access may be denied for
the reasons listed below:
4.1.1. If the information the patient requested was compiled in reasonable
anticipation of, or use in, a civil, criminal or administrative action or
proceeding;
4.1.2. If the information the patient requested was obtained from
someone other than a healthcare provider under a promise of
confidentiality and the access requested would be reasonably likely
to reveal the source of the information;
4.1.3. If a licensed healthcare professional has determined, in the
exercise of professional judgment, that the access requested is
reasonably likely to endanger the life or physical safety of the
individual or another person;
4.1.4. If the PHI makes reference to another person (other than a
healthcare provider) and a licensed health professional has
determined, in the exercise of professional judgment, that the
access requested is reasonably likely to cause substantial harm to
that person; or
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vrlijl-�> We're in it for Life!
Policy on Patient Requests for
Access to PHI
Approved by: Darby Weston (Director)
Approval Date: 01/24/2017 Version: 1
4.1.5. If the request for access is made by a requestor as a personal
representative of the individual and a licensed health professional
has determined, in the exercise of professional judgment, that
access is reasonably likely to cause harm to the individual or
another person.
4.2. If the denial of the request for access to PHI is for reasons 4.1.3., 4.1.4.,
or 4.1.5. above, then the patient may request a review of the denial of
access by sending a written request to the HIPAA Compliance Officer.
4.2.1. Ada County Paramedics will designate a licensed health
professional, who was not directly involved in the denial, to review
the decision to deny the patient access. Ada County Paramedics
will promptly refer the request to this designated review official.
The review official will determine within a reasonable period of time
whether the denial is appropriate. Ada County Paramedics will
provide the patient with written notice of the determination of the
designated reviewing official.
4.2.2. The patient may also file a complaint in accordance with Ada
County Paramedics''Procedure for Filing Complaints About Privacy
Practices" if the patient is not satisfied with Ada County
Paramedics' determination.
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Po/icy on Designated Record Sets
_., Adai��►1eui��Paramedics Approved by: Darby Weston (Director)
W e' re in i t for Life! Approval Date: 01/24/2017 Version: 1
Purpose
To ensure that Ada County Paramedics patients and their authorized
representatives are granted rights regarding Protected Health Information
("PHI") in accordance with the Health Insurance Portability and Accountability
Act of 1996 ("HIPAA"), this policy establishes what PHI at Ada County
Paramedics should be accessible to patients as a part of a Designated Record
Set ("DRS"). Under HIPAA, a DRS includes medical records that are created or
used by Ada County Paramedics to make decisions about the patient.
Departments Affected
Administration, Billing
Policy
The HIPAA Compliance Officer, or their designee, will be responsible for
fulfilling patient requests related to PHI and for ensuring that the
correct information is made part of the Designated Record Set.
Procedures
1. The DRS should only include PHI as defined under HIPAA, and should be
comprised of individually identifiable healthcare and billing information created,
received, maintained, or transmitted by or on behalf of ACP that is used, in
whole or in part, by ACP to make decisions about individuals.
2. The HIPAA Compliance Officer shall be the party in charge of designating what
information is part of a DRS at ACP and for ensuring that appropriate
information is being maintained by ACP in its designated record sets.
3. The Designated Record Set at Ada County Paramedics for any requests
regarding PHI includes the following records (claim and insurance information is
included only if specifically requested):
3.1. Electronic health reports ("EHR") created or received by Ada County
Paramedics and ACCESS agencies and supplementary information
regarding the patient's condition. This includes any photos, videos,
monitor strips, Refusal of care forms, or information from other sources
used by ACP or ACCESS agencies to treat patients.
3.2. The electronic claims records or other paper records of submission of
actual claims to Medicare or other insurance companies.
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Policy on Designated Record Sets
Approved by: Darby Weston (Director)
Approval Date. 01/24/2017 Version., 1
3.3. Any patient -specific claim and billing information, including responses
from insurance payers, such as remittance advice statements, Explanation
of Medicare Benefits, charge screens, patient account statements, and
signature authorization and agreement to pay documents.
3.4. Notices from insurance companies indicating coverage determinations,
documentation submitted by the patient, and copies of the patient's
insurance card or policy coverage summary, that relate directly to the
care of the patient or payment for that care.
3.5. Amendments to PHI, or statements of disagreement by the patient
requesting the amendment when PHI is not amended upon request, or an
accurate summary of the statement of disagreement.
3.6. Any treatment related records created by other parties such as first
responder units, assisting ambulance or fire services, air medical services,
nursing homes, hospitals, doctor's offices, police departments, coroner's
offices, etc., that are used by Ada County Paramedics or ACCESS agencies
for treatment and payment related purposes.
4. A designated record set should not include:
4.1. Quality assurance data collected and maintained for peer review purposes
4.2. Accident Reports
4.3. Incident Reports
4.4. Data collected and maintained for research
4.5. Information compiled in reasonable anticipation of litigation or
administrative action
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HIPAA Policy
Approved by. Darby Weston (Director)
Approval Date: 01/24/2017 Version: 2
Purpose
The following Policy has been developed by Ada County/City Emergency
Medical Services System (ACCESS) to comply with requirements imposed
by Health Insurance Portability and Accountability Act of 1996 (HIPAA)
and Idaho Code.
Departments Affected
201.03.02 Distributing Medical Records, Administration, Billing, Compliance,
Field Operations, Logistics, Training
Policy
All employees of the ACCESS System participating agencies shall
comply with the privacy practices of the System as set forth in the
procedures below.
Procedures
1. BACKGROUND
1.1. In 1996, Congress passed HIPAA to address multiple health care
issues including administrative simplification. The administrative
simplification provisions of HIPAA mandate compliance in three
key areas: (1) privacy; (2) security; and (3) electronic
transactions. Compliance with the Privacy Rule has been
mandatory for all health care providers since April 14, 2003.
The law severely restricts the disclosure of patient health
information (PHI) and establishes civil and criminal penalties for
violation. The goal of the HIPAA privacy rule is to protect patient's
right to confidentiality in matters involving their healthcare.
1.2. PHI refers to individually identifiable health information, as
defined by HIPAA, that is created or received by EMS and relates
to the past, present, or future physical or mental condition of an
individual; the provision of health care to an individual; or the
payment for the provision of health care to an individual at any
time; and that identifies the individual or for which there is a
reasonable basis to believe the information can be used to
identify the individual. An "individual" includes all persons,
whether living or deceased.
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2. CUSTODIAN OF RECORD
HIPAA Policy
Approved by. Darby Weston (Director)
Approval Date: 01/2412017 Version: 2
2.1. Pursuant to HIPAA, a Custodian of Records shall be appointed.
Steve Boyenger, Deputy Director of Ada County Paramedics, is
the designated Custodian of Records for HIPAA coordination,
recordation, and compliance purposes. In Steve Boyenger's
absence, the Custodian of Records will be his named designee.
2.2. Deputy Director Steve Boyenger has been appointed the
HIPAA Compliance Officer and is the primary contact for all
HIPAA compliance issues and concerns.
11cm401r0 1.1014 V111
3.1. Effective February 17, 2010, the Department of Health and
Human Services (HHS) will be required to conduct periodic
audits to ensure that covered entities and their business
associate are complying with their obligations under HIPAA.
4. PENALTIES FOR NON-COMPLIANCE
4.1. Federal Code specifies that violations of the Privacy Rule can
result in both civil monetary penalties and criminal sanctions.
This may include criminal sanctions against any person who
obtains or discloses individually identifiable health information
which that person obtained or disclosed without authorization
from the covered entity.
5. PROCEDURE FOR NOTIFICATION:
5.1. All patients shall be provided a copy of the "Notice of Privacy
Practices" document. This notice tells patients about their rights
under HIPAA and contains information about ACCESS's privacy
policies and procedures. This is also provided on ACP's website
(www.adacountyparamedics. org) and can be obtained at the
front counter of the ACP Business Office.
5.2. EMS field staff is required to obtain a fully completed and signed
"Assignment of Benefits & Privacy Acknowledgment Form" from
the patient for each call. This form serves as acknowledgment
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HIPAA Po/icy
Approved by: Darby Weston (Director)
Approval Date: 01/24/2017 Version: 2
that the patient has received the Notice of Privacy information. If
a personal representative signs this document, the
representative's relationship to the patient must be checked.
5.3. This form must be kept digitally with the electronic medical
record, and any hard -copy originals returned to the ACP
Administrative Office per record keeping requirements.
6. HIPAA TRAINING
6.1. All new hires, including temporary help, will receive HIPAA
training and complete a short test within a reasonable time
period. Members of the workforce will read, agree, and sign
the HIPAA Security and Confidentiality Agreement concerning
information learned during the course of employment along
with the Documentation of Employee Training (see HIPAA
Security and Confidentiality Agreement and Employee HIPAA
Training). Annually thereafter, each employee will review
HIPAA training as necessary and appropriate for the staff to
conduct their job.
7. PROTECTED HEALTH INFORMATION (PHI)
7.1. HIPAA defines PHI broadly as any health information, including
patient demographics, that is created or received by a
provider and:
7.1.1. Relates to the past, present or future physical or
mental health condition of a patient.
7.1.2. That identifies or can be reasonably used to identify a patient.
7.2. PHI can be in any format including oral, written or
electronic. The following are some examples of PHI:
7.2.1. Patient Care Reports
7.2.2. Medical necessity forms
7.2.3. Patient bills
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7.2.4. Claim forms
HIPAA Policy
Approved by: Darby Weston (Director)
Approval Date: 01/24/2017 Version: 2
7.2.5. Records from other facilities
7.2.6. Photos & Video
7.3. You cannot use or disclose PHI for any purpose unless
permitted under HIPAA. This applies to patients that are alive
and deceased. PHI is completely confidential and is the
property of the organization.
8. REQUIRED DISCLOSURES
8.1. Patient's Rights of Access and Accounting: You must disclose PHI
to a patient or their authorized representative upon their request
for access to their PHI. You must also render an accounting of all
disclosures of a patient's PHI upon request.
8.2. Disclosures to HHS: You must disclose PHI to HHS in connection
with its investigation of complaints, its performance of
compliance reviews, or other enforcement activities.
9. PERMITTED USES OR DISCLOSURES
9.1. Treatment: PHI may be used to provide, coordinate, or
manage a patient's health care and any related services.
This includes the coordination or management of health
care with a third party for treatment purposes.
9.2. Payment: Includes activities related to your efforts to obtain
payment or to be reimbursed for services provided, and includes
insurance eligibility determinations, the filing and pursuing of
insurance claims, your collection activities, etc.
9.3. Operations: Includes quality assessment and improvement
activities, licensing and other credentialing activities, conducting
internal medical reviews, business planning and development,
and other similar activities.
9.4. Most uses or disclosures of PHI by ACCESS will be for
treatment, payment, or health care operations
purposes, and would not require the patient's
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authorization or consent.
HIPAA Po/icy
Approved by: Darby Weston (Director)
Approval Date. 01/24/2017 Version. 2
10. Uses or Disclosures in the Public Interest
10.1. The Privacy Rule permits you to use or disclose a patient's PHI in
certain situations where the public interest is being served. These
permitted uses and disclosures are set out in the regulations at
45 C.F.R. 164.512. You may use or disclose a patient's PHI where
required by law, however, you must be careful to limit the
disclosure of PHI to the minimum amount needed to comply with
the law. Some examples of these situations are:
10.1.1. Patient consent -45 Code of Federal Regulations (CFR)
164.508 permits use or disclosure of PHI with a signed
patient authorization
10.1.2. Public health activities—PHI may be released to "proper
authorities" as required by reporting laws relating to a
communicable disease, injury, birth, & death, and for public
health investigations pursuant to applicable state and/or
federal law.
10.1.3. Coroner—EMS may disclose personal health
information to the County Coroner as required by law.
10.1.4. Military—EMS may disclose a patient's PHI if he or she is a
member of the military as required by armed forces
services.
10.1.5. Averting a serious threat to health or safety—PHI may be
disclosed or used if necessary to prevent or lessen a
serious and imminent threat to the health or safety of a
person or the public.
10.1.6. Victim abuse, neglect, or domestic violence—EMS may
disclose PHI to the proper authorities, including
government authorities, if it suspects child abuse or
neglect.
10.1.7. Reporting crime in emergencies—When EMS is providing
emergency health care it may disclose PHI to a law
enforcement official if such disclosure appears
necessary to alert law enforcement to:
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HIPAA Policy
Approved by: Darby Weston (Director)
Approval Date: 01/24/2017 Version: 2
10.1.7.1. Commission and nature of a crime.
10.1.7.2. Location of a crime or of the victims of such a crime.
10.1.7.3. Identity, description, and location of the
perpetrator of such crime.
10.1.8. EMS may release PHI required by court order or court
ordered warrant or a subpoena or summons issued by
a judicial officer.
10.1.9. Requests for records from attorneys generally must
receive a written authorization from the patient to
release the medical records. All requests for release
of records will be processed through Ada County
Paramedics.
10.1.10. ACCESS may release personal health information to a
family member, other relative, or close personal friend or
other individual involved in the patient's care if ACCESS
personnel obtain the patient's verbal agreement to do so (if
by telephone - verify birth date, Social Security Number,
address, & Phone number), or if EMS gives the patient an
opportunity to object to such a disclosure and the patient
does not raise an objection; and in certain other
circumstances where ACCESS is unable to obtain the
patient's agreement and believes the disclosure is in the
patient's best interest.
10.1.11. It is OK to share information with patients when they
request it, b u t verify (birth date, Social Security Number,
address, & Phone number) their identity. If the request is
in person, ask for ID, have them complete a record
request form, and notate in account.
11. Minimum Necessary Rule
11.1. In all instances, only the information that is necessary and
appropriate may be released. Do not disclose PHI via blog,
web site, discussion group, social network, or other public
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HIPAA Policy
Approved by: Darby Weston (Director)
Approval Date: 01/24/2017 Version. 2
place even when you believe the information is "de -identified"
unless the information is reviewed and approved by the
Compliance Officer or designee. Posts on social media sites
can give enough info for friends and family to recognize
patient. Names do not have to be included to be a violation.
11.2. If there is a question as to the appropriate release of information,
the employee should contact an Ada County Paramedics Battalion
Chief for clarification. If an employee believes that they may
have inadvertently released PHI in error, they must notify their
supervisor in writing of that disclosure. The Compliance Officer is
the custodian of patient records and must authorize release of all
PHI generated within this System. All records within the System
that contain PHI are to be kept secure at all times and locked up
when not being used for legitimate purposes.
11.3. Non-compliance with this policy may follow the disciplinary process.
12. Incidental Uses and Disclosures
12.1. The Privacy Rule does not expect our system to guarantee the
privacy of a patient's PHI against all potential risks. So longs as
you have implemented reasonable safeguards to minimize the
risk of accidental use or disclosure and you comply with the
minimum necessary standard, the Privacy Rule will permit
incidental uses and disclosures.
12.1.1. The HHS Office of Civil Rights has defined an incidental use
or disclosure as "a secondary use or disclosure than cannot
reasonably be prevented, is limited in nature, and that
occurs as a result of another use or disclosure that is
permitted by the Rule."
12.2. For example, where multiple patients are taken in an ambulance,
it is possible that one patient could overhear you discussing the
condition of the second patient. There will be times this
disclosure is unavoidable and it would be permitted so long as it
was related to patient treatment.
12.3. ACCESS crews should take every opportunity to minimize
these disclosures, but where it is unavoidable, focus first
on patient care and treatments.
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13. PATIENT RIGHTS:
HIPAA Po/icy
Approved by: Darby Weston (Director)
Approval Date: 0112412017 Version: 2
13.1. The Privacy Rule granted patients important new rights with
respect to their PHI information. These rights include:
13.1.1. Access to their own PHI.
13.1.2. Ask for amendments if they believe their PHI to be inaccurate.
13.1.2.1. Must grant or deny a requested amendment within
60 days of receipt of patient's request.
13.1.2.2. If granted, we must revise the affected records
and notify other persons or entities that might
possess the same PHI.
13.1.2.3. A denial of the patient's request for access must
be in writing, and must give the patient the
grounds upon which the request is being denied.
13.1.2.4. Denial must also advise patient of their right to
submit a written statement disagreeing with our
denial, and advise patient of their right to file a
complaint with the HHS.
13.1.2.5. If another covered entity notifies us that it has
amended records related to a patient's PHI, we are
required to amend any affected records in our
possession.
13.1.3. Make complaints regarding organization's use or misuse
of their PHI. See 'Complaint Handling and Resolution
Policy".
13.1.4. Access PHI in electronic format if PHI is in electronic format.
13.1.5. Request to not use PHI to submit claim to insurer for
payment if they pay the entire billing in full
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HIPAA Policy
Approved by: Darby Weston (Director)
Approval Date: 01124/2017 Version: 2
13.1.6. Receive accounting' of all non TPO disclosures.
14. HIPAA BREACH NOTIFICATION:
14.1. Section 13402 of the American Reinvestment and Recovery Act
of 2009 added the requirement that covered entities notify the
affected individual upon the unauthorized use or disclosure of
PHI in their possession.
14.2. A breach is treated as "discovered" on the first day we learn of
the breach or could have learned of the breach had we exercised
reasonable diligence.
14.3. When required to notify an affected individual, it must be by first
class mail to the individual's last known address. We can give
notification via email if individual has previously agreed to receive
such notifications by email. Where an individual is deceased,
notification should be made to the next of kin or the individual's
personal representative.
14.4. If the contact information is out-of-date for fewer than 10
individuals, substitute notice can be made by telephone or other
means. If it is out- of -date for 10 or more individuals,
substitute notice can be given in the form of:
14.4.1. A conspicuous posting for at least 90 days on home
page of website.
14.4.2. A conspicuous notice in a major newspaper or on a
broadcast network
14.4.3. For breaches involving the unsecured PHI of 500 or
more individuals - please contact your Compliance
Officer as there are specific requirements to follow-up.
15. ELECTRONIC PHI
15.1. Every user should have unique ID and password, and take
security precautions, especially when electronic devices are left
unattended. DO NOT SHARE PASSWORDS or download copies
of patient data onto thumb drive or other portable device unless
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authorized to do so.
unauthorized person.
16. SUMMARY
HIPAA Policy
Approved by. Darby Weston (Director)
Approval Date. 01/24/2017 Version. 2
Do not give lock combinations to an
16.1. PHI may be used for treatment or patient care, payment, and
healthcare operations (TPO).
16.2. The HIPAA Compliance Officer, Steve Boyenger, ACP,
oversees policies and procedures and should be first point of
contact.
16.3. PHI may be disclosed to law enforcement in limited, specific situations.
16.4. Take extra attention when:
16.4.1. Communicating with media
16.4.2. Using social networking sites
16.4.3. Texting, posting, or blogging about any patient information
16.4.4. Releasing, verifying, or confirming patient information
16.5. Get written authorization from patient or personal
representative when fulfilling requests for PHI from attorneys.
All requests for PHI will be handled by the Ada County
Paramedics administration office.
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Policy on Patient Requests for
Access to PHI
Approved by: Darby Weston (Director)
Approval Date: 0112412017 Version: 1
Purpose
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") grants
individuals the right to access their protected health information ("PHI")
contained in a designated records set ("DRS"). Ada County Paramedics must
afford individuals this right of access in accordance with federal and state law.
To ensure that Ada County Paramedics complies with its obligations, this policy
outlines our procedures for handling requests for patient access and establishes
the procedures by which patients or authorized representatives may request
access to PHI.
Departments Affected
103.01.01 Policies & Procedures, Administration, Billing, Compliance
Policy
All access requests will be directed to the HIPAA Compliance Officer, or their
designee, and it shall be the responsibility of the HIPAA Compliance Officer to
handle all access requests.
Procedures
1. Requests for Access from the Patient or the Patient's Personal
Representative
1.1. Patients and their authorized representatives shall be granted a right of
access to obtain a copy of their PHI contained in a DRS maintained by Ada
County Paramedics.
1.2. If a patient or their authorized representative requests a copy of a
patient's PHI, the requestor shall be referred to the HIPAA Compliance
Officer or their designee. The HIPAA Compliance Officer, or designee,
shall request that the patient or authorized representative complete Ada
County Paramedics' "Request for Access to Protected Health Information"
Form.
1.3. The HIPAA Compliance Office, or designee, must verify the patient's
identity, or, if the requestor is not the patient, the name and identity of
the representative and whether the representative has the authority to
act on the patient's behalf. The use of a driver's license, social security
card, or other form of government -issued identification is acceptable for
this purpose. If it is impossible for the requestor to physically come in to
make the request and verify this information, the HIPAA Compliance
Officer shall ask the requestor to verify the patient's name, date of birth,
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Policy on Patient Requests for
Access to PHI
Approved by: Darby Weston (Director)
Approval Date: 01/24/2017 Version: 1
SSN, address, and telephone number over the phone and ask the
requestor to submit the "Request for Access to Protected Health
Information Form" via email, mail or fax.
1.4. Upon receipt of the completed "Request for Access to Protected Health
Information Form" and verification of the requestor's identity, the HIPAA
Compliance Officer will act upon the request within 30 days, preferably
sooner. Generally, Ada County Paramedics must respond to requests for
access to PHI within 30 days of receipt of the access request.
1.5. If Ada County Paramedics is unable to respond to the request within these
time frames, the requestor must be given a written notice no later than
the initial due date for a response, explaining why Ada County Paramedics
could not respond within the time frame, and in that case Ada County
Paramedics may extend the response time by an additional 30 days.
2. Requests for Access from the Patient's Attorney
2.1. If Ada County Paramedics receives a request for a patient's PHI from the
patient's attorney, the HIPAA Compliance Officer, or their designee, shall
verify that the patient has authorized the release of PHI. Generally, the
request should be accompanied by a form or letter, signed by the patient,
stating that the patient authorizes the release of the requested PHI to the
attorney. If there is a signed form or letter from the patient authorizing
the release of the PHI requested (or some other valid authorization from
the patient), then the HIPAA Compliance Officer may release the PHI to
the attorney in accordance with what the authorization states.
2.2. If the request from the patient's attorney is not accompanied by a signed
request form or letter from the patient (or some other valid patient
authorization), the HIPAA Compliance Officer shall contact the attorney
and inform the attorney that Ada County Paramedics will not release the
information without valid authorization from the patient. Ada County
Paramedics shall not release any PHI to the attorney until the patient
authorizes the release.
3. Approval of a Request for Access
3.1. Upon approval of access, the patient or authorized representative should
generally be provided a copy of the record in the manner requested on
the Form. Ada County Paramedics will either provide a copy of the PHI to
the requestor in the format requested or arrange for a convenient time for
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Policy on Patient Requests for
Access to PHI
Approved by: Darby Weston (Director)
Approval Date: 01/24/2017 Version: 1
the patient to come into Ada County Paramedics to receive a copy their
PHI. Ada County Paramedics will also transmit a copy of the PHI directly
to an entity or person designated by the patient or authorized
representative, provided that the written direction is signed and clearly
identifies the designated party.
3.2. The requestor will not be given access to the actual systems that contain
the DRS. Rather, copies of the records shall be provided for the patient
or requestor.
3.3. Whenever a patient or requestor accesses a DRS, a note will be entered
into patient's account in the Sweet billing software, in the HIPAA-AAR tab.
This note indicates the date of the request, the date access was provided,
what specific records were provided.
4. Denial of a Request for Access
4.1. If the request for access is denied, the HIPAA Compliance Officer shall
send the requestor a "Denial of Request for Access to Protected Health
Information Form," outlining the reason for the denial and explaining the
individual's rights regarding the denial. Patient access may be denied for
the reasons listed below:
4.1.1. If the information the patient requested was compiled in reasonable
anticipation of, or use in, a civil, criminal or administrative action or
proceeding;
4.1.2. If the information the patient requested was obtained from
someone other than a healthcare provider under a promise of
confidentiality and the access requested would be reasonably likely
to reveal the source of the information;
4.1.3. If a licensed healthcare professional has determined, in the
exercise of professional judgment, that the access requested is
reasonably likely to endanger the life or physical safety of the
individual or another person;
4.1.4. If the PHI makes reference to another person (other than a
healthcare provider) and a licensed health professional has
determined, in the exercise of professional judgment, that the
access requested is reasonably likely to cause substantial harm to
that person; or
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Po/icy on Patient Requests for
Access to PHI
Approved by. Darby Weston (Director)
Approval Date: 01/24/2017 Version: 1
4.1.5. If the request for access is made by a requestor as a personal
representative of the individual and a licensed health professional
has determined, in the exercise of professional judgment, that
access is reasonably likely to cause harm to the individual or
another person.
4.2. If the denial of the request for access to PHI is for reasons 4.1.3., 4.1.4.,
or 4.1.5. above, then the patient may request a review of the denial of
access by sending a written request to the HIPAA Compliance Officer.
4.2.1. Ada County Paramedics will designate a licensed health
professional, who was not directly involved in the denial, to review
the decision to deny the patient access. Ada County Paramedics
will promptly refer the request to this designated review official.
The review official will determine within a reasonable period of time
whether the denial is appropriate. Ada County Paramedics will
provide the patient with written notice of the determination of the
designated reviewing official.
4.2.2. The patient may also file a complaint in accordance with Ada
County Paramedics' "Procedure for Filing Complaints About Privacy
Practices" if the patient is not satisfied with Ada County
Paramedics' determination.
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Policy on Designated Record Sets
Approved by: Darby Weston (Director)
Approval Date; 01/2412017 Version: 1
Purpose
To ensure that Ada County Paramedics patients and their authorized
representatives are granted rights regarding Protected Health Information
("PHI") in accordance with the Health Insurance Portability and Accountability
Act of 1996 ("HIPAA"), this policy establishes what PHI at Ada County
Paramedics should be accessible to patients as a part of a Designated Record
Set ("DRS"). Under HIPAA, a DRS includes medical records that are created or
used by Ada County Paramedics to make decisions about the patient.
Departments Affected
Administration, Billing
Policy
The HIPAA Compliance Officer, or their designee, will be responsible for
fulfilling patient requests related to PHI and for ensuring that the
correct information is made part of the Designated Record Set.
Procedures
1. The DRS should only include PHI as defined under HIPAA, and should be
comprised of individually identifiable healthcare and billing information created,
received, maintained, or transmitted by or on behalf of ACP that is used, in
whole or in part, by ACP to make decisions about individuals.
2. The HIPAA Compliance Officer shall be the party in charge of designating what
information is part of a DRS at ACP and for ensuring that appropriate
information is being maintained by ACP in its designated record sets.
3. The Designated Record Set at Ada County Paramedics for any requests
regarding PHI includes the following records (claim and insurance information is
included only if specifically requested):
3.1. Electronic health reports ("EHR") created or received by Ada County
Paramedics and ACCESS agencies and supplementary information
regarding the patient's condition. This includes any photos, videos,
monitor strips, Refusal of care forms, or information from other sources
used by ACP or ACCESS agencies to treat patients.
3.2. The electronic claims records or other paper records of submission of
actual claims to Medicare or other insurance companies.
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Policy on Designated Record Sets
Approved by. Darby Weston (Director)
Approval Date. 01/24/2017 Version. 1
3.3. Any patient -specific claim and billing information, including responses
from insurance payers, such as remittance advice statements, Explanation
of Medicare Benefits, charge screens, patient account statements, and
signature authorization and agreement to pay documents.
3.4. Notices from insurance companies indicating coverage determinations,
documentation submitted by the patient, and copies of the patient's
insurance card or policy coverage summary, that relate directly to the
care of the patient or payment for that care.
3.5. Amendments to PHI, or statements of disagreement by the patient
requesting the amendment when PHI is not amended upon request, or an
accurate summary of the statement of disagreement.
3.6. Any treatment related records created by other parties such as first
responder units, assisting ambulance or fire services, air medical services,
nursing homes, hospitals, doctor's offices, police departments, coroner's
offices, etc., that are used by Ada County Paramedics or ACCESS agencies
for treatment and payment related purposes.
4. A designated record set should not include:
4.1. Quality assurance data collected and maintained for peer review purposes
4.2. Accident Reports
4.3. Incident Reports
4.4. Data collected and maintained for research
4.5. Information compiled in reasonable anticipation of litigation or
administrative action
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Statement of Purpose for Amendments to:
RESTATED AND AMENDED
JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF
EMERGENCY MEDICAL SERVICES IN ADA COUNTY
Purpose of Proposed Amendments to the Agreement:
1. To provide for withdrawal of North Ada County Fire and Rescue District as Party and to
state that City of Boise and North Ada County Fire and Rescue District constitute one (1)
Party under the Agreement.
2. To define “Fiscal Year” as starting on Oct 1 and ending on Sept 30 of following year.
3. To clarify Amendment process.
4. To change election date of Joint Powers Board officers to first meeting of new Fiscal
Year.
5. To eliminate position/duties of “Secretary” from Joint Powers Board officers and to add
former Secretarial duties to position of Vice Chairman or his/her delegate.
6. To change quorum requirement for conducting business at meetings of Joint Powers
Board to 50% of the members of full Board.
7. To amend the requirement that the Joint Powers Board provide an annual written report
of the status of the System to the governing bodies of the Parties. Instead, the Board will
create an annual report, which can be used by each Party as it sees fit.
8. To eliminate the requirement that a DBA be formed when the Parties agree to combine
their state-issued licenses and operate under a single System license.
9. To establish that three (3) voting members constitutes a quorum for conducting business
at meetings of the Administrative Committee.
10. To change appointment of Administrative Committee officers to first meeting of new
fiscal year.
11. To eliminate position/duties of “Secretary” from Administrative Committee Board
officers and to add former Secretarial duties to position of Vice Chairman, or his/her
delegate, related to meetings and the associated records, notices, and amendment
procedures.
If there are any questions concerning the proposed Amendments, please contact Stacy Winn, at
ACEMS at swinn@adaweb.net
Meridian City Council Meeting Agenda August 14, 2018 – Page 28 of 198
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY – PAGE 1
1/26/17
RESTATED AND AMENDED
JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF
EMERGENCY MEDICAL SERVICES IN ADA COUNTY
Establishing the Ada County-City EMS System (“ACCESS”)
This Restated and Amended Joint Powers Agreement for the Coordinated and
Cooperative Provision of Emergency Medical Services in Ada County (the “Agreement”) is
entered into by and between Ada County, the Ada County Emergency Medical Services District,
the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, North Ada
County Fire and Rescue District, and Star Joint Fire Protection District, and is effective as of the
last date of execution of this Agreement.
RECITALS; PURPOSES; AUTHORITY
Purpose. The Purpose of this Agreement is to establish the Ada County-City EMS
System (the “System”) and Joint Powers Board appointed by the respective Parties authorized to
operate and manage the joint, coordinated, and unified provision and maintenance of pre-
hospital, emergency and non-emergency medical services, including medical transport, rescue,
and extrication services, within all county, city, emergency medical services district, and fire
district jurisdictions within the System Area in order to provide certainty, consistency and
economy in the management and delivery of EMS services.
1. Sections 67-2326 through 67-2333, Idaho Code, provide that public agencies
may enter into agreements with one another for joint or cooperative action which includes, but is
not limited to, joint use, ownership, and/or operation agreements and interagency contracts for
service, activity or undertakings. This Agreement is, and shall be construed as, a joint powers
agreement enacted pursuant to Sections 67-2326 through 67-2333, Idaho Code.
2. Fire Districts have authority under Sections 31-1430 and 31-1417, Idaho Code, to
enter into intra-agency and mutual aid agreements.
3. The Ada County Board of Commissioners, in its capacity as the governing board
of the Ada County Emergency Medical Services District (“ACEMS District”) pursuant to
Chapter 39, Title 31, Idaho Code, provides emergency medical services in Ada County. ACEMS
District currently holds an Advanced Life Support Level 1 EMS transport license issued by the
state of Idaho.
4. The Parties to this Agreement have various levels of EMS licenses issued by the
state of Idaho. Each Party shall be responsible to maintain such EMS license. Subject to Board
approval, nothing in this Agreement shall prevent a Party from obtaining a higher level of
licensing.
Meridian City Council Meeting Agenda August 14, 2018 – Page 29 of 198
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY – PAGE 2
1/26/17
5. The governing boards of the Parties have determined that it is in the best interests
of each Party and their taxpayers and for the persons residing and found within their respective
boundaries, to create the System.
Now, for and in consideration of the mutual covenants and promises herein set forth, and
for other good and valuable consideration hereby acknowledged by the Parties to this
Agreement as having been received, the Parties hereby mutually promise, covenant and agree as
follows:
AGREEMENT
ARTICLE I
DEFINITIONS
When used herein, the following words shall have the attendant meaning:
1.1 “ACEMS District” means the Ada County Emergency Medical Services District, a Party
to this Agreement.
1.2 “Ada County-City EMS System” means the Ada County-City EMS System as herein
created and may sometimes be referred to as the “System” or “ACCESS.”
1.3 “Ambulance” means any privately or publicly owned motor vehicle or nautical vessel,
authorized to provide service in the System, used for, or intended to be used for, the
transportation of sick or injured persons who may need medical attention during
transport. This may include dual or multipurpose vehicles.
1.4 “Ambulance Service” means an agency, licensed to operate within the System, with the
intent to provide personnel and equipment for medical treatment at an emergency scene,
during transportation or during transfer of persons experiencing physiological or
psychological illness or injury who may need medical attention during transport.
1.5 “Default” means any violation, failure to perform, or breach of any covenant, agreement,
term or condition of this Agreement.
1.6 “Emergency Medical Services” or “EMS” means the system utilized in responding to a
perceived individual need for immediate care in order to prevent loss of life or
aggravation of physiological or psychological illness or injury.
1.7 “Joint Powers Board” means the System Joint Powers Board, (“Board”), formed
pursuant to this Agreement, which is authorized to administer this Agreement on behalf
of the Parties.
1.8 “Parties” means Ada County, the cities and districts that have executed this Agreement.
1.9 “Inclusive Area Party Agencies” means Public Agencies that are Parties to this
Meridian City Council Meeting Agenda August 14, 2018 – Page 30 of 198
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY – PAGE 3
1/26/17
Agreement whose boundaries include area only within Ada County, state of Idaho.
1.10 “Non-Inclusive Area Party Agencies” means Public Agencies that are Parties to this
Agreement whose boundaries include area within Ada County and within Canyon
County, or any other neighboring county to Ada County, state of Idaho.
1.11 “Non-transport Service” means an agency with associated apparatus and personnel
licensed to operate within the System, operated with the intent to provide personnel or
equipment for medical stabilization at an emergency scene, but not intended to be the
service that will actually transport sick or injured persons.
1.12 “Public Agency” means any city or political subdivision of this state, including, but not
limited to emergency medical service districts; fire districts; cities; and any other
government subdivision of the state of Idaho, including any agency of the state of Idaho
holding a current EMS license and providing EMS within or contiguous to the
boundaries of Ada County.
1.13 “System Area” means all the geographic area within the boundaries of the “Inclusive
Area Party Agencies” and those designated areas for inclusion within the System which
are also within the boundaries of the “Non-Inclusive Area Party Agencies.”
1.13.1 The “System Area” may be modified, upon consent of all Parties, to include
area within an adjoining county;
1.13.2 The “System Area” may be modified, upon consent of all Parties, to exclude
area within Ada County upon the condition the area excluded will then be
subject to a like “System” in an adjoining County.
1.14 “Fiscal Year” means the period of time commencing October 1 and ending on
September 30 of the following year.
ARTICLE II
THE ADA COUNTY-CITY EMS SYSTEM (SYSTEM)
2.1 Establishment of the System. There is hereby established the Ada County-City EMS
System. The System shall be created for the express purpose of providing for joint
management, provision, operation, and maintenance of pre-hospital emergency and non-
emergency medical services, including medical transport, rescue, and extrication services,
within the System Area. The System shall exist as a joint exercise of the authority to
provide EMS services by all the Parties to this Agreement, and shall be administered by a
Joint Powers Board as provided in Article IV of this Agreement. The System, through the
Joint Powers Board, Administrative Committee, and the Medical Directorate, shall
establish standards and provide for the coordinated management, provision and
maintenance of pre-hospital, emergency, and non-emergency medical services, including
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Meridian City Council Meeting Agenda August 14, 2018 – Page 31 of 198
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY – PAGE 4
1/26/17
medical transport, rescue, and extrication services, within the System Area.
2.2 Scope of Services and Operation. The System shall coordinate the management,
provision, operation and maintenance of pre-hospital, emergency, and non-emergency
medical services, including medical transport, rescue, and extrication services within the
System Area. The Parties shall respond to 9-1-1 and other calls necessitating the services
o f t h e S y s t e m w i t h i n t h e S y s t e m A r e a . B y t h i s A g r e e m e n t , t h e P arties agree to
cooperatively exercise their respective powers within the System A r e a i n a m a n n e r
consistent with this Agreement.
2.2
ARTICLE III
PARTIES, DURATION, AMENDMENT, WITHDRAWAL AND TERMINATION
3.1 Parties to this Agreement. The Parties to this Agreement are Ada County, the Ada
County Emergency Medical Services District, the City of Boise, the City of Meridian,
Kuna Rural Fire District, Eagle Fire District, North Ada County Fire and Rescue
District, and Star Joint Fire Protection District. The City of Boise represents the interests
of North Ada County Fire and Rescue, which withdrew as a Party, effective March 5,
2018, pursuant to Article 3.4.1. For all purposes under this Agreement, the City of Boise
and North Ada County Fire and Rescue constitute one (1) Party. Each Party intends to
and does by this Agreement contract with each other Party and any other Agencies as
may later be added. Additional Parties may be added by resolution of the Board and
amendment of this Agreement. Each Party agrees that the removal of any Party from this
Agreement does not affect this Agreement with respect to each remaining Party.
3.2 Duration/Annual Renewal. This Agreement shall continue in force and effect from its
Execution Date through September 30, 2013. Thereafter this Agreement may be renewed
for successive one (1) year terms. Renewal terms shall be effective from October 1
through September 30 of each successive calendar year. A Party may renew this
Agreement by providing written notice to all other Parties.
3.3 Amendment. This Agreement may be amended only in accordance with the provisions
of Article XI. by written agreement of the Parties.
3.4 Withdrawal.
3.4.1 No Party shall withdraw from this Agreement unless it demonstrates one or more
of the following circumstances:
3.4.1.1 The withdrawing Party is insolvent or otherwise financially unable to
carry out its obligations under this Agreement;
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Meridian City Council Meeting Agenda August 14, 2018 – Page 32 of 198
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY – PAGE 5
1/26/17
3.4.1.2 A court has determined that it is unlawful for the Party to continue to
perform under or be Party to this Agreement;
3.4.1.3 A material breach of any term of this Agreement has occurred; or
3.4.1.4 Two or more Parties, after signing, consolidate services and wish to
combine their representation under t h i s A g r e e m e n t a s p a r t o f s aid
consolidation.
3.4.2 Notice of withdrawal must be provided to the Parties no less than sixty (60) days
before the effective date of withdrawal. However, a withdrawal shall not be
effective if the condition or conditions giving rise to the withdrawal are cured to
the reasonable satisfaction of the withdrawing Party within sixty (60) days after
the date of notice of withdrawal is provided.
3.4.3 Withdrawing Party to Cease EMS Services In Service Area. Each Party
agrees, as a special consideration to each other Party, that in t h e e v e n t t h e y
withdraw from this Agreement, either by voluntarily withdrawing or for cause by
default, that they will cease to provide EMS services in the System Area for the
remainder of the Agreement term and shall either forfeit or modify their EMS
license to the Department of Health and Welfare Bureau of EMS as that license
authorizes EMS services in the System Area by that Party. In the event a
withdrawing Party fails to cease to provide EMS services in the System Area, the
remaining Parties may seek specific performance of this provision of the
Agreement and may also seek temporary and permanent injunctive relief in an
action for specific performance filed in a court of competent jurisdiction.
3.5 Complaints. The authority to investigate a complaint against a Party may be conducted
by the Administrative Committee or by the Board, when involving cause for termination.
Member/s of the Party or Parties who are the subject of the complaint cannot vote on
motions to proceed with the investigation or matters related to the conduct or financing
of the investigation. Each Party shall cooperate with any investigation of complaints
regarding performance of services governed under this Agreement.
3.5.1 Complaints involving personnel of a Party are to be treated as described in
Section 8.5.3 of this Agreement.
3.6 Party Termination.
3.6.1 For Cause. A Party may be terminated from this Agreement by action of the
Board for cause in the event they are in default of this Agreement. Prior to
termination of a Party the Board shall conduct a hearing to determine if there is a
default of this Agreement that has not been cured by the defaulting Party. The
following procedures shall be met:
3.6.1.1 The Board shall provide to the defaulting Party fourteen (14) days
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written notice of a hearing to show cause.
3.6.1.2 The notice shall specify the reasons for the default and the intention to
terminate the Party as a Party to this Agreement.
3.6.1.3 In the event the default is cured within the fourteen (14) days and
before the commencement of the scheduled hearing before the Board,
the Board shall so note on the record of the proceedings and the
hearing shall then be concluded.
3.6.1.4 In the event the default is not cured, the Board shall, upon conclusion
of their deliberation, issue findings of fact and conclusions of law and
order of decision within thirty (30) days of the date of the hearing.
3.6.1.5 A Board member representing a Party that the Board is considering
terminating shall recuse himself/herself from voting on the
termination and all proceedings involved in the matter of termination.
3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to
this subsection shall not constitute a termination of the entire Agreement, and the
remaining Parties shall continue to perform under this Agreement for the
remainder of the contract term.
3.6.3 Terminated Party to Cease EMS Services In Service Area. Each Party agrees,
as a special consideration to each other Party, that in the event they are terminated
from this Agreement, either by voluntarily withdrawing or for cause by default,
that they will cease to provide EMS services in the System Area for the remainder
of the Agreement term and shall either forfeit or modify their EMS license to the
Idaho Department of Health and Welfare EMS Bureau as that license authorizes
the provision of EMS services in the System Area by that Party. In the event a
terminated Party fails to cease to provide EMS services in the System Area, the
remaining Parties may seek specific performance of this provision of the
Agreement and may also seek temporary and permanent injunctive relief in an
action for specific performance filed in a court of competent jurisdiction.
ARTICLE IV
ADMINISTRATION OF THE ADA COUNTY-CITY EMS SYSTEM JOINT POWERS
BOARD
4.1 Establishment of the Joint Powers Board; Membership; Officers.
4.1.1 Establishment of the Board. There is hereby established the Joint Powers Board
of the System. The Joint Powers Board shall serve as the governing board of the
System and operate the System on behalf of the Parties.
4.1.2 Joint Powers Board Membership. The Ada County-City EMS System
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(ACCESS) shall be governed by the Board whose membership shall consist of
one (1) elected official representing each Party, and a total of two (2) elected
officials of the ACEMS District/Ada County Board of Commissioners.
4.1.2.1 Each Party shall also designate an alternate elected official to serve in
the absence of their designated Board member.
4.1.2.2 Each Party’s appointee shall be given the authority to vote on all
matters before the Board with the exception of financial decisions
requiring the appropriation and/or expenditure of funds by the Party.
4.1.3 Officers. Annually, during first meeting held in new Fiscal Year, in January the
Joint Powers Board shall elect appoint a chairman and a, vice chairman, and
secretary whose primary responsibilities are as follows:
4.1.3.1 The Chairman shall be a member of the Board and shall conduct all
meetings of the Board and execute all contracts and resolutions on
behalf of and as authorized by the Board and any other duties assigned
by the Board; and
4.1.3.2 The Vice Chairman shall be a member of the Board and shall carry out
the functions of the Chairman in the absence of the Chairman and,
through his/her delegate, as needed, be responsible for posting agenda
notices and preparation of minutes of the Board and for maintaining
the records of the Board and any other duties assigned by the Board;
and
4.1.3.3 The Secretary may or may not be a member of the Board and shall be
responsible for posting agenda notices and preparation of minutes of
the Board and for maintaining the records of the Board and any other
duties assigned by the Board; and
4.1.3.43 These officers shall have no powers or duties except as provided in this
Agreement.
4.2 Powers, Duties and Operations of the Joint Powers Board.
4.2.1 Powers. Pursuant to Section 67-2328, Idaho Code, the Board is responsible to
operate and manage the System. In order to accomplish the Purpose of this
Agreement, the Joint Powers Board shall have, in addition to other powers
provided herein, the authority to adopt procedures for its operation as well as to
adopt standards for the coordinated management, provision, operation and
maintenance of pre-hospital, emergency, and non-emergency medical services,
including medical transport, rescue, and extrication services, within the System
Area.
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The Board shall have discretionary powers to manage and conduct the business
and affairs of the Ada County-City EMS System. However, the governing board
of a Party shall approve any action that will financially obligate that Party. The
discretionary powers shall include, but not be limited to, the following:
4.2.1.1 Receive recommendations from the Administrative Committee and the
Medical Directorate;
4.2.1.2 Approve procedures for the operation, meeting, and other
administrative matters of the Board and the System;
4.2.1.3 Approve the Standard Operating Procedures for the System. However,
any standards approved regarding qualifications for holding a position
shall provide an exemption for any personnel of any Party who at the
effective date of this Agreement holds such a position unless contrary
to law;
4.2.1.4 Adopt medical protocols and other matters related to the Medical
Directorate;
4.2.1.5 Approve response standards, including policies regarding dispatch
responses;
4.2.1.6 Provide recommendations to a Party’s respective governing body
regarding the Party’s agency licensure levels within the System;
4.2.1.7 Recommend for approval, as set forth in section 4.4 of this Agreement,
a budget and financial plan as well as subsequent funding, including
joint purchasing of property;
4.2.1.8 Approve the allocation of resources, including stationing of personnel
and vehicles;
4.2.1.9 Adopt a training and education plan for licensed personnel;
4.2.1.10 Approve the deployment plan of EMS equipment;
4.2.1.11 Recommend that the Board acquire, hold, and dispose of real and
personal property jointly owned by and used in the System;
4.2.1.12 Deal with other matters necessary and convenient in furtherance of the
Purpose of this Agreement;
4.2.1.13 Identify matters that require approval of the Parties’ governing boards;
4.2.1.14 Comply with the Idaho Open Meetings laws;
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4.2.1.15 Operate on a fiscal year from October 1 through September 30; and
4.2.1.16 Adopt, administer and implement EMS standards, protocols and
procedures. If EMS standards, protocols and procedures adopted by
the Board impose higher standards than are required by any state
statute or rule the standards and procedures adopted by the Board shall
apply to the Parties to the extent allowed by law in the System Area.
4.2.2 As required by law, the Board shall report to the Idaho Department of Health and
Welfare EMS Bureau any findings of Agency violation of state EMS laws or rules
which occurred within the System Area.
4.2.3 Resolutions and Board procedures shall be compiled and organized according to
subject and maintained by the Joint Powers Board, which shall provide each Party
with a copy of all resolutions and procedures.
4.2.4 The approval of the governing board of each Party is required for any matter
approved by the Joint Powers Board that includes financial contribution by a
Party, including the purchase of real property and personal property.
4.3 Meetings, decisions, and communication. The Board shall adopt rules of procedure for
the conduct of their meetings that are consistent with the provisions of this Agreement.
4.3.1 The Board shall meet regularly to confer and carry out the business of the Board
and the System in the following manner:
4.3.1.1 For all meetings of the Board fifty percent (50%) plus one (1) of the
members of the full Board shall constitute a quorum for the purposes
of conducting business.
4.3.1.2 All motions, resolutions, and actions of approval on any matter by the
Board require a unanimous vote of the Board members present.
4.3.1.1.1 In regards to matters before the Board that only involve a
combined licensure as provided in Article V of this
Agreement, only the Board members of Parties that have
combined their licenses may vote.
4.3.1.3 The Board must provide at least fourteen (14) days advance written
notice to all Parties when considering all matters requiring a vote of
the Board members.
4.3.1.4 Only Board members, or their alternates, shall have voting privileges.
4.3.1.5 In the event a Party’s Board member or designated alternate fails to
attend three (3) consecutive meetings or fails to attend more than one-
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half of the meetings of the Board within a Fiscalcalendar Yyear,
notice of absence shall be sent to the offending Party which notice
shall be withdrawn if the offending Party’s Board member appears at
the next regularly scheduled meeting and shows good cause for the
absences and presents a commitment to regular attendance in the
future. In the event the offending Party does not appear and show
good cause then the same shall constitute a material breach of the
terms of this Agreement and the offending Party will be subject to
termination provisions of Section 3.6 of this Agreement and the notice
of absence shall stand as a notice of default.
4.3.2 The Board shall create provide to the governing boards of the Parties to this
Agreement a written annual report concerning the status of the System, at a date
set in the procedures of the Board, but in no event not less than once per year.
This report shall include all matters the Joint Powers Board determines are to be
relevant to the operation of the System, including the Budget (as described in
4.4), and any matter that may be required by the State EMS Bureau or by state or
federal law.
4.4 Finances. On or before March 1 of each year, the Board shall propose an Ada County-
City EMS System Budget (the “Budget”) for approval by the ACEMS District Board.
4.4.1 The Budget shall include vehicle license registration fees designated for and
remitted to the ACEMS District for that fiscal year. The Budget may also
include contribution payments to the System by the Parties to this Agreement.
Commencing in the fourth renewal year of this Agreement, the Budget shall also
include property tax funds contributed for that fiscal year by the ACEMS District
Board pursuant to Chapter 39, Title 31, Idaho Code.
4.4.2 The Budget shall identify anticipated expenditures for the System up to the
amount included in the Budget in Section 4.4.1. The expenditures in the Budget
shall be developed in accordance with the statutory purpose that the vehicle
license registration fees be used for the provision of EMS services within the
ACEMS District. Further, commencing in the fourth renewal year of this
Agreement, the expenditures in the Budget shall be developed in accordance with
the statutory purpose that the property tax funds levied by the ACEMS District
shall be used for the provision of ambulance service within Ada County.
4.4.3 A division for the System shall be established within the ACEMS District
Budget, which shall include income line items and expenditure line items as
allocated by the ACEMS District Board. The income line items shall include, if
applicable: (1) vehicle license registration fees as described in Section 4.4.1
above; (2) contribution payments from the Parties; and (3) tax funds being
contributed by the ACEMS District for System expenditures as described in
Section 4.4.1 above. The expenditure line items shall include, if applicable: (1)
personnel expenses; (2) capital expenses; and (3) operating expenses.
Formatted: Strikethrough
Formatted: Strikethrough
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4.4.4 If the Budget includes contribution payments by Parties other than the ACEMS
District, then on or before March 1, the Board shall submit the Budget to each
Party’s governing board for the appropriation of any contribution payment by
that Party.
4.4.5 The Parties shall set their own budgets in a timely manner with consideration to
the Budget as proposed by the Board.
4.4.6 If the Board fails to submit a Budget to the ACEMS District Board for approval,
then the Parties shall set their own budgets.
4.4.7 Capital investments requiring additional expenditures will be funded through
extra appropriations as proposed by the Board, subject to approval by each
Party’s governing board.
4.5 Joint Purchasing. Pursuant to Section 67-2807, Idaho Code, the Board, subject to
approval of the Parties’ governing boards as required by other provisions of this
Agreement, may authorize joint purchasing of any real or personal property consistent
with the laws of the state of Idaho. Prior to the Board approving any joint purchase, the
Board shall identify by resolution the plan for distribution and/or ownership of property
jointly owned by the Parties upon the withdrawal or termination of a Party.
4.6 Agreements with other Medical Service Providers. The Board may enter into
agreements with medical service providers other than those that a r e P a r t i e s t o t h i s
Agreement in order to provide for EMS services and/or to provide mutual aid to the
System or any medical service provider. Such agreements may be with public or private
agencies and may incorporate any of the terms and conditions contained herein and any
other terms and conditions the Parties may deem appropriate. Such agreements shall not
authorize a medical service provider to directly compete with any Party to this Agreement
for the provision of EMS services, nor shall such agreement extend any voting rights to
any Party to this Agreement for the provision of EMS service, nor shall such agreement
extend any voting rights to the Party with whom the agreement is made.
ARTICLE V
LICENSURE
0.1 Inclusive Licensure. The Parties hereby agree to maintain their state-issued EMS
licenses and operate in accordance with the laws of the state of Idaho and associated
regulations of the Idaho Department of Health and Welfare.
5.2 Establishment of the Ada County-City EMS System. The Board shall, together with
the Parties’ governing boards, comply with Idaho Code §§ 53-501—510, “The Assumed
Business Names Act of 1997” to conduct the business of the System under the name and
style of Ada County-City EMS System.
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5.3 Combined Licensure. Any of the Parties to this Agreement may agree to combine their
state-issued EMS licenses and to operate under one EMS license as provided by the laws
of the state of Idaho and regulations of and as authorized by the state of Idaho
Department of Health and Welfare Bureau of EMS.
5.4 Transition Process. Those Parties agreeing to combine their state-issued EMS licenses
will do all things necessary to accomplish the transition of combining their EMS licenses
and to begin and continue operating lawfully under the Ada County-City EMS System.
5.5 Creation of a DBA. When any of the Parties to this Agreement agree to combine their
state-issued EMS licenses and operate under the EMS license of the Ada County-City
EMS System the Board, with all Board members eligible to vote, will establish a DBA,
which will hold the EMS license for the participating Part
ARTICLE VI
ADMINISTRATIVE COMMITTEE
6.1 Establishment of the System Administrative Committee. There is hereby established
an Ada County EMS System Administrative Committee. The Administrative Committee
shall serve to make recommendations to the Board.
6.1.1 Administrative Committee Membership. Voting members of the
Administrative Committee shall consist of a chief administrative official from
each Party. In addition, non-voting members may be invited to participate
including, but not limited to: a representative from the Ada County Emergency
Communications Center, representatives from hospitals located within the
System, representatives from the Medical Directorate, and other EMS or health
care agencies with a shared interest in emergency medical services. The
attendance of three (3) voting Administrative Committee members s h a l l
constitute a quorum for conducting the business of the Administrative
Committee. All actions regarding a recommendation to the Board shall require a
two-thirds (2/3) majority vote of all voting Administrative Committee members
present. Each Party shall designate an alternate member who, in the absence of
their Administrative Committee member, shall have the right to a proxy vote on
all matters presented for a vote.
6.1.2 Administrative Committee Ex-officio Membership. Any legal entity or person
who is providing EMS Services in the System Area under a current license issued
by the EMS Bureau, either as air medical services, ambulance services, and/or
non-transport services, may apply for membership on the Administrative
Committee as an Ex-officio member with rights to participate in the meetings
subject to the rule of the chairman, without the right to vote and without a right to
participate in or attend any executive session matter or on any agenda item
involving personnel or a claim of default of a Party.
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6.1.3 Officers. Annually, during first meeting held in new Fiscal Yearin January, the
Administrative Committee shall appoint a chairman and a, vice chairman, and
secretary whose primary responsibilities are as follows:
6.1.3.1 The Chairman shall be a member of the Administrative
Committee and shall conduct all meetings of the Administrative
Committee, and shall act as the spokesperson for the
Administrative Committee when presenting to the Board.
6.1.3.2 The Vice Chairman shall be a member of the Administrative
Committee and shall carry out the functions of the Chairman in
the absence of the Chairman and, through his/her delegate, as
needed, be responsible for posting agenda notices and preparation
of minutes of the Administrative Committee. The agenda for each
meeting shall be sent to the members fourteen (14) days before the
meeting date. The Vice Chairman shall also andperform any other
duties assigned by the Administrative Committee.
6.1.3.3 The Secretary may or may not be a member of the Administrative
Committee and shall be responsible for posting agenda notices and
preparation of minutes of the Administrative Committee. The
agenda for each meeting shall be sent to the members fourteen
(14) days before the meeting date.
6.1.3.46.1.3.3 These officers shall have no powers or duties except as
provided in this Agreement or conferred by the Board.
6.2. Purpose. The purpose of the Administrative Committee is to provide operational
expertise as outlined in the Administrative Committee procedures and to make
recommendations to the Board. The Administrative Committee will meet at least bi-
monthly, but may meet more often depending on need.
6.3. Responsibility. The Administrative Committee responsibilities shall include, but are not
limited to, the following:
6.3.1 Development, maintenance, and annual review of the Ada County-City EMS
System Operation and Finance Plan to include, but not limited to: System
deployment plan, System staffing levels and licensure levels, current and future
funding needs, capital improvement plan, determination of System performance
levels, assuring a quality management program, development of a S y s t e m
training and education plan, and other functions not specifically identified but
intended to meet the requirements for the safe and efficient operation of the EMS
System.
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6.3.1.1 Review and update annually any change in System configuration.
6.3.1.2 Prepare, in accordance with the provisions of this subsection, any
reports, Standard Operating Procedures, Quality Improvement Plan,
Quality Assurance Plan or budget recommendation to submit to the
Board for approval prior to publication and implementation.
6.3.1.3 Provide for the coordination, planning, and provision of transport and
non-transport EMS services between the Parties, which may include
air medical service within the System Area. Ensure that EMS services
are rendered in a timely and cost effective manner, at an optimal level
of care. The Administrative Committee shall consider the current
EMS standards, existing EMS service capabilities, trends, desired
goals, and future EMS service capabilities for each planning
component with due consideration of the limited funds available to
provide such services.
6.3.1.4 The Administrative Committee shall consider, along with its
accompanying maps, charts and reports, the following components
and criteria:
6.3.1.4.1 The current emergency medical services system structure
and performance;
6.3.1.4.2 Emergency medical services resources and capability
throughout the System, to include licensees, employees,
contractors, volunteers, and any demonstrated need for
change;
6.3.1.4.3 Population and other pertinent demographics within the
EMS System, including analyses of hospital services and
past, present, and future trends in population and
characteristics such as age, mortality, insurance and
revenue to support EMS within the System Area;
6.3.1.4.4 Other EMS factors, including but not limited to response
time standards, medical standards of care, required staffing,
EMS equipment and facilities standards within the System
Area, EMS System deployment plans, mutual aid
agreements, competency management strategy,
compensation/reimbursement plan, and data collection
plan;
6.3.1.4.5 Recommended performance standards that are currently
recognized under national, state and local standards and
guidelines; and
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6.3.1.4.6 Private EMS provider’s services and capabilities within the
Service Area.
6.3.2 Develop, maintain and monitor EMS performance criteria by the Parties and any
Medical Service Providers under contract pursuant to Section 4.6 of this
Agreement.
6.3.3 Receive communications, review and make recommendations to the B o a r d
regarding any ongoing operational and/or planning and/or funding issues in order
to coordinate EMS service and resources, transport and non-transport and air
medical service, within the System Area.
6.3.4 Conduct EMS services informational meetings and consult with public officials
and agencies, the medical community, the public, and civic, educational,
professional, or other organizations.
6.3.5 Other duties as may be assigned by the Board.
ARTICLE VII
SYSTEM MEDICAL DIRECTORATE
7.1 Establishment of the System Medical Directorate; Standards and Procedures. There
is hereby established a System Medical Directorate. The Medical Directorate
composition shall be two (2) qualified physicians as recommended by the Administrative
Committee and appointed by the Board. The Medical Directorate members shall appoint
a chairman, who shall set the agenda and preside over the meetings, serve as the
spokesman for the System Medical Directorate, and serve as an ex-officio member of the
Administrative Committee. The Board shall adopt administrative guidelines and
procedures concerning the conduct and the responsibilities of the System Medical
Directorate.
7.2 Purpose of the System Medical Directorate. The System Medical Directorate executes
the duties and functions in accordance with the laws of the state of Idaho, the Rules and
Regulations of the Idaho EMS Physicians’ Commission, the state of Idaho EMS Bureau,
and any other rules or regulations concerning emergency medical services.
7.3 Authority. Decisions pertaining to medical oversight rendered by the System Medical
Directorate shall be binding upon the Parties, unless otherwise specifically noted within
this Agreement.
7.4 Responsibility. The Ada County-City EMS System Medical Directorate shall have and
exercise the following duties:
7.4.1 Be responsible for the clinical management and medical oversight of the Parties’
EMS services within the System Area and for compliance with the rules and
regulations of the Idaho EMS Physicians’ Commission, rules and regulations of
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the State of Idaho EMS Bureau and any associated rules and regulations
concerning emergency medical services;
7.4.2 Determine the content of the System’s Medical Supervision Plan;
7.4.3 Assess clinical ramifications of field operating procedures;
7.4.4 Evaluate the prospective clinical effects of administrative and operating proposals;
7.4.5 Establish the scope of practice of EMS personnel functioning within the System
as required by the rules of the EMS Physician Commission and/or performance
requirements as set forth by the System; and
7.4.6 Identify opportunities for improving the quality of medical care delivered to
patients in the out of hospital setting within the System Area.
7.5 Meetings. The System Medical Directorate shall meet at least bi-monthly and at the call
of the chairman. All meetings shall be conducted and noticed in accordance with the
Idaho Open Meeting Laws, Sections 67-2342 through 67-2345, Idaho Code and any
meeting rules adopted by the Board. A majority of the System Medical Directorate shall
constitute a quorum for the transaction of any business, for the performance of any duty,
or for the exercise of any power. Each member of the System Medical Directorate may
cast one vote during decision-making.
ARTICLE VIII
OTHER OBLIGATIONS OF THE PARTIES
8.1 Compliance with EMS Standards. Each Party shall at all times comply with standards
established by the laws of the state of Idaho and associated regulations, as well as any
other applicable federal law and/or regulation.
8.2 Agreement, Standards, Resolutions and Procedures Binding. T h e B o a r d h a s t h e
authority to cooperatively exercise the powers of each Party in furtherance of the
purposes of this Agreement and the operations of the System to the extent conferred by
this Agreement, and to the extent allowed by governing law.
8.2.1 Each Party agrees to be bound by this Agreement, its amendments, and by the
resolutions and procedures adopted by the Board within the powers granted to it
by this Agreement.
8.2.2 Each Party further agrees to do all things necessary and lawful to accomplish the
purpose of this Agreement, including adoption of any ordinance or resolution
necessary to authorize the Party to perform under this Agreement.
8.3 Insurance. Each Party shall maintain a plan of insurance or self-insurance for
comprehensive liability in compliance with the Idaho Tort Claims Act, Title 6, Chapter
9, Idaho Code.
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8.4 Billing and Collection. Each Party is responsible for arranging the billing and collection
of fees charged for the services it provides.
8.5 Individual Operation of the Parties; Allocation of Resources According to
Standards Adopted by Board; Furnishing of Equipment. The Board will establish
procedures and standards as well as specific direction for allocation of resources and
personnel within the System as well as other subjects as provided herein. Except as
provided by the System by action of the Board, each Party will provide its own
equipment and supplies on its vehicles, for its personnel, payroll, and its stations. All
Parties will retain control over those matters not related to the System or this Agreement,
which may include, but is not limited to: budgeting, personnel decisions, equipment,
offices, payroll, day-to-day operations and other related matters not impairing the
operation of the System or functioning of the Board.
8.5.1 Personnel. This Agreement does not create a separate legal entity and therefore
the Board shall have no authority to employ personnel directly. Personnel
additions and reductions are matters entirely under the authority of the Party
employing the personnel. The Board shall not take any action which is intended
to terminate the employment of any employee, who is employed by a Party on
the effective date of this Agreement.
8.5.2 Party Compliance with laws governing Personnel. Each Party is responsible
for their compliance, in the performance of any services under this Agreement,
with Idaho Code Section 67-5901 et seq., Title VII of the Civil Rights Act of
1964, 42 U.S.C. Section 2000, et seq., as amended by the Civil Rights Act of
1991, the American with Disabilities Act of 1990, 42 U.S.C. Section 12101, et
seq. as amended by the American with Disabilities Act Amendments of 2008, the
Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq. the Age
Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq.
8.5.3 Party to Investigate Complaints. Each Party is responsible to investigate
complaints referred from the Board, the Administrative Committee, or the
Medical Directorate made by or against the Party’s employees concerning
matters related to their performance of services governed under this Agreement.
This does not require a Party to report the results of any investigation. Each
Party retains control of its personal property, personnel records, reports, and
other documents for purposes of resolution or remediation of complaints.
8.6 Medical Supplies. Each Party shall provide necessary medical supplies for their
personnel and equipment to operate within the System. Upon direction from the Board,
the Parties shall endeavor to engage in joint purchasing of medical supplies in order to
realize cost savings.
8.7 Indemnification. Each Party covenants and agrees with the other Parties to indemnify,
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defend, and hold harmless each other Party, their officers, agents, and employees, from
and against all claims, losses, actions, or judgments for damages or injury to persons or
property arising from or connected to the acts and/or activities of it and/or its agents,
employees, or representatives pursuant to and under the terms of this Agreement to the
extent allowed by law.
8.8 Shared Use of ESO Reporting Software. The Parties, with the exception of Kuna
Rural Fire District, hereby adopt Appendix A to this Agreement, for the purpose of
establishing terms and conditions of the shared use of ESO Reporting Software for report
writing and records storage and management.
ARTICLE IX
ADMINISTRATIVE SERVICES PROVIDED BY ADA COUNTY
9.1 Management of Funds and Administrative Support. The ACEMS District shall
provide for the day-to-day management of the System funds as proposed by the Board
through the policies and procedures established by the ACEMS District. The ACEMS
District shall also provide administrative support for the Board.
9.2 Financial Advice. Ada County may make available a financial manager to the System
from time to time in order to monitor the System’s financial situation and to consult with
the Board concerning the same. The Board may seek their own financial manager as
needed.
9.3 Legal Counsel. The Parties agree to make their respective legal counsel available for use
by the Board, subject to a mutual agreement between the Party and the Board regarding
the legal services to be provided and payment for those services.
9.4 Ambulance Service. The ACEMS District shall continue to provide ambulance service
through its ambulance taxing district within the boundaries of the District.
9.5 Medical Supervision. The ACEMS District shall provide for a minimum of one Medical
Director for the System Medical Directorate.
ARTICLE X
NOTICE
10.1 All notices provided for in this Agreement are to be sent to the Secretary Vice Chairman,
who shall provide said notice to each Party.
10.2 Each Party shall designate in writing to the Secretary Vice Chairman their address for the
receipt of official notices.
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10.3 The effective date of notice given pursuant to this Agreement shall be three (3) days after
the date of posting with the U.S. Postal Service of notice sent t o the Secretary Vice
Chairman or upon the day of notice sent by facsimile or e-mail to the SecretaryVice
Chairman.
10.4 Secretary Vice Chairman Notice Duties. The Secretary Vice Chairman, or his/her
delegate, shall:
10.4.1 Receive from the Party(s) and distribute to all Parties the following:
10.4.1.2 Notices provided for in this Agreement; and
10.4.1.3 The minutes and all official actions of the Joint Powers Board.
10.4.2 Keep a current registry of the correct legal name and address of all Parties to this
Agreement, each Board member, and each alternate.
10.4.3 Process notices of withdrawal and termination as provided in Article III, Sections
3.4 and 3.6 herein and proposals for amendment of this Agreement as provided in
Article III, Section 3.3 and Article XI herein.
ARTICLE XI
AMENDMENT PROVISIONS
This Agreement may only be amended in accordance with the following process:
11.1 An amendment may be proposed by a Party and/or by the Board.
11.2 The Vice Chairman, or his/her delegate, is authorized to take all actions required under
this Article XI.
11.23 A proposed amendment must be in writing and must include strikethrough of any
language to be deleted and underline of any new language of the proposed amendment.
Any proposed amendment will be considered an amendment to the entire Agreement and
must be submitted in that fashion.
11.34 A proposed amendment shall contain a Statement of Purpose, which shall include a
statement of how the Parties will be affected by the amendment; the Party to contact for
information; and the amended Agreement text.
11.45 The proposing Party shall also prepare and submit to the Secretary Vice Chairman a
Restated and Amended Agreement form for service by the Secretary Vice Chairman in
the event the proposed amendment is approved.
11.56 The proposed amendment text, Statement of Purpose and a Restated and Amended
Agreement form shall be served upon the SecretaryVice Chairman by the proponent
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Party or Board, as the case may be.
11.67 T h e Secretary Vice Chairman shall determine if the Proposed Amendment is in
compliance with this Article and shall advise the proponent Party in the event it is not.
11.78 If the amendment proposal is in compliance with this Article, the proposed amendment
shall be served and submitted to the Parties to this Agreement by the Secretar yVice
Chairman.
11.89 All Parties’ approval is required for the approval of an amendment to this Agreement.
11.910 Parties must submit their approval, or their disapproval with reasoning, in accordance
with service of notice as provided in this Agreement and within sixty (60) days of the
date of the cover notice from the SecretaryVice Chairman.
11.101 The Secretary Vice Chairman shall tally the approvals and or disapprovals within a
reasonable time, or in the case of no response, then soon after the sixty (60) day period
for response. The amended Agreement shall be effective after all Parties have duly
signed.
11.112 The Secretary Vice Chairman shall then give notice to the Parties of the results, and in
the event the amendment passes, the Secretary Vice Chairman shall also include with
notice to the Parties the Restated and Amended Agreement.
ARTICLE XII
MISCELLANEOUS PROVISIONS
12.1 This Agreement shall not relieve any Party of any obligation or responsibility imposed
upon it by law.
12.2 Severability in Case of Partial Invalidity. I f a n y p o r t i o n o f t h i s A g r e e m e n t i s
determined to be invalid or unenforceable as a matter of law, such invalidity or lack of
enforcement shall be limited to such portion, and shall not affect any other portions or
provisions, which shall be given the fullest effect permitted by law. In the event that it
should ever be determined by a tribunal having appropriate jurisdiction that this
Agreement is illegal or unenforceable as a matter of law, this Agreement shall be
deemed to be null and void, from its inception, and the Parties hereto shall be relieved of
any further performance under the terms of this Agreement.
12.3 Governing Law. This Agreement shall be governed by the laws of the State of Idaho.
12.4 No Third Party Beneficiaries. Each Party to this Agreement intends that this
Agreement shall not benefit or create any right or cause of action in or on behalf of any
person or legal entity other than the Parties hereto.
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12.5 Counterparts and Process to Become a Party. This Agreement will be executed and
delivered in counterparts, one for each Party, and at such time as the governing board of
an agency intent upon joining adopts the necessary resolution authorizing the execution
of the counterpart and a written notice thereof, including a copy of the resolution or other
authorizing act of its governing board is provided to the Secretary, this Agreement shall
then be in full force and effect to such Parties and shall have the force and effect of an
original, and copies of the signature pages of all counterparts shall be provided to all
Parties to this Agreement by the Secretary.
12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement
are included for purposes of convenience only and shall not affect the construction or
interpretation of any of its provisions.
12.7 Attorney Fees. If in the event judicial action of any kind is necessary to enforce the
terms of this Agreement, the prevailing Party shall be entitled to recover from the non-
prevailing Party its reasonable attorney fees and costs as provided by Idaho law and the
Idaho Rules of Civil Procedure.
12.8 Entire Agreement. This is the entire agreement between the Parties and may be
modified only as provided herein.
BOARD OF ADA COUNTY COMMISSIONERS and
BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT:
By: _________________________________
David L. Case, Commissioner
By: _________________________________
Jim Tibbs, Commissioner
By: __________________________________
Rick Visser, Commissioner Attest: ________________________
Christopher Rich, Ada County Clerk
CITY OF BOISE:
______________________________ Attest: ______________________________
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David Bieter, Mayor Lynda Lowry, City Clerk
CITY OF MERIDIAN:
______________________________ Attest: ______________________________
Tammy de Weerd, Mayor C.Jay Coles, City Clerk
STAR FIRE PROTECTION DISTRICT: Attest: ______________________________
______________________________
_____________________________
Jared Moyle, Board Chairman
EAGLE FIRE PROTECTION DISTRICT: Attest: ______________________________
______________________________
______________________________
Gary Stillwell, Board Chairman
KUNA RURAL FIRE PROTECTION Attest: ____________________________
DISTRICT ____________________________
______________________________
M.G. Bud Beatty, Jr., Board Chairman
NORTH ADA FIRE & RESCUE DISTRICT:
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APPENDIX A: ESO REPORTING SOFTWARE PAGE 1 OF 6
APPENDIX A:
SHARED USE OF ESO REPORTING SOFTWARE
This APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE (“Appendix
A”), is made pursuant to Article VIII, § 8.8 of the Agreement, by and between the parties to the
Agreement, with the exception of Kuna Rural Fire District. The parties to this Appendix A may
each be referenced separately in this Appendix as “Party” or collectively as “Parties.”
WHEREAS, the Kuna Rural Fire District shall remain a party to the Agreement as if it
had not been amended by the addition of this Appendix A; the Kuna Rural Fire District is not,
however, a party to this Appendix A, and it is the intention and agreement of each Party hereto
that the Kuna Rural Fire District shall be exempt from all provisions of this Appendix A;
WHEREAS, the Parties have determined that it is in the best interest of their respective
jurisdictions to use ESO Reporting Software (“ESO”) for report writing and records storage and
management;
WHEREAS, it is the Parties’ desire to provide to each other mutual access to ESO’s
functions and information stored therein in order to achieve economy of public resources, better
coordinate public safety and emergency responses, undertake local and regional analyses and
planning efforts, and work cooperatively to fulfill public service and governmental functions;
WHEREAS, the records created and stored in ESO are public records, as that term is
defined in Idaho Code section 74-101(13), and are therefore subject to the Idaho Public Records
Act, including the requirements of and exemptions from disclosure enumerated therein;
WHEREAS, to the extent that the information contained in ESO is Protected Health
Information (“PHI”) as that term is defined in the Health Insurance Portability and
Accountability Act (“HIPAA”), 42 U.S.C. §§ 201 et seq., such information is exempt from
public disclosure under the HIPAA Privacy Rule promulgated by the U.S. Department of Health
and Human Services, 45 C.F.R. §§ 164.508(a)(1) and (c), and Idaho Code § 74-104(1); and
WHEREAS, under Idaho Conservation League, Inc. v. Idaho State Department of
Agriculture, 143 Idaho 366 (2006) and Idaho Code section 74-102(13), a record prepared,
owned, used or retained by a governmental entity remains the record of that entity,
notwithstanding delegation of that agency’s custodial duties as to such record, nor the location or
format in which the record is stored;
WHEREAS, where two or more Parties respond to an incident, each responding fire
department or district may prepare an Electronic Health Report (“EHR”) specific to each patient,
Ada County Paramedics may prepare an EHR specific to each patient, and ESO will merge both
EHRs into one consolidated EHR; further, each responding fire department or district may
prepare a National Fire Incident Report System Report (“NFIRS Report”) specific to that
incident, and ESO will merge both NFIRS into one record;
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APPENDIX A: ESO REPORTING SOFTWARE PAGE 2 OF 6
NOW, THEREFORE, subject to the limitations of the Agreement and this Appendix A
and in order to meet the objectives described above, the Parties hereby agree as follows:
I. STATEMENT OF PURPOSE (AGREEMENT, ARTICLE XI). This Appendix A is proposed by the
Board as an addendum to the Agreement. The purpose of this Appendix A is to establish the
terms and conditions of the Parties’ use of ESO for creating and storing records of individual
and joint responses to medical and fire emergencies; to coordinate a uniform approach and
response to requests for records stored in ESO; to delegate to Ada County Paramedics
(“ACP”) custodial responsibility for EHRs stored in ESO, which responsibility shall include,
without limitation, responding to requests for such records in accordance with the Idaho
Public Records Act, and records retention and destruction in accordance with the Parties’
respective retention schedules.
II. PUBLIC RECORDS REQUESTS
A. Requests for EHRs. The following provisions shall apply to requests and/or subpoenas
duces tecum for EHRs stored in ESO.
1. Delegation of Custodial Duties. As to EHRs stored in ESO, the Parties hereby
delegate to ACP their respective custodial duties, including, without limitation, the
duty to timely respond to a request for such records pursuant to subpoena or Idaho
Code section 74-102; to manage such records; and to protect PHI from improper
disclosure pursuant to HIPAA.
2. Designation of Records Custodians. Each Party shall designate a Records
Custodian, and shall notify the Vice Chairman Secretary of same. The Vice
Chairman Secretary shall keep a current registry of the Parties’ respective Records
Custodians, to include their names, addresses, e-mail addresses, and phone numbers.
3. Process. Whenever any Party receives a request for an EHR, the Party receiving such
request shall, by 5:00 p.m. of the first business day on which the request is received,
forward such request to ACP Records Custodian, and shall notify the requestor that
the second Party is the custodian of the record requested, and that the request has
been referred to the second Party for response. ACP shall process and respond to all
requests for EHRs on behalf of the agency forwarding such request. In so doing,
ACP shall observe all requirements of the Idaho Public Records Act, HIPAA, and
ACP’s Records Release Policy, Designated Records Set Policy, and HIPAA Policy,
copies of which are attached to this Appendix A as Exhibit A.
4. Fees. Pursuant to Idaho Code section 74-102(10), the Board of Ada County
Commissioners may adopt, and ACP may assess, fees for labor, materials, and legal
review related to the preparation of responses to requests for EHR. Each Party to this
Appendix A shall adopt by reference the most current fee schedule established by the
Board of Ada County Commissioners as it relates to EHRs stored in ESO. ACP shall
notify the parties of any and all proposed and final changes to such fees.
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APPENDIX A: ESO REPORTING SOFTWARE PAGE 3 OF 6
5. Petition. In the event that a requestor files a petition pursuant to Idaho Code section
74-115 contesting ACP’s decision to release or deny a record stored in ESO pursuant
to the delegation of authority to ACP provided herein, the following provisions shall
apply.
a. Record of incident that included ACP. Where the responsive records at issue
are related to an incident to which ACP responded, in whole or in part, Ada
County shall defend such decision in district court and in any and all subsequent
appeals. Ada County shall be responsible for all expenses related to such petition
or any ruling or order related thereto, including attorney fees, costs, penalties, or
sanctions. Where a petitioner joins a party other than ACP, the joined party shall
be responsible for its own appearance and all expenses related thereto.
b. Record of incident that did not include ACP. Where the responsive records at
issue are related to an incident to which ACP did not respond at all, ACP shall, by
5:00 p.m. of the first business day on which the petition is served, forward such
petition to the agency or agencies that did respond to the incident. The agencies
that did respond to the incident shall move to join the petition and shall stipulate
to dismissal of the petition as to ACP.
B. Requests for NFIRS Reports. The following provisions shall apply to public records
requests and/or subpoenas duces tecum for NFIRS reports stored in ESO.
1. Custodial duties; delegation to co-responders. Pursuant to Idaho Code sections 74-
101(3) and (13), each Party is the sole custodian of all NFIRS Reports that it prepares
and/or stores in ESO. Where two or more parties respond to one incident and the
NFIRS Reports they separately prepare and/or store in ESO are merged into one
record, both parties are co-custodians of the merged record. To the extent that such
merged records contain information prepared by multiple Parties, as to such merged
records, the Parties hereby delegate to each other their respective custodial duties.
2. Response to request for agency’s own NFIRS Report. Where a Party receives a
request for a NFIRS report prepared by that Party, and that Party is the only Party that
prepared the requested NFIRS Report, that Party shall be solely responsible for
responding to the request and for any and all related risks, duties, and litigation
related to the request and/or response.
3. Response to request for another agency’s NFIRS Report. When a Party receives a
request for a NFIRS Report prepared by a second Party, and the second Party is the
only Party that prepared the requested NFIRS Report, the Party receiving such
request shall, by 5:00 p.m. of the first business day on which the request is received,
forward the request to the second Party’s Records Custodian. The Party that
originally received such request shall notify the requestor that the second Party is the
custodian of the record requested, and that the request has been referred to the second
Party for response. The second Party shall be solely responsible for responding to the
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APPENDIX A: ESO REPORTING SOFTWARE PAGE 4 OF 6
request and for any and all related risks, duties, and litigation related to the request
and/or response.
4. Response to request for merged NFIRS Report. When a Party receives a request
for a NFIRS Report that contains information prepared both by that Party and by a
second or additional Party or Parties, and such information is merged into one record
by ESO, the Party receiving such request shall be solely responsible for responding to
the request and for any and all related risks, duties, and litigation. The Party
receiving such request need not notify the additional Party or Parties that such request
was received, except that the Party receiving the request for such NFIRS Report shall,
by 5:00 p.m. of the first business day on which the request is received, notify the
Records Custodian of all Parties whose information is contained in the NFIRS Report
where such NFIRS Report refers to or contains information related to the following
circumstances:
a. One or more casualties;
b. A fire investigation;
c. An intentional fire;
d. Hazardous materials;
e. Property loss or costs estimated at $10,000 or more; and/or
f. Other circumstances under which, in the discretion of the Party receiving the
request, consultation between the Parties would promote the safety, welfare, or
best interest of either Party, citizens involved in the incident described in the
NFIRS report, or the public.
(“Extraordinary Circumstances.”) In the event that a requested NFIRS Report
describes Extraordinary Circumstances, the Parties shall work together to prepare a
response that is acceptable to both Parties. In the event that the Parties cannot come
to consensus prior to the deadline for release of a NFIRS Report describing
Extraordinary Circumstances, the Party that originally received the request shall
consider the input of all other Parties, and shall provide a response to the requestor
that accommodates such input as the Party that originally received the request deems
practicable. In any event, as to NFIRS Reports that do and do not pertain to
Extraordinary Circumstances, the Party that originally received the request shall be
solely responsible for responding to the request and for any and all related risks,
duties, and litigation related to the request and/or response.
5. Principles of response. In order to provide uniform responses to public records
requests, the Parties to this First Addendum hereby agree that:
a. Absent statutory exemption, NFIRS Reports stored in ESO shall be presumed to
be subject to disclosure upon request, including, without limitation: incident
reports; investigative reports and photographs; addresses and phone numbers,
including location and involved persons; and responding crew member names and
positions.
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b. Prior to disclosing a record which contains both PHI and information subject to
disclosure, the responding agency shall redact all PHI pursuant to Idaho Code
section 74-104(1), which provides that PHI is exempt from disclosure pursuant to
45 C.F.R. §§ 164.502(a) and 164.512(a)(1), promulgated by the United States
Department of Health and Human Services, pursuant to 42 U.S.C. § 264(b),
unless disclosure is appropriate pursuant to ACP’s HIPAA Policy, a copy of
which is attached hereto as Exhibit A.
c. It is acknowledged and agreed that information related to “Extraordinary
Circumstances,” as enumerated above, may be subject to particular statutory
standards of review and/or redaction.
d. The exemption for law enforcement records set forth in Idaho Code section 74-
124(1) shall not be presumed to apply to NFIRS Reports, unless the report
pertains to a suspected commission of a fire-related crime (arson, false alarm,
fireworks, explosives, malicious injury to property, concealment, etc.) in which
case the responding Party may be acting as a law enforcement officer for purposes
of this exemption.
e. Pursuant to Idaho Code section 74-103(4), any denial of a request for NFIRS
Report information requires consultation with legal counsel of the Party
responding to the request.
f. Requested records may contain information that is both exempt and nonexempt
from disclosure. Pursuant to Idaho Code section 74-112, such information must
be separated and disclosed accordingly.
III. RETENTION OF RECORDS IN ESO.
A. Retention of Records. A record stored in ESO shall be retained not less than nineteen
(19) years from the date of its creation. Pursuant to Idaho Code §§ 31-871(1)(b) and
(2)(d) and 50-907(2)(e), such records shall be classified as “semipermanent” records and
destroyed pursuant to resolution by the Ada County Board of Commissioners, and the
corresponding city council(s) or fire district board of commissioners.
B. Records retention schedule. Each Party shall incorporate into its records retention
schedule a listing of records stored in ESO, with the following classifications and
retention periods:
Record Classification Retention period
Records containing PHII Semipermanent Nineteen (19) years
NFIRS incident and
casualty reports
Semipermanent Nineteen (19) years
Investigative reports Semipermanent Nineteen (19)years
Photographs Semipermanent Nineteen (19)
Public records requests Semipermanent Six (6) years
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APPENDIX A: ESO REPORTING SOFTWARE PAGE 1EXHIBIT A OF 6
EXHIBIT A
Ada County Paramedics’ Records Release Policy,
Designated Records Set Policy, and HIPAA Policy
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