Utah Code 26B-4-155. Selection of provider by political subdivision

Superseded 7/1/2024)

Superseded 7/1/2024
26B-4-155. Selection of provider by political subdivision.

(1)

Terms Used In Utah Code 26B-4-155

Ambulance: means a ground, air, or water vehicle that:

(a)	transports patients and is used to provide emergency medical services; and

(b)

is required to obtain a permit under Section 26B-4-118 to operate in the state. See Utah Code 26B-4-101

Contract: A legal written agreement that becomes binding when signed.

Political subdivision: means :

(a)	a city, town, or metro township;

(b)

a county;

(c)	a special service district created under Title 17D, Chapter 1, Special Service District Act, for the purpose of providing fire protection services under Subsection 17D-1-201(9);

(d)	a special district created under Title 17B, Limited Purpose Local Government Entities - Special Districts, for the purpose of providing fire protection, paramedic, and emergency services;

(e)	areas coming together as described in Subsection 26B-4-156(2)(b)(ii); or

(f)	an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 26B-4-101
(a)	Only an applicant approved under Section 26B-4-154 may respond to a request for a proposal issued in accordance with Section 26B-4-156 or Section 26B-4-158 by a political subdivision.

(b)	A response to a request for proposal is subject to the maximum rates established by the department under Section 26B-4-152.

(c)

A political subdivision may award a contract to an applicant in response to a request for proposal:

(i)	in accordance with Section 26B-4-156; and

(ii)	subject to Subsections (2) and (3).

(2)

(a)	The department shall issue a license to an applicant selected by a political subdivision under Subsection (1) unless the department finds that issuing a license to that applicant would jeopardize the health, safety, and welfare of the citizens of the geographic service area.

(b)

A license issued under this Subsection (2):

(i)	is for the exclusive geographic service area approved by the department in accordance with Subsection 26B-4-156(2);

(ii)	is valid for four years;

(iii)

is not subject to a request for license from another applicant under the provisions of Sections 26B-4-160 through 26B-4-163 during the four-year term, unless the applicant’s license is revoked under Section 26B-4-130;

(iv)	is subject to revocation or revision under Subsection (3)(d); and

(v)	is subject to supervision by the department under Sections 26B-4-129 and 26B-4-130.

(3)

Notwithstanding Subsection (2)(b), a political subdivision may terminate a contract described in Subsection (1)(c), with or without cause, if:

(a)

the contract:

(i)	is entered into on or after May 5, 2021; and

(ii)	allows an applicant to provide 911 ambulance services;

(b)

the political subdivision provides written notice to the applicant described in Subsection (3)(a)(ii) and the department:

(i)	at least 18 months before the day on which the contract is terminated; or

(ii)	within a period of time shorter than 18 months before the day on which the contract is terminated, if otherwise agreed to by the applicant and the department;

(c)	the political subdivision selects another applicant to provide 911 ambulance services for the political subdivision in accordance with Section 26B-4-156;

(d)

the department:

(i)

revokes the license of the applicant described in Subsection (3)(a)(ii), or issues a new or revised license for the applicant described in Subsection (3)(a)(ii):

(A)	in order to remove the area that is subject to the contract from the applicant’s exclusive geographic service area; and

(B)	to take effect the day on which the contract is terminated; and

(ii)

issues a new or revised license for the applicant described in Subsection (3)(c):

(A)	in order to allow the applicant to provide 911 ambulance services for the area described in Subsection (3)(d)(i)(A); and

(B)	to take effect the day on which the contract is terminated; and

(e)	the termination does not create an orphaned area.

(4)	Except as provided in Subsection 26B-4-157(4)(a), the provisions of Sections 26B-4-160 through 26B-4-163 do not apply to a license issued under this section.

Renumbered and Amended by Chapter 307, 2023 General Session

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