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![handle is hein.nyscompop/nyscomo2005 and id is 1 raw text is: Opinion 2005 - 1
Opinion 2005 - 1
This opinion represents the views of the Office of the State Comptroller at the
time it was rendered. The opinion may no longer represent those views if, among
other things, there have been subsequent court cases or statutory amendments
that bear on the issues discussed in the opinion.
AMBULANCE SERVICE -- Fees (retention of by service provider)
CONSTITUTIONAL LAW - Gifts and Loans (collection of unpaid ambulance fees)
GENERAL MUNICIPAL LAW §122-b; STATE CONSTITUTION, ARTICLE VIII, §1:
Towns may fix fees for ambulance services, to be paid by persons requesting the use of
such services. Although the town, by rules and regulations, may provide for the
collection of such fees by the entity providing services under contract, the fees collected
belong to the town and may not be retained by the service provider for its own use. The
town, by modification of the contract, may pay an additional amount to the service
provider above the amount set forth in the service contract, but only in exchange for
additional consideration to be provided by the service provider. To avoid contravening
the constitutional gift prohibition, it is incumbent upon the town to take reasonable steps
to collect unpaid ambulance fees.
This is in response to your inquiry concerning the provision of emergency medical
service in a town. You indicate that the town currently contracts with a not-for profit
organization for the provision of emergency medical service to town residents. Pursuant
to the contract, the town pays a fixed consideration to the not-for-profit organization. The
town is considering charging a fee to users for this service.
You ask: (1) whether the emergency medical services provider (the provider) may
retain as its own monies the user fees imposed by the town for the emergency medical
services; (2) if the provider is not permitted to retain the fees charged, whether the town
may pay additional amounts to the provider above the amount of consideration stated in
the contract; and (3) assuming the fees belong to the town, whether the town is obligated
to pursue the collection of unpaid fees from users who fail to pay for ambulance
services.
Section 122-b of the General Municipal Law authorizes towns to provide emergency
medical service, general ambulance service or a combination of such services for the
purpose of providing prehospital emergency medical treatment, or transporting sick or
injured persons found within the boundaries of the town to a hospital, clinic, sanatorium
or other place for treatment (General Municipal Law §1 22-b[1 ]). Under section 122-b,
towns, inter alia, may contract with one or more organizations to supply, staff and equip
emergency medical service or ambulance vehicles suitable for such purposes and
operate such vehicles for the furnishing of prehospital emergency treatment (General
Municipal Law §1 22-b[1 ][c]). Towns may fix a schedule of fees or charges to be paid by
persons requesting the use of apparatus and equipment in the provision of emergency
medical services or ambulance service (General Municipal Law §1 22-b[2]).
Further, towns may provide for the collection of the fees and charges or may formulate
rules and regulations for the collection thereof by the organization furnishing services
under contract (General Municipal Law §122-b[2]). Although section 122-b authorizes
the town to provide, in rules and regulations, for the collection of the fees and charges by
the contracting service provider, the fees, as noted, are imposed by the town and,
therefore, in the absence of anything to the contrary in section 122-b, constitute town
monies (see 1998 Opens St Comp No. 98-9, p 22; 34 Opens St Comp, 1978, p 204;
1975 Opens St Comp No. 75-49, unreported; 25 Opns St Comp 1969, p 90). 1
With respect to the payment by the town of additional monies to the service provider
above the amount stated in the contract, we note that article VIII, §1 of the State
Constitution prohibits gifts and loans of monies by towns to or in aid of any individual, or
private corporation, association or undertaking. If the town were to unilaterally pay the
Opinion 2005 - 1](ViewImageLocal?handle=hein.nyscompop/nyscomo2005&div=1&collection=&method=preview&ext=.png&size=3)