The URL can be used to link to this page

Home My WebLink AboutD-2767-25 Ambulance Capital FundSponsors: Councilors Taylor and Snyder ORDINANCE NO. D-2767-25 (AS AMENDED) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 2, ARTICLE 4, SECTION 2-96 OF THE CARMEL CITY CODE Synopsis: Amendment to the Ordinance regulating the Ambulance Capital Fund. WHEREAS, the Ambulance Capital Fund (Fund 102) (the “Fund”) was established as a special non-reverting capital fund for the purpose of maintaining revenues received from Carmel Ambulance Services; and WHEREAS, the Fund was jointly administered by the City of Carmel and Clay Township while they jointly provided paramedic, ambulance and fire services to Clay Township; and WHEREAS, Clay Township no longer provides any paramedic, ambulance or fire services to Clay Township; and WHEREAS, the Common Council of the City now finds that it is in the interests of the City to amend Chapter 2, Article 4, Section 2-96 of the Carmel City Code to accurately reflect the provision of paramedic, ambulance and fire services and the administration of the Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Carmel City Code Section 2-96 is hereby amended to read as follows: “§ 2-96 Ambulance Capital Fund (Fund 102). (a) The City hereby establishes a special non-reverting capital fund for the purpose of maintaining revenues received from Carmel Ambulance Services for the purpose of acquiring and/or replacing capital improvements and equipment necessary to maintain paramedic, emergency ambulance and fire service (hereinafter referred to as the “Paramedic, Emergency Ambulance and Fire Service Capital Fund”), to be administered and maintained by the City as hereinafter set forth: (1) The Capital Fund will be funded from revenues provided by Carmel Ambulance Services as a result of the City's administration of the paramedic and emergency ambulance ; (2) The funds held in the Capital Fund shall be accounted for and maintained separate and apart from other City funds and invested with interest thereon deposited into the Capital Fund as provided by law; (3) The funds held and accounted for in the Capital Fund shall be withdrawn only: Docusign Envelope ID: 612B12B0-DF7B-40EF-BE28-1680E9970F41 Sponsors: Councilors Taylor and Snyder i) Upon proper appropriation by the legislative body of the City; and ii) For the purpose of making capital expenditures supporting paramedic, emergency ambulance and fire service. (4) Capital equipment and improvements acquired from the funds held in the Capital Fund shall be titled in the name of the City. (b) The life of the Paramedic, Emergency Ambulance and Fire Service Fund shall be perpetual unless terminated by subsequent ordinance duly enacted by the City legislative body. (Ord. D-1042, 4-18-94; Ord. D-1180, 9-18-95). (c) (1) The Carmel Fire Department is authorized, pursuant to Indiana law, to provide emergency medical services. i) The Carmel Fire Department is authorized to provide emergency medical services and charge fees at the rate of four hundred percent (400%) of the current published rate for ambulance service as established by the Centers for Medicare and Medicaid Services under Title XVIII of the federal Social Security Act (42 U.S.C. 1395 et seq.) for the same ambulance service provided in the same geographic area pursuant to Indiana Code § 27-1-2.3- 8.1, except that out of pocket expenses shall be limited to $800 for Carmel residents ii) In the event changes in Medicare or other federal or state health care regulations require an adjustment to current charges set forth hereinabove, the Fire Chief is authorized to adjust the same to comply with the law, such adjustments to take effect on the calendar date immediately following the date on which written notice of said adjustments is hand delivered or mailed by the Fire Chief by U.S. Certified mail, return receipt requested, to the Mayor, Clerk, Common Council President and Corporation Counsel. iii) Annual COLA Increase. On January 1 of each year, beginning in 2026, a 3% Cost of Living Adjustment shall be added to the previous year’s limits on out of pocket expenses. This 3% increase shall occur automatically each year unless and until such time that the Carmel City Council amends or adjusts the percentage of the COLA increase for the next fiscal year. iv) The City shall charge to and collect a fee from assisted-living facilities, supportive living facilities, nursing care or nursing home facilities, or other similar congregate care facilities for services provided by personnel of the City of Carmel Fire Dep artment in connection with providing assistance in lifting or physically moving a person from the person’s position to a different position where the person does not require emergency medical treatment or transportation. The fee for providing such assistance under this subsection shall be Five Hundred Dollars ($500) payable within thirty (30) days of City’s demand for payment. (2) Said funds shall be placed into the non-reverting fund established in subsection (a) above. (Ord. D-1184, 10-2-95) Docusign Envelope ID: 612B12B0-DF7B-40EF-BE28-1680E9970F41 Sponsors: Councilors Taylor and Snyder (3) The Carmel Fire Department is authorized to collect fees for its ambulance and emergency medical treatment runs. (4) In the event such fees are not paid after Carmel Fire Department has exhausted its collection procedures, then the Corporation Counsel will be notified for a determination as to whether to pursue collection of such fees by initiating litigation or other collection efforts on behalf of the Carmel Fire Department. (5) Service fees for ambulance and emergency medical treatment runs may be deemed uncollectible and the appropriate adjustment made to the Carmel Fire Department and City financial records, upon a determination by the Corporation Counsel that: i) The person receiving such ambulance and/or emergency medical treatment services died without insurance, an estate or surviving relatives responsible for the debt; ii) The person receiving such ambulance and/or emergency medical treatment services cannot be located despite reasonable attempts to do so; iii) The person receiving such ambulance and/or emergency medical treatment services has filed for bankruptcy protection, has listed the City as a creditor regarding such services and has obtained a discharge of such debt by the bankruptcy court; or iv) The collection of the debt is otherwise not economically justified under the circumstances. (6) All service fees for the provision of ambulance and/or emergency medical treatment services by the Carmel Fire Department that are deemed to be uncollectible hereunder must be reported to the Board of Public Works and Safety on an annual basis.” Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such repeal to have prospective effect only. Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication as required by law. [Signature Page Follows] Docusign Envelope ID: 612B12B0-DF7B-40EF-BE28-1680E9970F41 Sponsors: Councilors Taylor and Snyder PASSED by the Common Council of the City of Carmel, this _____ day of _____________________, 2025, by a vote of ______ ayes and _____ nays. COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ___________________________________ Adam Aasen, President Matthew Snyder, Vice-President ___________________________________ ____________________________________ Teresa Ayers Anita Joshi ___________________________________ ____________________________________ Ryan Locke Shannon Minnaar ___________________________________ ___________________________________ Anthony Green Rich Taylor ___________________________________ Jeff Worrell ATTEST: __________________________________ Jacob Quinn, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ______ day of _________________________ 2025, at _______ __.M. ____________________________________ Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _______ day of ________________________ 2025, at _______ __.M. _________________________________ Sue Finkam, Mayor ATTEST: ___________________________________ Jacob Quinn, Clerk Prepared by: Ted Nolting Kroger Gardis & Regas LLP 111 Monument Circle, Suite 900 Indianapolis, IN 46204 Docusign Envelope ID: 612B12B0-DF7B-40EF-BE28-1680E9970F41 11:30 3rd 2nd A11:15 June 09June 3rd June A