2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 1 - Utah Emergency Medical Services System › Section 155 - Selection of provider by political subdivision.

Effective 5/3/2023
Superseded 7/1/2024
26B-4-155.
Selection of provider by political subdivision.
(1)
(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