Require an EMS provider to have a physical location for its business establishment to obtain a license.
Agency Response to 4.1
DSHS supports the recommendation to require an EMS provider to have a physical location for its business establishment to obtain a license. This requirement will assist regulators and law enforcement in monitoring and investigating fraudulent and unlawful activity. (Kyle Janek, M.D., Executive Commissioner – Health and Human Services Commission and David Lakey, M.D., Commissioner – Department of State Health Services)
For 4.1
G.K. Sprinkle, Public Policy Strategist – Texas Ambulance Association, Dallas
Dudley Wait, EMS Director – City of Schertz EMS and Board Member – Texas EMS Alliance, Schertz
Steven Williams, Director – Houston Department of Health and Human Services, Houston
Against 4.1
None received.
Recommendation 4.2
Require an EMS provider to provide proof of ownership or a long–term lease agreement for all equipment necessary for safe operation of an EMS company.
Agency Response to 4.2
DSHS supports the recommendation and believes it will ensure providers have the equipment needed to administer medically necessary services and help prevent fraudulent activity. (Kyle Janek, M.D., Executive Commissioner – Health and Human Services Commission and David Lakey, M.D., Commissioner – Department of State Health Services)
For 4.2
Dudley Wait, EMS Director – City of Schertz EMS and Board Member – Texas EMS Alliance, Schertz
Steven Williams, Director – Houston Department of Health and Human Services, Houston
Against 4.2
Recommendation 4.3
Authorize DSHS to require jurisprudence examinations for all EMS licensees.
Agency Response to 4.3
DSHS supports the recommendation as it will ensure providers and personnel are aware of legal requirements relating to their license. (Kyle Janek, M.D., Executive Commissioner – Health and Human Services Commission and David Lakey, M.D., Commissioner – Department of State Health Services)
For 4.3
Dudley Wait, EMS Director – City of Schertz EMS and Board Member – Texas EMS Alliance, Schertz
Steven Williams, Director – Houston Department of Health and Human Services, Houston
Against 4.3
None received.
Modification
1. Amend Recommendation 4.3 so that the jurisprudence requirement only applies to EMS personnel, as statute already requires an EMS provider’s administrator of record of to take an education course that must include information about the laws and rules that affect EMS providers as well as continuing education courses that must include information about changes in laws and rules that affect EMS providers. (Darryl Quigley, Chief Operating Officer – Texas LifeLine and Board Member – Texas Ambulance Association, Dallas)
Recommendation 4.4
Clearly authorize DSHS to take disciplinary action against EMS providers or personnel based on findings by a governmental entity with delegated authority to conduct inspections.
Agency Response to 4.4
DSHS supports the recommendation to authorize the agency to take disciplinary action against EMS providers or personnel based upon findings by a governmental entity with delegated authority. This requirement will increase the efficient use of limited resources. (Kyle Janek, M.D., Executive Commissioner – Health and Human Services Commission and David Lakey, M.D., Commissioner – Department of State Health Services)
For 4.4
Dudley Wait, EMS Director – City of Schertz EMS and Board Member – Texas EMS Alliance, Schertz
Against 4.4
None received.
Modifications
2. Clarify which governmental entities’ investigations could lead to disciplinary actions by DSHS. (G.K. Sprinkle, Public Policy Strategist – Texas Ambulance Association, Dallas) 3. Ensure an EMS provider would still go through the full formal disciplinary process, starting
with receiving a notice from DSHS about the complaint investigation, and going through all appeals offered by the state. (G.K. Sprinkle, Public Policy Strategist – Texas Ambulance Association, Dallas)
4. Ensure that a provider would not be disciplined for a complaint submitted by another governmental entity that went beyond the state’s authority in its rules and regulations for ambulance providers. (G.K. Sprinkle, Public Policy Strategist – Texas Ambulance Association, Dallas)
5. Ensure that the only actions taken by DSHS on the basis of a governmental entity’s investigation are complaints and that the state performs all initial, renewal, and random inspections of ambulance providers. (G.K. Sprinkle, Public Policy Strategist – Texas Ambulance Association, Dallas)
Recommendation 4.5
Require DSHS to develop a formal process to refer nonjurisdictional complaints relating to EMS to appropriate organizations.
Agency Response to 4.5
DSHS supports the recommendation to develop a process to refer nonjurisdictional complaints relating to EMS to the appropriate organization. DSHS currently tracks nonjurisdictional complaints and refers them to other organizations when appropriate. (Kyle Janek, M.D., Executive Commissioner – Health and Human Services Commission and David Lakey, M.D., Commissioner – Department of State Health Services)
For 4.5
Representative Ruth Jones McClendon, Member – Texas House of Representatives G.K. Sprinkle, Public Policy Strategist – Texas Ambulance Association, Dallas.
Dudley Wait, EMS Director – City of Schertz EMS and Board Member – Texas EMS Alliance, Schertz
Steven Williams, Director – Houston Department of Health and Human Services, Houston
Against 4.5
Modifications
6. The system for tracking nonjurisdictional complaints should include the date and time as well as the locality and a reference to those authorities having proper jurisdiction. These tracking reports should be made available to the public. (Representative Ruth Jones McClendon, Member – Texas House of Representatives)
7. Clarify to which entities DSHS must refer non-jurisdictional complaints. (G.K. Sprinkle, Public Policy Strategist – Texas Ambulance Association, Dallas)
Recommendation 4.6
Require DSHS to collect, maintain, and make publicly available detailed statistical information on complaints regarding EMS licensees.
Agency Response to 4.6
DSHS supports the recommendations to collect, maintain, and make publicly available detailed statistical information on complaints regarding EMS licensees. DSHS currently collects and maintains the statistical information discussed in this recommendation, but does not report the data to the public. (Kyle Janek, M.D., Executive Commissioner – Health and Human Services Commission and David Lakey, M.D., Commissioner – Department of State Health Services)
For 4.6
G.K. Sprinkle, Public Policy Strategist – Texas Ambulance Association, Dallas.
Dudley Wait, EMS Director – City of Schertz EMS and Board Member – Texas EMS Alliance, Schertz
Steven Williams, Director – Houston Department of Health and Human Services, Houston
Against 4.6
None received.