10. Presentation, Discussion, and Possible Approval of Revisions to the Amended and Restated Franchise Agreement for Ambulance Service Following Confer Meetings with REMSA Health. (FOR POSSIBLE ACTION)
Staff Representative: Andrea Esp
Article 2.1 violates Federal Pre-emption of Service, Route and Price of an Air Carriers under the Airline Deregulation Act of 1986 (ADA) which explicitly includes air ambulance providers. The District Board of Health does not have the legal authority to limit competition for the ground leg of an air medical transport. Exclusivity language that attempts to restrict market competition, by local and state regulations, for the ground leg of an air medical transport is illegal under federal law. The DBOH does not have the legal authority to limit competition in this area.
Article 2.5 Term- The draft Franchise agreement still does not have a "term" for the agreement. It is unprecedented that an exclusive agreement would be provided to a privately contracted service without a defined term. No other restated ambulance franchise with REMSA, or anywhere else in the state, has a no term agreement been approved.
Article 2.1 violates Federal Pre-emption of Service, Route and Price of an Air Carriers under the Airline Deregulation Act of 1986 (ADA) which explicitly includes air ambulance providers. The District Board of Health does not have the legal authority to limit competition for the ground leg of an air medical transport. Exclusivity language that attempts to restrict market competition, by local and state regulations, for the ground leg of an air medical transport is illegal under federal law. The DBOH does not have the legal authority to limit competition in this area.
Article 2.5 Term- The draft Franchise agreement still does not have a "term" for the agreement. It is unprecedented that an exclusive agreement would be provided to a privately contracted service without a defined term. No other restated ambulance franchise with REMSA, or anywhere else in the state, has a no term agreement been approved.