ORDER NO. 28793 SHANNON AIR 1 SUBSCRIPTION PROGRAM Came to be heard this the 13th day of September 2004 with a motion made by Commissioner Nicholson, Seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to authorize the County Judge to sign a letter stating that Shannon Air 1 will provide air Service to the YO Ranch Subdivision. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Dave Nicholson OFFICE: Commissioner, Pct. 4 MEETING DATE: September 13, 2004 TIME PREFERRED: 10:30 SUBJECT: Consider and discuss permitting the Shannon Air 1 Subscription Program available for purchase in Kerr County. Authorize the County Judge to sign authorization letter. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm., Pct. 4/Ms. Terry Budow ESTIMATED LENGTH OF PRESENTATION: 15 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. To County Judge and Commissioners: Re: Shannon Air/Y.O. Ranch Subdivision Attached is the documentation provided earlier on the subject and a memo dated August 31, 2004 from Assistant City Attorney Ilse Bailey. It appears that there are no contractual barriers to "acknowledging" that the Shannon Air service will be "available for purchase" in Kerr County. Also enclosed is a copy of the article by Rosa Lavender on the subject. Dave Rod Gardner Shannon AirMed 1 P.O. Box 410 202 east Harris Avenue San Angelo, Texas 76902 Dear Mr. Gardner: 9/13/04 Kerr County, Texas acknowledges that Shannon AirMed 1 will make the Shannon AirMed 1 Subscription Program available for purchase in this county. C Signature ^- KERR COUNTY JUDGE THE CITY OF KERRVILLE, TEXAS MEMORAND UM TO: David Motley, Kerr County Attorney FROM: Ilse D. Bailey, Assistant City Attorney DATE: August 31, 2004 RE: Kerrville/Kerr County EMS Contract CC ` G~mm,sS~o~~ hs S re~`~ ~ ~c,Ht¢ a ~d';, L~• r David: During your Commissioners Court meeting on August 23, 2004, a question was raised as to whether Kerr County's contract with Kerrville EMS would prevent Ken County from permitting another emergency service (helicopter ambulance) to serve the Y.O. Ranch subdivision, in the western part of Kerr County, by contract. The Commissioners have asked me to review the contract and give you and them the City's interpretation of whether the County is prohibited from allowing this helicopter ambulance service to provide services to this subdivision. I have reviewed the existing contract and note that it does not directly address this issue. It does state that the City is an independent contractor under the agreement, with exclusive rights to supervise, manage, control and direct its own employees (see Agreement, Article VII), but it does not specify that the County is prohibited from utilizing other service providers. Note that the agreement does specify that the City has the exclusive right to provide services within the City of Ingram (Article V). Although the contract does not appear to prevent the County from allowing another emergency service to operate within the unincorporated areas of the County, I note that Kerrville EMS is still contractually obligated to respond to these calls. The County's costs under the contract might therefore be adversely impacted by any agreement that would permit another emergency service to receive payment for a service that is also provided by the Kerrville EMS, but for which we do not receive compensation. Please give me a call if we need to discuss this matter further. cc: v Kerr Count Jud e Y g Commissioners 800 JUNCTION HIGHWAY •KERRVILLE, TEXAS 78028-5069 • 830/257-8000 YO Ranchlands residents want quicker medical response oir medical helicopter service ~om San Angelo Shannon sought By Rosa Lavender West Kerr Current Landowners in the YO Ranchlands subdivision in far northwestern Kerr County want to contract for their own air medical serv- ice. A proposal for residents to pay Shannon Air Medical Services in San Angelo an annual fee of $49 to insure response of a helicopter for medical emergencies was discussed Monday by Kerr County commissioners. Homeowners association president Hany Budow and his wife, Terrie, brought the idea to the court after recent incidents. on the ranch high- lighted the extended time it takes for Kerrville EMS and Critical Air to respond to emergencies in that area. "Our issue is that on a cou- ple of occasions," Terrie Budow said, "we could not get first responders out there very quickly. It takes a long time from Kemille to get there and then if we need a helicopter it takes more time." Budow said the Kerrville EMS policy that does not allow anyone but a first responder to summon a heli- copter in an emergency has delayed needed medical care for YO Ranchland residents. "Shannon Air Medical Services will allow us to directly call an ambulance service ourselves," Budow said. "We can bypass Kerrville and call direct. Fire calls go direct to Junction already. We aze now trying to address EMS questions." Budow said the residents want a first response team from Junction and backup from Kerrville. No agree- ment has yet been signed with Junction EMS, anall- volunteer service, to respond to the medical emergencies in the YO Ranchlands. The Texas Department of Health requires that Kerr County sign-off on the plan before Shannon Air Medical Services can serve residents within this county. Shannon already serves 31 other coun- ties in West Texas with air ambulance service. Kerrville Fire Chief Raymond Holloway pointed out that Kerr County does not have an exclusive med- ical helicopter agreement with Critical Air or Air Life See Ranchlands, Page 7 from San Antonio. Critical Air has a heliw ter based ~ Sid ,;,Peterson ~`. Memorial Hospital that responds . to calls countywide if needed. "Our protocol is that a first ;responder has to .be on the scene before a° heliwpter is •; called,';',Holloway said • Air life is based with the -°Baptist .Memorial Hospital 'System in San Antonio and ' responds 'when Critical Air is not available, when the patient weighs more than the rC~'ritical ,Air helicopter can cairy:pr when there are mul- r fp`l~e .patients to be`` trans_ .;;:. 'Shannon :Air" Medical I Services,.;,~~~ab4ord~ing "` to 1 Budow,~ ehas .agreedm,~ake patients either to San Angelo c~~to San Antonio; both cities 'beX~?nal~t~uma'hospitals. Srd Peterson is not"desig- nated as a imajortrauma cen- °-ter but, according to the 1994 • contract between Kerr '"t;ouaty~~nd~ the'~ity~bf ~" Kerrville` to Provide ~ :ambu- .:lance service to county'besi- dents, all ground emergency, ambulance calls in Kerr t., Couhtyr ::.end uvitti~,~e pa4ent delivetEd'to either Sid Peterson' or ~to the Kemille VA Medical Center, , . - Holloway expressed _con_ earn that allowing Shannon to contract with Kea County residents might negatively impact the revenue into the ,Kemille EMS ,Program and set a precedent for other emergency providers to wine into the wunty. .. "Wouldthere beany liabil- ity to Kerr County?" Commissioner Bill Williams asked. ,,Pct. ~1 Gomi~-issioger Dave ron.there is no liabtiity; to the county.and:;the agreement would only aclmowledge that Shannon would be providing service to Kerr County: County Judge Pat Tinley raised s red~lag when he asked if the acknowledgment might contradict the existing .contract the county has with r the Kerrville EMS, creating a breach of contract. County Attorney, ,David • Motley toad the court that he ~ might need to review the contract to see if there is an ~ exclusivity clause. Assistant City Attorney ~ ,Ilse Bailey, who was in court i on, • .another .issue, said she ,_wrote the., current contract ,between the county and the ~ • _city back in 1994 when .she was . _ serving as assistant ~ oPunty~attorneX ,,_;:;`;`Th'e,_jc~ntract,_ I;;believe, .,deals wtfh ground service," $ailey said, "but we can pull the agreement and amend it ~ if necessary.,' • Commissioners . _, agreed ,they, wanted to know more about the Existing agreement with the city before any deci- sion is made. r' i ; "My "17iggest • concern,,' 1~olloway`' said, "i"s once you open the door and let these people come in ... what keeps them from wining into other ...areas of the county? We need to take a look at all `of the possibilities." "` "Who can provide the best service, foe these people?" Courtty -Judge Pat Tinley asked Holloway. "Is there a way we can geographically_solate the area they:can serve?" asked ;CO?nmiSSOner:=:- Bill Williams. "I don't see us as a party in this," Nicholson said. "This is an agreement between the YO --Ranchlands homeown- ers and the wntractor." ar~ey_siiggested: that she ' 'rlvlotleyy research the •' ~Snt£act. slid make a 1V1C~~Q~C ^., Dave and Neva From: Rod Gardner [RodGardner~shannonhealth.org] Sent: Thursday, August 05, 2004 2:48 PM To: HBudow@cs.com Subject: County acknowledge that Shannon Air Med 1 will make the Shannon Air Med 1 subscription Program available in the county Good afternoon!! Attached is a copy of the letter of acknowledgement that is needed to comply with Texas Departnment of Health requirements to make the AirMed 1 Subscription Program available to residents of Kerr County. I very much enjoyed our visit this past Tuesday and I look forward to working with you in the future to provide prompt air medical service to the YO landowners that have a need for it. We have marked October 9 on the calendar to come down and answer questions, etc. We will also try to bring the helicopter down as well. Thanks again for all your help!!! Rod Gardner, RN CMTE Director - AirMed 1 Confidentiality Notice: This a-mail message, including any attachments, is for the sole use of the intended recipient and may contain confidential and priviledged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact RodGardner@shannonhealth.org by reply a-mail and destroy all copies of the original message. 8/ 10/2004 1 S~ ~ sa~~ ~ ~~ t~a~~ ~~'ro ~~an~.. ~~n~r~e~~ ~. ~~o , ~ ~. ~~ ~~ . ~ . . ~ ~~ ~. ~~ i~ ~ ~~e~~~.~ eren~e ~ ~ ~~ r ~ ~ ~, ~. ., ,. ~ .~u~ ~..~_~. -~ ~ _. m When you have an employee who is ill or, ness, you limit the amount you, your immediate fain- What ~$ the bottom line? ~ :.injured and needs emergenry transportation, ily, your employees and their immediate families will N if any members covered under your pkin require it helps to have friends in high places. be charged for an AirMed lemergency helicopter 0 our setvites, we would bill their insurance (if any) ~ Shannon tirMed 1 provides 29•hour emer- transport. genry care for area hospitals in 30 Counties and accept drat payment in addition to any applica- ble deduttible or co-payment, as payment in full across West Texas. The helicopter haseven- FOt' iari ariritlll~ Ghtit'g¢ Df $39 pet If your covered member does not have insurance, slue life support equipment essential to employee, you receive these bene~tkc: providing tare far patients inlife-threatening n Covered members are charged noout-of pocket they won't receive a bill, lt's as simple as that. Thu plan toil) be eery popular o[ emergenry conditions. In other words, we expenses for AirMed 1 transports deemed med• on }rout list of empIo}~¢e b¢n¢fits! bring the emergenry room to you, ically necessary, other than applicable The Shannon AirMed t Subscription deductibles or co-payments Program for businesses is designed to bring n Coverage anywhere in our 3t} county service area ~o ~ou want to k11oW you and your employees medially necessary n Coverage for all qualified members of your coo rep ~n household (You, yourapouse and your unmarried r*, air ambulance service at a significantly Far more information about incorporating the ~ decreased cost! Even though we are children under 25 years of age Imng in your residence or enrolled in an acasdited univsasiryor licensed trade AirMed l Subscription plan into your business or to ~ required by law to collect deductibles and school.) request an appliation, call Rod Gardner, direaor of m ro-paymenri, many insurances can still leave ~ A subscription to the Airmed 1 newslener, AirMed 1, at (915) 651.5227 or (9l5) 658.1256 m thousands ofdollarsunpaid -- thousands of 7Yauma Talh ~ dollars you would not have to pay as a ~ Stickers for your window to identify you as a m member of this plan. member E The AirMe~ 1 `gym ~ °mNdit~ly oe«ssary" means Aidfed I Subs~iptiuo brnefus arc « stnrtcd ro tncdiwlly necessary" stMtes defgsd as spccifu need of aK n- ' ambulantt mnsponariou to or from a hcahhcarc laciliry (lospinl, Honing m Business Program homri ailbin AirNcd Ps pnaury Scrviu Area what use of ahcrnativc Business members save more than 20 per• forass of transponation (svhetlchair transports, privatt cat, Coal, ground (9 ambulance) waald h medially inappropriu« ~vtn tht parent's cmditioa m cent off individual rates! When you subsmbe AirMcd I reserves the right to require pbysitian «ttitaran of the medk~l IO the Ai[Med 1$ubscd t10n Plan aS a bllsl- natuity in casn otsusptcnd mem6enhip ahust, [f abuse a foundta taist, ~ P AuMed 1 reserves the righrro «rmina« nwnsberrhip. os c~ N a r~ r7 m v m r7 N O l0 h7 0 m M 3~ O 0 m 0 m v m m m N 01 C~ AirMed 1,., Yourfnend in high places ~~~~ In case of tmergenry, Shannon s Ahmed I air ambulance is available to airlift patients directly to Shannon Medscal Center ar a variety of olhet medical facilities. Providing emergenry transportation as quickly and safely as we can is what we are all about. Wherever you are in WtstTezas, Shannon tirMed ] is nearby to make the critical difference. ~- SHANNON ^~ ° "" 120 Fast Harris Avenue, $an Angelo, Texas 7G903 HEALTH SYSIEM (915) GS7.5117 t20 East Hama Avenuc, San Angelo, Te>ot 16903 915 G58.1256 657.6222 ~ 800-6404222 (outside of San Angelo)