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Agenda 12/08/2015 Item #10A'12YS/2015 10.A. EXECUTIVE SUMMARY ',e":on-.miondaiior tna", "he femporairily extend tl-ie Co-unty's COPUN1 vJtl-i _moo "d Collier "PC MCA W FOSCue Asuin alt vigh 2'aruz;ry 2 i16, pnov.dc ' nne cooperative developed. OB-7F`,CTIVE- T.- extend NIS Nonles CoMer --i-re cont-rol and Rcsc-je Distr--',�ut's COP -N until -�Jirne Lhe !-�ta'lff '..can�s for 1-11.e co'u�nty ]'-"-jI',QIFD a-.,-e e t -\�J-*:h a -,he second Warr: of Count'.), Ji,i -wary 2016, CQ'N'S;WT.-7R-A--jION': Collier County and North Naples Fire Control and Rescue District VORM) 'Lgal counsel' and staff o,.-e -,v,,ork�,sng to o -,-neans f�cjr 'io Advanced III! Suppoh. xxirth i-ned,'cai responses, but at This no agreu,rnent has been adopted by ' of Co -e C t1;1' Boa rd -oniniissioncr. PI-- Theres)VI, it is Ovarmys, nuls U-; u--11TMrW!5' SuMorize �-�-.n "n"' n'sion N jj�\!j 1) -,-,-,7"1 ich expies on Decenibcr 30, 2015. Unc !rjai-d sncPu:j exond to cwTmt COPCI,, 3 anaaq- 29, 20 -,,6 ,-; )rovide -.. for bc.,ti-, s sta.. 'Cc -"" "heir oarc`.s in Closed losed door sessions to consider any nevq proposed ALSS provision agreennent. 1- - '- C", ' aff 2009, 'Nlorflh. Naples We Control and Rcscuc apD1,�:-,.,d ',.ro -,,'no ;a, recornnienned d�-nial. On Octobo- 26. 2010, M ,--.eni -v-t7as -,iaced' on rhe IRM rRenda and was voted down. This iern 'was' recorisidered and paced on jm-.�jary.25, 2�'Ul i, rC�co:-�i ni ended denial during the reconsideration based in part on the )istriei s' -,.bnd=d an application for a nor, - tnansp�,oil, C-t rti-?).ante ofT trlllC Co; ve.-- -,once and Nicesshy for Vid puTposcs of prodding Advwwed Suppert "Nori - Qxrations separate and apaj! from the County Mledicaj Director's Ynedical diroction, coo rdina6cii-;', and comrot solely to the North Naples Fire District. Such separate medical direction is contrary to the prodsions, and responsibilitics of t1he County's Medical as re,c':-"enced in 'Rorida Stat.u!Lo 401. 265. This ruhng was Wher MAY by a Finai Order issued by the Florida of licalth, -Iji. Dcp,-,,-.rr--nt of Ficalth case n-urnbcr 20', 0-0040." .�rc ,-,'idely osed amid aro gCrig-n-all by t'- ,,v,1' oi—i-note agenVR MuC. types )f can be crafted to rnset specific n,,zu's. the ✓ Counops AWW--'' anu-i 'Jhe INS Napts Fire CoW and ReKm EWct OIN',-,- ) ;isve I I its ovvr Nlk,,�ica-' Director, this ,jeon unable ',o Succ�essfiully Zoge'LI.'er. Since NNM hired Que has been resolved. I - list orically, the County has approved inter- locals for Advance Life S u pp t L (AT S) for I'Jrc L "ics. is -�pznc'ar'-� ar-, iii iFi :u.nt ;, -noent cu r"'c I -'vo .:e; ' vva!-d 7 ;'n i/ c S rc -vii s i on IC.!- 1R`i 1111' F rj Packet Page -159- 12/8/2015 10.A. FISCAL IMPACT: To be determined. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: Recommendation that the Board temporarily extend the County's COPCN with North Collier Fire Control and Rescue District through January 29, 2016, to provide time for a cooperative agreement to be developed. PREPARED BY: Commissioner. Tom Henning Attachments: A) BCC Oct 26 2010 l OH Agenda Item NNFD Packet Page -160- COLLIER COUNTY Board of County Commissioners Item Number: 10.10.A. 12/8/2015 10.A. Item Summary: Recommendation that the Board temporarily extend the County's COPCN with North Collier Fire Control and Rescue District through January 29, 2016, to provide time for a cooperative agreement to be developed. (Companion to Item 12A) (Commissioner Henning) Meeting Date: 12/8/2015 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, County Managers Office 12/1/2015 9:59:43 AM Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 12/1/2015 9:59:45 AM Approved By Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 12/1/2015 11:23:27 AM Name: KlatzkowJeff Title: County Attorney, Date: 12/1/2015 1:44:04 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 12/2/2015 10:48:24 AM Packet Page -161- 12/8/2015 10.A. Agenaa item r4o. curt October 26, 2010 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to deny North Naples Fire Control and Rescue District's Application for a Certificate of Public Convenience and Necessity for an Advanced Life Support Non - Transport Service. OBJECTIVE: To proceed in the best interest of public health, safety and welfare as it relates to Advanced Life Support (ALS). CONSIDERATION: On September 17, 2009, North Naples Fire Control and Rescue District ( "Fire District ") submitted an Application for a Certificate of Need to provide ALS Non - Transport Services ( "Application "). Staff timely conducted a thorough review of the Application, submitted correspondence for additional information that was not submitted or incomplete within the application, and met with the District's legal counsel. The Application was also placed in suspense for a period of time at the request of the Fire District and then subsequently re- activated at the request of the District's legal counsel. Staffs basis for denial is set forth in a letter to the County Manager, dated July 1, 2010 (see copy attached). Importantly, staff recommends denial of the Application based on the following: • Fire District submitted an application for a non - transport Certificate of Public Convenience and Necessity for the purposes of providing Advanced Life Support Non- Transport Operations separate and apart from the County Medical Director's medical direction, coordination, and control, solely to the North Naples Fire District. Such separate medical direction is contrary to the provisions, duties, and responsibilities of the County's Medical Director, as referenced in Florida Statute 401.265. This ruling was further clarified by a Final Order issued by the Florida Department of Health, in Department of Health case number 2010 -0040. (This order is included in the staff response and documentation which due to its size is too large for mass publication. Copies of staff response and documentation are available for examination in the office of the Board of County Commissioners.) The Application did not provide any empirical data for its particular district or the County, supporting a Certificate of Public Convenience and Necessity other than citing references to the 2007 Emergency Medical Service Master Plan document, which was developed to review and analyze County -wide level of service standards in support of the Annual Update to Inventory Reporting (AUIR). Numerous operational changes have taken place since the 2007 report. The Fire District also failed . to indicate that it would staff the necessary emergency medical response resources in a manner that would not conflict or delay a medical call if its personnel and apparatus were responding to or involved in a fire response. Packet Page -162- 12/8/2015 10.A. Agewti imm rvu. iun October 26, 2010 Page 2 of 7 FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. LEGAL CONSIDERATIONS: Ordinance No. 04 -12, Section 7 states: `The Board of County Commissioners shall not grant a certificate unless it shall find, after public hearing and based on competent evidence that each of the following standards has been satisfied: (1) The extent to which the proposed service is needed to improve the overall Emergency Medical Services (EMS) capabilities of the County. (2) The effect of the proposed service on existing services with respect to quality of service and cost of service. (3) The effect of the proposed service on the overall cost of EMS service in the County. (4) The effect of the proposed service on existing hospitals and other health care facilities. (5) The effect of the proposed service on personnel of existing services and the availability of sufficient qualified personnel in the local area to adequately staff all existing services. B. That the applicant has sufficient knowledge and experience to properly operate the proposed service. C. That, if applicable, there is an adequate revenue base for the proposed service. D. That the proposed service will have sufficient personnel and equipment to adequately cover the proposed service area." Ordinance No. 04-12, Section 8 provides: "In making the determinations provided for in Section 7 above, the Board may, in its sole discretion, appoint a Hearing Officer to hold a public hearing and to make factual findings and conclusions as a result of the hearing. Should a Hearing Officer be appointed, said Hearing Officer shall render a written report to the Board within 30 days of the hearing, which report shall contain the officer's findings and conclusions of fact, and a recommended order. The findings and conclusions of fact shall be binding upon the Board, but the recommended order shall be advisory only." Staff response and documentation for this item is too large for mass publication. Copies of staff response are available for examination in the office of the Board of County Commissioners. —JAK GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Collier County Board of County Commissioners denies North Naples Fire Control and Rescue District's Application for a Certificate of Public Packet Page -163- 12/8/2015 10.A. Ageiiva imm ivu. ivn October 26, 2010 Page 3 of 7 Convenience and Necessity for an Advanced Life Support Non - Transport Service as there is no public necessity for the service. PREPARED BY: Dan E. Summers, Director of the Bureau of Emergency Services. Packet Page -164- Cl #7er Ceo n. nty Services [AEmarandum DA7 E: Nonch Napies Fire Control a.nd Rescue District 12/8/2015 10.A. Agenua aern i,4o. lut-i OcFcber 26, 2010 —;v I -.-e 4 of 7 t" L ;A. 7T. r" ' The COPCNI filing was originaRy received in your office September 1.9, -000 and submirced by 1. The oppropriFte -h-istwher Lornta rd-,, of the North 111-lap!e.ri �vard cf Fire r f,"-Png -vps D°17 n ti-le Fev;ekfill c,�ihe nopEc-ition, Mr. Rk-.har ovancfvich becFme agert for -L"s Urq, Along the cour-Fe thc- review period Vr. '(-:ivpnoviz, re-lug ;ted th.. be p"In"Er" floe cu-rent. IT t h e .41 W C 't1 7c: C rj J0 J Y g "a, n 2. E C: rr e; many d-!32tes between ti-re A6vance Life Support and Basic Life. Support delivarY rnocAiMes preverred by On, may �E/7, 2010 Ni,,. Yovanovich notified the County of his dEsir--- to re-open our review of the COPCIq this is -E, flnanc*.a� prcv�,c;-a�, by the North N!'eples Fira and Rescue Ulstrici- was cut-ctf-.J��,'Le with the ie- by ema-7! k-vfth Mr. F,�nd r-celved +4 latest flrFnc�?,! n T GO ", 1 ' - 2- Packet Page -165 . . . . . . . 0 12/8/2015 10.A. Age$ lama ncn i �w. r V rn October 26,'2010 Page 5 of 7 Staff Review- COPCN Application North Naples Fire Control and Rescue District July 1, 2010 Page 2 information. i have deemed the application submittal complete, effective June 29, 2010 within the intent of Ordinance 2005 -16 as required. Mr. Yovanovich has been noted in writing of the application being deemed complete by my office. It should be noted that the bulk of the application submission included a copy of the 2007 EMS System Master Plan prepared by a consultant, in conjunction with discussions associated with a review of the Annual Update to Inventory Reporting (AUIR). The 2007 EMS Master Plan reviewed data and projections during the periods of 2005, 2006, and 2007 which were periods of extensive growth'within the County. Due to changes in the EMS delivery systems, national refinements in best practice, and population projections, the 2007 Master plan discounts the substance of the application as requested by North Naples Fire Control and Rescue District in its justification of the COPCN application.. Many factors highlighted by North Naples Fire Control and Rescue District in their application have been overcome by a number of changes in either delivery of services or are mute with respect to the spirit of the COPCN supporting county -wide services. They include, but are not limited to, the following: Absence of growth projections that were predicted during the time of the report. - Refinements in national standards and academic research verifying the importance of a two - tiered BLS /ALS system delivery. Implementation of the Advanced Practice Paramedic (MedCom) in one -man vehicles. Improved dispatch procedures. - Cancellation of the AILS agreements at the North Naples and East Naples Fire District. Ongoing data point analysis by the Blue Ribbon group to further refine system delivery in a two - tiered fashion. - . Collier County's extensive network of publicly and privately accessible. Automatic External Defibrillators and their associated registration ordinance. Additionally, the COPCN Ordinance in Section 7 states the following: "The Board of County Commissioners shall not grant a certificate unless it shall find, after public hearing and based on competent evidence, that each of the following standards has been met." Essentially, there are eight provisions within Section 7 of the ordinance that have, in my opinion, not been met, further discounting the award of a certificate. I have given the application a thorough review based on criteria provided in the ordinance referenced above. In summary, it is my recommendation that a Certificate of Public Convenience and Necessity should not be granted to the North Naples Fire Contro( and Rescue District, as it does not demonstrate better protection for the health, safety and welfare of the residents of Collier County as a whole in ambulance and ALS matters, by establishing uniform countywide standards, etc., as referenced in Section 1 of the Purpose statement of the ordinance. In the absence of countywide improvement alone, .a Packet Page -166- 12/8/2015�10.A. Agenaa aem i ,4o. iuh October 26, 2010 Page 6 of.7 Staff Review- COPCN Application North Naples Fire Control and Rescue District July 1, 2010 Page 3 the COPCN application, in my opinion, is not a valid application for services and threatens to increase risk in the pre - hospital care field environment with separate medical controls. The COPCN effort is designed for services within the "County' — geographically overall, and in my opinion, is not applicable for a district. limited type of service as requested by North Naples Fire Control and Rescue District. North Naples.Rre Control and Rescue District's application provided no indication that they would provide services outside of their boundaries on a routine basis as opposed to the current way in which mutual aid is provided on a case -by -case incident basis, therefore not serving the County as a whole. Denial of this COPCN application does not prohibit the county or the Medical Director from exploring other refinements to the two- tiered concept of pre - hospital care delivery involving the Fire services. Indeed the Fire Service can and does provide important services to the emergency scene. Those efforts should continue in a fashion that provides prompt BLS support in an environment of reduced risk, ensuring adequate resources for their primary mission and links in the chain of care that are consistent standards of practice, and single point medical control. I look forward to meeting with you at your earliest convenience regarding this discussion. Thank you. Attachments: North Naples, COPCN Application cc: Mr. Scott Teach, Deputy County Attorney 0) I I Packet Page -167- 12/8/2015 10.A. Age,.MQ [rll vu. iun October 26, 2010 Page 7 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 10H Item Summary: This item to be heard at 1:00 p.m. Recommendation to deny North Naples Fire Control and Rescue Districts Application for a Certificate of Public Convenience and Necessity for an Advanced Life Support Non - Transport Service. (Dan Summers, Director, Bureau of Emergency Services) Meeting Date: 10/26/2010 9:00:00 AM Prepared By Dan E. Summers Director of Emergency Services Date Bureau of Emergency Services and Emergency Bureau of Emergency Services and Management Emergency Management 10118/2010 3:14:56 PM Approved By Dan E. Summers Director of Emergency Services Date Bureau of Emergency Services and Emergency Bureau of Emergency Services and Management Emergency Management 10/18/2010 3:24 PM Approved By Jeff Page Chief - Emergency Medical Services Date Bureau of Emergency Services EMS Operations 10/18/2010 3:26 PM Approved By Sherry Pryor Management/ Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1011912010 11:26 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 10/19/2010 2:16 PM Approved By Jeff Klatzkow County Attorney Date 10/1912010 2:47 PM Packet Page -168-