| (V) Documentation as required for subscription or membership
program, if applicable.
(W) Certificate of Insurance, provided by the insurer,
identifying the department as the certificate holder and indicating
at least minimum motor vehicle liability coverage for each vehicle
to be operated and professional liability coverage. If applicant is
a government subdivision, submit evidence of financial responsibility
by self-insuring to the limit imposed by the tort claims provisions
of the Texas Civil Practice and Remedies Code.
(i) The applicant shall maintain motor vehicle liability
insurance as required under the Texas Transportation Code.
(ii) The applicant shall maintain professional liability
insurance coverage in the minimum amount of $500,000 per occurrence,
or as necessary per state law, with a company licensed or deemed eligible
by the Texas Department of Insurance to do business in Texas or acceptable
proof of self-insurance or captive insurance in order to secure payment
for any loss or damage resulting from any occurrence arising out of,
or caused by the care, or lack of care, of a patient.
(X) The applicant shall provide copies of vehicle titles,
vehicle lease agreements, copies of exempt registrations if applicant
is a government subdivision, or an affidavit identifying applicant
as the owner, lessee, or authorized operator for each vehicle to be
operated under the license.
(Y) The applicant shall provide documentation of the
following, showing that the applicant, including its management staff
possesses sufficient professional experience and qualifications related
to EMS:
(i) an attestation that its management staff have read
the Texas Emergency Healthcare Act and the department's EMS rules
in this chapter;
(ii) proof of one year experience or education provided
by a nationally recognized organization on emergency medical dispatch
processes;
(iii) proof of one year experience or education provided
by a nationally recognized organization concerning EMS billing processes;
(iv) proof of one year experience or education provided
by a nationally recognized organization on medical control accountability;
and
(v) proof of one year experience or education provided
by a nationally recognized organization on quality improvement processes
for EMS operations.
(Z) A copy of a letter of credit for the obtaining
or renewing of an EMS Providers license, issued by a federally insured
bank or savings institution:
(i) in the amount of $100,000 for the initial license
and for renewal of the license on the second anniversary of the date
the initial license is issued;
(ii) in the amount of $75,000 for renewal of the license
on the fourth anniversary of the date the initial license is issued;
(iii) in the amount of $50,000 for renewal of the license
on the sixth anniversary of the date the initial license is issued;
(iv) in the amount of $25,000 for renewal of the license
on the eighth anniversary of the date the initial license is issued;
(v) that shall include the names of all of the parties
involved in the transaction;
(vi) that shall include the names of the persons or
entity, who owns the EMS provider operation and to whom the bank is
issuing the letter of credit;
(vii) that shall include the name of the person or
entity, receiving the letter of credit; and
(viii) an EMS provider that is directly operated by
a governmental entity is exempt from this subsection.
(AA) A copy of the surety bond in the amount of $50,000
issued to and provided to the Health and Human Services Commission
by the applicant, participating in the medical assistance program
operated under Human Resources Code, Chapter 32, the Medicaid managed
care program operated under Government Code, Chapter 533, or the child
health plan program operated under Health and Safety Code, Chapter
62. An EMS provider that is directly operated by a governmental entity
is exempt from this subparagraph.
(BB) Documentation evidencing applicant or management
team has not been excluded from participation in the state Medicaid
program.
(CC) A copy of a governmental entity letter of approval
that shall:
(i) be from the governing body of the municipality
in which the applicant is located and is applying to provide EMS;
(ii) be from the commissioner's court of the county
in which the applicant is located and is applying to provide EMS,
if the applicant is not located in a municipality;
(iii) include the attestation that the addition of
another licensed EMS provider will not interfere with or adversely
affect the provision of EMS by the licensed EMS providers operating
in the municipality or county;
(iv) include the attestation that the addition of another
licensed EMS provider will remedy an existing provider shortage that
cannot be resolved through the use of the licensed EMS providers operating
in the municipality or county; and
(v) include the attestation that the addition of another
licensed EMS provider will not cause an oversupply of licensed EMS
providers in the municipality or county.
(8) Paragraph (7)(CC) of this subsection does not apply
to renewal of an EMS provider license or a municipality, county, emergency
services district, hospital, or EMS volunteer provider organization
in this state that applies for an EMS provider license.
(9) An EMS provider is prohibited from expanding operations
to or stationing any EMS vehicles in a municipality or county other
than the municipality or county from which the provider obtained the
letter of approval under this subsection until after the second anniversary
of the date the provider's initial license was issued, unless the
expansion or stationing occurs in connection with:
(A) a contract awarded by another municipality or county
for the provision of EMS;
(B) an emergency response made in connection with an
existing mutual aid agreement; or
(C) an activation of a statewide emergency or disaster
response by the department.
(10) Paragraph (9) of this subsection does not apply
to renewal of an EMS provider license or a municipality, county, emergency
services district, hospital, or EMS volunteer provider organization
in this state that applies for an EMS provider license.
(11) Paragraph (9) of this subsection does not apply
to fixed or rotor wing EMS providers.
(d) EMS Provider License.
(1) License.
(A) Applicants who have submitted all required documents
and who have met all the criteria for licensure will be issued a provider
license to be effective for a period of two years from the date of
issuance.
(B) Licenses shall be issued in the name of the applicant.
(C) License expiration dates may be adjusted by the
department to create licensing periods less than two years for administrative
purposes.
(D) An application for an initial license or for the
renewal of a license may be denied to a person or legal entity who
owns or who has owned any portion of an EMS provider service or who
operates/manages or who/which has operated/managed any portion of
an EMS provider service which has been sanctioned by or which has
a proposed disciplinary action/sanction pending against it by the
department or any other local, state or federal agency.
(E) The license will be issued in the form of a certificate
which shall be prominently displayed in a public area of the provider's
primary place of business.
(F) An EMS Provider License issued by the department
shall not be transferable to another person or entity.
(2) Vehicle Authorization.
(A) The department will issue an authorization for
each vehicle to be operated by the applicant which meets all criteria
for approval as defined in subsection (d) of this section.
(B) A vehicle authorization shall be issued for the
following levels of service, and a provider may operate at a higher
level of service based on appropriate staffing, equipment and medical
direction for that level. A vehicle authorization will include a level
of care designation at one of the following levels:
(i) Basic Life Support (BLS);
(ii) BLS with Advanced Life Support (ALS) capability;
(iii) BLS with Mobile Intensive Care Unit (MICU) capability;
(iv) Advanced Life Support (ALS);
(v) ALS with MICU capability;
(vi) Mobile Intensive Care Unit (MICU);
(vii) Air Medical:
(I) Rotor wing; or
Cont'd... |
