HomeMy WebLinkAbout20130588.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING APPEAL OF DECISION OF THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT DIRECTOR TO DENY THE APPLICATION OF
POUDRE VALLEY HOSPITAL (PVH) EMS FOR AN AMBULANCE SERVICE LICENSE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, pursuant to Section 7-2-140 of the Weld County Code, the Board of County
Commissioners received an appeal from Poudre Valley Hospital EMS, 2315 East Harmony Road,
Suite 200, Fort Collins, Colorado 80528, concerning the decision by the Director of the Department
of Public Health and Environment to deny the application for an Ambulance Service License, and
WHEREAS, upon consideration of such appeal, including a review of all information
submitted by Poudre Valley Hospital EMS and the Department of Public Health and Environment,
the Board deems it advisable to affirm said decision of the Health Director and deny the appeal.
NOW, THEREFORE, BE IT RESOLVED by the Board that the decision by the Director of the
Department of Public Health and Environment to deny the Application for an Ambulance Service
License be, and hereby is, affirmed.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that in the appeal of Poudre Valley Hospital EMS, be, and hereby is, denied based on the
following findings:
1) PVH EMS does not provide primary care in Weld County;
2) PVH EMS is not an initial responder in Weld County;
3) The primary base of operations was not in Weld County at the time of the Poudre
Valley Hospital EMS application on November 8, 2012;
4) PVH EMS did not have the required contracts or mutual aid agreements in place at
the time of the Poudre Valley Hospital EMS application on November 8, 2012.
2013-0588
HL0041
DENY APPEAL AND AFFIRM DECISION OF PLANNING DIRECTOR - POUDRE VALLEY
HOSPITAL EMS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of February, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD C COLORADO
ATTEST: l (AYE)
Wi liam F. Garcia, Chair
Weld County Clerk to the Board
BY:
Deputy Cle
AP
unty Attorney
Barbara Kirkmeyer
Date of signaturriNAR 12 2013
NAY
Dougla
JAYE)
Sean P. Conway
That- (AYE)
Mike Freeman i
Aki,ilutt,A._- (AYE)
2013-0588
HL0041
CHRONOLOGY FOR FEBRUARY 27, 2013, APPEAL HEARING REGARDING POUDRE
VALLEY HOSPITAL EMS (PVH EMS) AMBULANCE SERVICE LICENSE
November 8, 2012
December 21, 2012
January 21, 2013
February 6, 2013
February 13, 2013
Poudre Valley Hospital EMS submitted a License Application for an
Ambulance Service License.
WCDPHE (Dr. Mark Wallace, Director) mailed letter indicating PVH
EMS license is denied. The basis of denial was:
• PVH EMS does not have its primary base of operation located in Weld
County, as required by the definition of "ambulance service license,"
found in Section 7-1-30 of the Weld County Code, and,
• PVH EMS is not providing "primary care" in Weld County, as defined
in said Section 7-1-30, because it does not have an agreement or
contract with Weld County to do so.
PVH EMS submits an appeal of the denial of its Ambulance Service
License. PVH EMS claims they maintain a primary base of operation at
6906 10th Street, Greeley, and provides primary care within the County in
accordance with Mutual Aid Agreement with the County. PVH EMS
requests a reversal of Directors denial and granting of license.
WCDPHE submits response (position statement) to PVH EMS appeal
request. In statement WCDPHE concurs that PVH EMS has established a
primary base of operation at 6906 10th Street, Greeley. PVH EMS did not
provide any agreement or contract to provide emergency medical service
related to the license application. WCDPHE recommended the issuance
of a license with a condition limiting emergency medical service to
Mutual Aid response.
PVH EMS submits a reply to WCDPHE statement. PVH EMS disputes
WCDPHE's assertion its license is subject to amended ordinance and
indicates it is subject to the ordinance in effect at the time of application.
Asserts that PVH EMS need only meet requirement of locating primary
base of operation or provide services through an agreement. PVH EMS
requests Commissioners grant an Ambulance Service License without
limiting conditions.
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