At Fall Conference, Counties Call on Governor to Sign Critical EMS Legislation

At Fall Conference, Counties Call on Governor to Sign Critical EMS Legislation

During the annual fall meeting of the New York State Association of Counties (NYSAC), county officials adopted a resolution calling for Governor Hochul to sign legislation sponsored by Senator Hinchey and Assemblymember Kelles that would allow EMS agencies and ambulance networks to be reimbursed for treating patients at the scene of the incident and/or transporting them to non-emergency room-based care facilities for treatment and triage. This legislation has been a top priority for counties and is critical to ensuring EMS providers are financially stable and can properly operate and serve our state’s residents and visitors.

Under current law, EMS agencies are only reimbursed when transporting a patient to a hospital emergency room. This arrangement is not only financially challenging for EMS agencies, but it also contributes to patients being transported to healthcare settings when a hospital emergency room may not be the most appropriate setting to administer treatment. Additionally, hospital emergency rooms across the state are already beyond capacity, with extraordinary wait times for admission to a hospital bed and is often the most expensive care setting possible for the patient.

“This legislation is critical to providing funding for EMS agencies, preventing hospitals from unnecessarily being the first point of care for every emergency patient, and expediting treatment and care for New Yorkers who may not require admission to a hospital," said Benjamin Boykin II, Westchester County Legislator and President of the New York State Association of Counties.

 
“As the chair of NYSAC’s public safety committee, I’ve seen how EMS-related issues have become a major area of concern for counties all across the state. We are thankful to see the legislature advance this critical component of NYSAC’s “Rescue EMS Package” and it’s now time for the Governor to sign this bill into law. We simply cannot wait any longer, our EMS agencies are depending on this aid," said Matthew Veitch, vice-chair of the Saratoga County Board of Supervisors, and chair of the NYSAC public safety committee.

During the COVID pandemic, the Centers for Medicare and Medicaid Services (CMS) allowed waivers for ambulance services to be reimbursed for treatment in place and transportation to an alternative provider, but these ended in May 2023. Data from these waivers indicates that reimbursing EMS for TIP and TAP would save the federal government around $2 billion annually, and commensurate savings at the state level.

Allowing EMS practitioners to treat patients at their homes or at the scene of the incident and receive reimbursement for delivering those services enables EMS agencies to return to action immediately—rather than waiting for a hospital to admit their patient.

Many patients dial 9-1-1 to seek emergency medical treatment when they are experiencing a mental health crisis. Allowing EMS agencies to transport a patient immediately to a behavioral healthcare facility not only expedites the patient's mental health treatment but also relieves inpatient hospital mental health units from having to respond to every mental health incident.

“EMS systems across the state are in critical condition in part because of a ‘one-size-fits-none’ Medicaid requirement that only reimburses EMS providers when they transport a patient to a hospital, regardless of whether or not that is the most appropriate care,” said NYSAC Executive Director Stephen Acquario. “The legislation authored by Senator Hinchey and Assemblymember Kelles will empower EMS professionals to provide patients with the care they need at the scene or transport them to more appropriate locations like mental health clinics, substance abuse facilities, or urgent care, without being financially penalized. We are proud to support this legislation and urge Governor Hochul to sign it into law.”

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