A02789
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
759
Session of
2019
INTRODUCED BY DUSH, JOZWIAK, GREINER, BERNSTINE, IRVIN, BARRAR,
JAMES, M. K. KELLER, MILLARD, KEEFER, BURGOS, SAYLOR,
SAINATO, GOODMAN, CIRESI, TOOHIL, RADER, FARRY, PASHINSKI,
STRUZZI AND MASSER, MARCH 8, 2019
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MARCH 8, 2019
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in emergency management services,
providing for emergency response payment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 79B
EMERGENCY RESPONSE PAYMENT
Sec.
79B01. Definitions.
79B02. Reimbursement.
79B03. Procedure.
79B04. Penalty.
79B05. Cost of appeal.
79B06. Reports.
79B07. Guidelines.
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§ 79B01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Actual and reasonable response costs." An amount that is
consistent with what a reasonable person would pay in the same
or similar circumstances for the same business or for the same
or similar item. This term shall not include any costs for
labor.
"Emergency." An incident that requires responsive,
coordinated action to protect an individual, the environment,
critical infrastructure or property, and the responsive,
coordinated action is the result of an official dispatch.
"Fire company." A volunteer fire company located in this
Commonwealth.
"Incident commander." An individual responsible for all
incident-related activities as described in the National
Incident Management System.
"Insurer." A company, association or exchange defined by
section 101 of the act of May 17, 1921 (P.L.682, No.284), known
as The Insurance Company Law of 1921.
"Official dispatch." The dispatch of a fire company to an
emergency by a public safety answering point or a response to a
special call or request from an incident commander for
assistance with an emergency.
"Volunteer fire company." As defined in section 7802
(relating to definitions).
§ 79B02. Reimbursement.
(a) Expenses.-- A person involved in an emergency that
necessitates an official dispatch of a fire company shall be
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liable for the actual and reasonable response costs incurred by
the fire company for services rendered . unless the person has:
(1) paid a tax which funds at least part of the fire
company's services to the municipality in which the fire
company is located; or
(2) paid a subscription to the fire company. The fire
company shall identify the rate at which a person may be
exempt from being billed.
(b) Costs.--An insurer shall be responsible for reimbursing
a fire company for actual and reasonable response costs as
provided for under this chapter.
§ 79B03. Procedure.
(a) Billing.--A fire company may is authorized to seek
reimbursement from an insurer for actual and reasonable response
costs related to an emergency as provided for under this
section. A bill for reimbursement must clearly itemize the costs
that have been incurred as provided for under section 79B07
(relating to guidelines).
(b) Reimbursement.--A bill for actual and reasonable
response costs shall be submitted for payment by a fire company
to an insurer. Notwithstanding section 79B07, submission of a
bill to an insurer shall not relieve a person under section
79B02 (relating to reimbursement) from financial responsibility
if an insurer denies payment of the bill.
(c) Failure to pay.--A fire company that submits to an
insurer a bill for actual and reasonable response costs as
provided for under this section may file an action in a court of
competent jurisdiction to recover the amount of the actual and
reasonable response costs from a person under section 79B02 if
the insurer fails to pay the amount of the bill.
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(d) Bills from multiple fire companies.--If more than one
fire company incurs actual and reasonable response costs in a
response to an emergency, separate bills only one bill may be
submitted by the fire companies, unless if the fire companies
were requested by an incident commander or through a public
safety answering point for mutual aid purposes . If the fire
companies were requested by an incident commander or through a
public safety answering point, only a single bill may be
submitted on behalf of the fire companies.
(e) Insurance.--An insurer may not require a fire company to
contract with the insurer to receive payment under this chapter.
§ 79B04. Penalty.
A fire company filing a false request for reimbursement
commits a summary offense and, upon conviction, shall be
sentenced to pay a fine of not more than $100. A fire company
shall pay a fine of $1,000 for each subsequent offense.
§ 79B05. Cost of appeal.
Notwithstanding any other provision of law, a person who
loses an appeal relating to reimbursement of actual and
reasonable response costs shall pay all costs of the appeal.
§ 79B06. Reports.
A police report created as a result of an emergency response
under this chapter shall be released to a requesting party
within 30 days of the report's creation.
§ 79B07. Guidelines.
The Office of the State Fire Commissioner shall establish fee
guidelines reimbursement rate shall be in accordance with The
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Public Law 93-288, 88 Stat. 143) . The guidelines and shall be
published by the Pennsylvania Emergency Management Agency.
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Office of the State Fire Commissioner on its publicly accessible
Internet website.
Section 2. This act shall take effect in 180 days.
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