Chapter 08. Ambulance Restocking Plan
Regulation .01 Purpose.LinkCopy Citation
This chapter is intended to make available to hospitals and other receiving facilities that replenish drugs and medical supplies used by ambulance providers or first responders, when transporting patients to the hospitals or receiving facilities, an EMS agency plan that fulfills the requirements of 42 CFR §1001.952(v)(3)(i)(B)(1)(ii) of the safe harbor regulations promulgated by the United States Department of Health and Human Services to protect such an arrangement from the anti-kickback provisions of the Social Security Act, 42 U.S.C. §1320a-7b(b)(1)(A).
Regulation .02 Scope.LinkCopy Citation
This chapter does not apply to the restocking of ambulances that only provide nonemergency services or to the general stocking of an ambulance provider's inventory.
Regulation .03 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Ambulance provider” means the person who owns or operates an ambulance.
(2)
“Ambulance transport” means a transport by ambulance, together with attendant medical services, medical supplies, drugs, and linens provided by the ambulance provider.
(3)
“Emergency ambulance” means an ambulance used to provide emergency ambulance transport an average of three times per week, as measured over a reasonable period of time.
(4)
“Emergency ambulance transport” means an ambulance transport initiated by an emergency call or a call from another acute care facility unable to provide the higher level care required by the patient and available at the receiving facility.
(5)
“Emergency call” means a call placed through 9-1-1 or some other emergency access number.
(6)
“EMS provider” means an individual licensed or certified by the Maryland State EMS Board under Education Article, §13-516, Annotated Code of Maryland.
(7)
“Receiving facility” means a hospital or other facility that provides emergency medical services.
(8)
“Restock” means the replenishment of drugs, medical supplies, and linens used for a patient prior to delivery of the patient to the hospital and other receiving facility on a one to one basis without charge to an ambulance provider.
Regulation .04 Duties of Hospital and Receiving Facility.LinkCopy Citation
A hospital and other receiving facility that elects to restock ambulances under this chapter shall restock emergency ambulances owned or operated by not-for-profit and State or local government ambulance providers, including, but not limited to, municipal and volunteer ambulance providers, that bring a patient to the hospital and other receiving facility, if one and only one of the following billing conditions applies:
A.
The ambulance provider does not bill any insurer or patient for the items restocked; or
B.
The hospital and other receiving facility do not bill any insurer or patient for the items restocked.
Regulation .05 Drugs, Medical Supplies, and Linens—User.LinkCopy Citation
Drugs, medical supplies, and linens initially used by an EMS provider that responds to an emergency call and treats the patient, but does not transport the patient to the hospital and other receiving facility, which are replenished at the scene of the illness or injury by an ambulance provider that transports the patient to the hospital and other receiving facility shall be deemed to have been used by the ambulance provider.
Regulation .06 Restocking.LinkCopy Citation
Restocking shall include the following drugs, medical supplies, and linens used in the course of an ambulance transport restocked under this chapter:
A.
Drugs listed in the ALS and BLS pharmacology sections of the Maryland Medical Protocols for Emergency Medical Services Providers incorporated by reference under COMAR 30.01.02.01;
B.
Consumable medical supplies ordinarily carried on an ALS or BLS ambulance in accordance with the Maryland Medical Protocols for Emergency Medical Services Providers incorporated by reference under COMAR 30.01.02.01; and
C.
Linens, including sheets, pillow cases, and blankets.
Regulation .07 Documentation of Restocking.LinkCopy Citation
Restocked drugs, medical supplies, and linens shall be documented by recordation on the narrative portion of the Maryland Ambulance Information Runsheet which shall be maintained by the ambulance provider for at least 5 years. A copy of the runsheet shall be supplied to the hospital or other receiving facility as part of the patient's medical record.
Regulation .08 Compliance with Federal Requirements.LinkCopy Citation
All participants under this chapter that bill federal health care programs for restocked medical supplies, drugs, or linens shall comply with all applicable federal program billing and claims filing rules and regulations.
Chapter annotations
Authority: Education Article, §§13-509, 13-510, 13-515, and 13-516, Annotated Code of Maryland
History: Effective date: March 31, 2003 (30:6 Md. R. 423)