Township of Lumberton, NJ
Burlington County
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Table of Contents
Table of Contents
[Adopted by the Township Committee of the Township of Lumberton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency medical services third-party billing plan — See Ch. 52.
Emergency medical services third-party billing plan fees — See Ch. 53.
[Adopted 1-26-2016 by Ord. No. 2016-01[1]]
[1]
Editor's Note: This ordinance also repealed Ord. No. 2011-3-003, adopted 5-17-2011, which ordinance established emergency medical and emergency rescue services. This ordinance also stated that its tax provisions shall take effect on the first day of the first full month occurring 30 days after the date of transmittal to the State Treasurer.

§ 12A-1 Preamble.

The preamble to this article stated as follows:
WHEREAS, the Mayor and Township Committee hereby wishes to repeal the previous Ordinance 2011-3-003 in its entirety and replace it with the foregoing article outlined herein; and
WHEREAS, the Mayor and Township Committee hereby desires to fully designate and officially authorize an entity for handling of emergency medical services for the Township of Lumberton; and
WHEREAS, the Mayor and Township Committee are granted the authority to recognize and authorize an emergency medical service company within the Township of Lumberton by New Jersey State Statute; and
WHEREAS, the Township has in the past and continues to require an emergency medical service's efficiency and reliability to be consistently performed so that the emergency medical service's necessary personnel arrive at the Township's facility and responding to the place of the emergency call within the standards that are generally consistent and acceptable to the New Jersey Department of Health's Office of Emergency Medical Services; and
WHEREAS, the Township continues to require the above-mentioned standards as established by the New Jersey Department of Health's Office of Emergency Medical Services and meet those standards 90% of the time that the provider is dispatched to a medical emergency; and
WHEREAS, the Township Committee of Lumberton Township believes it is in the best interests of the health, safety and welfare of Lumberton Township residents and taxpayers, as well as those travelling through the Township of Lumberton, to insist upon the greatest degree of quality performance and efficiency from any medical service provider or rescue service provider so that the 90% standards articulated in the previous two Whereas Clauses are achieved and maintained; and
WHEREAS, the Township of Lumberton finds it to be in the best long-term interests of the citizens, residents, and taxpayers of Lumberton Township, as well as those persons entering into and/or passing through the Township, for the Township to make reliable emergency medical service functions ones for which the Township has ultimate responsibility.

§ 12A-2 Incorporation by reference.

All of the terms, provisions and statements contained within the whereas clauses that form a preface to this article are hereby repeated and incorporated herein by reference, as if set forth at length, and the terms of those whereas clauses are specifically made findings of the Township Committee of Lumberton Township.[1]
[1]
Editor's Note: See § 12A-1.

§ 12A-3 Definitions.

For purposes of this article, the following words shall have the meanings set forth hereafter:
EMERGENCY MEDICAL SERVICES
Emergency medical services provided by an entity licensed to perform such services, whether such entity is a private or public entity.
EMERGENCY MEDICAL SERVICES PROVIDER
The entity that provides emergency medical services to the residents and taxpayers of Lumberton Township or to those individuals passing through Lumberton Township. At the time of the introduction of this amendment to the Code of Lumberton Township, the Lumberton Emergency Squad, Inc., is serving in the capacity of the emergency medical service provider.
EMERGENCY SERVICE
Is defined as emergency medical services.
PROVIDER
A provider of emergency medical services as defined herein.

§ 12A-4 Emergency medical services policy.

A. 
It is the policy of Lumberton Township to establish standards for and to assist in the provision of emergency medical services to the residents, citizens and taxpayers of Lumberton Township and to those persons who are within Lumberton Township temporarily, whether for business or personal reasons or while passing through the Township.
B. 
The Township may implement this policy through any technique known to be available, including but not necessarily limited to:
(1) 
The provision of emergency medical services through agreement with one or more properly licensed medical service providers;
(2) 
Shared services or interlocal services with another municipality or municipalities, in sufficiently close proximity to provide those services pursuant to the standards set forth herein;
(3) 
Through competitive bidding;
(4) 
Municipal employees of Lumberton Township; or
(5) 
Through any other technique available to Lumberton Township for the safety and well-being of persons within the Township.
C. 
Any for-profit or not-for-profit providers of emergency medical services, other than those provided pursuant to mutual aid systems in place within Burlington County, shall enter into agreements with the Township for the provision of those services.

§ 12A-5 Third-party billing.

Whether the Township utilizes any of the four methodologies identified in § 12A-4 hereof, or if the Township utilizes a different system, the Township Committee requires a third-party billing system such as the one currently in place.[1] The purpose of such system is to assist in the funding of emergency medical services utilized within Lumberton Township. The funds collectible and/or collected through any such third-party system are determined to be funds imbued with a public trust to be utilized exclusively for the purposes identified herein and not for the benefit of any person, entity, official, officer or member of any organization, whether the Township or any other entity fitting within the definitions of § 12A-4B(1) through (4) hereof. The Township shall from time to time review the provisions of this section and make further adjustments to these provisions to effectuate the purposes identified herein. The Township shall make reasonable inquiries as set forth herein, or additional reasonable inquiries if not set forth herein, that all funds coming into the hands of the Township or any provider of emergency services are treated in the manner identified herein.
A. 
Regardless of what model the Township chooses to provide the emergency medical services defined herein [as set forth in § 12A-4B(1) through (4)] the third-party billing system must have the following attributes:
(1) 
Persons who have health insurance to cover any emergency services as defined herein who receive Lumberton Township emergency medical services are expected to cooperate with said emergency service's professional billing system to secure full payment for services rendered to the full extent that those services are covered by insurance. It is recognized by the Township that the breadth of services covered by insurance varies over time and the scope of such insured services contracts and expands. It is the purpose of this article that any service provided to any person by a Lumberton Township emergency provider shall be the subject of an appropriate billing system, including an appropriate third-party billing system, if permitted by law, and that all monies recovered by that system shall be utilized in the manner set forth herein.
(2) 
In the event a taxpayer or domiciled resident of the Township of Lumberton does not have health insurance or if his/her health insurance only pays a partial payment, full payment shall still be required as provided by federal law with relief being granted upon a hardship being presented.
(3) 
Due to the complexities of the preparation and processing of insurance claims, interest shall not be charged on Lumberton emergency services billing.
(4) 
After providing emergency services, the provider of the emergency medical service shall transmit all pertinent billing information to the professional medical billing service for collection. The professional medical billing service shall be responsible for receipt of payment and proper recordkeeping of its collections. Payments received by the professional billing service shall, thereafter, be transmitted electronically to a designated account of the provider of the emergency medical service provider or, if the provider is the Township, then to the Township of Lumberton. In the event those funds are transmitted to the Township, such funds shall be administered by the Lumberton Township Chief Financial Officer (CFO) under the direction and supervision of the Township Committee and be subject to audit in a manner similar to current auditing requirements imposed upon municipal government in the State of New Jersey. The provider of the billing services shall prepare a reconciliation report and shall self-monitor its operations, including billing activities and receipt of funds.
[1]
Editor's Note: See Chapters 52 and 53 for provision regarding the Township's third-party billing plan and fees.

§ 12A-6 Documentation to Township.

A. 
In the event the provision of emergency services is by a method set forth in § 12A-4B, the provider of the services shall provide specific documentation to the Township. This documentation shall include:
(1) 
An annual comprehensive activity report, sometimes commonly referred to as a "Chief's report," that shall provide information and data reporting the total calls received by the emergency service provider, the number of such calls responded to, the number of such calls not responded to and the number of calls responded to by other providers. The comprehensive activity report shall include average dispatch times supported by central communications reports. The said report must report all active members of the provider's organization, the number of new members actively involved since the last report, current efforts at further recruitment, the nature of recruitment goals, and all members' current training records.
(2) 
Monthly call reports, detailing the number of calls that month with corresponding times and activities are required to be submitted at the monthly Public Safety Meetings held with the Township Administrator and Township Committee Liaisons.
(3) 
A copy of all policies and procedures utilized by the emergency service provider.
(4) 
A reviewed income statement.
(5) 
A reviewed balance sheet.
B. 
The reports identified in Subsections A(4) and (5) hereof shall be prepared by an independent auditor. The purposes for which the Township requires the submission of such reports include:
(1) 
The need for the Township to understand the efficiencies within the emergency service provider's operation;
(2) 
Whether providers are meeting the standards set forth within these provisions for arrival at the provider's location (standards as established by the New Jersey Department of Health's Office of Emergency Medical Services), arrival at the location where the emergency services are to be performed (standards as established by the New Jersey Department of Health's Office of Emergency Medical Services) and the frequency with which these standards are being met. The Township's standard on such frequency is articulated hereinbefore as 90% of the time;
(3) 
To provide to the public at large the ability to know and understand the use of all funds coming into the hands of nonpublic entities that are performing public functions on behalf of Lumberton Township; and
(4) 
To generally maintain the highest integrity, transparency and professionalism in the performance of public functions.
C. 
To effectuate this, the Township requires the annual provision to the Township, no later than February 15 of each calendar year, for all documents other than the reviewed audited financial statements of the provider(s) prepared by an independent firm, which shall be handed in no later than May 15 of each calendar year.

§ 12A-7 Time for production of all annual paperwork.

All paperwork submitted pursuant to § 12A-6 hereof shall be in the hands of the Township no later than February 15 of every calendar year and for the audit of financial operations of the provider(s) prepared by an independent firm no later than May 15 of every calendar year. The reports shall cover the period of time consisting of the entire calendar year ending on December 31 immediately prior to the February 15 and May 15 deadline. Reports shall be considered as submitted in a timely fashion if they are in the hands of the Township Administrator and/or Municipal Clerk on or before February 15 at 4:00 p.m. In the event that February 15 falls on a weekend or other day that the Township is not open for business, the report shall be submitted no later than 4:00 p.m. on the next immediately following business day of the Township.

§ 12A-8 Management of emergency service providers.

The Township does not have and shall not acquire the right of management over any private emergency medical service that fits within the definition of providers herein. The Township may not cause there to be hiring, firing, discipline, or other personnel action between the provider and its employees or volunteers, the expenditure of funds in a particular manner or other management prerogative upon a private provider's operation. The Township's sole remedy for nonperformance of all requirements imposed herein upon any service provider is to terminate the contract between the Township and the provider or otherwise not renew an annual contract when the Township obtains information that the provider is not satisfying the standards or obligations set forth herein, in the sole discretion of the Township. Nothing herein shall preclude the provider of the emergency services to request the Township to assist in effectuating changes to the manner of operation of the provider if the provider believes such assistance can add to the quality of the services provided and contribute to the maintenance of the standards identified herein.

§ 12A-9 No denial of service.

All persons needing emergency services within the Township of Lumberton shall be serviced, to the extent that such services are available, without discrimination on any basis, and without respect to residency, ability to pay, or any other factor. No person located within Lumberton Township at the time that emergency medical services are needed shall be denied available service when such services are available.

§ 12A-10 No delay of service.

There shall be no delay in providing available service identified in this article due to any third-party billing, prior interaction between the person needing emergency medical services and the billing companies or the emergency service provider.

§ 12A-11 Performance standards required.

A. 
These standards have been articulated hereinbefore within the whereas provisions of this article.[1] Even though said whereas clauses were incorporated herein by reference, the Township Committee of Lumberton Township specifically determines the standards of performance for all emergency medical and emergency rescue services to be as follows.
[1]
Editor's Note: See § 12A-1.
B. 
Emergency medical service provider's personnel must arrive at the Township's Emergency Squad's facility within standards as established by the New Jersey Department of Health's Office of Emergency Medical Services of the emergency call being placed so that the emergency medical care provided to persons within the Township can be on location where the emergency service is needed within standards as established by the New Jersey Department of Health's Office of Emergency Medical Services of such emergency call being placed. These standards must be executed by the medical service provider no less frequently than 90% of the time that there is a dispatch to provide emergency medical services.

§ 12A-12 Township real and personal property.

A. 
Real property. The real property located at or adjacent to Municipal Drive, Lumberton, New Jersey, is the property of the taxpayers of Lumberton Township. During a large portion of that time, the property has been occupied by the Lumberton Emergency Squad, Inc. A condition of any future agreement between the Township and the Lumberton Emergency Squad, Inc., or any other provider of emergency medical services that will utilize the said real property, is to enter into a lease agreement for the property. The term of such lease shall be equal to the length of any contract between the Township and the emergency medical provider. The Township requires the utilization of the said real property for the provision of public services consisting of emergency medical services. In furtherance thereof, the Township shall not allow the building to be occupied by any persons or entity not providing this emergency service to the Township pursuant to this article and pursuant to a written lease.
B. 
Personal property. The Township owns ambulances and/or specialized vehicles, as well as substantial amounts of equipment as set forth in Exhibit A hereto.[1] The failure to list such further equipment that may exist or to describe with specificity items utilized currently by the Lumberton Emergency Squad, including but not limited to motor vehicles, shall not constitute a waiver of the Township's rights in said equipment and rolling stock.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
C. 
The Township shall make available all of this property to any provider of emergency medical services if such property can be utilized by such emergency service provider. The Township shall require each lease of the real property, identified hereinbefore, to contain provisions that the use of the personal property is exclusively related to the provider's fulfillment of its contract with the Township to provide the emergency services identified. In the event there is a failure to renew a contract between the Township and an emergency service provider, the said provider that had the right to enter into the real property pursuant to prior contract and/or lease agreement shall vacate the real estate within 48 hours of receiving notice from the Township that the tenant will not be reappointed and/or the contract between them will not be renewed. Such notice shall be provided in writing and delivered to the leased premises. The Township shall take all reasonable measures to ensure that all officials and officers of the current occupant of the real estate are notified that its rights to maintain possession of the property are concluded.
D. 
Upon the tenant's vacation of the premises, the emergency provider/tenant must leave all Township property and all other property acquired by it that is utilized in the performance of the emergency service(s) at the location of the real estate in the normal location where such personal property is generally kept. Upon such notice and vacation, the tenant shall also make full disclosure to the Township of all cash that it maintains on hand. In the event that the emergency service provider is not utilizing the Township's real estate in the performance of its services, it shall nevertheless surrender all nonrealty items identified herein or referred to herein. Such items shall have been made available to the emergency service provider at the time of its commencement of providing services to the Township. In the event that the emergency service provider possessed neither the Township's real property or any of its equipment, the said provider shall also provide an accounting of moneys it received and expended as a result of its provision of emergency services within Lumberton Township. This accounting will also demonstrate the extent of monies on hand and in the possession of the emergency service provider so that the Township can understand the extent of such monies derived by the provider's services within Lumberton Township. The public's ownership of the real and personal property identified herein and/or, as well, the public trust imposed upon all funds coming into the hands of the emergency service provider or its professional billing company provides to the Township the right to make a proper request for information or otherwise take formal action to protect the public's rights in such property and/or funds.
[Adopted 4-12-2016 by Ord. No. 2016-04[1]]
[1]
Editor's Note: This ordinance stated that its tax provisions shall take effect on the first day of the first full month occurring 30 days after the date of transmittal to the State Treasurer.

§ 12A-13 Preamble.

The preamble to this article stated as follows:
WHEREAS, Lumberton Township has historically utilized the Lumberton Fire Company #1, a nonprofit corporation of the State of New Jersey, for emergency fire prevention and firefighting purposes; and
WHEREAS, Lumberton Township historically provided taxpayer funds to the said Lumberton Fire Company #1 to assist in the management, operation and efficiencies of the said organization; and
WHEREAS, on April 6, 2010, the Township of Lumberton formally entered into an agreement with Lumberton Fire Company #1 to provide emergency fire prevention and firefighting services with the Township; and
WHEREAS, the Township Committee of Lumberton Township believes it is in the best interests of the health, safety and welfare of Lumberton Township residents and taxpayers, as well as those traveling through the Township of Lumberton, to insist upon the greatest degree of quality performance from any the Township's fire service; and
WHEREAS, the Township of Lumberton desires the Lumberton Fire Company #1 to be the sole provider of emergency rescue services with the Township due to the Lumberton Emergency Squad, Inc., relinquishing said duties.

§ 12A-14 Incorporation by reference.

All of the terms, provisions and statements contained within the whereas clauses that form a preface to this article are hereby repeated and incorporated herein by reference, as if set forth at length, and the terms of those whereas clauses are specifically made findings of the Township Committee of Lumberton Township.[1]
[1]
Editor's Note: See § 12A-13.

§ 12A-15 Definitions.

For purposes of this article, the following words shall have the meanings set forth hereafter.
FIRE COMPANY, FIRE SERVICE and COMPANY
The Lumberton Fire Company #1, Inc., located within the Township of Lumberton, New Jersey.

§ 12A-16 Fire and rescue services provided.

The Township hereby appoints the Lumberton Fire Company #1, Inc., as the provider of fire service, including fire prevention and firefighting, along with emergency rescue services. The appointment of the Lumberton Fire Company #1 is based upon the traditional relationship between the Company and the Township, and the excellent record of the Company, which the Township hopes to maintain in the best interests of the residents and taxpayers of the Township. The appointment of the Lumberton Fire Company #1 is subject, nevertheless, to maintenance of an appropriate agreement between the Township and the said Company. Such agreement shall be in writing and shall contain provisions requiring any firefighting and prevention services and emergency rescue services to operate, administer and report to the Township of Lumberton in the manner required by these provisions.

§ 12A-17 Emergency rescue services billing.

Lumberton Fire Company #1 shall be permitted to bill for extrication and rescue costs when such equipment is utilized by said department at the following rates for service:
A. 
Light rescue: batteries, fluid, stabilization. There shall be a fee of $350 for light rescue operations, such as stabilization, use of hand tools, hazard control and other scene-related light rescue operations.
B. 
Medium rescue: There shall be a fee of $700 for medium rescue operations including the use of power tools and hydraulic rescue tools to perform activities such as opening or removing doors to provide access to patients as well as stabilizing vehicles and performing hazardous assessments.
C. 
Heavy rescue: There shall be a fee of $1,250 for heavy rescue operations including any technical rescue procedures, including but not limited to water and ice rescue, rope rescue, confined space rescue, high-angle rescue, trench rescue or structural collapse rescue. Heavy rescue also includes other vehicle rescue where the rescue includes the use of power tools and hydraulic equipment to perform operations such as partial or full roof removal, front dash displacement, third door access and separating vehicles from one another.

§ 12A-18 Documentation to Township.

A. 
Lumberton Fire Company #1 shall provide specific documentation to the Township. This documentation shall include:
(1) 
An annual comprehensive activity report, sometimes commonly referred to as a "Chief's report," that shall provide information and data reporting the total calls received by the Lumberton Fire Company #1, the number of such calls responded to, the number of such calls not responded to and the number of calls responded to by other providers. The Chief's report shall include average dispatch times supported by central communications reports. The Chief's report must report all active members of the provider's organization, the number of new members actively involved since the last Chief's report, current efforts at further recruitment, the nature of recruitment goals, and all members' current training records.
(2) 
A copy of all policies and procedures utilized by the emergency service provider.
(3) 
A reviewed income statement.
(4) 
A reviewed balance sheet.
B. 
The reports identified in Subsections A(3) and (4) hereof shall be prepared by an independent accountant. The purposes for which the Township requires the submission of such reports include:
(1) 
The need for the Township to understand the efficiencies within the Company's operation;
(2) 
Whether the Company is meeting the standards set forth within these provisions for arrival at the fire or rescue service's location (standards as established by the New Jersey Division of Fire Safety), arrival at the location where the fire or rescue services are to be performed (standards as established by the New Jersey Division of Fire Safety) and the frequency with which these standards are being met. The Township's standard on such frequency is articulated hereinbefore as 90% of the time;
(3) 
To provide to the public at large the ability to know and understand the use of all funds coming into the hands of nonpublic entities that are performing public functions on behalf of Lumberton Township; and
(4) 
To generally maintain the highest integrity, transparency and professionalism in the performance of public functions.
C. 
To effectuate this, the Township requires the provision to the Township, no later than February 15 of each calendar year, an audit of the operations of the Company(s) prepared by an independent firm.

§ 12A-19 Time for production of all annual paperwork.

All paperwork submitted pursuant to § 12A-18 hereof shall be in the hands of the Township no later than February 15 of every calendar year. The reports shall cover the period of time consisting of the entire calendar year ending on December 31 immediately prior to the February 15 deadline. Reports shall be considered as submitted in a timely fashion if they are in the hands of the Municipal Clerk on or before February 15 at 4:00 p.m. In the event that February 15 falls on a weekend or other day that the Township is not open for business, the report shall be submitted no later than 4:00 p.m. on the next immediately following business day of the Township.

§ 12A-20 Management of emergency service providers.

The Township does not have and shall not acquire the right of management over any private fire company identified herein. The Township may not cause there to be hiring, firing, discipline, or other personnel action between the provider and its employees or volunteers, the expenditure of funds in a particular manner or other management prerogative upon a private provider's operation. The Township's sole remedy for nonperformance of all requirements imposed herein upon any service provider is to terminate the contract between the Township and the Company or otherwise not renew an annual contract when the Township obtains information that the Company is not satisfying the standards or obligations set forth herein, in the sole discretion of the Township.

§ 12A-21 Performance standards required.

The Township Committee of Lumberton Township specifically determines the standards of performance for all fire company fire eradication efforts to be as follows:
A. 
Fire Company's personnel must arrive at the Township's Fire Company #1 facility within acceptable standards of the emergency call being placed as established by the New Jersey Division of Fire Safety, so that the firefighting services provided within the Township can be on location where the service is needed within acceptable standards of the emergency call being placed as established by the New Jersey Division of Fire Safety. The time for arrival at the location where the service is needed shall be within standards as established by the New Jersey Division of Fire Safety from the time of dispatch. These standards must be executed by the Company no less frequently than 90% of the time that there is a dispatch.
B. 
Since all services performed by the Company pursuant to these provisions are public services, all equipment acquisition, whether consisting of rolling stock or otherwise, and real estate in the manner imposed upon municipal government in the State of New Jersey by complying with the provisions of the New Jersey Local Contract Law (N.J.S.A. 40A:11-1 et seq.) and the New Jersey Municipal Lands and Buildings Law (N.J.S.A. 40A:12-1 et seq.) and any other provisions of law that guarantee taxpayers, citizens and residents that the procedures of acquiring property are being utilized to guarantee the proper transparency of operations.

§ 12A-22 Township real and personal property.

A. 
Real property. The real property located at 561 Main Street, Lumberton, New Jersey, is the property of the Lumberton Fire Company #1. If in the future, the Township of Lumberton were to acquire and provide a building to house a provider of firefighting and emergency rescue services, then all those future agreements between the Township and said provider utilizing the said real property are to enter into a lease agreement for the property. The term of such lease shall be equal to the length of any contract between the Township and the firefighting and emergency rescue services provider. The Township will require the utilization of the said real property for the provision of public services consisting of either or both of firefighting or emergency rescue services.