Selection of provider by political subdivision.

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  • (1)
    • (a) Only an applicant approved under Section 26-8a-405 may respond to a request for a proposal issued in accordance with Section 26-8a-405.2 or Section 26-8a-405.4 by a political subdivision.
    • (b) A response to a request for proposal is subject to the maximum rates established by the department under Section 26-8a-403.
    • (c) A political subdivision may award a contract to an applicant in response to a request for proposal:
      • (i) in accordance with Section 26-8a-405.2; and
      • (ii) subject to Subsections (2) and (3).
  • (2)
    • (a) The department shall issue a license to an applicant selected by a political subdivision under Subsection (1) unless the department finds that issuing a license to that applicant would jeopardize the health, safety, and welfare of the citizens of the geographic service area.
    • (b) A license issued under this Subsection (2):
      • (i) is for the exclusive geographic service area approved by the department in accordance with Subsection 26-8a-405.2(2);
      • (ii) is valid for four years;
      • (iii) is not subject to a request for license from another applicant under the provisions of Sections 26-8a-406 through 26-8a-409 during the four-year term, unless the applicant's license is revoked under Section 26-8a-504;
      • (iv) is subject to revocation or revision under Subsection (3)(d); and
      • (v) is subject to supervision by the department under Sections 26-8a-503 and 26-8a-504.
  • (3) Notwithstanding Subsection (2)(b), a political subdivision may terminate a contract described in Subsection (1)(c), with or without cause, if:
    • (a) the contract:
      • (i) is entered into on or after May 5, 2021; and
      • (ii) allows an applicant to provide 911 ambulance services;
    • (b) the political subdivision provides written notice to the applicant described in Subsection (3)(a)(ii) and the department:
      • (i) at least 18 months before the day on which the contract is terminated; or
      • (ii) within a period of time shorter than 18 months before the day on which the contract is terminated, if otherwise agreed to by the applicant and the department;
    • (c) the political subdivision selects another applicant to provide 911 ambulance services for the political subdivision in accordance with Section 26-8a-405.2;
    • (d) the department:
      • (i) revokes the license of the applicant described in Subsection (3)(a)(ii), or issues a new or revised license for the applicant described in Subsection (3)(a)(ii):
        • (A) in order to remove the area that is subject to the contract from the applicant's exclusive geographic service area; and
        • (B) to take effect the day on which the contract is terminated; and
      • (ii) issues a new or revised license for the applicant described in Subsection (3)(c):
        • (A) in order to allow the applicant to provide 911 ambulance services for the area described in Subsection (3)(d)(i)(A); and
        • (B) to take effect the day on which the contract is terminated; and
    • (e) the termination does not create an orphaned area.
  • (4) Except as provided in Subsection 26-8a-405.3(4)(a), the provisions of Sections 26-8a-406 through 26-8a-409 do not apply to a license issued under this section.




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