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Current as of May 05, 2022 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Utah Code Title 26. Utah Health Code § 26-8a-405.1. Selection of provider by political subdivision - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-26-utah-health-code/ut-code-sect-26-8a-405-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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