A BILL TO BE ENTITLED
AN ACT abolishing certain geographical service area limitations on nonemergency ambulance service in order to allow better service and increased competition around the state.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 131E‑155 is amended by adding a new subdivision to read:
"§ 131E‑155.  Definitions.
As used in this Article, unless otherwise specified:
…
(15a)	Nonemergency transportation means any use of an ambulance to transport a patient for a nonemergency purpose, including moving a patient from one health care facility to another or taking a patient to a medical appointment."
SECTION 2.  Article 7 of Chapter 131E of the General Statutes is amended by adding a new section to read:
"§ 131E‑160.1.  Nonemergency transportation.
(a)	Notwithstanding any other provision of this Article, nonemergency transportation shall not be subject to defined geographical service areas. An EMS provider shall be free to provide nonemergency transportation to the public within each county and across county lines. 
(b)	Emergency medical services personnel may provide emergency medical services whenever and wherever the need may arise when providing nonemergency transportation. 
(c)	Nothing in this section shall be construed to impair the rights of any party under any valid contract relating to the provision of nonemergency transportation."
SECTION 3.  G.S. 143‑508(b) reads as rewritten:
"(b)	Except as provided by G.S. 143‑517.1, the North Carolina Medical Care Commission shall adopt, amend, and rescind rules to carry out the purpose of this Article and Articles 7 and 7A of Chapter 131E of the General Statutes regardless of other provisions of rule or law. These rules shall be adopted with the advice of the Emergency Medical Services Advisory Council. The Department of Health and Human Services shall enforce all rules adopted by the Commission. Nothing in this Chapter shall be construed to authorize the North Carolina Medical Care Commission to establish or modify the scope of practice of emergency medical personnel."
SECTION 4.  G.S. 143‑509(1) reads as rewritten:
"§ 143‑509.  Powers and duties of Secretary.
The Secretary of the Department of Health and Human Services has full responsibilities for supervision and direction of the emergency medical services program and, to that end, shall accomplish all of the following:
(1)	Except as provided by G.S. 143‑517.1, and after consulting with the Emergency Medical Services Advisory Council and with any local governments that may be involved, seek the establishment of a Statewide Emergency Medical Services System, integrated with other health care providers and networks including, but not limited to, public health, community health monitoring activities, and special needs populations.
…"
SECTION 5.  Article 56 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143‑517.1.  Nonemergency transportation; free enterprise.
(a)	Notwithstanding any provision of this Article, nonemergency transportation as defined by G.S. 131E‑155(15a) shall not be subject to defined geographical service areas. An EMS provider as defined by G.S. 131E‑155(13a) shall be free to provide nonemergency transportation to the public within each county and across county lines.
(b)	Emergency medical services personnel as defined by G.S. 131E‑155(7) may provide emergency medical services as defined by G.S. 131E‑155(6) whenever and wherever the need may arise when providing nonemergency transportation. 
(c)	Nothing in this section shall be construed to impair the rights of any party under any valid contract relating to the provision of nonemergency transportation."
SECTION 6.  This act is effective when it becomes law.