Attorney general brief supports lawsuit against Santa Barbara County
December 5, 2023
By KAREN VELIE
California Attorney General Rob Bonta filed an amicus brief in Santa Barbara Superior Court last month supporting the plaintiffs in a lawsuit that accuses Santa Barbara County of violating regulations when it awarded itself a contract for ambulance services.
In September, the Santa Barbara County Board of Supervisors awarded the contract for ambulance services to the County Fire Department, ending a 50-year agreement with American Medical Response (AMR) and starting a legal battle. AMR slapped back with a lawsuit that accuses the county of violating state laws.
AMR also filed for a preliminary injunction to stop the transfer of ambulance services while the court hears their case. The county had planned to take over ambulance services on March 1.
Attorneys for Santa Barbara County filed a response against the injunction arguing “the county’s ambulance system will be thrown into chaos.”
On Nov. 22, the Attorney General of California filed an amicus brief arguing that the county’s application for ambulance services potentially undermines the purposes of the Emergency Medical Services Act.
“The county, by awarding a single operating permit, may have created a de facto monopoly on ambulance services without the strict oversight and approval by EMSA that would otherwise be mandated by law to ensure that services provided are equitable and of high quality,” according to the State Attorney General’s brief. “These alleged facts, if true, would undercut the careful balancing of interests struck in the EMS Act and, in doing so, weaken the law’s patient-focused protections that ensure a statewide quality and equitable access of EMS care.”
Before the county awarded itself the contract, it bought 38 ambulances. The county plans to hire 130 people for ambulance services staffing.
State law bars counties from charging fees that generate revenues beyond the cost of providing municipal services without voter approval. However, while bidding for the contract, the County Fire Department projected it would generate approximately $8 million in revenue for the county above the cost of providing ambulance services.
Currently, AMR is restricted from making more than 8% profit on its services.
A hearing on the injunction request is scheduled for Dec. 10 in Santa Barbara County Superior Court.
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