2023-124-Order No. 2023-013 Recorded 4/14/2023Recorded in Deschutes County CJ2023-124
REVIEWED Steve Dennison, County Clerk
Commissioners' Journal 04/14/2023 4:25:36 PM
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2023-124
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCI-IUTES COUNTY, OREGON
An Order Partially Staying the Corrective Action
Previously Imposed Against the La Pine Rural * ORDER NO.2023-013
Fire Protection District in Order No. 2023-006
WHEREAS, the La Pine Rural Fire Protection District ("District") is an ambulance service franchisee of
Deschutes County and is therefore subject to Chapter 8.30 of the Deschutes County Code ("DCC 8.30") and
Appendix A to DCC 8.30, the Deschutes County Ambulance Service Area Plan ("ASA Plan");
WHEREAS, the Board of County Commissioners ("Board") received a complaint from St. Charles
Medical Group ("St. Charles") on November 16, 2020, and from St. Charles and La Pine Community Health
Clinic ("LCHC") on February 3, 2021, each of which alleged that the District had violated provisions of DCC
8.30 and/or provisions of the ASA Plan;
WHEREAS, the Board assigned the task of investigating the allegations from St. Charles and LCHC to
the Deschutes County Ambulance Service Area Advisory Committee ("Committee"), and thereafter the
Committee performed their investigation;
WHEREAS, on September 28, 2022, after completing its investigation, the Committee adopted findings,
which substantiated two of the five allegations made by St. Charles and LCHC, to wit, that the District (1)
discouraged patients from utilizing the District for emergency transports; and (2) charged fees directly to St.
Charles and LCHC pursuant to District Ordinance #2019-03 and District Policy ##02-03, rather than to patients
themselves or their insurers, and that such fees were invalid under Oregon law, and that each of these actions
violated DCC 8.30,070 and Section 8.4 of the ASA Plan;
WHEREAS, on January 4, 2023, pursuant to Order No. 2023-006, the Board ordered the District to cure
the aforesaid violations by (1) ceasing and desisting from unreasonably discouraging patients from requesting
medical transport or treatment via District resources and from unreasonably refusing to provide such transports or
treatment when requested, and (2) ceasing and desisting from charging fees to parties other than patients or their
insurers for medical transport or treatment, or from collecting such fees that have been charged to third parties by
the District, unless the District first procures an agreement from such third parties to pay fees for the medical
transport or treatment of a patient prior to providing such medical transport or treatment;
WHEREAS, the District does not dispute the Committee's first finding, has stipulated that its conduct
violated DCC 8.30 and/or the ASA Plan, and has agreed to comply with the first corrective action ordered by the
Board;
WHEREAS, as described in its letter and request for hearing dated February 3, 2023 ("Request for
Hearing"), the District disputes the Committee's second finding, specifically that the District willfully violated
ORS 478.410, DCC 8.30.070, and/or Section 8.4 of the ASA Plan by charging and attempting to collect fees from
St. Charles and LCHC rather than patients or their insurers for medical transport or treatment, and has requested
a hearing before the Board to dispute or clarify the Committee's findings and the corrective action ordered by the
Board in Order No. 2023-006;
PAGE 1 OF 2- ORDER No. 2023-013
WHEREAS, the District is currently in litigation with St. Charles and LCHC in St. Charles, Inc„ and La
Pine Community Health Center v. La Pine Rural Fire Protection District, Deschutes County Circuit Court Case
No. 21 CV28924 ("Lawsuit"), and in the Lawsuit the issue of whether the District's aforesaid conduct violated
Oregon law, including ORS 478.410, is at issue and pending before the court; and
WHEREAS, while the Board is not legally prohibited from determining whether the District's actions
violated ORS 478.410, DCC 8.30, or Section 8.4 of the ASA Plan, for prudential reasons, out of respect for the
judicial process, and with the understanding that during the pendency of the Lawsuit the District has agreed not
to pursue collection of the fees imposed against St. Charles and LCHC, the Board has chosen to defer to a
judicial determination in the Lawsuit of whether the District's actions violated relevant state law before
requiring corrective action or imposing sanctions against the District", now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Order No. 2023-006 is hereby stayed, in part. To wit, the Board's Order in Section 2, paragraph
2, which ordered the District to "cease and desist from charging fees to parties other than patients or their insurers
for medical transport or treatment, or from collecting such fees that have been charged to third parties by the
District, unless the District first procures an agreement from such third parties to pay fees for the medical transport
or treatment of a patient prior to providing such medical transport or treatment, " is hereby stayed pending a ruling
from the court in the Lawsuit on the issue of whether the District's conduct violated ORS 478.410.
Section 2. All remaining provisions of Order No. 2023-006 remain in full force and effect.
Section 3. Upon receipt of notice that the parties have resolved the Lawsuit without a determination from
the court on the issue of whether the District's conduct violated ORS 478,410 or other Oregon law, the stay ordered
herein will immediately be revoked and the Board will proceed to schedule a hearing on the issues presented by
the District in its Request for Hearing as soon as practicable after receipt of such notice.
Section 4. This Order is effective upon signing.
Dated this I 0-1-� of April 2023.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
PATTI ADAIR, Vice Chair
PHIL CHANG, Commissioner
PAGE 2 OF 2- ORDER NO.2023-013
vT E S (-pG�..�
BOARD OF
I COMMISSIONERS
MEETING DATE: April 12, 2023
SUBJECT: An Order Partially Staying the Corrective Action Previously Imposed Against the
La Pine Rural Fire Protection District in Order No. 2023-006
RECOMMENDED MOTION:
Move approval of Order No. 2023-013, Partially Staying the Corrective Action Previously
Imposed Against the La Pine Rural Fire Protection District in Order No. 2023-006.
BACKGROUND AND POLICY IMPLICATIONS:
On January 4, 2023 in Order No. 2023-006, the Board ordered the La Pine Rural Fire
Protection District to cure violations of DCC 8.30.070 and Section 8.4 of the County ASA Plan
found after investigation by the ASA Advisory Committee, namely that the District (1)
discouraged patients from utilizing the District for emergency transports; and (2) charged
fees directly to St. Charles and LCHC pursuant to District Ordinance #2019-03 and District
Policy #02-03, rather than to patients themselves or their insurers, and that such fees were
invalid under Oregon law. Since the District currently is in litigation with St. Charles and La
Pine Community Health Clinic, and the issue of whether the District's aforesaid conduct
violated Oregon law, including ORS 478.410, staff recommends staying Order 2023-006,
Section 2, paragraph 2, regarding the fee portion, until notification is received that the Court
has made a determination on this issue in the pending litigation.
BUDGET IMPACTS:
None
ATTENDANCE:
Chris Bell, Legal
Tom Kuhn, ASA Plan Administrator