Missouri Revised Statutes
Chapter 190 - Emergency Services
Section 190.250 - Ambulance services to have same statutory lien rights as hospitals — recovery of lien, net proceeds to be shared with patient, when — release of claimant from liability, when.

Effective - 28 Aug 2002
190.250. Ambulance services to have same statutory lien rights as hospitals — recovery of lien, net proceeds to be shared with patient, when — release of claimant from liability, when. — 1. As used in this section, the following terms mean:
(1) "Claim", a claim of a patient for:
(a) Damages from a tort-feasor; or
(b) Benefits from an insurance carrier;
(2) "Insurance carrier", any person, firm, corporation, association or aggregation of persons conducting an insurance business pursuant to chapter 375, 376, 377, 378, 379, 380, 381, or 383;
(3) "Patient", any person to whom an ambulance service delivers treatment, care, or transportation for sickness or injury caused by a tort-feasor from whom such person seeks damages or any insurance carrier which has insured such tort-feasor.
2. Ambulance services shall have the same rights granted to hospitals in sections 430.230 to 430.250.
3. If the liens of such ambulance services or hospitals exceed fifty percent of the amount due the patient, every ambulance service or hospital giving notice of its lien, as aforesaid, shall share in up to fifty percent of the net proceeds due the patient, in the proportion that each claim bears to the total amount of all other liens of ambulance services or hospitals. "Net proceeds", as used in this section, means the amount remaining after the payment of contractual attorney fees, if any, and other expenses of recovery.
4. In administering the lien of the ambulance service, the insurance carrier may pay the amount due secured by the lien of the ambulance service directly, if the claimant authorizes it and does not challenge the amount of the customary charges or that the treatment provided was for injuries caused by the tort-feasor.
5. Any ambulance service electing to receive benefits hereunder releases the claimant from further liability on the cost of the services and treatment provided to that point in time.
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(L. 2002 S.B. 1107 § 1)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 190 - Emergency Services

Section 190.001 - Citation.

Section 190.010 - Territory of district may be noncontiguous — ambulance districts authorized except in counties of 400,000 or more population — district, how named.

Section 190.015 - Petition to form, contents — ambulance district boundaries (St. Louis County) — sales tax in lieu of property tax permitted, exception St. Louis County.

Section 190.020 - Public hearing, notice — costs, how paid.

Section 190.025 - Petitions — consolidation, when — amended, how.

Section 190.030 - Sufficiency of petition, county commission to determine.

Section 190.035 - Notice of election, contents.

Section 190.040 - Form of ballot — effect of passage on tax rate — fund created — refunds, when.

Section 190.041 - Tax levy for central dispatching service, when, amount — funds kept separate.

Section 190.043 - Increase in tax rate without voter approval, when, amount.

Section 190.045 - Returns of election, where filed — effect of.

Section 190.050 - Election districts, how established — election of directors — declaration of candidacy filed, where, when.

Section 190.051 - Change in number of board members, when — ballot language.

Section 190.052 - Board member must live in his district — vacancies, how filled.

Section 190.053 - Educational training required for board of directors — failure to attend.

Section 190.055 - Powers of board — seal and bylaws required — reimbursement of board members' expenses — secretary and treasurer, additional compensation — board member attendance fees, when — ineligibility for board employment, when.

Section 190.056 - Recall of directors, procedure.

Section 190.060 - Powers of district.

Section 190.065 - Bonds, issuance of — election, form of ballot.

Section 190.070 - Annexation, petition for — hearing — election, form of ballot.

Section 190.074 - Collection of taxes — levy — procedure.

Section 190.075 - Records, what and how kept.

Section 190.080 - Donated property — title, how taken.

Section 190.085 - Failure to approve bonds, effect of — dissolution — funds, how rebated.

Section 190.087 - Ambulance district serving city in more than one county may be expanded — procedure (Franklin County).

Section 190.088 - Detachment from ambulance district, procedure (City of Riverside) — inapplicable to St. Louis County.

Section 190.090 - Consolidation of ambulance districts, procedure for — form of ballot — transition provisions for consolidation.

Section 190.091 - Vaccination program for first responders offered — definitions — participation voluntary — contingent effective date.

Section 190.092 - Defibrillators, requirements — good faith immunity from civil liability, when — all basic life support ambulances and stretcher vans to be equipped with.

Section 190.094 - Minimum ambulance staffing — volunteer defined.

Section 190.098 - Community paramedic, certification requirements — scope of practice — written agreement — rulemaking authority.

Section 190.100 - Definitions.

Section 190.101 - State advisory council on emergency medical services, members, purpose, duties — subcommittee established, duties.

Section 190.102 - Regional EMS advisory committees.

Section 190.103 - Regional EMS medical director, powers, duties — considered public official, when — online telecommunication medical direction permitted — treatment protocols for special needs patients.

Section 190.104 - Pediatric emergency medical services system.

Section 190.105 - Ambulance license required, exceptions — operation of ambulance services — sale or transfer of ownership, notice required.

Section 190.107 - Contracts for mutual aid services.

Section 190.108 - Air ambulance licenses — sale or transfer of ownership, notice required.

Section 190.109 - Ground ambulance license.

Section 190.111 - Inspection limitation — effect of sale or transfer on a license.

Section 190.120 - Insurance, what coverage required — policy provisions required — term of policy.

Section 190.131 - Certification of training entities.

Section 190.133 - Emergency medical response agency license.

Section 190.134 - Dispatch agency, requirements.

Section 190.142 - Emergency medical technician license — rules.

Section 190.143 - Temporary emergency medical technician license granted, when — limitations — expiration.

Section 190.144 - Immunity from liability, when.

Section 190.146 - Lapse of license, request to return to active status, procedure.

Section 190.147 - Behavioral health patients — temporary hold, when — memorandum of understanding, contents — physical restraints, use of.

Section 190.160 - Renewals of licenses, requirements.

Section 190.165 - Suspension or revocation of licenses, grounds for — procedure.

Section 190.171 - Aggrieved party may seek review by administrative hearing commission.

Section 190.172 - Settlement agreements permitted, when — written impact statement may be submitted to administrative hearing commission.

Section 190.173 - Confidentiality of information.

Section 190.175 - Records to be maintained by licensee.

Section 190.176 - Data collection system.

Section 190.180 - Penalty for violation.

Section 190.185 - Rules and regulations, department to adopt — procedure.

Section 190.190 - Time to comply granted existing equipment and personnel.

Section 190.196 - Employer to comply with requirements of licensure — report of charges filed against licensee, when.

Section 190.200 - Public information and education.

Section 190.205 - Insurers' duties.

Section 190.240 - At-risk behavioral health patients, notice required before transport of — training of personnel — temporary involuntary hold, patient placed on, when.

Section 190.241 - Trauma, STEMI, or stroke centers, designation by department — site reviews — grounds for suspension or revocation of designation — data submission and analysis — fees — administrative hearing commission to hear persons aggrieved by...

Section 190.242 - Emergency medical services data, hospitals not required to obtain, when — trauma, STEMI, and stroke center regulations, interpretation of, hospitals not required to comply with, when.

Section 190.243 - Transportation to trauma, STEMI, or stroke centers or hospitals, how authorized.

Section 190.245 - Medical records and quality improvement documentation, penalty for failure to provide, purpose for use, names not to be released.

Section 190.246 - Epinephrine auto-injector, possession and use limitations — definitions — use of device considered first aid — violations, penalty.

Section 190.248 - Investigations of allegations of violations, completed when — access to records.

Section 190.250 - Ambulance services to have same statutory lien rights as hospitals — recovery of lien, net proceeds to be shared with patient, when — release of claimant from liability, when.

Section 190.255 - Naloxone, first responder may administer, when — definition.

Section 190.257 - Advisory committee, time-critical diagnosis — recommendations to department — members.

Section 190.260 - Citation — definitions — training for broadcast engineers and technical personnel — credentialing — access to disaster areas.

Section 190.265 - Helipads, hospitals not required to have fencing or barriers.

Section 190.270 - Citation of law.

Section 190.275 - Definitions.

Section 190.280 - Out-of-state businesses not subject to certain state or local requirements — out-of-state employee not a resident for tax purposes — limitations.

Section 190.285 - Notification to secretary of state by out-of-state business required, when, content — information provided to department of revenue, when.

Section 190.286 - Inapplicability to certain out-of-state businesses.

Section 190.290 - Definitions.

Section 190.292 - Emergency services, sales tax levy authorized — ballot language — rate of tax — termination of tax — board to administer funds established, members (Warren County) — prepaid wireless telecommunications service, tax exempt.

Section 190.294 - Powers and duties of the emergency services board — meetings — vacancies — rulemaking authority (Warren County).

Section 190.296 - Board may borrow money and issue bonds — ballot language — duration of loans, rate of interest (Warren County).

Section 190.300 - Definitions.

Section 190.305 - Emergency telephone service may be provided — tax levy authorized — governing body of Christian and Scott counties may contract for services — time limitation on tax — rate — collection.

Section 190.306 - Dissolution of emergency telephone service not required, when (Christian County).

Section 190.307 - No civil liability for operation of emergency system, giving or following emergency instructions, exceptions.

Section 190.308 - Misuse of emergency telephone service unlawful, definitions, penalty — no local fine or penalty for pay telephones for calls to emergency telephone service.

Section 190.309 - Emergency telephone board, powers and duties — members of the board, appointment, terms — personnel — officers — rules — removal of members — vacancies — nepotism prohibited.

Section 190.310 - Tax due quarterly — return filed when, content — record retention period — rate determination, notification — collection fee allowed.

Section 190.315 - Contract for service authorized.

Section 190.320 - Election — ballot form.

Section 190.325 - Central dispatching service for emergency services (Clay, Jackson and Jefferson counties) — use of emergency telephone moneys — tax rate — contracts for service for other political subdivisions — tax collection.

Section 190.327 - Board appointed, when — board elected, when — duties — commission to relinquish duties to board — qualifications — board, powers and duties — board appointed for other political subdivisions contracting for service — limitation on s...

Section 190.328 - Election of board, Christian and Scott counties, when — terms.

Section 190.329 - Election of board, exceptions, when — terms.

Section 190.334 - Performance and fiscal audits authorized.

Section 190.335 - Central dispatch for emergency services, alternative funding by county sales tax, procedure, ballot form, rate of tax — collection, limitations — adoption of alternate tax, telephone tax to expire, when — board appointment and elect...

Section 190.336 - Recall, board members subject to — procedure.

Section 190.337 - Revenue, purpose for which shall be used — procedure to terminate tax, ballot form — reestablishing emergency service using telephone tax, procedure.

Section 190.339 - Emergency services board, powers and duties — officers — removal of board members, reasons, hearing procedure — vacancies — employment by board, limitations.

Section 190.340 - Emergency services board, officers duties, rules and regulations.

Section 190.353 - Powers and duties of department of health and senior services — establishment of regional poison information center — center to provide certain services.

Section 190.355 - Use of existing resources required.

Section 190.400 - Definitions — interoperability service agreements, what agencies.

Section 190.420 - Fund established.

Section 190.450 - Department to complete study, issue plan for provision of best 911 technology and services statewide.

Section 190.455 - Subscriber fees — election, ballot — deposit of moneys — confidentiality of proprietary information — immunity from liability, when — limitations on fees.

Section 190.460 - Prepaid wireless emergency telephone service charge — definitions — amount, how collected — deposit and use of moneys — rates, how set — effective date.

Section 190.462 - Pre-emption of taxes by declaratory ruling — definitions — effect of — expiration date.

Section 190.465 - Consolidation of emergency communications operations — joint entity established, when.

Section 190.470 - Alternate consolidation — petition, election — board appointed, requirements.

Section 190.475 - Centralized database to be maintained, updates.

Section 190.500 - Temporary license — qualified health care professions — declared emergency.

Section 190.525 - Definitions.

Section 190.528 - License required — political subdivisions not precluded from governing operation of service or enforcing ordinances — responsibilities and restrictions on operation of stretcher van services — rules.

Section 190.531 - Refusal to issue or denial of renewal of licenses permitted — complaint procedure — rules — immunity from liability, when — suspension of license, when.

Section 190.534 - Violations, penalty — attorney general to have concurrent jurisdiction.

Section 190.537 - Rulemaking authority.

Section 190.550 - Schedule of fees established, rules — collection and deposit.

Section 190.600 - Citation of act — definitions.

Section 190.603 - Outside the hospital do-not-resuscitate order may be executed, when — maintained in medical records — transfers with patient.

Section 190.606 - Immunity from liability, what persons and entities.

Section 190.609 - Order effective, when — limitations of order.

Section 190.612 - Emergency medical services personnel to comply with order, when — physician to transfer patient, when.

Section 190.615 - Death of a patient, not suicide or homicide — effect of order on life insurance — order does not authorize mercy killing or euthanasia.

Section 190.618 - Rules — rulemaking authority.

Section 190.621 - Penalty for concealing or falsifying an order.

Section 190.800 - Imposition of tax — definitions.

Section 190.803 - Formula for tax based on gross receipts — challenge of validity of rules.

Section 190.806 - Record-keeping requirements, confidentiality.

Section 190.809 - Amount due, determination — notification procedure — offset permitted, when — quarterly adjustment of tax permitted.

Section 190.812 - Determination of tax final, when — timely protest permitted.

Section 190.815 - Rulemaking authority.

Section 190.818 - Remittance of tax — fund created, use of moneys.

Section 190.821 - Tax period — failure to pay, delinquency, enforcement procedures.

Section 190.824 - Tax-exempt status of ambulance service not affected.

Section 190.827 - Payments to ambulance services, when.

Section 190.830 - Federal financial participation required.

Section 190.833 - No tax imposed prior to effective date.

Section 190.836 - Rules requirements, authority.

Section 190.839 - Expiration date.

Section 190.840 - Nonseverability clause.

Section 190.900 - REPLICA enacted — definitions.

Section 190.903 - Home state licensure.

Section 190.906 - Compact privilege to practice.

Section 190.909 - Conditions of practice in a remote state.

Section 190.912 - Relationship to emergency management assistance compact.

Section 190.915 - Veterans, service members separating from active duty military, and their spouses.

Section 190.918 - Adverse actions.

Section 190.921 - Additional powers invested in a member state's EMS authority.

Section 190.924 - Establishment of the interstate commission for EMS personnel practice.

Section 190.927 - Coordinated database.

Section 190.930 - Rulemaking.

Section 190.933 - Oversight, dispute resolution, and enforcement.

Section 190.936 - Date of implementation of the interstate commission for EMS personnel practice and associated rules, and amendment.

Section 190.939 - Construction and severability.

Section 190.1005 - CPR training or courses to include instruction on proper use of automated external defibrillators.