Ordinance 31550006.050.000
WSS /gjz /srf
07/17/97
R:07/ 18 /97gjz
Ordinance #3155 was
Repealed by Ordinance #3172
ORDINANCE NO. 3155
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ESTABLISHING A PROGRAM AND
FUNDING TO ASSIST THOSE IN, NEED WITH THE
TRANSPORTATION FEE CHARGED BY MEDIC 7 WHEN
THAT CHARGE CANNOT BE ROUTINELY WAIVED DUE
TO FEDERAL LAW, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds is a participant in Medic 7, an interlocal entity,
which provides ambulance services to the citizens of the City of Edmonds as well as to other
South County communities, and
WHEREAS, Medic 7 in its discretion as it administers its emergency medical
services program, has chosen to implement a transportation fee for advanced life support
services, and
WHEREAS, as in any business operation, it is expected and anticipated that there
will be a bad debt expense which Medic 7 will incur due to its inability to collect charges when
the individual to whom services were rendered is unable to pay such charges, and
WHEREAS, the City provides annual funding of close to Four Hundred Thousand
Dollars to Medic 7 a portion of which will be incurred to supplement funding in order to pay
for the shortfall in collections due to bad debt, and
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WHEREAS, the Federal False Claims Act (FCA) 31 U.S.C. 3729 et sec prohibits
a provider of medical services from routinely waiving Medicare and Medicaid co- payments
which in this case are equal to twenty percent of the transportation fee, and
WHEREAS, the City supports the general policy of Medic 7 that those with the
ability to pay whether due to private insurance or sufficient financial resources should do so,
but, that in order to encourage all persons in need of emergency medical service to request
needed services, Medic 7 with the support of the City desires to have a general policy of
forgiveness of bad debt charges where appropriate, and
WHEREAS, due to the necessity to comply with federal law it may be necessary
to individually review the waiver of Medicare and /or Medicaid co- payment charges rather than
implementing a general policy of forgiveness, and
WHEREAS, the City Council of the City of Edmonds deems it to be in the public
interest to establish a program and funding to assist low income citizens and others with an
emergent financial need with such Medicaid and Medicare co- payment charges in order to ensure
that in emergencies no person hesitates to request emergency medical assistance, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. There is hereby established a fund No. 010 for the purpose of
providing grants in aid to low income citizens of the City of Edmonds and other citizens with
an emergent financial need who lack adequate financial resources to pay for transportation fees
levied by Medic 7 for advanced life support services. The grant monies shall be used to pay for
167840 -2-
transportation fee copayments required by any insurance held by the grant recipient, including
Medicare or Medicaid. If the grant recipient is not covered by insurance, the grant monies shall
be used to pay for the entire amount of the transportation fee. "Low income citizen" shall mean
a person who has established Edmonds as their residence and whose total disposable income
including that of his or her spouse or co -tenant does not exceed the amount specified in RCW
84.36.381(5)(b)(i) as the same exists or is hereafter amended. The terms "residence ", "total
disposable income ", "combined disposable income" and other such terms used by this ordinance
or state statute shall be given those meanings established by RCW 84.36.383 as the same exists
or is hereafter amended. In the event that any provision of the Revised Code of Washington
incorporated by reference or implication in this definition section shall be amended, such
amendment shall be deemed to be incorporated within or utilized in the interpretation of this
ordinance.
Section 2. This program shall be administered by a designee of the Mayor, who
shall be responsible for formulating the procedural rules necessary to implement this program.
In the event that any individual feels that his or her application for aid from the program has
been improperly denied or feels that he or she has an emergent financial need justifying inclusion
in the program despite a current failure to meet the income test provided, that individual may
appeal the decision of the Mayor's designee to the Administrative Services Committee of the
City Council. The decision of the Administrative Services Committee shall be final.
Section 3. In order to provide initial funding for this program, the City Council
of the City of Edmonds hereby appropriates the sum of $ _ r 000 _ on to such fund. The fund
167840 -3-
shall be replenished, from time to time, as the City Council deems appropriate in light of its
experience in the use of such fund.
Section 4. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 5. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
- O. BARBARA
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLE 07/25/97
PASSED BY THE CITY COUNCIL: 07/29/97
PUBLISHED: 08 /03/97
EFFECTIVE DATE: 08/08/97
ORDINANCE NO. 3155
167840 -4-
SUMMARY OF ORDINANCE NO. 3155
of the City of Edmonds, Washington
On the 29th day of Jul v , 199 7 , the City Council of the City of Edmonds,
passed Ordinance No. 3155 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A
PROGRAM AND FUNDING TO ASSIST THOSE IN NEED WITH THE TRANSPORTATION
FEE CHARGED BY MEDIC 7 WHEN THAT CHARGE CANNOT BE ROUTINELY
WAIVED DUE TO FEDERAL LAW, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 30th day of Jul y 199 7 .
,��- a. ex. " -
CITY CLERK, SANDRA S. CHASE
RCW 84.36.381 Residences -- Property tax exemptions -- Qualifications.
A person shall be exempt from any legal obligation to pay all or a portion of the amount of
excess and regular real property taxes due and payable in the year following the year in which a
claim is filed, and thereafter, in accordance with the following:
(1) The property taxes must have been imposed upon a residence which was occupied by
the person claiming the exemption as a principal place of residence as of the time of filing:
PROVIDED, That any person who sells, transfers, or is displaced from his or her residence may
transfer his or her exemption status to a replacement residence, but no claimant shall receive an
exemption on more than one residence in any year: PROVIDED FURTHER, That confinement
of the person to a hospital or nursing home shall not disqualify the claim of exemption if:
(a) The residence is temporarily unoccupied;
(b) The residence is occupied by a spouse and/or a person financially dependent on the
claimant for support; or
(c) The residence is rented for the purpose of paying nursing home or hospital costs;
(2) The person claiming the exemption must have owned, at the time of filing, in fee, as a
life estate, or by contract purchase, the residence on which the property taxes have been imposed
or if the person claiming the exemption lives in a cooperative housing association, corporation,
or partnership, such person must own a share therein representing the unit or portion of the
structure in which he or she resides. For purposes of this subsection, a residence owned by a
marital community or owned by cotenants shall be deemed to be owned by each spouse or
cotenant, and any lease for life shall be deemed a life estate;
(3) The person claiming the exemption must be sixty -one years of age or older on
December 31 st of the year in which the exemption claim is filed, or must have been, at the time
of filing, retired from regular gainful employment by reason of physical disability: PROVIDED,
That any surviving spouse of a person who was receiving an exemption at the time of the
person's death shall qualify if the surviving spouse is fifty -seven years of age or older and
otherwise meets the requirements of this section;
(4) The amount that the person shall be exempt from an obligation to pay shall be
calculated on the basis of combined disposable income, as defined in RCW 84.36.383. If the
person claiming the exemption was retired for two months or more of the assessment year, the
combined disposable income of such person shall be calculated by multiplying the average
monthly combined disposable income of such person during the months such person was retired
by twelve. If the income of the person claiming exemption is reduced for two or more months of
the assessment year by reason of the death of the person's spouse, or when other substantial
changes occur in disposable income that are likely to continue for an indefinite period of time,
the combined disposable income of such person shall be calculated by multiplying the average
monthly combined disposable income of such person after such occurrences by twelve. If it is
necessary to estimate income to comply with this subsection, the assessor may require
confirming documentation of such income prior to May 31 of the year following application;
(5)(a) A person who otherwise qualifies under this section and has 'a combined disposable
income of twenty -eight thousand dollars or less shall be exempt from all excess property taxes;
and
(b)(i) A person who otherwise qualifies under this section and has a combined disposable
income of eighteen thousand dollars or less but greater than fifteen thousand dollars shall be
exempt from all regular property taxes on the greater of thirty thousand dollars or thirty percent
of the valuation of his or her residence, but not to exceed fifty thousand dollars of the valuation
of his or her residence; or
(ii) A person who otherwise qualifies under this section and has a combined disposable
income of fifteen thousand dollars or less shall be exempt from all regular property taxes on the
greater of thirty-four thousand dollars or fifty percent of the valuation of his or her residence; and
Page [ 1 ] 8/20/97
(6) For a person who otherwise qualifies under this section and has a combined
disposable income of twenty -eight thousand dollars or less, the valuation of the residence shall be
the assessed value of the residence on the later of January 1, 1995, or January 1st of the
assessment year the person first qualifies under this section. If the person subsequently fails to
qualify under this section only for one year because of high income, this same valuation shall be
used upon requalification. If the person fails to qualify for more than one year in succession
because of high income or fails to qualify for any other reason, the valuation upon requalification
shall be the assessed value on January 1 st of the assessment year in which the person requalifies.
If the person transfers the exemption under this section to a different residence, the valuation of
the different residence shall be the assessed value of the different residence on January 1 st of the
assessment year in which the person transfers the exemption.
In no event may the valuation under this subsection be greater than the true and fair value
of the residence on January 1 st of the assessment year.
This subsection does not apply to subsequent improvements to the property in the year in
which the improvements are made. Subsequent improvements to the property shall be added to
the value otherwise determined under this subsection at their true and fair value in the year in
which they are made. [1996 c 146 § 1; 1995 1st sp.s. c 8 § 1; 1994 sp.s. c 8 § 1; 1993 c 178 § 1;
1992 c 187 § 1. Prior: 1991 c 213 § 3; 1991 c 203 § 1; 1987 c 301 § 1; 1983 1st ex.s. c 11 § 5;
1983 1st ex.s. c 11 § 2; 1980 c 185 § 4; 1979 ex.s. c 214 § 1; 1977 ex.s. c 268 § 1; 1975 1st ex.s.
c 291 § 14; 1974 ex.s. c 182 § 1.
Page [ 2 ] 8/20/97
RCW 84.36.383 Residences -- Definitions.
As used in RCW 84.36.381 through 84.36.389, except where the context clearly indicates a
different meaning:
(1) The term "residence" shall mean a single family dwelling unit whether such unit be
separate or part of a multiunit dwelling, including the land on which such dwelling stands not to
exceed one acre. The term shall also include a share ownership in a cooperative housing
association, corporation, or partnership if the person claiming exemption can establish that his or
her share. represents the specific unit or portion of such structure in which he or she resides. The
term shall also include a single family dwelling situated upon lands the fee of which is vested in
the United States or any instrumentality thereof including an Indian tribe or in the state of
Washington, and notwithstanding the provisions of RCW 84.04.080 and 84.04.090, such a
residence shall be deemed real property.
(2) The term "real property" shall also include a mobile home which has substantially lost
its identity as a mobile unit by virtue of its being fixed in location upon land owned or leased by
the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe,
connections with sewer, water, or other utilities: PROVIDED, That a mobile home located on
land leased by the owner of the mobile home shall be subject, for tax billing, payment, and
collection purposes, only to the personal property provisions of chapter 84.56 RCW and RCW
84.60.040.
(3) "Department" shall mean the state department of revenue.
(4) "Combined disposable income" means the disposable income of the person claiming
the exemption, plus the disposable income of his or her spouse, and the disposable income of
each cotenant occupying the residence for the assessment year, less amounts paid by the person
claiming the exemption or his or her spouse during the assessment year for:
(a) Drugs supplied by prescription of a medical practitioner authorized by the laws of this
state or another jurisdiction to issue prescriptions; and
(b) The treatment or care of either person received in the home or in a nursing home.
(5) "Disposable income" means adjusted gross income as defined in the federal internal
revenue code, as amended prior to January 1, 1989, or such subsequent date as the director may
provide by rule consistent with the purpose of this section, plus all of the following items to the
extent they are not included in or have been deducted from adjusted gross income:
(a) Capital gains, other than nonrecognized gain on the sale of a principal residence under
section 1034 of the federal internal revenue code, or gain excluded from income under section
121 of the federal internal revenue code to the extent it is reinvested in a new principal residence;
(b) Amounts deducted for loss;
(c) Amounts deducted for depreciation;
(d) Pension and annuity receipts;
(e) Military pay and benefits other than attendant -care and medical -aid payments;
(f) Veterans benefits other than attendant -care and medical -aid payments;
(g) Federal social security act and railroad retirement benefits;
(h) Dividend receipts; and
(i) Interest received on state and municipal bonds.
(6) "Cotenant" means a person who resides with the person claiming the exemption and
who has an ownership interest in the residence. [1995 1st sp.s. c 8 § 2; 1994 sp.s. c 8 § 2; 1991 c
213 § 4; 1991 c 219 § 1; 1989 c 379 § 6; 1987 c 155 § 2; 1985 c 395 § 3; 1983 1st ex.s. c 11 § 4;
1980 c 185 § 5; 1979 ex.s. c 214 § 2; 1975 1st ex.s. c 291 § 15; 1974 ex.s. c 182 § 2.]
Page [ 1 ]
Filed with City Clerk: 74.5 5 7
Adopted by Reference
Ordinance # 1155 on 9 a9
8/20/97
City Clerk
Affidavit of Publication
STATE OF WASHINGTON,
ss
COUNTY OF SNOHO1ViISH,
RECEIVED
AUG - 7 1997
EDMONDS CITY CLERK
ORDINANCE NO. 3155 .
of the City of
Edmonds, Washington'.
On the 29th . day of July,
The undersigned, being first duly sworn on oath deposes and says
1997, the City Council of _the
Cify of Edmonds passed
A
that she is Principal Clerk of THE HERALD, a daily newspaper
Ordinance No. 3155. Sum-
o inne h c °t the dac content ig o
'
printed and published in the City of Everett, County of Snohomish,
tills, provides as follows:
AN ORDINANCE OF THE
WASH-
I and State of Washington; newspaper newspaper
that said news a er 1S a news a er of
INOTON ESTABLISIIINGS
PROGR�THODE FUNDING TO
ASSIST
general circulation in said County and State; that said newspaper
TN E HREBY IO FE TRANSPORTA-
TION
has been approved as a legal newspaper by order of the Superior
MEDIC NT B THAT
CHARGE CANOE OU-
TINELY WAIVED 'DUE. TO
Court of Snohomish County and that the notice ......... ...............................
FEDERAL LAW; AND FIXING
ATIME--WHENTHESAME-
SHALL hefull BECOME f this Ordi
The full text of this Ord.=
'
Summary of Ordinance No. 3155
y
nancewill be mailed upon
........... I........ ...............:...................................... .......I....................... ..............
req st.
DueATED this 30th day of July,
1997.
SANDRA S. CHASE
CityClerk
....................................................................................................... ...............................
Published: August 3, 1997.
....................................................................................................... ...............................
a printed copy of which is hereunto attached, was published . in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
August 3, 1997
..................................................................................................... ...............................
nd h t said newspaper was r gularly distributed to its subscribers
u g all of said period, /� '
.............................
Principal Clerk
Subscribed and sworn to before me this ........... ...4th
day of ........ ugust 191x...
.. ...... ... ...... ...� -.. .. ...........................
Notary Pub Ic in and for the ate o a Washington,
residing at Everett, $nohom County.
NOTARY"'
PU 8 CNG z
5 -19.98 �0 A/
o" WASN�/
8 -2 -1