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- 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ronna L. Fickbohm Fletcher Struse Fickbohm & Marvel PLC 6750 N. Oracle Road Tucson, Arizona 85704 Telephone: (520) 575-5555 [email protected] Attorneys for Intervenor, River Medical, Inc. BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS In the Matter of: GOLDEN VALLEY FIRE DISTRICT Applicant. ) ) ) ) ) ) ) ) ) ) ) Docket No. 2014A-EMS-0127-DHS (EMS No. 3820) INTERVENOR RIVER MEDICAL, INC.’S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW (Administrative Law Judge: Tammy Eigenheer) River Medical, Inc. (ARiver Medical @ or “RMI”), Intervenor herein, submits its proposed findings of fact, conclusions of law and decision as follows: HEARING: October 27, 2014 through October 31, 2014; November 3, 2014 through November 5, 2014. APPEARANCES: River Medical appeared through attorney Ronna Fickbohm. The Arizona Department of Health Services (“ADHS”), Bureau of Emergency Medical Services & Trauma System appeared through Assistant Attorneys General Laura Flores and Patricia LaMagna. Applicant, the Golden Valley Fire District (“GVFD”) appeared through attorneys James Belanger, Scott Bennett and Kathy Steadman. ADMINISTRATIVE LAW JUDGE: Tammy Eigenheer _______________________

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Page 1: Ronna L. Fickbohm€¦ · - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . Ronna L. Fickbohm . Fletcher Struse Fickbohm & Marvel PLC. 6750 N. Oracle

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Ronna L. Fickbohm Fletcher Struse Fickbohm & Marvel PLC 6750 N. Oracle Road Tucson, Arizona 85704 Telephone: (520) 575-5555 [email protected] Attorneys for Intervenor, River Medical, Inc.

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

GOLDEN VALLEY FIRE DISTRICT Applicant.

) ) ) ) ) ) ) ) ) ) )

Docket No. 2014A-EMS-0127-DHS (EMS No. 3820) INTERVENOR RIVER MEDICAL, INC.’S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW (Administrative Law Judge: Tammy Eigenheer)

River Medical, Inc. (ARiver Medical@ or “RMI”), Intervenor herein, submits its

proposed findings of fact, conclusions of law and decision as follows:

HEARING: October 27, 2014 through October 31, 2014; November 3, 2014 through

November 5, 2014.

APPEARANCES: River Medical appeared through attorney Ronna Fickbohm. The

Arizona Department of Health Services (“ADHS”), Bureau of Emergency Medical

Services & Trauma System appeared through Assistant Attorneys General Laura Flores

and Patricia LaMagna. Applicant, the Golden Valley Fire District (“GVFD”) appeared

through attorneys James Belanger, Scott Bennett and Kathy Steadman.

ADMINISTRATIVE LAW JUDGE: Tammy Eigenheer

_______________________

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Evidence and testimony having been presented at the hearing in this matter and

considered by the Administrative Law Judge; all interested parties having been given a

full opportunity to present their positions, evidence and proposed findings/conclusions;

and based upon the entire record, River Medical submits that the following Findings of

Fact and Conclusions of Law, and Recommended Decision should be entered:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Background Information

1. On or about November 8, 2012, GVFD submitted its Application for

Certificate of Necessity (“CON”), under which GVFD requested authority to provide

immediate emergency (911) ground ambulance transportation services, both Advance

Life Support (“ALS”) and Basic Life Support (“BLS”), twenty-four hours a day, seven

days a week. The Application did not include inter-facility or convalescent transport

services (referred to collectively, hereafter, as “IFT”).

2. The proposed service area is already included within the larger service

area covered by River Medical’s CON No. 94, under which River Medical provides

immediate (911) and IFT transport services 24 hours a day, 7 days a week.

3. River Medical is a wholly owned subsidiary of American Medical

Response, Inc. (“AMR”).

4. AMR is a national medical transport company operated under and wholly

owned by its parent corporation, Envision Healthcare Corp. (AEVHC@).

5. AMR also owns Life Line Ambulance Service, Inc. the holder of CON

No. 62 (operated out of Prescott, Arizona).

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6. ADHS, through the Bureau of Emergency Medical Services & Trauma

System (ABEMSTS@ or “Bureau”), regulates ambulance services in Arizona.

7. ADHS issued a September 24, 2014 Notice of Hearing and Appointment

of Administrative Law Judge.

8. There, ADHS defined six issues for hearing, which issues are fully set

forth infra, p. 120, ¶47.

9. Pursuant to A.R.S. '36-2234, ADHS provided the required notice to other

ambulance services, or other interested parties, in the affected area.

10. On November 14, 2014, River Medical’s Motion to Intervene was granted.

11. No other person or entity sought permission to intervene or otherwise

participate in these proceedings.

12. During the hearing, no requests were made for permission to provide

public comments regarding the Application.

Exhibits

13. By stipulation and during the course of the hearing, the following exhibits

were admitted:

A. ADHS/BEMSTS:

Ex. 1, 3-21.

B. GVFD:

Ex. 1-18, 20-21, 23, 28, 29, 32, 35-38, 63-73, 76-77, 83, 87, 88, 94, 105-

108, 110, 117-119, 123, 124, 141, 147, 149-151, 153-156, 159, 163-165, 174,

176 and 177.

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C. River Medical:

Ex. 1, 2A&B, 3A, 7A&B, 8A-F, 13, 14B,F,H&I, 16A&D, 18A&B, 19, 23, 27,

32A-D, 33A, 34C-E, 35A, 38A, 39, 41A-C, and 43A-C.

Witnesses (Listed in order of presentation)

14. Paul Hewitt (first witness, 10/27/14, beginning at 00:20:00)1, GVFD’s

former Fire Chief). The following facts were established:

A. After twenty years with the Salt Lake Fire Department, Hewitt

spent one year as GVFD’s Fire Chief (between February 2010 and January

2011), before heading back to Utah (Park City), where he has been ever since

(GVFD Ex. 105 – Résumé, pp. 2-5).

B. Hewitt maintains a current paramedic certification. Id., p. 9.

C. His testimony specifically did not include any information regarding

GVFD or River Medical’s ambulance transport services subsequent to his

departure January 2011. He did not provide any facts relevant to the issues of

whether GVFD is currently “fit & proper” to operate an ambulance transport

service (from a clinical, operational, integrity or fiscal perspective), or relevant to

the issue of whether public necessity currently supports the addition of a second

ambulance transportation service provider to the area. He acknowledged he

cannot speak to GVFD’s proposed business model, financial model or anything

specifically related to GVFD or River Medical subsequent to his departure four

years prior. Id., 1:59:50; see also, id., 2:00:42 and 2:01:25.

1 Citations to the audio record will be given for each witness’ testimony by day and a.m. or p.m., and will include the hour:minute:second where the testimony begins and where the subsequently referenced testimony segments each begin.

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D. Hewitt’s twenty years with the Salt Lake City Fire Department did

not include any management or supervisory (or even EMT/paramedic)

experience in the ambulance transport service area (GVFD Ex. 105, pp. 3-5).

See also, 10/27/14 a.m., beginning at 1:10:13.

E. While promoting his personal opinion regarding a fire based

ambulance service being superior to a private entity run service, on cross-

examination, Hewitt acknowledge the model currently existing in the GVFD

area, that of having a public entity be the first responder to medical emergencies

and a private company then doing the ambulance transport, is common in

Arizona, Utah and nationwide. Id., 1:53:37.

F. While initially proposing the GVFD are is “unique,” Hewitt

eventually admitted he was unable to compare it to any other rural Arizona

community. Id., 1:28:00. He also acknowledged that the percentage of medical

responses done by GVFD cannot be called “unique” as compared to other rural

areas. Id., 1:31:34.

G. Hewitt agreed the location of an ambulance available to respond to

a call for transport service in GVFD could be outside of the fire district, for

example, adjacent to the freeway. Id., 1:46:12; see also, id., 1:45:12.

H. Hewitt also agreed what is most important in any ambulance

transport is the clinical care provided. Id., 1:558.

15. Marcus Osborn, Ph.D. (second witness 10/27/14 a.m., beginning at

2:18:15; first witness 10/27/14 p.m., beginning at 00:00:12):

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A. Osborn has mainly worked as a lobbyist (GVFD Ex. 65 – Résumé).

See also, 10/27/14 p.m., beginning at 00:08:30.

B. When he started his GVFD work, he had no training, knowledge or

experience in the critical medical issues involved in ambulance transportation

services. Id., 00:20:50. He also had no background in local or national

standards relating to ambulance services. Id., 00:21:11. His expert witness

consulting had historically been limited to the areas of elections and campaign

finance (GVFD Ex. 65, p. 3).

C. Osborn’s primary research interests have not included emergency

medical services (“EMS”), or ADHS’ regulation of such services. Id., p. 4. Other

than the GVFD proceeding, his Résumé indicates no expertise or experience

whatsoever in the areas of CONs or EMS. Id.; see also, 10/27/14 p.m.,

beginning at 00:22:59

D. On cross-examination, Osborn admitted the GVFD “Needs

Assessment” was his first project with regard to provision of EMS. Id., 00:15:15.

E. Osborn concluded “need” for the GVFD proposed service existed

because GVFD does not have a sense of itself except through the fire district,

GVFD is the anchor of the community, and there is a sense in the community

that they do not matter other than to GVFD. Secondarily, he referenced the

large size and scope of River Medical’s CON service area, and his perception

that there is a “need” for there to be a focus on GVFD’s unique and complex

needs. However, he did not detail what these supposed “unique and complex”

needs are. Id., 2:23:50.

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F. When questioned regarding “continuity of care,” Osborn simply

identified the Fire Chief’s goals, as opposed to any facts he independently

confirmed. Id., 00:00:30.

G. Osborn’s “Community Needs Assessment,” which GVFD’s

Application’s statement of public necessity is based upon (GVFD Ex. 1,

beginning at p. 123), was done in much the same way one would expect a

political survey to be done: it was designed to measure the local community’s

feelings and perceptions, as opposed to measuring concrete facts about existing

ambulance transport services. For example, while referencing a supposed

increased “risk of motor vehicle accidents” in the area, no statistics or

information was provided to demonstrate that this particular rural area has a

greater risk than any other rural area in Arizona. Id., pp. 128-129. In discussing

his research methodology, Osborn indicated that “Golden Valley Fire District

defines unmet needs in-part as the difference between the level of service

currently being provided and the needs as expressed by the population of

Golden Valley.” Id., p. 129. However, other than the attitudes and desires of

the GVFD community, no other “expressions” of the local population were

provided. For example, no statements of incidents where River Medical was

unable to respond to a call for ambulance transport services in a timely and

appropriate manner were included. GVFD Ex. 1, beginning at p. 123. Also, the

standard applied was based upon GVFD’s leadership’s belief “that the

community of Golden Valley is best served when there are three operationally

available ambulances in the District but at a minimum there should be at least

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two ambulances stationed and available in the District.” Id., p. 129. However,

the Assessment contains no facts demonstrating that reasonable and

appropriate ambulance transport responses cannot be accomplished with

ambulances that move in and out of the GVFD area, for example, a unit

stationed on the far west side of Kingman. Osborn simply adopted, with no

confirmation or analysis, GVFD’s “belief.” Id. He also accepted GVFD’s

definition of “under-deployment” as being “a condition where there were either

no ambulances or only one ambulance without an operational Golden Valley in-

District backup.” Id., pp. 129-130. He identified no facts to demonstrate this

would in fact be an under-deployment, including no facts showing River Medical

had been unable to provide reasonable and appropriate ambulance transport

responses on the rare incidents where it had no ambulances or only one

ambulance located within fire district boundaries. Id.

H. Osborn also relied upon data collected by a GVFD employee

known as Nicole Guerrero. Id., p. 130. However, Ms. Guerrero was not called

to testify, was established by GVFD’s Chief himself as an unreliable employee

whose errors had caused the fire district to have tax problems (see infra., p 52,

¶29DD) and was proven to have made many errors and false assumptions in

collecting her data (for example, see infra., p. 107, at ¶¶34O and P).

I. To assess River Medical’s response times, Osborn’s Needs

Assessment compared GVFD’s actual (first responder) response times to the

River Medical CON required minimums. No attempt was made to compare

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actual GVFD first responder response times to actual River Medical ambulance

transport response times. GVFD Ex. 1, p. 131.

J. The citizen survey Osborn utilized “was designed to assess

resident attitudes about the quality of the emergency response services

provided in the Golden Valley area and to assess the preferences for the

emergency response services.” Id., p. 132. No survey questions asked whether

the participant had experienced a delay in an ambulance transport response or

other such “substandard service” issues. Id., pp. 134-135.

K. The “Assessment” was also based upon letters from the business

community, none of which referenced any delayed response or other

substandard service issues, and all of which appear to have been based upon

the same form letter. Id., p. 135 and pp. 288-298

L. Osborn stated that the “relative opinions of Residents are

important factors in determining community need and the data suggests that

moving ambulance service to the Golden Valley Fire District has merit because

of the superior performance of the Golden Valley Fire District in terms of

customer opinions.” Id., pp. 137-138.

M. While Osborn’s discussion of the business community’s input and

support referenced certain concerns about River Medical, for example, training

and “hand-offs,” this also was opinion or “sentiment” based, as opposed to

referencing any specific facts indicating that River Medical’s employees are not

properly trained, that patient “hand-offs” are unusual in the EMS environment or

have caused any particular problems in GVFD historically, or that any other

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historic problems have been observed with River Medical’s services or

employees. Id., pp. 141-142.

N. Osborn identified Assistant Chief Ted Martin as a key player in the

GVFD’s implementation of an ambulance transportation service, along with a

not yet hired “new position of EMS Program Manager.” Id., pp. 148-149.

16. George Belokas (second witness 10/27/14 p.m., beginning at

3:03:40; first witness 10/28/14 p.m., beginning at 0:37:30):

A. Belokas prepared Appendix 6 to the Osborn “Needs Assessment”

(GVFD Ex. 1, beginning at p. 220).

B. His report was based upon radio traffic detailed on a spreadsheet

by GVFD employee Nicole Guerrero. Id., p. 221.

C. The River Medical response times he compared to GVFD

responses (id., pp. 223-224) measure time from dispatch to arrival (or 100% of

the time between when a call comes in to dispatch and the ambulance arrives);

the GVFD response times measure “alarm” time to arrival (a shorter period of

time, which does not start until dispatch trips the “alarm” at GVFD). See infra, p.

103, ¶34 I. As GVFD does not yet do ambulance transports, this was also a

comparison of first responder times to ambulance transport arrival times.

D. His report erroneously assumed that River Medical is required to

“file” its posting locations with ADHS. GVFD Ex.1, p. 226. See also infra., p. 24,

¶24G.

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E. His report assumed River Medical’s ambulances posted at these

“unfiled” posting locations were “not available” for calls in GVFD. Id., pp. 226-

227.

F. While documenting ambulance availability based solely upon

GVFD’s interpretation of River Medical’s radio traffic, and defining “availability”

as only occurring when there was a River Medical ambulance within the GVFD

(ignoring even those River Medical ambulances that might be immediately

outside of the GVFD boundaries), nowhere did the report identify a single call for

ambulance transport services where River Medical was unable to provide a

reasonable and appropriate response. Id., pp. 220-243.

G. Belokas did not testify to any prior CON or ambulance availability

experience.

H. Belokas agreed that depending upon the circumstances, including

the number of vehicles available to do a first response (versus an ambulance

transport response) and where those vehicles are located, one could expect a

first responder to be able to arrive at the scene of an incident quicker than a

fully-loaded and fully-staffed ambulance. He also understood that the River

Medical response times he was looking at were for actual ambulance transport

responses, and that the GVFD response times were first responder times only.

Tuesday, 10/28/14 p.m., beginning at 1:31:0.

I. In discussing the “level zero” concept, Belokas agreed that if an

ambulance was not usually located in the GVFD area, but was told by a

supervisor to move there because the area was down to one or zero

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ambulances, and if this ambulance then sat unused for three or four hours and

eventually left without taking a call, assuming there were no radio

communications relating to this movement, that ambulance would not show up

in his data as “available.” Id., 1:53:06.

J. Nicole Guerrero did not tell Belokas about the River Medical

supervisor unit that “floats” at times in the GVFD area without announcing its

presence via radio traffic, and did not tell him such unit would be available to

take ambulance transport calls. The existence of this ambulance availability

would also not show up in his data. Id., 1:56:30.

K. His conclusions regarding “unavailability” did include scenarios

where a River Medical ambulance was located in the GVFD area, but was

moving from its original post. For example, in discussions regarding a unit

stationed at a possible homicide scene, and another unit coming to relieve it, he

agreed that both of these units would have been considered unavailable. Id.,

2:08:25. Likewise, if an ambulance was dispatched to an out of area location,

he would have classified that ambulance as unavailable from the time of

dispatch, during the entire time it was traveling within the district. If an

ambulance outside the district were directed via radio traffic to go to a post

within the GVFD area, he would not have considered that ambulance “available”

until it radioed its arrival. Id., 2:43:20. This artificially assumed ambulances “en

route” from one location to another within the GVFD area were not available for

emergency responses.

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L. A certain amount of calls were “scrubbed” out of the data where

Guerrero did not capture dispatch or arrival time. Belokas agreed this could

move his numbers, either way, approximately 3%. Id., 2:19:06.

M. Also, the times utilized for GVFD responses were to the nearest

minute, seconds were not included, even though seconds matter in calculating

ambulance transport response times. Id., 2:22:01.

N. Belokas did not look at any 2012 availability or response times

other than the ninety day period selected by GVFD, and did not have any

information for 2013 or 2014. Id., 2:23:21.

O. Belokas did not reach any conclusions as to whether River

Medical was providing appropriate ambulance coverage or response times

within the GVFD area (see also, GVFD Ex. 1, p. 220). Id., 2:25:00.

P. Based upon the adjustments he did after authoring his report,

Belokas’ calculations for the GVFD first responder times were as follows:

77% within 10 minutes;

92% within 15 minutes;

100% (rounded) within 30 minutes (with three calls exceeding 30

minutes).

Similarly, his adjusted River Medical ambulance transport response times

were as follows:

70% within 10 minutes;

89% within 15 minutes; and

100% within 30 minutes (only one call exceeded 30 minutes).

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Id., 2:25:45.

17. Gerry Sternes (first witness Tuesday, 10/28/14 a.m., via telephone,

beginning at 00:01:56), Complex Administrator of the Arizona State Prison, Kingman.

Facts established:

A. Sternes testified that he supports GVFD’s CON application

because in operating the prison he likes as many options as possible, as many

resources, when it comes to emergency responses, for the benefit of staff and

inmate safety, and for safety of the physical facility itself. Id., 00:11:28.

B. The prison provides no fire service of its own; it contracts with

GVFD, and has no other reasonable options for fire protection. Id., 00:14:22.

C. While initially denying his letter (GVFD Ex. 1, pp. 295-296) was

based upon a form, when he was read the letter, Sternes agreed he would not

have come up with all of the language, would not have known who to address it

to, and GVFD would have provided him the basic information. Id., 00:16:40.

D. River Medical has been doing ambulance transports for the prison

for as long as he has been there and he has never had a complaint about the

quality of their service; he also has not experienced any associated security

issues. Id., 00:27:05.

E. There is medical staff on duty at the prison; all prisoners requiring

medical treatment are not necessarily removed for outside care. However, if an

inmate does require transportation to a hospital’s emergency room, prison staff

will transfer care of treatment to the medical professionals doing the transport.

Once at the emergency room, the transporting crew will then transfer care to the

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emergency room staff. Once at the emergency room, it is possible the inmate

would be moved to intensive care, or a regular hospital bed, adding another

“hand-off” or transfer of the patient to different medical professionals. Sternes

has no concern about the inmate’s well-being because of these transfers or

“hand-offs,” he does not think any of these would compromise the inmate’s well-

being. Id., 00:28:15.

F. River Medical has participated in training with the prison, including

the training done for inmate transfers. River Medical has never declined an

opportunity to participate in joint training and the prison has a good, professional

relationship with River Medical. Id., 00:32:50.

18. Mark Vanik (second witness, Tuesday, 10/28/14 a.m., beginning at

00:38:45). Environmental Safety Coordinator for NuCor Steel and member of GVFD

Board for three and one-half years:

A. Because of the natural gas line running through the NuCor

property, and the dangerous nature of what it does, NuCor contracts with GVFD

for emergency responses (in case of earthquakes, tornadoes, etc.), fire service,

hazard services and safety training. Id., 00:41:20.

B. Also, because of the nature of NuCor’s business, it is bound by a

variety of state, local and federal regulations, including OSHA; NuCor can either

satisfy these safety compliance regulations itself, or contract with an outside

agency, which it has chosen to do (GVFD). If it did not contract with GVFD, it

would need to take care of this compliance in-house. Id., 1:09:20.

C. River Medical has participated in training at NuCor. Id., 00:44:19.

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D. When asked what issues led to NuCor’s decision to have some of

its employees trained as EMTs, he reference a possible heart attack situation at

NuCor, where he believed it took 30 minutes for River Medical to respond. Id.,

00:42:15. Upon cross-examination, he stated this occurred on March 20, 2012

at approximately 1:00 p.m. Id., 00:59:35. The response actually took 15

minutes. RMI Ex. 43A.

E. Vanik also testified to an incident occurring at the Off Road

restaurant on Highway 68, close to a River Medical ambulance station (which he

characterized as “kitty-corner,” approximately one quarter mile away). He

related that an elderly woman had fallen and had gashed her head, someone

other than himself called 911, it took 5 to 10 minutes for the fire department to

show up and get the woman to her feet., and she was fine when the River

Medical ambulance arrived approximately 5 to 10 minutes after the fire

department. She refused transport. He was certain that the ambulance had

come from the nearby station. 10/28/14 a.m., beginning at 00:48:20. On

cross-examination, he stated this incident occurred in approximately June or

July 2011, at approximately 7:00 or 7:30 p.m. He agreed fire district records

would exist for this call, but admitted he had not pulled those. Id., 00:57:25. His

recollection was shown to be in error. River Medical arrived over 1 minute

before GVFD. See, RMI Ex. 43B and C.

F. A third “incident” related by Vanik involved his wife, who developed

severe stomach pains at approximately 3:00 a.m., leading to a 911 call for

ambulance transport. He testified the fire department arrived 10 minutes later,

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his wife wanted to leave (for the hospital), but had to wait for the ambulance,

which took 20 minutes to show up. 10/28/14 a.m., beginning at 00:50:45.

However, on cross-examination, when presented with a redacted copy of the

River Medical record relating to the call (RMI Ex. 33A), he agreed that the

closest River Medical sub-operation station was approximately 10 miles from his

house, and that according the records, the ambulance arrived within

approximately 13 minutes of being dispatched, not 20 minutes. He also agreed

that the fire department only did basic life support treatment, and that it was

River Medical that initiated the advanced life support care. Id., 1:01:13 (and

continuing at 1:06:06 after ruling on objection).

G. Vanik also acknowledged that GVFD Board support for the CON

pursuit is not unanimous, one existing (not up for re-election) Board member

opposes the CON. Vanik’s seat is up for election in two years. Id., 1:11:28.

H. During the past approximately six years, GVFD has had four

different fire chiefs. The current Chief has served for approximately two years,

Chief Hewitt before him for one year, the prior chief (Rudy Balboa) for less than

two years, and before him Chief Nystead. Id., 1:17:05.

I. With regard to GVFD’s employment of O’Donahue, Vanik testified

the Chief acts at the Board’s direction, which dictates policies and procedures.

The Board can terminate the Chief’s contract at any time (with pay) and the

Chief can terminate whenever he wants (without any penalty). Id., 1:18:45.

J. Upon questioning by ADHS/BEMSTS, Vanik stated that the

incident involving the NuCor employee involved no first responder. Because

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NuCor has employees who are EMTs, they only requested an ambulance. They

have not had to call for any ambulance transport since that call in 2012. Id.,

1:21:03.

19. John Sutherland (third witness, 10/28/14 a.m., beginning at 1:26:29),

mechanic for GVFD, established the following facts:

A. Sutherland’s expertise is all as a mechanic. He has no ambulance

operational or clinical expertise to offer in support of an ambulance transport

service operation (GVFD Ex. 106 – summary of work history).

B. GVFD currently has two used ambulance vehicles housed at

Stations 11 and 13. 10/28/14 a.m., beginning at 1:49:00.

C. Station 12 is always the second busiest station, but ambulances

are kept there. There is no room to house an ambulance or crew at Station 12.

Id., 1:51:08.

D. Sutherland is a one man operation; there are no other GVFD

employees who provide mechanic services. His only support is inmate labor

provided on a part-time basis. Id., 1:50:10.

E. Tony Demaio is a firefighter with GVFD. Id., 1:52:10.

F. The two ambulances GVFD has are from 1998 and 2002. Id.,

1:52:45.

20. Earlene Mahar (fourth witness 10/28/14 a.m.; beginning at 1:56:16), a

resident of GVFD since approximately 2011, testified to an incident involving her

boyfriend and GVFD Chief O’Donahue rescuing an elderly woman from a fire - which

led to heroism awards; and with regard to ambulance service, testified:

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A. An incident occurred December 26, 2012 involving her father-in-

law, whom she described as a “very large” man, where 911 was called. She

stated that GVFD arrived first, stabilized him, and then River Medical arrived,

entering the doublewide trailer with a gurney, and with their ambulance set up

and ready to go. Because of the tight corners in the residence, her father-in-law

actually walked out to the ambulance. The ambulance departed the house

before she and her boyfriend did, and she was surprised when they passed the

ambulance parked by the side of the road. She and her boyfriend arrived at the

Kingman hospital before the ambulance. Id., 2:07:10.

B. At the hospital, she asked as nurse if she could speak with

someone from the ambulance company. That person told her the ambulance

had started to overheat (which was resolved), but they also had to start an IV.

Her unhappiness with the situation is she felt like River Medical’s employees

were not kind and sympathetic enough. Id., 2:15:54.

C. On cross-examination, she admitted she lives on a bumpy road

(id., 2:18:20), and she did not make a complaint to anyone at the hospital other

than the nurse she asked to direct her to the ambulance employees or any one

from either River Medical/GVFD (id., 2:20:20). She also testified that her house

is more than 13 miles from the Kingman hospital (her work is 13 miles away and

the hospital is a little further). She conceded that an 18 minute trip, for the

ambulance, sounds about right. Id., 2:19:0.

D. Earlene Mahar, at the time of her testimony, was an active

candidate for the GVFD Board. Id., 2:23:08.

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21. Linda Vanik (testified fifth on 10/28/14 a.m. beginning at 2:24:20), wife of

Mark Vanik, testified to her appreciation and support of the GVFD firefighters.

22. Jim Haynes (sixth witness on 10/28/14, beginning at 2:27:45), President

and CEO of Behavior Research Center, company that helped develop and administer

survey included in Osborn’s “Community Needs Assessment.” The following facts

were established:

A. The primary purpose of the survey was to give the GVFD Board and

management guidance as to whether or not the public they report to was on the

same page with them; it was designed to measure their attitudes toward the

services provided by GVFD and by River Medical. Id., 2:33:10.

B. To develop the questionnaire, Haynes was provided with a general

outline done by Osborn, whom he has worked with before on different projects.

Osborn “had a good idea of what the district wanted . . .” Id., 2:40:30.

C. All questionnaire facts were provided by Osborn. Id., 2:43:11.

D. Tables 3 and 3A capture attitudes of individuals surveyed as to

interactions with River Medical. 83% rated this as “excellent to good,” which

Haynes called “very good numbers.” 10/28/14 p.m., beginning at 00:21:10.

E. Both the written and telephone surveys were structured to

encourage responses. Many of the written questions did not include “I don’t

know” or “neither” as an option. Likewise, the questions programmed into the

computer for the telephone questionnaire did not offer the person asking the

questions the response option of “neither” or “I don’t know.” With the telephone

survey, if a responding person said one of these things, there was a field to put

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the information in, but the person administering this survey did not affirmatively

tell the participant these were options. Id., 0:25:55; see, also id., 0:35:40.

F. Haynes’ experience with political studies is that the popularity of

fire departments is “sky high.” Id., 0:30:50.

G. Haynes agreed that he was not testifying the survey results

established any deficiency in the emergency medical services system currently

in place in GVFD; in fact, he stated that based upon the findings of the study, his

answer certainly would be no. Id., 0:34:25.

H. Haynes characterized the GVFD survey as “relatively expensive,”

estimating it cost between $20,000 and $25,000. Id., 0:34:50.

23. Michael Hartsig (testified first on Wednesday, 10/29/14 a.m., beginning

at 0:02:10), the Plant Manager for Griffith Energy, established the following:

A. Griffith contracts with GVFD for both emergency services (fire

suppression and hazardous material responses) and regulatory compliance

(including inspections and training). This involves GVFD going to Griffith

approximately once a week. Id., 0:06:10. This includes compliance with OSHA,

and state and local regulations. Griffith’s choice is to either provide these

services itself or contract with an outside entity. As Griffith is not located within

the GVFD district, GVFD would not provide fire protection or hazardous material

responses unless Griffith contracted with it. Id., 0:14:50. If Griffith did not

contract with GVFD for that fire/hazardous material response protection, it would

have to contract with some other company. As River Medical only provides

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ambulance transport services, River Medical would not be an option. Id.,

0:17:00.

B. Hartsig supports GVFD’s Application because of their existing

relationship and because the services they provide are very important to him.

Id., 0:12:00.

C. The August 27, 2012 letter he wrote in support of GVFD’s

Application (GVFD Ex. 1-0288) was built off of a “template” that GVFD provided

to him, and that he pretty much left intact. Id., 0:09:58.

D. With regard to his concern about “hand-offs” as stated in the letter,

he references his own employees’ handing off information to each other, and the

risks associated with the same. Id., 0:12:40. However, he eventually agreed

that he is not familiar with the training or documentation used by medical

professionals in connection with medical transfers (such that he really cannot

speak to the same). Id., 0:21:40.

E. Likewise, during his entire tenure with Griffith (a little over four

years), he has only needed to look to GVFD once in order to do a hazardous

material response and Griffith Energy has never required an ambulance

response. Id., 0:19:00.

F. Hartsig had no negative comments regarding River Medical; in

fact, he has no experience with River Medical. Id., 0:20:35.

24. Ithan Yanofsky (second witness, Wednesday, 10/28/14 a.m., beginning

at 0:25:40), Deputy Chief for BEMSTS, established the following facts:

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A. It takes a certain number of employee hours to staff an ambulance

twenty-four hours a day, seven days a week: it takes 8.4 FTE (full-time

equivalents), which is separate and apart from the number of employees

required. Staffing three ambulances for twenty-four hours a day, seven days a

week, would require approximately 25.2 FTE hours devoted purely to the

ambulance transports (as opposed to fire services). Id., 0:51:20.

B. When looking at an applicant’s financial situation, whether or not

the ambulance transportation service has substantial debt is not the issue that is

of concern, what is of concern is the ability to pay that debt. Id., 0:55:20.

C. The Bureau understood that GVFD had approximately $3 to $4

million in available funds (at the time of the Application). Id., 0:57:30.

D. GVFD did not include a subscription service program in its

Application. Subscription services are like insurance; this is a contract under

which a person pays a set amount which will then cover ambulance services

over and above a certain amount (it varies by contract). Id., 1:30:30.

E. The Application shows a loss of over $894,000. The Bureau’s

analysis showed a loss of approximately $762,000. Because of the $3 to $4

million that the Bureau understood GVFD had on hand, this loss was not

considered to be an issue. Id., 1:17:15.

F. In the Bureau’s substantive review letter (EMS Ex. 9, at p. 2), it

asked GVFD to “justify the need for 24.8 [FTE] positions to perform a relatively

low number of runs [1,100].” The “relatively low” qualifier to the transports

number was based upon the approximate number of FTEs required to maintain

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three full-time 24/7 ambulances – somewhere between 24.8 and 25.2. GVFD

never gave the Bureau a response to this inquiry. Id., 1:22:20.

G. The location of an ambulance transport service sub-operation

station must be submitted to the Bureau, and any changes must be updated

approximately thirty days in advance. However, this is distinctly different from

an ambulance posting location; a posting location is a place where an

ambulance service decides it would be a good idea to put an ambulance in

order to respond to the call volume. Posting locations change and do not have

to be filed or reported to the Bureau. Id., 1:42:15.

H. As part of BEMSTS’ file, it has copies of communications

submitted to the Director regarding GVFD’s Application. These were admitted

by stipulation as EMS Ex. 16 – 20 (id., 1:44:53) and are as follows:

Ex. 16 – Golden Valley resident Sherri Borden emailed the

Director on May 23, 2014 stating her belief that allowing GVFD a CON

“would be a mistake for the citizens in Golden Valley.” As an almost

twenty year resident of Golden Valley, she has used both River Medical’s

services and GVFD’s services. She observed that River Medical “has

always been timely & sometimes even shown up before the fire dept. has

been on scene.” She thinks that having the fire department running an

ambulance service will only drain GVFD resources. She summarized that

“[i]t’s not broken don’t fix it.”

Ex. 17 – Bernice Stone-Martin emailed the Director on June 12,

2014, as a Golden Valley taxpayer. Her response to the Application was

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that she is “appalled.” She thinks the CON Application is “unnecessary

and wasteful. . .” Through listening to her own personal radio, she has

heard many calls where River Medical was first on scene. She observed

that “[w]ith there only being three stations and 7 fire personnel to cover

220 square miles plus any mutual aid calls that are needed, it would be

detrimental to our valley to have our own ambulance service. This would

take service away from the citizens leaving longer response times to

emergencies as we would have firefighters/paramedics tied up with

transporting patients.” She observed that there already have been

“numerous occurrences” of fire responses coming from further away due

to stations being tied up on other calls. She believes having GVFD

provide ambulance services “would make this situation much worse.”

She is concerned about the fiscal impact. She does not want the added

expense. Her belief is that the Application “is for personal gain and

notoriety for Thomas O’Donahue and not what is best for [the] citizens of

Golden Valley.”

Ex. 18 – Rhonda Brooks emailed Director Humble on June 14,

2014 in her capacity as a Golden Valley citizen (not as a Golden Valley

Board member, which she also is). She observed that the “taxpayers of

Golden Valley currently enjoy the best of two worlds: River Medical who

provides our ambulance service, and train paramedics, as well as our

own beloved firefighter paramedics.” If the fire district were to take over

ambulance service, they would lose half of that public safety protection.

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Observing that Golden Valley is not wealthy, she also stated that the

taxpayers “do not currently pay taxes to subsidize the ambulances. Only

people who use the service, have to pay for it.” She also observed that

River Medical sells a subscription service for $116.51. She characterized

River Medical as “good stewards to our community” and observed that

Golden Valley cannot currently afford to pay more taxes to support a

second ambulance service.

Ex. 19 – Lovelle Barnett emailed Director Humble on June 16,

2014. Barnett is a twenty-five year resident of Golden Valley and

opposes GVFD’s Application for CON. Stated concerns include the used

ambulances GVFD currently has, the district’s dirt roads, the fact of

GVFD using uncertified (as a mechanic) convict labor on ambulances,

River Medical offering a yearly subscription service while GVFD will not,

the opinion that a greater burden will be placed on taxpayers and the

concern that if GVFD is transporting a patient to a hospital, there will be

“less boots on the ground” in district (less fire personnel). This is contrary

to public safety. Also, the survey completed by the district was not fair to

River Medical or the fire district: most people could not honestly answer

most of the questions, as they do not interact daily with either one.

O’Donahue’s forwarded response email confirmed what Osborn testified

to: “The survey was designed to draw out the feelings of [the Golden

Valley] community that was pertinent to the EMS services provided to the

community.”

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Ex. 20 – Tony DeMaio emailed the Director on June 19, 2014

(GVFD witness Sutherland, supra, testified DeMaio is a GVFD firefighter).

DeMaio also is a resident since 1989 and his family/extended family has

been in the area since the 1960s. He thinks the CON is a “very bad idea

for Golden Valley.” His primary reason is that “the District will not be able

to provide the same level of service as the people are getting now.”

DeMaio related that the CON “fight started when a former Board member

was very upset when he was called about his ambulance bill…,” which

fact was “stated to [him] personally by the board member…” He believes

the taxpayers are being misled by the Board members and district

administration. He related that the district’s two current ambulances are

used. The air conditioning does not work in one of them and the second

had been out of service “for quite some time” (and was still out of service

as of 6/18/14). He related problems with that vehicle. He stated that the

second busiest station in Golden Valley, Station 12, does not have room

to park an ambulance and cannot accommodate additional personnel

without remodeling. “As a resident and taxpayer, [DeMaio is] confident

and happy with AMR providing ambulance service in Golden Valley, [and

is] also happy to not have the additional tax burden of the ambulance

service on [his] fire district.”

25. Lawrence Prudhomme (third witness, Wednesday, 10/29/14 a.m.,

beginning at 2:00:19 and then continuing - after a witness was taken out of order -

10/29/14 p.m., beginning at 1:57:50; also testified on rebuttal, Wednesday 11/5/14

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a.m., beginning at 00:20.04), CPA hired by GVFD to prepare its Ambulance Revenue

and Cost Report (“ARCR”). The following facts were established:

A. Witness had no prior experience preparing an ARCR. 10/29/14

a.m., beginning at 2:02:05.

B. To come up with GVFD’s proposed rates, he and GVFD looked at

the surrounding fire districts, which were “all over the map.” They selected Lake

Mojave Ranchos as being most proximate and similar in area/land mass. They

also looked at River Medical, as its rates had been approved for its entire

service area. As Lake Mohave Ranchos was lower, they decided this would be

better for the taxpayers. Id., 2:45:30.

C. The mileage rate came from looking at River Medical and Lake

Mohave Ranch, and averaging the two. Id., 2:50:35.

D. Prudhomme’s financial calculations, and the ARCR projections,

were based upon GVFD doing 1,100 transports, which he understands as being

100% of all the 911 generated (emergency) transports in the GVFD service

area. Wednesday, 10/29/14 p.m., beginning at 1:58:15.

E. Prudhomme also assumed the call volume would increase at the

rate of 9% per year. However, in looking at 2013, the actual volume was

approximately 900 transports, meaning the call volume actually decreased.

Prudhomme acknowledged this would impact his financial projections (but never

testified to what that precise impact would be). Id., 2:00:00.

F. Prudhomme did not do anything to update the Medicaid/Medicare

reimbursement rates from what they were in 2012. Id., 2:05:01.

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G. His numbers also assumed payment of 100% of the AHCCCS

claims, he did apply any risk (for non-payment) factor. Id., 2:06:09.

H. His self-pay collection rate of 60% was an “extrapolation” as

opposed to being based upon any comparable data. Id., 2:07:45.

I. The Medicare co-payment risk was looked at, but he did not factor

this in either. Id., 2:09:30.

J. While GVFD submitted its final version ARCR in 2013, at a time

when Medicare sequestration was in effect, Chief O’Donahue did not tell him

about sequestration (which he learned about just hours before his testimony), or

that it should be taken into consideration. Id, 2:09:50.

K. His calculations did not take into consideration the GVFD service

area’s “super rural” (Medicare) status, including the fact that because of the

annual re-evaluation of this rate by Congress, existing rates are at risk. He does

not know whether this has any impact on his calculations. Id., 2:20:17.

L. The additional employees that GVFD intends to hire to support the

ambulance transport operation will not be dedicated 100% to ambulance

transports; they will be cross-trained for fire duties. Id., 2:25:45.

M. GVFD looked at purchasing two new ambulances, and then

decided to simply buy one now, and one later. However, GVFD’s operation’s

plan involves four ambulances – three always fully staffed and one available for

repairs/training. Id., 2:27:35. The ARCR does show four on its depreciation

schedule, but these are for used ambulances, not new. Id., 2:29:35.

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N. The evolution of GVFD’s general fund was discussed to include

the following:

- Calendar year 2011 (based upon GVFD Ex. 13)

shows taxes as 92% of revenue (p. 9), excess

funds of $914,751 (Ex. 13, p. 16), and a general

fund with approximately $3.8 million. Id., 2:33:12.

- Calendar year 2012 (based upon GVFD Ex. 14),

there were excess funds of approximately $27,000,

which were adding to the general fund. Id., 2:34:30.

- Calendar year 2013 (based upon GVFD Ex. 15),

shows less than 1% of the GVFD calls involved

hazardous materials (p. 11), a revenue deficiency

of over $1 million (p. 23), which money depleted

the general fund to $2.76 million. Id., 2:35:50.

- There are no audited 2014 numbers out yet and he

he has no information about the status of the

general fund. Id., 2:34:20.

O. Prudhomme did not know anything about whether or not a tax rate

increase was contemplated by GVFD or what its required expenditures to

support fire services would be in the near future. Id., 2:3945.

P. While Prudhomme considered Lake Mohave Ranch’s rates and

charges in helping set GVFD’s rates and charges, he was unaware of that fire

district’s current financial status. Id., 2:45:00.

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Q. Based upon Lake Mohave Rancho’s ARCR reportings (GVFD Ex.

94), they have been balancing their ARCR reporting with local funding (tax

monies) until the 2012-2013 calendar year when they stopped showing that, and

simply reported a loss of $198,000. Their stated transport numbers and losses,

by fiscal years (there was no fiscal year 2010/2011) were as follows: 08/09 –

435 transports, loss of $841,796, more than $1 million spent in local support to

break even; 09/10 – 548 transports, loss of $1.337 million, balanced with local

funding; 11/12 – 605 transports, loss of $1.1 million, covered with taxpayer

subsidy; 12/13 – 515 transports, loss of $198,000. Id., 2:45:30. See also,

GVFD Ex. 94, pp. 2, 3, 6, 8, 13, 14, and 67-69.

R. Prudhomme has no knowledge of what has recently happened to

Lake Mohave Ranchos Fire District. 10/29/14 p.m., beginning at 2:50:00.

S. When asked by GVFD’s own attorney, Prudhomme testified that if

GVFD receives a CON, the intended deployment is to place one ambulance at

each of the fire district’s three stations so that the nearest ambulance can be

deployed to a call. The fourth ambulance will be “backup,” in case one of those

three goes out of service, requires routine maintenance, etc. Id., 2:58:09.

T. Prudhomme is not sure what has happened to the billable

transport numbers (decreasing, becoming stable, etc.) since did his calculations.

Id., 3:1:12.

U. On rebuttal (Wednesday, 11/05/14 a.m., beginning at 0:20:04),

Prudhomme presented GVFD Ex. 176 and 177, a recalculated “break even”

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presentation. In doing so, he changed his direct testimony that some

ambulances might be EMT only staffed. Id., 0:33:25.

V. In GVFD’s operative ARCR (GVFD Ex. 154, at Bates 00004, p. 2

of the ARCR), at line 12, the wage/payroll/employee benefit figure was

approximately $1.5 million. This included four new EMTs and a 68% allocation

of existing personnel. In his “break even” analysis, that figure has been

changed to $195,466 – wages and benefits for just the four new EMTs. Id.,

0:34:39.

W. Prudhomme understands GVFD’s operations model includes three

ambulances operating 24 hours a day, 7 days a week. Id., 0:38:00. He

understands this will take eighteen employees (bodies) to cover. Id., 0:41:35.

The information regarding employee availability to staff this operation model

came from GVFD, not from him. Id., 0:44:39.

X. When questioned about how the 68% allocation of existing staff

could be entirely subtracted out given GVFD’s first responder obligations,

Prudhomme agreed that ambulance transport duties would take longer than

being a first responder. Id., 0:46:00. Initially, he testified that one of GVFD’s

three ambulances would transport the patient, and the two other ambulance

units would be available to be the first responder. Prudhomme was then asked

how this would allow him to not include the 68% allocation for existing personnel

in his “break even” analysis. Id., 0:52:36. He then agreed that only one

ambulance unit would respond to the scene of a call, doing both the first

response and transport. Id., 0:55:26.

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Y. The result of this new operations model would be that of having

only two trained medical professionals on scene of a call instead of four. Id.,

0:56:19.

Z. While Prudhomme included a footnote reference to a Safer Grant

in the ARCR calculations (noting the possibility of this covering the cost of new

hires), he acknowledged he knows nothing about the Safer Grants, or the

likelihood of GVFD getting one. Id., 0:57:00.

AA. Prudhomme agrees Rich Bartus has more industry experience

than he does in evaluating the reasonableness of a proposed ambulance

service model. Id., 1:02:07.

BB. Prudhomme cannot state he knows GVFD will be physically

capable of performing all normal fire and hazard services its taxpayers expect,

while at the same time doing the 100% of transports its proposed business

model is based upon. He can only speak to the financial analysis, which relies

upon operational information provided to him. Id., 1:03:00.

26. Todd Jaramillo (fourth witness, 10/29/14 a.m., beginning at 3:04:40),

Ambulance Services Manager for BEMSTS, established the following facts:

A. Other than the overlap of River Medical’s service area (with

essentially all of the proposed GVFD service area), there is only a “slight” or

“tiny piece” overlap with Mohave Valley’s CON service area and an insignificant

overlap with Bullhead City’s CON. Id., 3:09:35; also 3:14:39.

B. The GVFD maps do not show the GVFD service area segments

that run along Interstate 40, to the south, and Highway 93, to the north, to scale.

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They are made larger so they are easy to see as if drawn precisely, they would

almost mirror the highway itself, as the proposed service area parallels those

sections of the highway to a small extent only. Id., 3:13:10; see also, id.,

3:25:27.

27. John Sinclaire (first witness, 10/29/14 p.m., beginning at 00:00:05), Fire

Chief with Kittitas Valley Fire and Rescue, testified that in his opinion a fire-based

ambulance transport service is preferable to a private-based ambulance service. In

connection with his stating this preference, the following facts were elicited:

A. According to his Résumé (GVFD Ex. 71) and testimony, Sinclaire

has no management experience outside of fire protection or a fire-based

ambulance system (no private entity managerial experience). Id., 0:27:00.

B. Sinclaire has interacted with AMR employees, including “upper

echelon” management and “their experts,” has worked with a number of AMR

private companies on task forces (id., 0:13:20), but had nothing negative to say

about either River Medical or any other AMR company.

C. Sinclaire knows Chief O’Donahue from their service on the

Washington State Fire Chief Board of Directors only, and from that limited

experience has a good opinion of him. Id., 0:15:15.

D. While Sinclaire had abstract criticisms, or scenarios of possible

problems associated with a private company-based ambulance transport system

(id., 0:49:00), he did not testify to any problems existing within the GVFD

proposed service area, with River Medical’s operation in general, or to any

specific incidents of system failure or other substandard performance by River

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Medical. His testimony did not identify any “need” existing in the proposed

GVFD service area.

E. Sinclaire has no experience with Arizona’s regulatory environment

(ambulance) and his only direct Arizona experience was years ago when he

consulted with the Northwest Fire District about fire service. Id., 1:13:10.

F. Sinclaire has no personal experience with River Medical, does not

know whether it serves its area by virtue of a contract, knows nothing of its

commitment to its public or its responsiveness, does not know anything about its

employees’ experience or training, and is not saying that because it is a private

entity, the community it serves is “at risk.” Id., 1:14:20.

G. Just because River Medical is a private company, does not mean

it is unresponsive to its communities’ needs. Id., 1:16:45.

H. Sinclaire agreed he was not testifying that just because an entity is

public, for example, a fire district, it will be able to run an ambulance service (not

every public fire district will necessarily be able to do this). Id., 1:17:00.

I. Sinclaire acknowledged that he was not testifying that he knows

enough about either GVFD or River Medical to be able to say that dynamic

deployment is not appropriate for that service area. Id., 1:19:35.

28. Rich Bartus (first witness, 10/30/14 p.m., beginning at 00:01:30) AMR’s

Regional Operations and Finances Officer (for AMR’s south region), in addition to

establishing his financial and operations oversight of approximately 55 operating

business units that generate approximately $440 million in revenue, based upon

approximately 1.1 to 1.2 million ground ambulance transports annually, and his being

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directly responsible - from beginning to end, for producing the financial statements for

each of these units (id.; see also, id., 0:02:50), established the following facts:

A. Bartus has been in the ambulance transportation industry a little

over 22 years, beginning with general operation duties, communication and

dispatch roles, as well as overseeing fleet maintenance. After obtaining his

bachelor degree in accounting, he moved into the business-side of operations in

1994, and started producing financial statements and doing financial analyses.

He then moved into upper level financial management, and performed executive

level operation duties associated with acquisitions, enhancing his business

knowledge. He then moved back into the financial-side of operations, at the

executive level. Id., 00:14:00.

B. Bartus is involved on a day-to-day basis with overseeing the

financial operations of AMR’s business units, including the month-end closing

process and balance sheets. This includes revenue projections for contract

performance, monthly and quarterly forecasting, managing capital expenditure

calculations and annual budgets, and preparing pro forma projections for new

contracts and responses to requests for production. Id., 0:02:13.

C. The approximate distribution of 911 generated versus IFT

transports in his area is approximately 50/50. It also covers every different kind

of community from very rural (such as River Medical), to the highest urban

concentrations, such as Las Vegas. Id., 0:03:30.

D. Bartus is familiar with the preparation of Arizona’s ARCRs, both

actual and pro forma, by virtue of the River Medical operation as well as AMR’s

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applications for new operations and transfers, including Life Line. He reviews all

numbers for River Medical and Life Line, ensures they are compliant with

generally accepted accounting principles (GAAP), and is otherwise directly

involved from beginning to end in preparing them. Id., 0:04:40.

E. Bartus is familiar with Arizona’s regulatory model, which while fairly

unique is similar to the financial reporting required by other states’ rules and

regulations, and to certain contract compliance requirements. Id., 0:06:35.

F. Bartus’ preparation of these various financial statements, and

Arizona’s ARCRs, does require familiarity with the different calculations third

party payors make for reimbursements. This is important because the key

driving factor for success of an ambulance transportation entity, including

making pro forma calculations (such as an estimated first year ARCR) and

bidding on contracts or budgeting, is appropriately estimating revenue. This

includes the rates that third party payors will pay and a collection risk analysis,

as well as co-payment risk analysis and the risk of transporting patients who

simply cannot pay. Id., 0:08:43.

G. Bartus is familiar with the payor mix an ambulance transportation

company will work with, including analyzing trends and changes. The mix

involves four categories of parties who will pay for ambulance transportation

services:

(1) Medicare - the largest group of users;

(2) Medicaid – the second largest;

(3) Third party insurance companies; and

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(4) The uninsured who are self-pay (a group carrying the

highest risk of bad debt).

With regard to the last group, an ambulance transportation company

must transport regardless of a person’s financial status. Id., 00:11:05.

H. Arizona’s Medicaid reimbursement has recently changed, for the

better. It is administered by the AHCCCS program, and recently went from

68.59% of the gross charges to 74%. Id., 0:13:05.

I. River Medical, Inc. is wholly owned by AMR. Id., 00:16:35.

J. In connection with the GVFD Application, Bartus applied his

knowledge and experience to analyze GVFD’s financial model, preparing

Exhibits RMI 41(A), (B) & (C). Id., 00:16:55.

K. In doing this, his goal was to review the applicable data and test

GVFD’s calculations for reasonableness. Id., 00:18:25.

L. This review includes the fact that the fundamental basis of any

financial model must be revenue. Id., 00:20:00.

M. His analysis was not done using 2012 standards, due to changes

in relevant financial considerations, such as the Affordable Care Act. Id.,

00:21:07.

N. To do this, he looked at the payor mix and analyzed how the

GVFD payor mix has changed from 2012 to 2014 by looking at the known 2012

ninety days sample period for GVFD, the known River Medical 2012 payor mix

for that same ninety day period, calculating the difference, and looked at the

known payor mix for 2014, to then calculate the best estimate for current GVFD

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area payor mix. He updated Medicare rates to those applicable in 2014. He

utilized current Medicare reimbursement rates and utilized historic River Medical

collection rates, which includes the risk associated with co-payments and the

small category of self-payors (see, RMI Ex. 41(A), first page). Id., 0:23:13;.

O. RMI Ex. 41(C) contains the detailed math behind all of his

modeling. He created 24 different financial scenarios for his analysis. The first

12 leave GVFD’s proposed rates the same, assuming GVFD’s cost/expense

calculations are correct, and then applied the variables (changing Medicare

rates, AHCCCS rates, co-payor risks, etc.), to determine what the true taxpayer

burden would be. The second 12 financial models looked at the same variables

but kept the taxpayer burden (subsidy) the same and calculated what the rates

would need to be to achieve that. These 24 models also used two different

projected billable transport numbers. The first is the 1,100 transports, which

GVFD’s financial model is based upon. Because Bartus is confident that the

real billable transport number would be 800, that number was also used. The

800 number is based upon River Medical’s data and information elicited during

the hearing (see, RMI Ex. 41(A), pp. 1 and 2). Id., 0:26:00.

P. For both the “do not change GVFD’s proposed rates” and “keep

the same taxpayer burden,” Bartus looked at the worst case/best case scenario

for each (with regard to AHCCCS reimbursement changes). Id., 0:31:00.

Q. The basis that Bartus started with was GVFD’s first year, pro

forma, ARCR (GVFD Ex. 154). He also utilized GVFD’s expense calculations

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(GVFD Ex. 124), then applying the existing 2014 payor mix, as best calculated

for GVFD. Id.,0:33:50.

R. River Medical Ex. 41(B) details Bartus’ financial modeling and

conclusions. Due to the passage of time, GVFD’s revenue model was out of

date with respect to Medicare rates, Medicaid (AHCCCS) rates and payor mix.

It erroneously assumed a 100% collection of Medicare with no provision for the

2% sequestration reduction or co-pay collection rates. It also had no provision

for possible denial of claims by AHCCCS, a higher than industry normal

collection rate for self-pay and (in Bartus’ opinion) was overly optimistic about

the number of billable transports [see, RMI Ex. 41(B)]. Id., 00:37:30.

S. For example, GVFD used a 60% collection rate for self-pay

(uninsured population). River Medical’s experience is that number should be

7.7%, a number consistent with national trends. Id., 00:43:15.

T. The second page of RMI Ex. 41(B) shows how the payor mix was

calculated, using known data for River Medical for the GVFD selected 90 day

period in 2012 as compared to known River Medical 2014 data through August

5th. The third page shows GVFD’s known data for the same 90 day period in

2012, he applied the same percentage change that River Medical, as a whole,

experienced as between that 90 day period in 2012 to 2014, thereby calculating

the estimated adjusted payor mix totals for GVFD in 2014 [see, RMI Ex. 41(B),

second and third pages]. Id., 00:49:08;.

U. The fourth page of 41(B) is historical closed claim data. Bartus

looked at collections over a two year period, to see the true experience, and

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then compared to GVFD’s collection assumptions to test for reasonableness

using all trips billed for the first quarter of 2014 (by River Medical), which quarter

was entirely closed as of the time of hearing. This allowed him to determine

River Medical’s current collection rates and then apply the change to known

GVFD 2012 rates [see, RMI Ex. 41(B), starting at fourth page]. Id., 0:52:30.

V. The final part of his calculations simply involved Bartus recreating

GVFD’s expense calculations (GFVD Ex. 124) in a spreadsheet [the fifth and

sixth pages of RMI Ex. 41(B)]. Id., 0:56:45.

W. Then, using GVFD’s pro forma ARCR numbers, accepting GVFD’s

proposed rates and charges, he created 12 scenarios applying the three

possible AHCCCS rates – pre October 1, 2014 rate of 68.59%; the October 1,

2014 existing rate of 74%; and the expected October 1, 2015 rate of 80%. He

applied each of these three, first using the overall River Medical known 2014

payor mix (through August 2014) and utilizing 1,100 transports. This is line

items A through C. He did the same, adjusting only the payor mix to be the best

estimated GVFD specific payor mix. These are line items D through F. He next

did the same two sets of calculations, but using 800 transports (line items G

through I and J through L, respectively). See, RMI Ex. 41(A), p. 1; RMI Ex.

41(B), seventh page, Bates Numbered 873; see also, id., 1:00:20.

X. He determined that line item K was the most likely scenario based

upon known information. It contains the most current payor mix specific to

GVFD’s area, the current AHCCCS reimbursement rate, and the best estimate

for billable transports. Settlements include the impact of Medicare sequestration

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and the higher Medicare rates. He also included the “super rural” enhancement

to Medicare, noting that this enhancement is at risk every year (dependent upon

Congress). Id., 1:02:45. See also, 1:17:35.

Y. Based upon this, he concluded that if GVFD’s proposed rates are

accepted, their revenue projections are short of true by approximately $341,567

(they will receive this much less in revenue than what was projected). This

figure is found at line item K in the boxed out area under the heading $$

Taxpayer Change [see also, RMI Ex. 41(B) at Bates 0873]. Id., 1:07:25.

Z. As such the true taxpayer burden (the deficit between revenue and

expenses) is not the $894,819 assumed by GVFD, but instead is $1,236,387.

This is found at line K under “Taxpayer Burden $$.” Id., 1:09:00.

AA. At RMI Ex. 41(B), Bates No. 0874, the illustration of Schedule K,

and all the math involved, immediately follows the summary of Bartus’ financial

modeling for all 24 different calculations.

BB. Bartus’ financial modeling then looked at 12 different scenarios

applying the same basic principles and calculations as the first 12, but leaving

the taxpayer burden the same, in order to calculate what GVFD’s rates would

need to be in order to keep the same taxpayer burden. As with the first 12, his

assumptions include GVFD running three ambulances, 24 hours a day, 7 days a

week. Id., 01:12:10.

CC. There, line item W corresponds to line item K. It applies current

payor mix specific to the GVFD area, current AHCCCS reimbursement rates, the

impact of sequestration and assumes 800 billable transports. Based upon this,

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GVFD’s rates would have to be a little more than double what they have

proposed in order to maintain the same taxpayer burden (subsidy). These

calculations do not necessarily follow a straight line as increasing rates will not

change Medicare reimbursement. Medicare looks at its fee schedule and allows

80% of that minus the 2% sequestration (the 2% sequestration is 2% of the

80%, not of the whole). The member then pays 20% of the Medicare fee

schedule. The Medicare reimbursement does not move with increased rates.

AHCCCS is currently responsive to rate changes but if everyone raises their

rates a lot, AHCCCS will respond, as it has a set fund. Third party HMOs are

also starting to become more savvy in this regard, meaning higher rates do not

necessarily result in proportionate reimbursement increases. Id., 1:14:07; see

also, id., 1:24:05.

DD. The RMI Ex. 41(B) illustrations of Schedule K and W are

essentially the “playbook” for an ambulance operation company to calculate its

revenue. Id., 1:23:36.

EE. The detail for Schedule W, the rate increase required to maintain

GVFD’s projected taxpayer subsidy of $894,819, is found at RMI Ex. 41(B),

Bates No. 0874, and includes calculations of what happens to cash when rates

are raised. One risk factor Bartus skipped here, which would further decrease

revenue, is “price elasticity” (line item K). Private insurance payors will pay less

if they believe rates have been raised to cost shift. Id., 1:24:25.

FF. RMI Ex. 41(B) concludes (final two pages) with graphs that

correspond to the 24 different scenarios Bartus ran in his financial modeling,

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with the first corresponding to line items A through L (where rates are kept the

same and the required taxpayer subsidy changes) and the second keeping the

taxpayer subsidy the same.

GG. Bartus’ ultimate conclusion is that no matter which model is run,

and giving GVFD all the benefit of the doubt (increased Medicare and Medicaid

reimbursements, etc.), there will be a deficiency somewhere. Scenarios K and

W are the most likely and he believes there is a high risk of GVFD financial

instability and failure [see, RMI Ex. 41(B), p. 1]. Id., 1:31:45.

HH. Bartus also spoke to the general financial impact GVFD’s

proposed business model would cause to River Medical. GVFD calculates that

it will take 100% of the billable transports in its proposed service area.

However, River Medical’s CON will still require it to cover that area, and meet its

response times. As such, River Medical would need to keep an ambulance

available for the GVFD area, in case the “backup” service that GVFD spoke of is

required, and to cover the surrounding rural area. It costs approximately

$500,000 to staff one ambulance. At best, the revenue generated would be

about $210,000, meaning there would be a negative burden associated with this

ambulance of approximately $290,000. While River Medical could reduce units

in the area, for approximately 800 transports per year, there is no way to do a

pro rata billing staff or other large organizational cost reduction, in the way that

River Medical could do if it lost, say, 20,000 transports per year. Id., 1:34:15;

see also, 2:52:18 and 3:04:55.

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II. For any ambulance company, the biggest cost is putting an

ambulance on the road, which is approximately $500,000. Id., 1:39:55.

JJ. The “donut hole” that the GVFD service area represents is not only

surrounded by the rural areas adjacent to that part of River Medical’s service

area, it is also impacted by the Lake Mohave Ranchos and Bullhead City Fire

District service areas, to which River Medical provides mutual aid, as well as the

Skywalk area on the Indian Reservation. There is no significant overlap

between these service areas and any other provider, they are pretty much

standing alone. Id., 2:56:36.

KK. Having to continue to cover this “donut hole” in the service area,

as well as the surrounding sparsely populated area, could possibly cause River

Medical to have to apply for a rate increase somewhere between 5% and 6%

(this is an option it would have to consider), or a possible modification of its

CON service area. Id., 1:35:00; see also, 2:53:05.

LL. Bartus also spoke briefly to AMR and its parent’s financial stability.

AMR is wholly owned by Envision Health Care (“EVHC”). All debt is held by that

parent, which debt is significantly less than when the company went public.

EVHC accelerated payment on its debt, which allowed it to restructure its

remaining debt at lower rates. It has had no problem with its ability to pay this

debt. Id., 1:41:55; see also, 2:58:30.

MM. Bartus was asked to discuss the fact that GVFD considers there to

be no true financial impact through its using the 24 firefighters it is already

paying for, only adding 4 additional employees to the “true” ambulance transport

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expenses. He characterized this proposal as “unrealistic” and “unreasonable”

and said that he could not follow that math. Id., 2:17:22.

NN. He has a “fundamental problem” accepting this proposition. If

GVFD uses existing resources to staff its 24 an hour a day, 7 day a week, three

ambulance operation, it will not have sufficient employees to provide fire

suppression services. Or, if it has a motor vehicle accident that requires a fire

truck and two ambulances to respond, there will be no staff for the third

ambulance. Id., 2:59:30.

OO. Bartus “fundamentally” disagrees with GVFD’s hypothetical

proposition that the only labor expense that should be considered in connection

with the ambulance revenue projections is four full-time employees ($360,000).

Id., 2:22:50; 2:24:49.

29. Thomas O’Donahue (second witness, Thursday, 10/30/14 p.m.,

beginning at 3:06:35; direct exam continuing Friday, 10/31/14 a.m., beginning at

0:0:52; rebuttal Wednesday, 11/05/14 a.m., beginning at 1:06:2), Chief of GVFD:

A. Chief O’Donahue wants the GVFD to start providing ambulance

transport services because he thinks it is in the best interests of the community.

He believes GVFD can provide sufficient ambulances to cover those calls, and

the community (through survey and by their comments) would like that; they are

unified in their desire. He believes this would not be a burden on the taxpayers

and would give GVFD “local control.” 10/30/14 p.m., beginning at 03:06:35.

B. O’Donahue’s professional experience is primarily in the area of fire

services, not ambulance transportation services. He described minimal

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experience in operating a fire-based ambulance service and neither he nor his

Résumé detailed anything in the way of clinical expertise. He has no clinical

training or active certifications (see, GVFD Ex. 69). Id., 3:07:55.

C. O’Donahue believes his directive from the GVFD Board was to be

a “change agent” (former Chief Hewitt was also so charged). Id., 3:12:40.

D. Current GVFD Fire Station No. 12 is on the far west side of the

district, Station No. 11 is on the east side, and Station No. 13 is to the south,

close to the I-40 corridor. Id., 3:20:11; GVFD Ex. 163.

E. Tax revenues are the district’s main funding source. Id., 3:34:40.

F. For the fiscal year ending June 30, 2011, the district had over $3.8

million in its general fund. By the end of that year, he was the Chief. A

significant portion of this money was spent on a “brand new” fire station and

training center and equipment purchases, reducing that general fund to

approximately $1.4 million and change. Id., 3:36:50; 3:41:50.

G. Over the last ten years, GVFD has experienced a significant

decline in property values (see, RMI Ex. 27, showing $161,485,514 in 2009 now

reduced to $60,574,181), which resulted in less tax revenue. This caused he

and Chief Hewitt to look for alternative revenue sources. Id., 3:42:30. Over the

last two years, there was also an increase in the tax levy, from $2.50 to $2.90

per $1,000 value of real property (the cap is $3.25). Id., 3:43:45.

H. GVFD approached their base hospital about putting together a

“community para-medicine program,” but the hospital declined, so GVFD is

“doing its own thing,” which was described as a paramedic who treated a patient

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calling that patient subsequently to find how they are doing and to see if that

patient wants then to come back out (presumably to the patient’s house) to do

things such as check medication, do blood pressure checks, answer questions

about medications, etc. Id., 3:48:00. After direct examination, when questioned

by counsel for ADHS/BEMSTS, it was established that doing this without Dr.

Ward’s supervision would be beyond the allowed paramedic scope of practice.

10/31/14 a.m., beginning at 3:05:10.

I. The Chief offered letters of support from members of the

community (GVFD Ex. 117), which letters merely stated support, as opposed to

establishing any substandard performance by River Medical or current deficits in

or problems with the ambulance transportation services provided by River

Medical (GVFD Ex. 117). 10/30/14 p.m., beginning at 3:52:15.

J. The GVFD provides many important fire, hazard and public safety

services including fire suppression, hazardous material responses (such as fuel

spills and toxic material responses), technical rescues, responses to bee or

snake incidents, and EMS first response. Id., 3:54:10.

K. GVFD does approximately 12 structure fires a year. Id., 3:54:10.

L. On average, the GVFD goes out to approximately five to six calls a

day, but has other duties including its employees studying, training, exercising,

and sleeping (they work 48 hour shifts). Id., 4:04:31.

M. The most time intensive responses are fire incidents, especially

structure fires, which can easily last an hour or two, or even four to five hours.

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Hazardous calls also take a long time as slow movement is required. 10/31/14

a.m., beginning at 0:05:43.

N. GVFD employs Captain Arnold as its own trainer of paramedics

and EMTs. His qualifications were described by the Chief as Arnold’s prior flight

medic experience, the fact that he was a Marine and swat trained, and his “long

history of teaching.” He has been with the organization for approximately four

years. Id., 0:11:06.

O. Arnold’s role in the organization was described as that of attending

meetings (local and regional EMS), teaching, and if there were “new advances,”

he would go to classes and then pass the information along. Id., 0:12:30.

P. O’Donahue did not detail any management or oversight

responsibilities Arnold might have in the event of GVFD receiving a CON (id.).

Arnold was not called as a witness to establish any facts about his clinical or

management training, education or experience. No facts were presented to

show what he did prior to joining GVFD. GVFD did not admit any exhibits

detailing Arnold’s background or experience, and GVFD’s Application also

contains no such information.

Q. GVFD employs 13 paramedics and approximately 10 EMTs; it

works on a minimum staffing of 7 employees. Station Nos. 12 (west side) and

13 (south) each have a minimum of 2 people, a firefighter and a paramedic.

Having less than 2 at either of these stations “would shut down the station.” Id.,

0:13:30. Main station (No. 11) is staffed with a minimum of 3 or 4. There is also

a daytime Captain paramedic at Station No. 11, between 8:00 a.m. and 5:00

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p.m. who can be held over. Id., 0:14:10 (see also, 10/30/14, beginning at

4:05:40).

R. O’Donahue’s detail regarding GVFD’s four volunteers was limited.

He states they are training to become full-time employees, he “believes” all are

EMT certified. If necessary, they could be looked to in order to staff a three

person response unit. Id., 0:14:40; see also, id., 2:38:20 (only 4 volunteers).

S. O’Donahue stated that GVFD does “move up” its units. If primary

Station No. 11 had a car fire, it would take a crew of three to respond. If on the

heels of that, Station No. 12 had to respond to a medical incident (meaning both

Station Nos. 11 and 12 would be empty of all their emergency response

employees), they would “move up” the employees from their slowest station

(Station No. 13) to No. 11. Id., 0:19:56. It must be noted that even with that

“move up,” under the circumstances described, this would leave only one fire

station staffed with 2 people for the whole district.

T. In discussing the fact that GVFD utilizes a separate dispatch from

River Medical, O’Donahue articulated his concern about “potential issues”

arising due to the dual systems, the perceived “opportunity for error,” but

identified no actual negative consequences or systemic problems. Id., 0:25:00.

U. GVFD’s proposed ambulance transport service model involves it

bumping up its current 7 personnel minimum staffing to just a minimum staffing

of 8, adding 4 new firefighter EMTs (not adding any new paramedics) and

purchasing 2 additional ambulances to supplement the 2 already owned. Id.,

0:40:00.

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V. Two of those ambulances will be posted at Station No. 11, one at

Station No. 13, and Station No. 12 (east side) will be used exclusively for fire. A

fourth ambulance will be stored in the “shop” behind Station No. 12. Id.,

0:41:20.

W. Assistant Chief Jack Yaeger will be in charge of ambulance

operations. His professional background (GVFD Ex. 123) states no clinical or

ambulance operation education, training or experience – it only details fire

training and experience. Jack Yaeger was also not called to testify as a witness.

However, over River Medical’s objection, Chief O’Donahue stated Yaeger’s

qualifications has having an “extensive background” in fire service, as him being

“someone who had lots of experience” in EMS and ambulance background with

the Mohave Valley Fire District. No detail was provided. Id., 0:43:10.

X. According to GVFD’s Application, GVFD stated its intent to hire a

new EMS coordinator and to use Ted Martin to run ambulance operations. See,

Osborn testimony, supra.

Y. O’Donahue also testified to the possibility of the district doing “call

backs” of off-duty employees when there are large incidents that would strain

resources. However, he did not detail how this would impact employees who

had just gotten off a 48 hour shift, how long the transportation times for these

employees might be (especially the approximately 75% of firefighters who live

outside of the GVFD area), and how this might delay emergency responses,

other than to acknowledge there was a “slight delay” in a first responder EMS

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call received at the time of a structure fire involving a Board member’s house.

Id., 0:46:20; see also, 00:51:40.

Z. He acknowledges that running ambulance transports will take

more time than simply being a first responder. Id., 0:56:10.

AA. To establish attention to ADHS/BEMSTS quality assurance

programs, O’Donahue testified to what he called an “informal” review of certain

medical incidents, by GVFD Captains, looking for improvement. Id., 0:59:10.

BB. He initially stated that GVFD is a participating Premier Agency, but

then acknowledged they are currently only a “participating Agency” and moving

forward to become a Premier Agency. Id., 1:01:30; see also, GVFD Ex. 23. He

stated they follow written protocols (generated by their Medical Director, Dr.

Ward) for time sensitive medical conditions and that Dr. Ward does run reviews,

inviting all participants to review these incidents. Id., 1:04:50.

CC. With regard to attendance at state and regional EMS meetings, he

testified that GVFD “tries to participate” in the western (regional) meetings,

stating that over the last couple of years they attended 6 out of 11. Id., 1:04:10.

DD. Recently, GVFD had an issue with not making timely payment of

its payroll taxes, which resulted in IRS fines. They found out what they thought

was the problem and gave clear instructions to correct this, but it happened

again, and they were fined again. The person responsible for these errors was

Nicole Guerrero, who was GVFD’s Administrative Manager. They removed her

from that position. Id., 1:06:55.

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EE. Nicole Guerrero has made “multiple” allegations against GVFD,

including sexual harassment and “hostile work environment.” Her allegations

are still under investigation. Id., 1:09:38.

FF. O’Donahue admitted wearing an official GVFD “certified

paramedic” T-shirt to the scene of a structure fire where he was photographing

talking to a taxpayer (he is not so certified). Id., 1:16:24. The photo was posted

to GVFD’s website and removed after a complaint. Id., 2:24:35.

GG. O’Donahue acknowledged at least one incident of unprofessional

conduct by one of his firefighters, while on duty; he is not contending all of his

employees act perfectly at all times. Id., 1:19:30. He likewise acknowledged

that during his tenure there has been at least incident that he can recall where

either his dispatching entity gave GVFD the wrong address, or GVFD itself did

not know the correct address. Id., 1:58:44.

HH. If GVFD receives a CON, and begins billing for ambulance

transports, O’Donahue does not know who will do its billing. There are different

options to consider. Id., 1:26:15. GVFD will utilize a Kingman regional dispatch,

which he characterized as a “cooperative for fire users.” He provided no detail

regarding whether this entity dispatches (currently) for any ambulance

transports, what knowledge or expertise it has and provided no information

regarding how that dispatch or relationship will function. Id., 1:26:57.

II. GVFD has no plans to remodel Station No. 12 to increase

available staff housing or add an ambulance bay. Instead, GVFD’s plan is to not

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have any ambulance run out of Station No. 12 (even though it is the second

busiest station). Id., 1:30:00.

JJ. If a River Medical ambulance is located within GVFD and needs to

go to the Bullhead City area, it would not be most efficient to head east and

pickup Highway 68. Instead, the River Medical unit would head straight through

the GVFD area, west to the Bullhead City service area. Id., 1:31:50.

KK. GVFD firefighters exercise 90 minutes a day due to the physical

demands of firefighting, and for employee health. Id., 1:31:15.

LL. In addition to their regular firefighter duties, O’Donahue uses his

full-time employees, and volunteers, to provide the wild land fire responses

GVFD contracts for in order to gain revenue. Id., 1:33:18.

MM. GVFD paramedics and EMTs work 48 hour shifts, which includes

the requirement of time to sleep. Otherwise, they would be putting patients,

GVFD employees and the public at risk. Id., 1:45:00.

NN. GVFD has received criticism from at least a couple of the district

residents over utilizing a tax rate that allowed GVFD to acquire the general fund

surpluses seen in prior years. Id., 1:34:05. In general, the philosophy and

parameters of a fire district, in a perfect world, is that of taxing to meet its budget

only, or the taxes are too high. Id., 1:35:25.

OO. O’Donahue’s discussion of his “community paramedicine” program

demonstrated his lack of familiarity with the limitations Arizona places on

paramedics – his program does not recognize those paramedics can only

operate under their Medical Director’s supervision and license. For, although

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GVFD’s base hospital turned down his request for its participation in a

community paramedicine program, GVFD is “doing it anyways” (spending

between 20 and 30 minutes, on average, for each contact). Id., 1:38:25. The

discussions the paramedics might have with their prior EMS first response

clients could include questions regarding medication. Id., 1:40:20. When asked

by counsel for ADHS/BEMSTS whether this would be under the medical

direction of Dr. Ward (GVFD’s Medical Director), O’Donahue responded in the

negative. While carefully stating the paramedics would only answer questions

within their certificated expertise, he did not back off of his position that this

could involve medication and is apparently allowing his paramedics to do this

without the supervision of either GVFD’s Medical Director (Dr. Ward) or base

hospital. Id., 3:05:10.

PP. O’Donahue agrees that River Medical has more experience than

GVFD does in the area of doing ambulance transports. Id., 1:42:14.

QQ. In general, if GVFD experiences a structure fire, its protocol is to

call out three engines. O’Donahue agrees this involves a certain cost of

readiness (to have those staffed and available). If a GVFD resident’s home

catches on fire, they will expect GVFD to show up. Id., 1:42:59.

RR. Whether GVFD will continue to act as a first responder in the event

it receives a CON, depends upon the incident. Id., 1:48:00. If it was a “minor

medical call,” which O’Donahue characterized as including a broken arm, only

an ambulance (two employees) would be dispatched. The determination of

whether or not an EMS first response was required will be made by the

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dispatcher, not GVFD. Id., 1:49:07. If only an ambulance responds, there will

be just two medical personnel on scene. Currently, every call for an ambulance

transport in GVFD receives at least four medical personnel on scene, at least

two paramedics and two EMTs. Id., 1:51:30.

SS. O’Donahue acknowledged that once a paramedic/EMT arrives on

the scene, a call can end up looking differently from what the dispatch indicated.

Likewise, he acknowledged that what appears to be a “minor medical” calls can

transition into a major medical call, on scene. Id., 1:49:07.

TT. O’Donahue agreed that if by looking at the history for a specific

area, one sees all calls for ambulance transports have been responded to within

the timeframe established by the governing agency as reasonable and

appropriate, and there has been no history of substandard performance issues

and a community decides that despite this, it wants to double the number of

ambulances normally available, this doubling would be a “luxury.” Id., 1:52:25.

UU. As examples for how long GVFD “hazard” calls might take, a fuel

leak spill on Highway 68 took approximately 30 minutes and the swift water

rescue he testified to during direct examination required GVFD to be engaged

approximately 2-1/2 hours, which incident involved all GVFD units (and all staff).

Id., 2:00:00. If at the time of that swift water rescue, GVFD had a CON and

there was one or even two calls requiring ambulances, GVFD would possibly

have to “request mutual aid” from River Medical. Id., 2:02:20.

VV. O’Donahue also demonstrated confusion regarding who could

request ambulance transportation services via a “mutual aid” request. He

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started out stating that within the last year, GVFD had requested ambulance

service via mutual aid from Bullhead City once (but was unable to give the

month, situation, or even any better location than “maybe Highway 68,” id.,

2:04:58). However, when asked whether he was stating that a fire district not

holding a CON could request an out of CON service area ambulance response),

he backtracked. Id., 2:05:50.

WW. O’Donahue testified he would anticipate a mutual aid agreement

with River Medical (even though River Medical is already certificated in GVFD’s

proposed service area). Id., 2:06:50.

XX. O’Donahue admitted there was no information indicating that

between January 2009 and July 2014 GVFD did any “hazardous responses”

that also involved a medical situation requiring an ambulance transportation

response. Id., 2:08:25.

YY. Training like that done for PaxAir takes approximately one hour on

the scene and involves at least two firefighters, possibly more. Id., 2:13:30.

ZZ. To cover employees who are on vacation or sick, GVFD only has

one “floater.” Otherwise, it has to rely upon overtime. Id., 2:30:25.

AAA. O'Donahue acknowledged using off duty personnel for training, or

if they found themselves “thin,” would involve payment of overtime, but was

unsure whether overtime payments were calculated in GVFD’s first year ARCR.

Id., 2:14:20.

BBB. While GVFD’s Station No. 12 is the second busiest, GVFD does

not plan on having a fully staffed ambulance available there. Id., 2:16:00.

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O’Donahue disagreed with GVFD’s mechanic, Mr. Sutherland, that the

intentions for GVFD’s fourth ambulance is to use it for training and

maintenance/repair. Id., 2:16:30. When asked what resources GVFD would

have in order to fulfill its three full-time ambulances schedule, if two of GVFD’s

ambulances were “down” (for maintenance or repairs), his response was that

they would have to “repair one quickly.” When asked if he might instead ask

River Medical for help, he slowly and reluctantly said that he imagined “that

could be an option.” Id., 2:17:35.

CCC. If a structure fire were to occur while an ambulance was already

out on a call, and then GVFD received a second call requiring at least two

ambulances, O’Donahue would look to a “mutual aid.” Id., 2:19:10.

DDD. With regard to the State Premier Agency program, O’Donahue

was not aware that GVFD could be filing its patient data manually, via the

website (instead of waiting for the computer issues he testified were delaying full

participation). He is “not directly managing that program.” Id., 2:22:20.

EEE. O’Donahue also did not know the amount of funds involved in

GVFD’s recent IRS problems. Whatever that amount of money was, it had been

collected from the employees and was left sitting in GVFD’s bank accounts,

rather than being transferred to the IRS. The person responsible for this error,

Nicole Guerrero, is the same person who calculated GVFD’s “zero/1” data (River

Medical ambulances available in district). Id., 2:32:20.

FFF. With regard to Firefighter DeMaio (who wrote an email to the

Director opposing GVFD receiving a CON – EMS Ex. 20), O’Donahue

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acknowledged that the discipline DeMaio was unhappy with and that O'Donahue

testified to during his direct examination occurred after DeMaio took a very

public stance against the CON pursuit. Id., 2:28:15.

GGG. The Griffith representative (Mike Hartsig) erred when he testified

that River Medical did not respond to a hazardous material incident at Griffith.

Instead, a River Medical supervisor, Chuck Waalkens, was personally at the

scene to make sure River Medical employees who were also there, on standby

(in case an ambulance was needed), were safe. Id., 2:28:50.

HHH. It is GVFD’s intention to cover 100% of all 911 generated

ambulance transportation calls in its proposed service area. O’Donahue will

instruct Kingman dispatch to send GVFD all ambulance transport calls. If GVFD

cannot handle a call, O’Donahue intends to be the one who will decide who is

then called “for mutual aid.” Id., 2:32:05. ADHS/BEMSTS clarified with

O’Donahue that the decision about contacting mutual aid partners would in great

part be cut short by the fact that the 911 dispatcher, if it knows all GVFD units

are unavailable, would then look to River Medical. Id., 3:15:39.

III. It takes more time and involves more duties to do ambulance

transportations than being the EMS first responder. Id., 2:34:30.

JJJ. GVFD has no plans to hire any additional mechanical service

employees. Id., 2:35:33.

KKK. In addition to using prison labor as an assistant to GVFD’s one

mechanic, prison labor is also used other things, including maintenance,

construction, cleaning, and washing and waxing district vehicles. Id., 2:35:33.

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O’Donahue has not explored whether there are any associated

Medicare/Medicaid implications. Id., 2:37:33.

LLL. The square mileage of the existing GVFD district, not including the

roads only addition, is approximately 177 square miles. The additional (showing

as light green on GVFD Ex. 118) area outside of the fire district that GVFD

proposes to add will more than double that, adding approximately 253 additional

square miles. Id., 2:38:50.

MMM. The “handles” that GVFD tagged onto its proposed service area

(following the highways north and south of the district), and the portion of I-40

wholly contained within the currently out-of-district but proposed in-district

service area, do contain a number of businesses including Griffith Energy,

NuCor Steel, and other clusters of businesses. Once you get beyond nearby

Grasshopper Junction (going north) and Yucca (going south), there is not much

in the way of businesses or other structures, it is instead “pretty sparse”

highway, which GVFD has not included in its proposed service area, and which

River Medical will still be required to cover. Id., 2:45:50.

NNN. River Medical offers a subscription service that covers everyone

in the household under the age of 21. GVFD will not offer this. Id., 2:40:40.

OOO. Other than a guard accompanying the ambulance on the

transport, O’Donahue is not familiar with any policies or procedures that would

be unique to the supplies associated with providing ambulance transportation

services to the local prison. Id., 2:41:32.

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PPP. Currently GVFD is not always the first to arrive on scene of an

emergency medical services call, even in its status as the EMS first responder.

River Medical arrives before GVFD approximately 20% of the time. Id., 2:43:00.

QQQ. GVFD has publicly stated it does not intend to pursue collections

for ambulance transportation services that are not covered by third party payors.

O’Donahue does not know if this applies to non-district residents or not. Id.,

2:53:30.

RRR. GVFD’s tax base has been declining ever since 2009, when the

net assessed value was $161,485,514. Within two years, it was just under

$85,000,000 and by 2014, it was $60,574,181 (RMI Ex. 27). Id., 2:56:40.

SSS. O’Donahue is unaware of any medical literature stating that

simply increasing ambulance response times will improve all patient outcomes.

Id., 3:00:35.

TTT. Other than being notified by dispatch as to whether or not a

patient requiring ambulance transport is suspected of having the EBOLA virus

and the GVFD staff then protecting themselves with proper respiratory covers,

O’Donahue could not speak to any current GVFD EBOLA identification

(patients) strategies or protocols used to notify healthcare providers of potential

patient problems. All he could say was that GVFD was “currently working with

ADHS” about how to better prepare. He was unable to identify any other

infectious disease protocols GVFD is working on. And when asked about how

employees were being trained with regard to “donning and doffing” protocols

(understanding that this was what was involved in the recent Texas EBOLA

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contamination issue), O’Donahue’s response was that he is “not getting involved

in direct training of his personnel.” Id., 3:01:14.

UUU. When asked how GVFD staff are currently benchmarking any

cardiac arrest metrics, O’Donahue was unable to respond, stating that question

would needed to be asked of Captain Arnold (who was not called by GVFD as a

witness). Id., 3:03:10. GVFD is not participating in the CARES program (see,

infra testimony of Dr. Racht for discussion of CARES). Id., 3:03:38.

VVV. O’Donahue holds no college degree. He has never been certified

as an EMT or paramedic in Arizona. He holds no current EMT or paramedic

certification from any other state. He is not a medical doctor. Id., 3:04:20.

Likewise, his CV (GVFD Ex. 69) contains much in the way of fire education and

training, but nothing in the way of medical/clinical classes or training.

WWW. When asked by ADHS/BEMSTS about GVFD’s participation in

the Premier Agency Provider program, O’Donahue stated GVFD’s intent to meet

all of that programs requirements. He acknowledged this includes submission

of electronic patient care records. He stated the issue there is with GVFD’s

internet connectivity, which he “thinks” has been taken care of. However, GVFD

has not yet acquired the required software (EPCR software). He was unable to

state how long this will take. Id., 3:08:00.

XXX. When also asked by ADHS/BEMSTS regarding attendance at

Regional EMS Council meetings, he stated that (former employee) Ted Martin

was attending, that new hire Yaeger has been charged with attendance, and

then added that he had personally attended the recent Arizona Ambulance

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Association meeting (without explaining how that Association corresponds to the

Regional EMS Council). Id., 3:09:00.

YYY. When asked by ADHS/BEMSTS to explain what the needs are in

GVFD, that might justify GVFD going into the ambulance business, O’Donahue

spoke in general terms regarding the desire for ambulances to be located within

the district (GVFD) and did not identify any specific facts showing a shortage of

ambulances or substandard service. His testimony was that GVFD does not

“have ambulances in our community” to the level that they think they really

should, River Medical only arrives before the first responders 20% of the time,

he thinks this is an unacceptable gap in coverage for the community. He added

his “worry” when he sees one River Medical ambulance sitting at a gas station

for hours (worry about employee fatigue and no other ambulances being “in the

community” for a second call). He believes when there is a second River

Medical ambulance in community, it “often is pulled out for long distance

transfers. However, none of this involved a description of any statistics or

incidents showing any River Medical failure to provide a timely and appropriate

ambulance transport response. Id., 3:10:23. He elaborated on his desire to

personally have control of ambulance transports. He wants local accountability,

which he believes is the equivalent of a “more reliable service.” Id., 3:12:14.

ZZZ. BEMSTS requested a GVFD Board resolution acknowledging that

according to BEMSTS’ analysis, GVFD’s ARCR shows an ambulance service

with costs that exceed revenue that will not be profitable. Id., 3:17:40.

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AAAA. On rebuttal (Wednesday, 11/05/14 a.m., beginning at 1:06:20),

O’Donahue acknowledged that there are EMS calls where it is desirable to have

four responders on the scene of an incident. Id., 1:33:40.

BBBB. Brad Shelton was just elected to serve on his local fire district

board. Id., 1:37:31.

CCCC. With regard to the GVFD Board, one of the newly elected Board

members is a vocal opponent to the CON process. Id., 1:37:44.

DDDD. GVFD’s Medical Director, Dr. Ward, has not agreed to oversee

a community paramedicine program, and O’Donahue agrees that the

paramedics must have Ward overseeing their paramedic duties. Id., 1:40:20.

EEEE. With regard to the operations he ran in Washington State, the

one relying on volunteers had approximately twenty available, including a

certified paramedic and EMTs. GVFD has only four volunteers, none of which

are certified paramedics. These volunteers respond “at will.” They are not

required to respond. Id., 1:42:15. This four person volunteer pool will receive

preference for the new hire EMT positions if GVFD is awarded a CON (further

reducing it). Id., 1:45:30.

FFFF. At the prior Washington State operations O’Donahue ran, one

utilized two ambulances to do approximately 900 transports a year. The second

utilized two ambulances to do approximately 1,600 transports a year. Yet,

GVFD is proposing to have three ambulances in service, with a fourth backup

available, to cover 800 to 1,100 per year. Id., 1:43:50.

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GGGG. While O’Donahue contends his current staff has extra time

within which to take on additional ambulance transport duties, he does not agree

that he is currently overstaffed such that a reduction in staff would be beneficial

to the taxpayers if the CON is not obtained. Id., 1:46:30.

HHHH. In discussing how his staffing model would work if one

ambulance crew was dispatched to a hazard call, such as a downed power line,

and other ambulances were out on calls, then a fire call came in, O’Donahue

stated he would “engage mutual aid.” He would also look to “on call”

employees. Id., 1:56:49. The travel time from that “on call” employee’s home to

the location of the ambulance would increase the response time. Id., 1:58:25.

IIII. Highway motor vehicle accidents severe enough to require the

response of an engine and two ambulances do occur in GVFD. Id., 2:00:05.

JJJJ. GVFD’s only employees who are on duty 24 hours a day, 7 days

a week, are the firefighters (supervisors and administrative staff are off evenings

and weekends). This is a minimum of seven employees spread over the three

stations. If a CON is obtained that number will be eight. Id., 2:02:14.

KKKK. The National Fire Protection Association recommends that a fire

engine be staffed with at least four firefighters, in order to follow the “2 in – 2

out” rule, protecting employee safety (for every 2 individuals inside a structure,

there should be 2 outside to rescue). O’Donahue is unfamiliar with the OSHA

standards for the same situation. Id., 2:03:27. However, GVFD’s model will

have, at best, two people per fire engine. Id., 2:04:50.

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LLLL. When asked whether he would need to keep an ambulance at

the scene of any structure fire in order to self-rescue, O’Donahue said this would

be “nice,” but not required. Id., 2:05:15.

MMMM. With regard to the ADHS guidance document (EMS Ex. 1),

O’Donahue provided the following information for each of the bullet point

considerations under the public necessity determination topic (p. 3):

- GVFD’s plan for a robust, on-going benchmarking and

performance improvement process that encompasses all

components of the EMS system from dispatch through arrival:

he did not identify any benchmarking or performance

improvement process current in place, GVFD will look at all

incidents responded to and use those to set benchmarks, to

look for performance improvements when they find that

appropriate, looking for patterns, whether individual or

systemic.

- A plan to collect and submit electronic patient care reports: “we

are moving down that path.”

- A plan to adopt clinical guidelines and operating procedures for

time sensitive illnesses consistent with best practice guidelines:

all O’Donahue could say was that they would evaluate all best

practice guidelines frequently, and if they are doing a good job,

will do this less frequently.

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- A plan to initiate guideline-based pre-arrival instructions for 911

callers: O’Donahue stated this would be evaluated as well,

referencing current fire-user meetings where these issues are

discussed and their recent installation of a “pre-alert” process

(which has nothing to do with this topic). As with the former

topics, his response was perfunctory and very general. No

specifics were provided.

- Evidence of regular attendance and participation in regional

and state EMS councils – O’Donahue acknowledged they have

not attended all in the past (of the last 11, they only attended

6), but stated they would attend those regularly.

- “A plan to ensure that ambulance service will be maintained

and improved for rural communities:” no specifics were

provided other than O’Donahue’s statement that he has done

this before and will look at all aspects of how service is being

provided. No attention to any rural community outside of the

GVFD proposed service area was evident in his response.

- Assurance that GVFD’s service model will be cost effective and

not result in higher ambulance rates: O’Donahue’s response

focused on the cost to GVFD taxpayers, including his attention

to things like making sure lights are turned out, ambulances are

rebuilt, etc. Nothing was stated regarding ambulance rates or

the financial impact to anyone outside of the GVFD tax district.

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Id., 2:12:25.

NNNN. Not all of the firefighters/first responders working for GVFD live

in the district, only approximately 25% do. Id., 2:27:30.

30. Edward Racht, M.D. (first witness, Monday, 11/03/14 a.m., beginning at

0:16:30), Chief Medical Officer for American Medical Response:

A. As Chief Medical Officer, Dr. Racht is the physician who

collaborates with AMR’s clinical and operational employees on clinical issues

related to delivery of care, as well as strategy and protocols involving clinical

evidence in and out of the hospital environment, in the Emergency Medical

Services (EMS) environment, and the dispatch environment. Id., 0:17:05.

B. AMR does approximately 3.2 million patient transports per year.

Id., 0:18:07.

C. Dr. Racht established his clinical qualifications in the EMS area, as

summarized on his Résumé (RMI Ex. 13), including medical licensure in two

states, his doctoral degree, and his career path that quickly led to a

concentrated focus on pre-(out of) hospital care such as system design and

developments, and all clinical components. He became AMR’s Chief Medical

Officer in 2010 and serves on many committees and boards related directly to

the clinical aspects of pre-hospital medicine. Id., 0:18:32.

D. Racht’s position requires him to stay up to date on pre-hospital

medicine science and trends. Id., 0:25:45. His role is to help develop

consensus on the evidence, to identify when the evidence changes and how it

may be applicable to EMS, and then work with his colleagues to develop

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protocols, quality assurance, education, and practices so that all AMR

practitioners have access to the very best available evidence and protocols. Id.,

0:25:10.

E. As part of this, he helps create and maintain standards, helps

creates policies and protocols necessary to maintain awareness of clinical

evidence as concepts evolve. He assists local medical directors in creating

benchmarks to maintain performance standards of local units, and also looks to

those local units to help the national knowledge and assist in developing best

protocols, giving the example of AMR’s recent involvement in developing

policies and protocols associated with the transportation and care associated

with patients known to or suspected of having EBOLA, which includes protocols

associated with “donning and doffing” equipment. The goal is to have all AMR

employees be prepared. Although there are few anticipated EBOLA patients,

the implications are big. Id., 0:26:45.

F. AMR has developed practices and policies for its individual

business units, including River Medical, with regard to potential EBOLA contact,

including specific guidelines from the 911 dispatch point on down the line. This

includes video education programs. All of these practices and policies are

consistent with information/guidance from the National Center for Disease

Control (“CDC”). Id., 0:32:55.

G. AMR shares the knowledge it develops on a national basis, not

only with AMR employees and business units, but also with anyone else who

wants to access the information. Id., 0:35:38.

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H. Dr. Racht does on occasion become involved with local business

units, depending upon what the local practice wants or if the organization sees

data indicating a greater need for education or follow-up. Id., 0:36:29.

I. The cornerstone of AMR’s best clinical practices philosophy is that

of operationalizing evidence based practices. The science of the clinical

practice is usually the easiest part. For example, everyone knows that EBOLA

is spread through direct bodily fluid contact. Knowing that science, the evidence

will direct how practitioners should proceed. The “art” is how to make that

happen. This is “operationalizing” an evidence based practice. Id., 0:39:35.

J. EMS medicine has greatly evolved from what was considered

simply a transport service in the 1980s. A good example comes out of Arizona,

which set the “gold standard” for practices that improve cardiac arrest survival in

the pre-hospital context, thereby decreasing mortality rates and changing the

outcome of a cardia arrest by integrating with healthcare systems, and making

sure the patient is taken to the right place with the right therapy. Id., 0:40:30.

K. EMS medicine is no longer simply a vehicle (ambulance) moving a

sick patient to an emergency room. It has become mobile healthcare, which has

improved morbidity and decreased mortality. Id., 0:42:30.

L. AMR works in partnership with the American Heart Association

(AHA). Other than the VA, AMR has the largest AHA training center in the

country. Id., 0:43:07.

M. AMR’s pre-hospital providers see an estimated 10% of the nation’s

cardiac arrest patients. Id., 0:43:30. This dovetails with AMR’s involvement in

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the CARES (Cardiac Arrest Registry to Enhance Survival) program, which

involves a registry that focuses on interventions that make a difference, and

survival trends. Participation is voluntary. It requires the introduction of

information into the registry from the pre-hospital setting through to the hospital,

which enters information regarding neurological survival. The purpose is to lay

out data, to look at a community and see what can be improved, who is doing a

good job, what is enhancing surviving. AMR has committed all of its business

units to participation, including River Medical. This allows a summary

assessment of a practice. For example, if it is seen that there is low bystander

CPR assistance, this can be addressed. This allows fine tuning of a practice.

Nationally, CARES has increased cardiac arrest survival. Id., 0:44:38.

N. RMI Ex. 14I contains AMR’s CARES data for 2012. The second

page shows national group data, and then compares it to the AMR business

units’ performances. Looking at the national data allows each individual AMR

business unit to benchmark itself against national averages. Id., 0:48:17. Over

the past three years, AMR, as a whole, has exceeded the overall national

CARES data statistics for neurologically intact survival rates. For the past two

years, it has exceeded the bystander CPR initiated rate. Id., 0:49:40.

O. AMR has focused on improving data collection, at the local

business unit level, as it relates to things that matter in pre-hospital medicine.

Three years ago, as part of the evolution of EMS, AMR realized it needed to

evaluate its ability to provide care based upon what the evidence suggested was

appropriate. It spent approximately 1-1/2 years using internal and external

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statistics to identify where EMS could make a difference, what data should be

captured in order to help benchmark this, and how to focus its efforts to improve.

It ended up with a list of “things that matter.” These are disease or injury states

where EMS can reduce mortality, areas that have specific interventions

available, and areas that are measurable. AMR focuses its EMS efforts on

these. Local practices are able to benefit from this national effort. Id., 0:50:45.

P. Those “things that matter” are ensuring safe patient care and

transport, cardiac arrest resuscitation, reduction of pain and discomfort, safe

and effective maintenance of airway and ventilation, relief of respiratory distress,

recognition and treatment of STEMI and stroke, and effective and timely trauma

care (see, RMI Ex. 14B). One example is pain management. AMR discovered

that using a single measurement of pain was not optimal. A second

measurement was needed to see if pain was being reduced. Two scores for

pain and discomfort are now required of all AMR business units. Id., 0:53:15.

Q. AMR’s focus on patient safety includes effective documentation

of communications when a patient is transferred from one healthcare provider to

another. Id., 0:57:48.

R. RMI Ex. 14E details the result of a spring 2014 patient experience

survey (mailed out to 2,000 patients) showing local AMR business units out

performing their state averages in patient experience ratings, including very high

ratings respect, politeness and overall communications.

S. RMI Ex. 14F summarizes AMR’s role in national CPR training.

This is important because the impact of bystanders in saving lives, in sudden

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cardiac arrest contexts, is “huge.” This makes “chest compression only” CPR

important. Id., 0:59:05. AMR believes that if it can train the public, on a large

scale, it can make a big difference. AMR decide to take one day and do a

“world challenge,” seeing how many potential bystanders could be trained. In

2013, 54,349 were trained. In 2014, 59,286 were trained. No other organization

is doing this volume of training. Id., 1:02:05.

T. AMR is using the CPR world challenge data to create competition

between its regions, and to let all of them know where they stand with regard to

others. Id., 1:04:45. AMR’s participation in this program led to a prestigious

award from the business community – the Silver Stevie Award, which is a

corporate social responsibility award (see, RMI Ex. 14H). Id., 1:06:00.

U. River Medical trained 1,805 individuals during the recent 2014

national CPR challenge (see, RMI Ex. 14F, at Bates No. 0277). Id., 1:13:03.

V. Racht addressed the suggestion that first responders “handing off”

patients negatively impacts River Medical’s ability to provide the best clinical

care. He testified that everywhere in medicine – whether it be an operating

room, a clinical setting, or EBOLA Case No. 1, the “hand-off” is a normal part of

the healthcare encounter. Medical professionals understand that “hand-offs”

require communications, both written and verbal, to identify to the next level of

care those things that the next provider should pay attention to and be aware of.

“Hand-offs” are necessary and good, as the patient is usually going to a higher

level of care. Id., 1:06:50.

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W. There are steps taken by trained medical professionals to ensure

that transfers in the pre-hospital environment are done appropriately. This

involves three things: verbal communications must be organized and directed at

the appropriate individuals; there must be documentation (either written or

electronic), and there must always be validation by the receiving professional,

who should be doing his/her own confirmation. This last step also allows the

receiver to measure any change through their own analysis. Id., 1:08:54.

X. Racht also addressed the suggestion that increasing ambulance

arrival times would necessarily increase clinical benefits. EMS operated for a

long time under an 8 minute, 59 second response time standard for urban

environments (looking to meet this 90% of the time), which is not applicable in

rural or “frontier” environments (the appropriate standard there would be set by

the local community - in Arizona, ADHS). Id., 1:14:08. There is also literature

stating that in the sudden cardiac arrest situation, having some sort of first

response in an under 4 minute timeframe will have an impact on morbidity and

mortality (often this is bystander CPR or use of a defibrillator). However,

published material shows that the response interval does not necessarily

correlate with improved outcomes as EMS practitioners long believed. Racht

thinks there is a response interval “out there” that will define morbidity and

mortality changes for different diseases or physical states. EMS practitioners do

not yet know what specific response intervals make what kind of a difference.

Id., 1:18:10.

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Y. With specific application to an entity proposing it might respond

one or two minutes faster, Dr. Racht could not say that this would improve

morbidity or mortality rates without looking at the specific data associated with

specific conditions that were felt to not fit into the current response interval.

Without this kind of specificity, simply increasing response times cannot be

stated as definitely having an impact. Id., 1:19:50.

Z. On cross-examination, Dr. Racht was asked to speak to a report

marked as GVFD Ex. 147. However, that report is not directed at the pre-

hospital medicine environment. The issues it address occur within hospital

systems, in connection with doctor to doctor/nurse transitions. Id., 1:28:47.

AA. Racht’s responses to GVFD’s questions about whether or not he

could disagree with certain propositions were not equivalent to him stating that

he believed GVFD was engaging or not engaging in any of the practices

inquired about. He does not know of any GVFD medical providers, or what their

protocols or approaches are. He cannot comment on whether these are proper

or not. Id., 1:29:20.

31. John Valentine (second witness 11/03/14 a.m., beginning at 1:31:30,

with testimony continuing into 11/03/14 p.m., beginning at 0:2:25), General Manager

for River Medical, established the following facts:

A. Valentine has lived in Lake Havasu City since approximately 1984

and has extensive training and experience in EMS, including holding ambulance

transportation service management positions in both the fire based transport

context as well as in the private sector. He has familiarity with the River Medical

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organization going back to 1984. He continues to be certified in Arizona as a

paramedic. All of his EMS management experience has been in the western

(central) Arizona area. He worked with River Medical both before and after

AMR’s purchase. 11/03/14 a.m., 1:31:30.

B. When AMR acquired River Medical, he became the General

Manager (in approximately 2008) and has been River Medical’s General

Manager ever since. He also is currently the manager for AMR’s operation in

Blythe, California. Id., 1:42:00.

C. Prior to AMR’s Applications for Pima County and Maricopa County,

John Valentine also served as AMR’s General Manager for all of New Mexico,

oversaw a proposed start-up company in New Mexico, which serving as General

Manager for both River Medical and Blythe operations. Id., 2:01:57.

D. Valentine’s boss is the Regional CEO, Leslie Mueller. The

General Manager position is like that of a fire chief. He works with senior

leadership, which includes his Operations Manager, Brad Shelton, to benchmark

River Medical from a financial and clinical status perspective. He works with

partner fire districts including Lake Havasu City and Kingman, Arizona. He

helps develop the operations budget by working with AMR’s Regional Financial

head – Rich Bartus. Id., 1:44:00.

E. Working with Dr. Racht, he assists in getting clinical information to

River Medical staff. Racht is very accessible, even though he is “a big deal.”

Access to Racht’s experience and guidance is one of the benefits associated

with AMR’s acquisition of River Medical. Id., 1:44:50.

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F. Other benefits River Medical received through the AMR acquisition

are the general abilities to benchmark itself, from a clinical perspective, against

other operations, greater purchasing power through the benefit of the larger

organization, and access to the national fleet. AMR has approximately 4,500

ambulances throughout the country, lots of knowledge about mileage

implications, maintenance, and other issues associated with fleet maintenance.

Before AMR’s purchase, Valentine had not seen any new River Medical

ambulances for quite some time. Since AMR’s purchase, River Medical

receives between three and five new ambulances each year. This year they

also received a four-wheel drive ambulance. Given the geography that River

Medical covers, they put a lot of miles on vehicles, running just under 1 million

miles altogether last year. Getting new vehicles into the system is very

important. Currently, River Medical has approximately twenty-nine ambulances

registered (because they just received some new ones and got rid of some old

ones, he was not able to state a precise number). Id., 1:46:02.

G. When AMR takes a vehicle out of service, those old units are not

just sent to other AMR business operations. Sometimes they are donated or

sold. If they are in good condition, they will be inspected/repaired and then sent

to AMR’s FEMA fleet, which does not incur the mileage a vehicle would incur at

River Medical. Id., 1:49:25.

H. Other benefits of the AMR ownership include access to mapping

(GIS) expertise, ability to work with a system status management/deployment

expert (Doug Jones), the ability to reach out to other colleagues and obtain peer

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review through other general managers, and access to individuals at high

leadership levels, including AMR’s President, Edward Van Horne. AMR

provides Human Resources (HR), legal, billing and other “backside” support.

Id., 1:51: 38.

I. River Medical built different response zones to aid its dispatchers

in assigning ambulance transport units by zone. This lets them look closer at

response times. However, these are not built around fire districts. They are

broken into different population areas. Id., 1:54:04.

J. River Medical’s certificated response times (RMI Ex. 1 – CON) are

mandatory minimums. River Medical has always met these mandatory

minimums since being owned by AMR. Because the mandatory minimum

applies across the entire area, River Medical decided to look at different

population areas, by establishing zones, in order to see if response times could

be improved. Id., 1:55:50.

K. The River Medical service area (RMI Ex. 2B) covers approximately

9,008 square miles, despite a prior website statement of a much larger area,

which was based on the prior owner’s representation as apparently related to

upon their mutual aid coverage of a large remote California area. Id., 1:59:58.

L. The large geographic area covered by River Medical was

described (referencing RMI Ex. 38A). It bumps up against three different Indian

reservation areas that, while not included in the CON service area, are locations

that River Medical does provide ambulance transport services to. It contains a

few population centers, including Kingman, Lake Havasu City, the Yucca Fire

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District and GVFD. However, much of the service area is very rural. Other than

special event contracts, River Medical does not have any dedicated ambulance

transport units for any particular area other than the Chrysler Proving Grounds

adjacent to the Yucca Fire District, where one unit must always be stationed (it

cannot be pulled out). River Medical does a fair number of transports out of the

prison located close to GVFD. It does some ambulance transport work in the

area of the Grand Canyon Skywalk (outside its CON area). Id., 2:03:44.

M. River Medical provides significant mutual aid to the Lake Mohave

Ranchos Fire District (which also holds a CON). At one time Lake Mohave had

three ambulances to cover the large geographic area and approximately 500 to

600 calls per year. But due to declining revenue sources, and otherwise “falling

on bad times,” the fire chief was let go, along with all other department

management. The local county had to pay over $1 million to help the fire district

make its payroll. It scaled back its ambulance transport operation and currently

only runs a skeleton crew and one ambulance now. As such, River Medical has

done approximately 65 ambulance transports (year to date) either because Lake

Mohave had no ambulance available, or was operating at a below ALS level.

Id., 2:14:50; see also, id., 2:49:40. River Medical has had to turn down some of

those transports because it had no ambulances available and then Lake

Mohave had to use a helicopter transport. Id., 1:00:20.

N. All mutual aid to Lake Mohave Ranchos is 911 generated calls, no

IFTs are run out of that area. Id., 2:49:40.

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O. In the early 1990s, the GVFD area was served by a company

known as “STAT Ambulance.” That company shut down overnight and left the

area. River Medical’s owners were asked, either by BEMSTS or GVFD’s Fire

Chief, to do the ambulance transportation service on an emergency basis. River

Medical then went through the regulatory process to include the area in its CON.

Initially, River Medical shared some staffing and housing with GVFD. Then,

River Medical purchased a building to use as a station (2 ambulances were

stored in a single location). 11/03/14 p.m., 0:5:30.

P. The GVFD area, not including the roads that were added as part of

its recent expansion, is 177 square miles. The additional area it proposes to

include in its service area is 235 square miles (more than doubling the district

area). Id., 0:48:57.

Q. River Medical participates in two different forms of mutual aid –

either calls generated through the 911 system, or IFT. In Bullhead City, it

provides two ambulances for the annual “tube float,” as well as a rescue boat.

They share a mutual aid 911 agreement. River Medical does IFT transports

within the Bullhead City area when Bullhead City does not have enough units. It

does the same for the Mohave Valley Fire District. As of the end of October

2014, between those two areas, River Medical has done approximately 75 IFT

transports. To do this, the CON holder in each area must request River Medical

to respond. These IFT transports are important, because the patients are

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usually going to a higher level of care. Id., 0:07:55. The Bullhead City area

mutual aid transports are more than 90% IFTs. Id., 1:07:00.

R. If River Medical is traveling to the hospital in Bullhead City’s area,

the closest ambulance will usually be in the western part of GVFD. If an

ambulance is pulled out for that purpose, River Medical’s usual process would

be to move units within the general area such that staffing is brought back up to

approximately two units in GVFD. Id., 0:10:30.

S. If GVFD obtains a CON, it is likely that the area would not support

River Medical locating two or three ambulances there, depending upon volume,

River Medical would probably only post one ambulance to that area. This could

impact River Medical’s mutual aid responses. Id., 2:32:00.

T. River Medical’s investment in the community is not just the

ambulance transport services it provides and the national CPR challenge Dr.

Racht detailed, River Medical covers a large area with many deserving

community organizations and it tries to do the best possible community

outreach. This includes “tons of breast cancer awareness” work, golf

tournament sponsorships, and sponsorships in parades. River Medical used to

be active in GVFD area parades. Several of the River Medical staff are active in

their local chambers of commerce or other local civic activities. Id., 0:12:00.

U. Photographs were admitted into evidence showing some of these

civic activities, including River Medical’s entirely pink breast cancer awareness

ambulance, activities with the “Kingman Boomers” raising money for its Fourth

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of July celebration, and a billboard with part of the Kingman and Golden Valley

crews showing their community pride. Id., 0:14:34.

V. The area served by River Medical has access to a River Medical

devoted bariatric truck, specifically designed to transport “morbidly obese”

individuals. Without this, these patients are transported in an unsafe manner.

They are difficult to take care of and have unique medical issues associated with

their weight. Before River Medical’s dedicated unit, the closest bariatric

ambulance was located in Phoenix, and was used a lot, meaning it was time

consuming to access it for patients. All River Medical crew members are trained

on how to use the bariatric vehicle and its special features. This provides

greater safety for the patient and the ambulance crew, as well as providing the

patients the most dignity and equipment for their special clinical care issues. It

is strategically stationed in Lake Havasu City, which is the most central River

Medical location. There would either be a supervisor or associate supervisor

available, at all times, to bring the bariatric unit to the necessary location. Id.,

0:20:30.

W. Valentine disagreed that River Medical only placed a second

ambulance in the GVFD area once Chief Hewitt let them know GVFD would

pursue a CON. GVFD already had two ambulances housed in one station

within GVFD. After speaking with Hewitt, who expressed “mild” concern

regarding response times, Valentine looked at the issue, and ultimately decided

to add a second station. This probably took at least six months. The lease was

signed November 9, 2010. However, at the time Hewitt became the GVFD

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Chief, River Medical had already designated (not dedicated) two ambulances to

that general area. Id., 0:24:25.

X. Chief O’Donahue never told Valentine that he believed River

Medical had some sort of a systemic deficiency in the service it provided to the

GVFD area that he wanted remedied. In fact, Valentine asked him that question

and O’Donahue would never answer. Id., 0:34:10. This does not mean there

have not been isolated issues of concern regarding employees, from both River

Medical and GVFD, being rude or having other minor isolated issues. These

have always been addressed by both sides. Both GVFD and River Medical

employees work in high stress environments and Valentine/O’Donahue cannot

be present with every employee at all times. Id., 0:35:12.

Y. The email that Valentine sent to O’Donahue with particulars

regarding estimated costs (GVFD Ex. 77) was given in response to a request for

estimated costs. Valentine could not pull just the fire district area (because River

Medical has not built programs to allow that level of detail to be easily extracted,

pulling GVFD district area only would be very time consuming). This information

was plainly provided as an estimate. Id., 0:29:20.

Z. Early on, it was made apparent to Valentine that GVFD was

determined to obtain a CON “at any cost.” This led to communications back and

forth through email instead of phone calls, everybody watching what everybody

else said, etc. Id., 0:36:30.

AA. Valentine would not be comfortable having River Medical use

prison labor in any part of its ambulance transport services, from maintenance of

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vehicles through to billing and collections. This is because these people are

convicted felons. Cellphones are a big issue with the prison and allowing

prisoners access to ambulances or supervisor vehicles might allow access to

cellphones, as well as sharp objects and other escape issues. Valentine is also

concerned about patient information, as identity theft is a big issue.

Ambulances have narcotics (and non-narcotic drugs) which are locked, but in

the day-to-day ambulance operations, the vehicles are open. Medical

equipment could be used as weapons (needles or other sharp objects). Id.,

0:39:00.

BB. Valentine would also be concerned about River Medical’s ability to

bill Medicare if prison labor was used anywhere in the organization, because

protecting patient medical information is a large issue. He would look to AMR’s

corporate and legal compliance departments for guidance. Id., 0:43:15.

CC. All River Medical employees have background checks done before

they are hired and Medicare requires a certain screening also. Id., 0:44:11.

DD. Since AMR’s ownership of River Medical, Valentine is unaware of

any time River Medical was unable to make a reasonable and appropriate

response to a request for ambulance transport services with GVFD. Such

responses have not always come from inside the GVFD area. Id., 0:45:15.

EE. The incident Linda Vanik’s husband spoke of has its response and

arrival times documented in RMI Ex. 33A, which is a true and accurate redacted

copy of the actual patient record. As 33A indicates, Mark Vanik’s recollection of

the response times was not accurate – it only took 13 minutes. Id., 0:45:50.

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FF. Valentine has done ambulance transport service for both fire

based and private providers. He disagrees with former Chief Hewitt’s

characterization of ambulance transportation being something GVFD is already

doing, as if nothing was going to be added to the first responder duties. With

regard to the time involved, the EMS first responder portion is the shortest.

Transporting to the hospital usually takes longer and how long they must be at

the hospital depends on how busy the hospital is, whether they can find a doctor

or nurse to sign off on the necessary paperwork, how long it takes drugs to be

restocked, etc. Id., 0:50:25.

GG. Valentine’s ultimate goal is for management relationships to move

forward, past the hearing and CON process so that together GVFD and River

Medical can continue building their EMS system for the benefit of its users. Id.,

0:55:00. River Medical staff is somewhat anxious. If GVFD obtains a CON,

some of the River Medical staff is likely to lose their jobs. Id., 0:58:09.

HH. If GVFD obtains a CON, River Medical will still serve that specific

area, because of its CON. Valentine disagrees that GVFD will be able to handle

100% of the calls. River Medical is opposed to GVFD’s CON request because it

sees no need for an additional provider. The GVFD taxpayers are currently

served by a company that benchmarks itself on a local, regional, and national

level. River Medical provides high quality, high speed 911 service at no cost to

anyone other than the person using the service. Valentine is currently dealing

with a fire district (Lake Mohave Ranchos) that tried the same thing and failed.

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River Medical has put a lot of assets and jobs into the area, and performs at a

high level. Id., 0:57:05.

II. River Medical has no one to call for mutual aid, it only provides

that service. Id., 1:09:14.

JJ. River Medical’s zones are dynamic and change with the system’s

needs. Id., 1:16:25.

KK. At River Medical’s peak deployment, it runs sixteen or seventeen

ambulances. This means there are twelve to thirteen other River Medical

ambulances available for routine maintenance, repairs, “out of service” issues,

or to pull into the system as extraordinary resources. Id., 2:04:44.

LL. River Medical does provide each of its ambulances with a mobile

phone and often the employees have their own. While it is not normal for a

mobile phone to be used to dispatch, it could happen if the radio was broken or

if there were extremely high radio traffic. Id., 2:17:10.

MM. While three calls for ambulance transport services occurring

simultaneously does not occur every day in GVFD, it does happen. Id., 2:23:35.

NN. With regard to River Medical deployment, the company is looking

at this daily. Then, every six months it looks at its entire CON area as a whole,

looks at response times, what is best for the customer, and then discusses

possible deployment shifts with the River Medical team (including Doug Jones

and his AMR team). Id., 2:33:40.

OO. Before Chief Hewitt came to GVFD, River Medical had a very good

relationship with Chief Balboa and also never heard of any problems associated

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with River Medical’s response times (to GVFD’s area) or anything like that.

When both Hewitt and O’Donahue started saying they wanted three dedicated

ambulances, this was “news” to River Medical, so Valentine asked for the

reason why three dedicated ambulances were needed in the area. No response

was ever given. Id., 2:35:20; see also, id., 2:48:50.

PP. River Medical uses historical data to build its deployment models,

including IFT transports. River Medical runs approximately seven to eight IFT

transports per month out of the Bullhead City/Mohave Valley area. Id., 2:52:53.

32. Steven Athey (first witness Tuesday, 11/04/14 a.m.; beginning at

0:01:04), owner of Healthcare Visions, established the following facts:

A. Athey is an EMS consultant, who began his work in the area in

1976, as an EMT, then a paramedic. He moved on to managing a Texas

operation, then a public utility (an ambulance service operated under

government oversight) based operation in Kansas City. Next, he operated a

private ambulance company in Las Vegas. Athey then continued holding upper

management positions (CEO and Regional Vice President) for companies in

Texas and California (encompassing operations also located in Washington

State, Hawaii, Oklahoma and Arkansas), the last being with the Rural/Metro

Corporation. After the Rural/Metro position (ending in 1997), he started

Healthcare Visions. He holds a Bachelor of Business Administration, and a

Master of Business Administration. He is adjunct faculty at Texas Wesleyan

University, and previously was adjunct faculty at the University of Maryland.

Through Healthcare Visions, he focuses primarily upon ambulance services,

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working mostly with private ambulance transportation companies. Over the last

10 to 15 years between 15% and 25% of his business has been with

governmental entities (public fire departments/hospital districts). AMR is an

important client of his, accounting for approximately 10% to 15% of his

business. However, he also works for AMR’s competitors (see also, RMI Ex.

18A and 18B). Id., 0:01:42.

B. Athey was asked to review Osborn’s “Community Needs

Assessment” and render his opinion as to the effectiveness of this document as

a true assessment of need. Id., 0:09:27. No one told him what opinion or result

to try and achieve. He received the document “cold,” and read through it in

detail before discussing it with anyone. Id., 0:10:00. He reached his opinions

on his own. Id., 0:10:19.

C. While Athey said he could go through the entire document and

comment on many parts of it (id., 0:18:30), he offered some discrete

observations before getting to his overall opinions. Id., 0:11:20. These included

the following:

- At the second page of the Needs Assessment (GVFD Ex. 1 –

0128), the document discusses the “low income and educational

levels” of the community. Athey found this very unusual. Things

like this caused him to question how the document was developed,

and what the ultimate outcome would be. Cost effectiveness is

needed at all levels of income and education. Id., 0:14:25.

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- At the very bottom of the second page and on to the third (GVFD

Ex. 1 – 0128 and 0129), the document references long automobile

trips that the residents might need to make. This was remarkable

because from data (facts) one should be able to know if the area

has more accidents occurring, statistically, than other areas in the

state. However, the document contains no data, the statement is

in the demographic section when it has nothing to do with

demographics. If a “needs assessment” is going to be

based upon a notion like this, he would expect to see the

statement supported by facts showing whether there was a

higher percentage of accidents in the area. Id., 0:16:04.

- Also on page 3, under “Research Methodology,” the document

defines “unmet need” as including “the difference between the

level of service currently being provided and the needs as

expressed by the population of Golden Valley.” This is “an

incorrect statement.” Under no circumstances would this be a

definition of “unmet need.” Instead, “unmet need” would be the

“difference between the present standards already in place and

the actual performance of the system.” If there is a huge gap

between these, then you could suggest an unmet need exists. But

to say need is defined by the opinions of the area’s population is

“just erroneous.” Id., 0:17:32.

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- Also on p. 3 of the document, in addressing “adequate ambulance

coverage,” the second sentence under “Response Time and

Reliability” references the leadership of GVFD saying the area is

best served when there are three operational and available

ambulances dedicated to the area, or at least a minimum of two.

This does not make sense. It is either one or the other, but the

document never takes a solid position on that. Id., 0:18:43.

- On the third page, last paragraph, it references the Chief

emailing himself when he sees zero or one ambulance available in

the district. Throughout the entire document, and its survey tool, it

is never clear what is meant by this “zero or one” availability

standard. An ambulance transportation company serving an entire

system could find itself with zero or one ambulance available

within a specific area, but “that doesn’t mean that they are

unavailable for response.” “Ambulances cross arbitrary geo–

political lines all the time when in a bigger system.” Id.,

0:19:08.

D. As a person who does ambulance transportation needs surveys,

Athey found the underlying survey (oral and written) to be one that “led” the

respondents. It asked for their opinions on someone else’s opinion. Athey

stated his perception that it was “one-sided,” it set a tone in the vignettes read

before each question that led to the respondents to certain answers. Id.,

0:20:50.

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E. For some of the survey questions, the answer was predetermined.

For example, the described scenario of River Medical having two vehicles,

sometimes not in the area, and then making a point of commenting that one was

in a rented property and another on a street corner was dialog “completely

unrelated to a need of a system.” After laying out this scenario, asking the

respondents whether they thought three ambulances would be better than two

was of no utility. The answer from anyone (including Athey) would be yes.

However, that “doesn’t describe a need, it describes a want.” This is especially

in the context of no information being provided, in connection with the survey,

about what adding ambulances would mean insofar as finances went. Because

of things like this, Athey found the survey to be “generally unfair” and basically

designed to the get respondents’ opinions on someone’s opinion. Id., 0:21:24.

F. While Athey is unaware of any specific studies regarding evolution

of public attitudes toward fire departments, anecdotally - both on his part and in

business across the country, he is seeing a huge “ground swell of love and

support” for fire departments. He related that those individuals in private

industry fight this all the time. Fire departments are America’s heroes and it is

very difficult for private industry to find itself on a level playing field with them

when it comes to issues about who gets certain service areas, components of a

system, etc. Id., 0:22:35. He observes that only a very small segment of the

population understands that fire departments are not free. Id., 0:24:18.

G. When Athey does a needs survey, which he has done from the

biggest to smallest ambulance service providers, he starts from the point that

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“needs surveys absolutely have to be based upon some element of objective

criteria.” While opinions and wants of the general population are important to

lay a framework for change, the general public seldom knows anything about

EMS. If one surveys a population “cold” (without this background information)

the survey becomes very subjective: “it becomes a popularity contest as

opposed to really laying out what the needs of a system is.” Id., 0:24:25.

H. Athey’s objective approach, for a needs survey, has three primary

focuses, as follows:

- The number one factor is compliance with response time criteria.

In Arizona, that is the state setting requirements on CONs. This

will be the first indicator as to whether there is a problem with the

system. It includes looking at whether the operating entity has to

engage in any “artificial” means in order to maintain response time

criteria, such as over working crews, paying a lot of overtime,

relying on “exemptions” allowed by contract, or having to look to

outside entities for mutual aid in excess of the mutual aid that the

provider is giving in return. Id., 0:25:53.

- Second, Athey will go to the local EMS medical community (the

emergency room personnel, medical directors, etc.). Delayed

response times will eventually start showing up in bad patient care

outcomes and the local ER employees and doctors will have

information about what is happening at the street level. Id.,

0:29:15.

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- Athey also looks at customer satisfaction, which can be done by

way of surveys, but ones that seek opinions from people who use

the services. He will try to identify these people and meet and talk

with them. He also looks for spikes in either customer complaints

or the veracity of customer complaints. Athey elaborated that

every system receives customer complaints. No one wakes up

and knows they are going to use an ambulance. This could be

their worse day ever and for many of these people, response times

seem longer than what they might actually have been. Because of

the unpleasant experience in general, they end up not having good

feelings about the experience. What he looks for is a change in

frequency and type of complaint. Id., 0:30:06; see also, id.,

0:33:30.

I. People do not usually hire Athey when things are going well. He

gets hired when there is a problem, to go out and find objective facts to prove or

disprove that the problem exists. Id., 0:33:10. It is very rare for him to be asked

to do a needs survey when there is not a perceived problem, especially because

a needs survey is expensive. Id., 0:52:37.

J. Based upon Athey’s review of the Osborn “Needs Assessment,”

including its survey, and his experience and training/education in the area, he

found the assessment to not be useful to assess need: “it probably does a good

job of selling a project to the citizenry, but it is of no value in the needs

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assessment, as to whether or not there is a need for additional or different

ambulance services in this CON.” Id., 0:34:57.

K. Expert witness jobs are not a predominate part of Athey’s

business. Id., 0:35:30.

L. Speaking generally, Athey believes that typically if one takes a

segment of population out of a bigger service area, it can be devastating, or at

least have some degree of financial impact, to the surrounding population

because of system status management issues, lost revenue, and multiple

providers. Id., 0:37:37. He did not specifically analyze what will happen to the

current service area if the GVFD piece is pulled out, but in general, there will be

a financial impact, it is just a matter of degree. Id., 0:41:45; see also, 0:55:25.

M. While EMS, as an industry, does not “have a ton” of published (for

example in a book) standards, there are lots of best procedures and matters

those knowledgeable about the industry do consider standards. However, these

are relatively few compared to most industries. Id., 0:51:58.

33. Douglas Jones (second witness, 11/04/14 a.m., beginning at 0:57:44),

AMR’s National Director of Planning and Resource Utilization, testified to the following

facts:

A. While Jones’ college training was in electrical engineering, he

quickly moved into EMS, starting as a firefighter, and then working as an EMT,

then paramedic. He held a field supervisor position (overseeing EMTs and

paramedics) for a company purchased by AMR. He was promoted to Chief

Operations Supervisor, helped form a “start-up” ambulance business in Pueblo,

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Colorado, and then managed that. His ambulance managerial roles began in

approximately 1992. Id., 0:58:00.

B. Jones also helps analyze requests for proposals (“RFP”) to see if

AMR can create a system designed to allow it to be successful from a response

time compliance and crew workload perspective. Id., 1:07:37.

C. Approximately two and one-half years ago, AMR’s CFO created a

new position and hired Jones to fill it. Through this position, AMR’s goal is to

share its deployment/system status management practices on a national basis

with all of its operations. Jones helped develop a software platform to launch

AMR’s demand analysis tools, so all local operations can easily access accurate

deployment information when needed. This allows everyone access to the tools

Jones has developed, through a single source. Id., 1:01: 42.

D. Jones and his team of nine have been working with all of AMR’s

individual business units to write “rules” for each of those units’ Computer Aided

Dispatch (“CAD”) systems, which includes anything meaningful for each of these

units, such as certificated response times. The “rules” allow a more intelligent

level of data usage. Through this, they work to fine tune ambulance

deployment. This allows each unit to run itself better. Id., 1:04:43. There are a

number of processes available in the industry regarding geo–spatial analyses.

These are used differently by different entities. AMR’s focus is to standardize

practices based upon the best science and mathematics available, such that

each unique AMR business unit can use the best tools consistently. Historically,

the problem has been that such “tools” were lacking in uniformity. Id., 1:05:55.

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E. Jones’ team did the initial platform training work with River Medical

within the last six months. Id., 1:17:12.

F. In working with each local business unit to design its platform, the

number one thing Jones looks at is performance standards (contractual or

regulatory – CON). This will dictate the amount of resources and how those

resources should be located and scheduled. Id., 1:08:30. The geo–spatial

analysis allows him to identify the critical level of vehicles that will allow the

desired coverage, combined with a normal demand analysis, then looking at on-

task time to come up with the number of resources (ambulances) needed. To

do this, the computer analysis allows them to examine every five minute interval

during each day, each week. This involves an incredible amount of data and is

basically a more in depth analysis than anyone else is doing. Id., 1:11:06.

G. Jones has experience with both the fire based ambulance model

and the system status management model AMR utilizes. In general, fire based

uses fixed locations and resources without much dynamic posting. The problem

with this is that EMS systems are “living and breathing,” changing every single

day. The idea of fixed locations becomes difficult if the real goal is to meet the

needs of the patients. There must be flexibility. Even a single ambulance

system can have flexibility through backup plans. Id.,1:14:05:

H. The ultimate goal, when working with any of AMR’s individual

business units, is to make sure each has adequate resources so it can

successfully meet its on-time response requirements. This is important to

clinical care (getting a timely response to the patient). However, Jones does not

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get involved in finances except for to the extent he is looking to make each unit

as efficient as possible, so that resources are always available. Id., 1:12:30.

I. The fixed resource/fire based model is designed for the

convenience of the fire personnel, to be in fixed locations, parked inside, etc. If

a system is focused on the patient, it requires more flexibility. Id., 1:16:00.

J. Shifting resources within a greater system is best for the customer

base. The cost of readiness for a “fixed resource” system is not always

apparent. An ambulance transport provider manufactures “unit hours,” that are

only good for one hour, then are lost. If a single area within a greater system

wants to become static, for example, keeping dedicated resources within a small

area, that hurts how the overall system works. While ambulances might be

assigned to a zone within a larger area, those resources can be shifted based

upon need. Jones had personal experience in this regard with a fire chief who

did not want AMR to send “his” ambulances out of the fire district. When Jones

asked what would happen if another ambulance was needed in the fire district

(beyond those assigned), the chief said he would look to pull in an ambulance

from outside of his area (informal mutual aid). Jones says mutual aid only works

efficiently if it goes both ways. Id., 1:17:05. In his opinion, as opposed to a fire

based stationary model, even with some shifting of resources between stations,

and a larger system with flexible resources, that larger/flexible system “will

always be more efficient.” Id., 1:20:55.

K. When using the dynamic system status model, it is not bad or

wrong for one section of an overall area to have either zero or a lesser number

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of ambulances available for limited periods of times. This is a consequence of

the system design seen all over the country, on a regular basis. Even using the

best science available, on occasion resources in a particular area will be

exhausted. The plan is not broken if this happens. It is broken if it happens and

there are calls waiting. Usually, when a particular area gets down to zero or a

lesser number, other resources are coming in to back fill.

L. The number of transports generated from within GVFD is a

relatively small sample size that would allow analysis of number of ambulances

needed to cover the area, but would not allow geo–spatial planning. In Jones’

opinion, the GVFD area requires approximately 1.5 ambulances to cover its call

volume. Id., 1:23:20. River Medical’s service area as a whole does have

enough call volume to do a geo–spatial analysis and planning, as more specifics

are available. Id., 1:25:45.

M. The automatic vehicle locator (“AVL”) program that AMR uses

involves a “monster volume” or “massive” amount of data when it comes to

location of ambulances, which are sampled every ten to fifteen seconds. The IT

folks only allow them to keep this for 90 days before dumping it. Id., 1:26:07.

N. Jones’ review of GVFD’s “zero one” analysis does not give rise to

a cause for concern. The graph that plots availability (GVFD Ex. 1, at Bates No.

00235), assuming the subject area requires two ambulances or less to serve the

area transports, shows a very small percentage of “zero” ambulances present.

What would be as important to Jones would be to know what resources were

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available in adjacent areas for “move up” during the “zero” period. He would

also prefer to see trending over time. Id., 1:28:15.

34. Jim Wolfe (Third witness, Tuesday, 11/04/14 a.m., beginning at 1:42:32;

testimony continues as first witness, 11/04/14 p.m.), River Medical’s Operations

Supervisor, established the following facts:

A. Wolfe primarily oversees River Medical’s dispatch center and is its

main Information Technology and data analysis person. He also oversees the

dispatch center of a second AMR operation, Life Line. 11/04/14 a.m., beginning

at 1:43:05 and 1:48:00. He came to this position through an extensive EMS

background, starting as a volunteer firefighter in 1992, then joining a public fire

department as an EMT in 1994, moving through dispatch and communication

duties in both the public and private sector, and eventually joining River Medical

in October 2009. Id., 1:44:05. Wolfe assists with computer programming and

reporting data, not only for River Medical but for a communication center that

assists operations in three different states. Id., 1:49:10. He is the person at

River Medical who is most familiar with its computer stored data. Id., 1:49:48.

B. River Medical’s “zones” began being utilized after Wolfe joined

River Medical. He wanted to improve the dispatcher’s ability to appropriately

allocate resources, with the goal of reducing response times. He looked at

River Medical’s historic (handwritten) call log information to see what units had

been used when and where and for how long. While there was no need to build

geographic “zones” for River Medical’s regulatory (response time) reporting, this

was a high priority for him. He did not want the dispatchers having to look

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through maps, etc. to try to figure out which unit to send where. He wanted

there to be a geographic allocation based upon known historical data. He

looked at the Kingman area and GVFD area as one geographical area,

containing two smaller subdivisions to be watched a regular basis. Id., 1:50:22.

C. Within the Kingman/GVFD geographic area, the Kingman section

has higher volume of calls. The Golden Valley subdivision was created on the

basis of having two ambulances assigned to be there twenty-four hours a day.

However, once that was done, Wolfe observed the volume of calls was lower

than that number justified. The Golden Valley assigned ambulance units only

used about thirty-six hours of unit hours a day, which takes one and one-half

ambulance per twenty-four hour period to cover. He went to his bosses about

this. They told him to “leave it alone.” As such, River Medical kept two

ambulance units assigned to that area, but looked at what it could do to balance

out the unused unit hours, creating a zone larger than the actual fire district, to

recognize the additional availability. This zone assignment is simply a tool for

the dispatcher to look at when identifying what unit to send. Id., 1:53:17; see

also, id., 1:54:00.

D. These dispatch zones (River Medical also uses response zones

which tell them where a call is going) are continuously changing over time, their

boundaries are being adjusted based upon historical usage. In the last five

years, the Golden Valley zone has changed about as many times. Id., 1:53:33.

E. River Medical started using these dispatch zones in early 2011.

Id., 1:58:58. There are currently five dispatch zones centered on the

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communities of Kingman, Lake Havasu, Golden Valley, Parker and Quartzsite.

The zones include some large expanses of rural areas around each of these

population centers. Some also include adjacent Indian reservation areas River

Medical serves, which are not technically included in its CON area. Id., 1:59:55.

The Golden Valley zone was reduced over time because they found that a

particular unit from the Kingman area could get to the southern part of the

Golden Valley area faster, so that portion of what was once the Golden Valley

zone is now included in the Kingman dispatch zone. Id., 1:59:55.

F. GVFD Ex. 167 shows the various posting locations available in the

Golden Valley area, and others close by. Post 50 is River Medical’s only

dedicated unit – posted at the Yucca area proving grounds. Id., 2:11:28. The

Golden Valley area available postings are Posts 33, 35 and 36 (the two sub-

operation stations) and 37. Of the Kingman Posts, Post 31 is the furthest west

and closest to the GVFD area. Id., 2:13:20. However, it is a very dynamic

system, so one cannot always say where any particular unit will be. Id., 2:15:48.

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G. Wolfe gave examples of how posting locations might change in the

area, when units went into service and became unavailable. For example, in

looking at the overall Kingman/Golden Valley area, and its two sub-areas, for

dispatching purposes River Medical knows it wants to see a certain number of

units in particular areas. He described where those units would be posted in

Kingman, depending upon number of units available. This includes a unit being

moved from the GV area if Kingman were reduced to one ambulance, with the

second assigned Golden Valley unit then moving towards the center of its area.

If Kingman got down to zero units, the one GV unit would be moved, and

another unit would then be “moved up” from the Lake Havasu area. Id., 2:20:00.

H. Wolfe talked through the same general parameters for the Golden

Valley area, qualifying this with the fact that there is not a simple answer to unit

placement, it depends upon call volume, how the system is running that day,

both locally and overall. The Golden Valley posting plan is a “starting point” but

there is also dynamic movement within that plan. If only two ambulances are

available in the Golden Valley area (sometimes there are three), one is at Post

35 and one at Post 36. If one of those gets sent out, generally the other would

be sent to Post 37 and a Kingman unit would be moved to its Post 31 (on the

western edge). If the Golden Valley area gets down to level zero, a Kingman

unit is then moved to the center of the Golden Valley area. They try to not allow

that zero coverage to occur, but it can happen. Id., 2:21:50. At the end of the

day, River Medical is managing the overall geographic area of Kingman and

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Golden Valley, while watching the two sub-areas. 11/04/14 p.m., beginning at

2:24:00.

I. GVFD calculates its response times differently than River Medical.

River Medical calculates its response time from when it is alerted to the call, to

when the ambulance arrives. The ambulance does not know about the call until

it is “dispatched.” There is an interval of time between the “alert” and the

“dispatch.” GVFD calculates its response from dispatch to arrival. As such, a

GVFD 10 minute arrival is not equal to a River Medical 10 minute arrival, GVFD

has actually taken longer. Id., 00:02:16.

J. After Mr. Vanik (NuCor Steel) testified that it took 30 minutes or

more for an ambulance to arrive for one specific call, Wolfe checked River

Medical’s records and was able to locate that call. The redacted record was

admitted as River Medical Ex. 43A. This shows River Medical arriving within 15

minutes and 2 seconds of dispatch. Id., 0:00:12.

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K. Mr. Vanik also related a call for ambulance service at a restaurant

on Highway 68. With the information given, Wolfe was able to locate the call.

Vanik testified that GVFD arrived first, followed by River Medical after 5 to 10

minutes. The documentation shows this is not true. River Medical arrived within

4 minutes and 36 seconds of receiving the call,2 at 19:43:23 (military time,

hours:minutes:seconds) and GVFD arrived at 19:44:48 (see also, RMI Ex. 43B –

showing River Medical arrival; RMI Ex. 43C – showing GVFD dispatch and

arrival, which comparison also shows River Medical as dispatching over 1

minute quicker than GVFD). Id., 0:04:40.

L. On October 23, 2014, River Medical received a call from Kingman

Fire (who dispatches GVFD) asking for an response to a call for service from a

fall victim who could not walk. River Medical’s employees asked if GVFD would

be responding and the dispatcher said they would not. While the dispatchers

did not say why, Wolfe knows that at that time, on Highway 68, GVFD was

involved in responding to a motor vehicle accident. Two River Medical vehicles

were also on that scene. As such, River Medical dispatched a unit from

Kingman to take the call. This shows the system working as it should. River

Medical had a unit “moving up” to cover the area at the time. That unit came out

of Kingman. This is the benefit of a larger system with nearby units (in a

different geographical sub-area)(see, RMI Ex. 39). Id., 0:08:58.

2 Wolfe’s calculation, in his head on the witness stand, was actually wrong. 43B shows the call taken at 19:39:47 (or 7:39, and 47 seconds, p.m.) and arriving on scene at 19:43:23 (or 7:43 and 23 seconds, p.m.). This would be 3 minutes and 36 seconds.

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M. Wolfe also researched Chief O’Donahue’s testimony that once in

the previous year he had called Bullhead City to provide an ambulance

transport. Wolfe located one incident where both Bullhead City and River

Medical responded, along Highway 68 near or on the very western boundary of

River Medical’s service area, adjacent to a mountainous area. Wolfe found

O’Donahue’s testimony “unusual.” As the only certificated ambulance transport

provider in GVFD, River Medical would have to be the one to request the mutual

aid, and Wolfe had no recollection of ever doing this. Given cell towers, mobile

phones, etc. in that stretch of highway, it is possible both Bullhead City and

River Medical were dispatched. The incident involved a person sleeping in his

car. There was no transport. Id., 0:12:00.

N. Wolfe explained how he had obtained the information and

prepared RMI Ex. 7A and B, as well as RMI Ex. 8A-F showing River Medical’s

fractile response times both within the GVFD service area during the ninety day

period identified in its Needs Assessment (May through August 2012) - 7A, the

Golden Valley zone for that same period of time – 7B, and then River Medical’s

overall fractile response times for 2011 through 2013, as well as the Golden

Valley zone fractile responses for those same years (Ex. 8A-F, respectively).

While overall CON response time reports are fairly easy to run, as are the

zones, the GVFD area-only report was extremely difficult to extract and took

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Wolfe several weeks to obtain and check for accuracy. These data runs were

compared to River Medical’s CON (minimum) response time fractiles for all 911

ambulance calls, which are as follows:

- 10 minutes on 61%

- 15 minutes on 78%

- 30 minutes on 93%

- 75 minutes on 100% (with a remote area exception)

(See RMI Ex. 1)

While the CON response times are for an annual average of River Medical’s

entire service area, all of these exhibits showed River Medical as achieving

better than its certificated minimums. For example, the fire district area

response times, for the ninety day period in 2012 chosen by Applicant as the

focus of its Needs Assessment, showed River Medical achieving much better

than its certificated response times, as follows:

- Within 9:59 min. or less – 75%

- Within 14:59 min. or less – 94%

- Within 29:59 min. or less – 100%

In contrast, GVFD’s proposed response times are as follows:

- 10 minutes or less – 74%

- 15 minutes or less – 91%

- 30 minutes or less – 99%

- 60 minutes or less – 100%

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Those GVFD proposed response times must also be considered in the context

of GVFD not calculating its response interval so as to include the time between

when it receives a call and when dispatch alerts the ambulance, meaning that

River Medical’s “better than GVFD proposed” response intervals are even more

remarkable (see, RMI Ex. 1, 7A & B, 8A-F). Id., 0:16:05.

O. Wolfe also reviewed Nicole Guerrero’s “zero/1” report and graph

for accuracy (GVFD Ex. 110). Given the limited time available, he could only

spend a week of time, and just got through one month of her ninety days. Id.,

0:34:40. From a broad stroke perspective, he saw some major errors. First, she

excluded one of River Medical’s GVFD posts. Then, when River Medical was

doing a “move up,” she immediately counted that unit as unavailable, even if it

was still in the district during its travel time. This is inaccurate because such a

unit is still available for dispatch to a call, which in fact happens. For example, if

a River Medical unit was coming from its westernmost post, it could be in the

GVFD area for approximately 10 minutes. She also did not account for the

supervisor vehicle that comes into GVFD on a daily basis, which vehicle is

always a fully-staffed ambulance transport unit, available to take a call.

Similarly, she failed to account for River Medical’s posts that are just outside of

the GVFD area, which are also available for GVFD calls. 0:35:35; see also,

0:59:41. There could also possibly be an associate supervisor vehicle fully-

staffed, in the area. Id., 1:03:55.

P. Wolfe found more specific errors, for example, units that were

moved, but still in the district and missed by Guerrero, several situations where

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the times given for availability did not match up with the true vehicle tracking

information. He noticed this because at times Guerrero’s point A to point B

transit looked way too long. He saw incidents where there was more coverage

in the area than she reflected, times she showed no or one vehicle available

when there were more. Id., 00:41:05. He decided to run a report for that same

ninety day period Guerrero looked at, to see what River Medical’s average

response times were for the days where she showed level zero. He already had

that ninety day period information segregated out (RMI Ex. 7A). He then

obtained the average response time for all calls within the fire district (as it was

situated in 2012) for days Guerrero showed “level zero”; the time period of May

15 through June 25, 2012 (he stopped there because he ran out of time). Of

those 28 reports, 1 showed no calls, 4 showed an average response of under 5

minutes, 24 showed average response times under 10 minutes and the

remaining 3 (10 minutes or greater) were all under 13 minutes 12 seconds (see,

RMI Ex. 40). Id., 1:08:29.

Q. Applying the facts he knows from his regular duties, as well as

what he saw in Guerrero’s “zero/1” compilation, Wolfe best estimate is that the

GVFD charts in its Needs Assessment that show a level zero approximately 2%

of the time are in error, and that in fact that number would sit somewhere

between 1% and 1.5%. However, this does not mean there would be no

ambulances available during that percentage of time in the fire district area.

River Medical has a “vast” fleet, and since Wolfe has been with River Medical,

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there has never been a situation where it could not appropriately respond to a

call for an ambulance transport in its CON area. Id., 0:47:59.

R. Wolfe disagrees that GVFD witness Belokas would be able to

accurately determine the precise amount of ambulances available within GVFD,

as he did rely upon much of Nicole Guerrero’s data, which is simply not correct.

Id., 0:49:56. The 1% difference between Belokas’ River Medical 10 minute or

less (response time) calculations and River Medical’s calculations (RMI Ex. 7A)

is probably best explained by the difference between how GVFD and River

Medical calculate response times. Id., 0:53:55.

35. Brad Shelton (second witness, Tuesday, 11/04/14 p.m., beginning at

1:12:59; testimony continued Wednesday, 11/05/14 a.m., beginning at 0:01:05), River

Medical Operations Manager, established the following facts:

A. Shelton oversees the day-to-day operations of River Medical and

Blythe ambulance, including managing several supervisors (communications,

operations, clinical education specialist, and various levels of leadership under

them, down to the field staff). He works directly under John Valentine. 11/04/14

p.m., beginning at 1:13:20.

B. Shelton detailed his EMS and supervisory experience and

expertise, starting with his volunteer firefighter work with the Desert Hills Fire

Department in 1995, his becoming an EMT firefighter for a small fire

department, and then quickly taking on leadership responsibilities. This includes

working with the Lake Havasu Municipal Fire Department, his becoming a fully

certified paramedic (which he still is) and ultimately going to work for River

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Medical. Shortly after AMR acquired River Medical, he was hired by River

Medical to be a field supervisor (working as a paramedic on an ambulance with

an EMT partner, with field supervisor responsibilities). As of late 2008 or early

2009, he took on his current responsibilities. He lives north of Lake Havasu City

and south of Yucca. Id., 1:14:42.

C. There are things an ambulance crew might need to do within their

substation before responding to a call (after the call is received). Optimally, this

should take no more than a minute. Id., 1:23:35.

D. It is not bad for River Medical to be posted at the Maverick in

GVFD. Street corner posting is common throughout the country. The

employees have all opportunities they might have at a station, except for

television. There is food, restrooms, and opportunities to rest and meet the

community. The Maverick is a hub of activity within GVFD. Id., 1:25:00.

E. River Medical does not currently use any 48 hour shifts, other than

for the Yuma Proving Ground dedicated unit. Most employees work a 24 hour

shift, some work a 12 hour shift. In the past, there were some 48 hour shifts, but

they have tried different versions and have found the current model (working

every other 24 hours for 3 shifts, then being off for 4 days) as optimal. This

allows staff a significant amount of time to rest between shifts, and time to do

things with family and at home. This also works with River Medical’s policies

regarding fatigue. In addition to no one being allowed to work more than 36

hours, any employee may be relieved of duty at any time if he or she is fatigued.

River Medical promotes physical fitness and rest. Id., 1:26:47.

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F. River Medical supervisors do periodically follow-up with families or

patients. While there is no percentage follow-up required, if a call comes into

the office when Shelton is present, he will personally speak with the person and

either handle it himself or assign someone. Supervisors are constantly

monitoring radio traffic and might initiate a follow-up contact themselves.

Supervisors have an ample amount of discretion in this regard. Id., 1:29;26.

G. Radio traffic is not the only source of information provided to River

Medical dispatch regarding ambulance unit availability. Absent a unique

emergency or weather situation, radio is only used to dispatch ambulances.

However, “quite frequently,” dispatch will get information regarding ambulance

unit availability in a manner other than over the radio, although that is not River

Medical’s preferred way to have it handled. For example, a crew might call

dispatch to obtain certain information it needs, and at the time say “by the way,

we are now available,” or a crew might be on route to their assigned area, might

forget to radio in their position, and then call dispatch either while en route or

when they get to their posting location. Even if a crew does not radio in its

position or call, dispatchers have real time Automatic Vehicle Locator

information/GPS and can look at that to see where the crew is. Id., 1:34:24.

H. The majority of ambulance transports done out of the GVFD area,

go to Kingman Regional Medical Center, Shelton is unaware of any (either IFT

or 911) going to Phoenix or Las Vegas. Id., 1:37:40.

I. River Medical has participated in and been responsible for large

EMS incidents. Much of its CON area is rural Arizona highways, including I-40,

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and state highways 93 and 58. In the northwest section, there are significant

tour operations. He can recall tour bus accidents and an Amtrak accident,

sometimes involving 30 or more people. At times, there is no local fire

department responding and River Medical assumes incident command

responsibility. If multiple ambulances are required, River Medical has many

options. It can look to its mutual aid partners, such as Bullhead City. It can

bring in AMR vehicles from Las Vegas to the northwest, Life Line along the

eastern edge, and Blythe and Riverside County ambulance operations to the

southwest. Id., 1:41:00.

J. River Medical has worked with the prison near Kingman to put

policies and procedures into place in order to address both the prison’s needs

and River Medical’s needs, most of which focus on safety. Shelton detailed

some of these, including having an unarmed guard ride in the ambulance, an

armed prison guard following in a chase car, special accounting for all

equipment on the ambulance, especially that which might be used as weapons

or escape items, and having the ambulance staff wait once it arrives at the

hospital until the armed guard is at the ambulance doors, in order to prevent an

escape. Staff periodically report into dispatch, and dispatch will call them if they

have not heard from them within a certain time interval. Id., 1:46:08.

K. The prison riots leading to development of the policies occurred in

approximately 2010. River Medical annually does a roughly estimated 40

transports out of the Kingman area prison. 11/05/14 a.m., beginning at

00:03:00.

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L. If River Medical arrives on scene first, at the same time, or even

within a couple of minutes of GVFD, there is no “hand-off” occurring between

the two agencies. The first minute or two usually involves pulling equipment

from a vehicle, talking to family or bystanders, etc. before any treatment is

started. Lots of times, both entities treat the patient together. 11/04/14 p.m.,

beginning at 2:00:15. When there is a transfer of the patient from the first

responder to the ambulance crew, these “trained professionals” have verbal and

written communications regarding the patient and any treatment, signs,

symptoms, or past medical treatment as well as anything that has taken place

with the providers. Then the receiver (River Medical) does its own assessment

and verification of this information. When River Medical arrives at the hospital,

the same process takes place, with the hospital being the receiver. Id., 1:58:20.

M. River Medical is on scene before GVFD approximately 20% of the

time. Regardless of who arrives first, the first responders and an ambulance

transport crew work together to take care of the patient, synergistically. No one

is standing around. Id., 1:50:50.

N. Family and friends (of patients) arrive at the hospital before River

Medical “all the time.” This can be caused by them departing the scene first, or

being so worried that they are driving faster. Or, they may have been at a

different location. Id., 1:54:17.

O. There are reasons an ambulance might pull over during a

transport, depending upon the patient’s clinical needs and road conditions, for

example, to insert an IV or do an intubation. Additionally, the majority of River

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Medical transports are not done “lights and sirens.” For the comfort and safety

of patient and crew, and or the public’s safety, River Medical follows traffic laws

unless they have a critical patient. The ride in the back of an ambulance is best

likened to that of a pickup truck. Id., 1:51:55.

P. Shelton has no indication that field staff have been unable to work

professionally and well together during this CON process. Everything he has

heard indicates that GVFD staff do not support the CON. Id., 1:55:25.

Q. Some River Medical employee live in the GVFD area. Id., 1:56:45.

R. River Medical consistently attends the western Arizona EMS

Council meetings. There is always at least one representative there, usually two

to four. For many years, River Medical has co-sponsored paramedic and EMT

refresher courses for that council. A River Medical employee, Mike Caswell, has

held a Board position close to twenty years. Id., 1:56:55.

S. Shelton characterizes Dr. Racht as a “phenomenal” resource to

River Medical. He is extremely available. Id., 2:01:40.

T. Shelton detailed the problems with GVFD’s proposed staffing

model, should it receive a CON. Given his experience and knowledge, adding

four additional employees will not allow them to continue providing the fire

services they currently provide, and also provide three full-time ambulances.

“One or the other is going to have to give.” He diagramed out the number of

employees per station for vehicles, and showed what was lacking. Because

GVFD uses three shifts (A, B & C) to cover each of its stations, it takes six

people to run one ambulance 24/7. That means eighteen to run three. If they

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are fully-staffed, fire will be lacking. Today, if there is an ambulance call in the

GVFD area, the patient will usually receive a first responder (a fire response

with two employees, one of whom is always a paramedic) and an ambulance

(two employees, at least one paramedic). If GVFD stops being the first

responder, and only an ambulance arrives, there will just be one paramedic and

one EMT on scene. While this may be okay for some calls, for many, it is not.

In addition to patient care, there are patient transfer issues. For example,

mobile homes, travel trailers, and other tight spaces make it very hard to move a

patient who is heavy with just two people. Id., 2:03:40.

U. Shelton is unaware of River Medical, since AMR’s purchase, ever

not being able to send a reasonable and appropriate ambulance transport

response. It is “absolutely” his job to know if this occurs. Id., 2:12:49.

V. While GVFD tried to create an issue with regard to River Medical’s

response to the Off Road Dinner response Mr. Vanik spoke of, implying the

ambulance came from seven miles away, so it could not have arrived in less

than four minutes, Mr. Shelton explained it is possible the crew could have put

themselves out of Station No. 35 and not told the dispatcher when they went

elsewhere. Id., 2:53:37. GVFD’s suggestion was also contrary to Mr. Vanik’s

recollection, supra, that the responding ambulance came from a station

approximately one-quarter of a mile away.

W. No specific River Medical policy directs when an ambulance must

use the radio to identify itself as “available.” Ambulances must change radio

frequencies when going from larger geographic areas to others (for example,

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from the Kingman/GV area to Havasu). Generally, the ambulances do notify

dispatch when they move within those geographically areas, but this is practice

not policy. 11/05/14 a.m., beginning at 00:04:39.

X. One cannot tell from looking at GVFD Ex. 110 whether Guerrero’s

“available in district” classification defines when an ambulance crossed the

GVFD district boundary, or arrived at its post. One would need to look at

additional information to get this. Id., 0:6:34.

Y. Ambulance “unit” numbers do not correspond to ambulance

posting (location) numbers. Post No. 33 does not equal Unit No. 33. In general,

the ambulance units assigned to the GV area are Units No. 35 – 38. Id., 0:7:34.

Z. Ambulance unit numbers do not correspond to specific vehicles.

They represent personnel, location and shift assignments. The vehicle can

change daily. Id., 0:16:23.

AA. From Ex. 110, it cannot be determined whether Guerrero’s location

of ambulance Unit No. 30 (the supervisor ambulance) had its location identified

by its assignment (Kingman) or where it actually was. Additionally, Shelton

noticed other problems with GVFD Ex. 110, including Guerrero’s identification of

a movement from Post No. 33 to Post No. 37 as a “move up” (unavailable),

which is inaccurate as both Posts are in the GVFD area. Id., 00:09:00.

BB. The AVL is one of the tools dispatchers have available to

determine which ambulance to send to a call. They also have all units in the

River Medical CON and Blythe area on a large TV screen in front of them, in

real time, and the CAD entered data containing zone and assignment

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information. The CAD recommends an ambulance, and the dispatchers look at

the AVL/TV screen to verify they are sending the closest and most appropriate

unit. Id., 0:12:17.

CC. The white areas on the map of River Medical’s entire CON area

(RMI Ex. 2A and B) could be tribal land/national wild life areas. If no CON

provider is certificated to cover those areas, someone would step in. Id.,

0:14:21.

DD. Despite Nicole Guerrero’s “zero” calculation showing 7 calls

occurring when there was no River Medical ambulance within the GVFD area,

River Medical was never unable to respond in a timely manner. If in fact there

were no River Medical units within that specific boundary, River Medical still has

several ways to respond, perhaps “even faster” out of district. Id., 0:18:05.

Conclusions of Law

36. The administrative hearing was held under the authority of and pursuant

to A.R.S. '' 36-2234 and 41-1092 et seq., and A.A.C. R2-19-101, et seq.

37. GVFD has the burden to prove, by a preponderance of the evidence, that

the proposed CON should be granted. A.A.C. R2-19-119.

38. The Director of the Arizona Department of Health Services (AADHS@) and

the ADHS have jurisdiction over this matter under Arizona Revised Statutes Title 36,

Chapter 21.1, Article 2 and A.A.C. Title 9, Chapter 25, Articles 9-11.

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39. Operation of an ambulance service in the State of Arizona requires

issuance of a Certificate of Necessity (ACON@) from the Director of the ADHS. [A.R.S.

' 36-2233(A)].

40. For the Director to issue a CON, the requirements of A.R.S. ''36-2233(A)

and (B) must be met, including submission of an Application in accordance with A.A.C.

R9-25-902 and findings by the Director that public necessity requires the service

proposed by the applicant and that the applicant is fit and proper to provide the service.

41. In order to find an applicant Afit and proper,@ the Director must determine

that the applicant has the expertise, integrity, fiscal competence and resources to

provide ambulance service in the subject service area. [A.R.S.' 36-2201(21) and R9-

25-901(24)].

42. Public necessity means “an identified population needs or requires all or

part of the services of a ground ambulance service.” A.A.C. R9-25-901(45).

43. To determine whether public necessity supports the application, the

Director is to consider the applicant=s proposed response times/response time

tolerances, population demographics, geographic distribution of healthcare institutions,

and whether issuing a CON to more than one ambulance service within the same

service area is in the public=s best interests based upon the existence of ground

ambulance service to all or part of the subject area, the response times/response time

tolerances for ground ambulance services in the proposed area, the availability of

certificate holders in the subject area, and the availability of emergency medical

services in the subject area. The Director is also to consider the application

information as set forth in R9-25-902(A)(1) and (A)(2) as well as other matters

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determined by the Director or the applicant to be relevant to the determination of public

necessity. R9-25-903.

44. Those other matters determined by the Director to be relevant include the

guidance document issued by ADHS/BEMSTS (EMS Ex. 1). This includes the

Director=s interpretation of R9-25-903 as recognizing Athat the primary focus should be

on the best interests of the public and not upon protecting the territory or property

rights of current providers in the area, though the impact on the current provider(s) of

service is one of the factors to be evaluated. The Department believes that the primary

focus for the determination of public necessity is made with reference to analyzing the

needs of the community, the adequacy of the current services provided, maximizing

the use of contemporary EMS protocols that have been demonstrated to save lives and

quality of life and ensure cost controls.”

45. According to the Guidance Document, information to be considered

includes:

- A plan for a robust, ongoing benchmarking and performance improvement process that encompasses all components of the EMS system from emergency medical dispatch through emergency department arrival;

- A plan to collect and submit electronic patient care reports

consistent with BEMSTS guidelines; - A plan to adopt clinical guidelines and operating procedures for

time sensitive illness consistent with best practice guidelines; - A plan to initiate guideline-based pre-arrival instructions for all

callers accessing 911 for assistance; - Evidence of regular attendance and participation in meeting of the

regional and State EMS Councils;

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- A plan to ensure that ambulance service will be maintained and improved for rural communities; and

- Assurance that the service model will be cost effective and not

result in higher ambulance rates.

46. In deciding whether to issue a CON to more than one ground ambulance

service for the same or overlapping service area, the Director shall consider those R9-

25-903(A) factors described above, the financial impact on existing certificate holders,

the need for additional convalescent or inter-facility transports, and whether a

certificate holder in the proposed service area has demonstrated substandard

performance. R9-25-903(B). Further, the Director shall consider the difference

between existing response times (in the proposed service area) and the applicant=s

proposed response times and a needs assessment, if one exists. R9-25-903(C).

Hearing Issues

47. Pursuant to the Notice of Hearing, the following issues were established,

and based upon GVFD=s Application package, the exhibits admitted during the course

of the hearing, the testimony of the witnesses, the issues were considered (under the

preponderance of evidence standard applied to Applicant=s burden of proof) as follows:

A. Whether public necessity requires the service or any part of the service proposed by the Applicant, and if such service would be in the public=s best interest, as required by A.R.S. '36-2233(B)(2) and A.A.C. R9-25-903.

No evidence established any deficiencies or systemic

problems with the River Medical services currently provided to the subject area. The uncontroverted evidence was that River Medical, including through its parent AMR, has considerable clinical and operational support resources, available for use in the area. Its response times consistently exceed those required by ADHS. It was also uncontroverted that River Medical has always (at least since

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AMR’s purchase of the company) been able to provide appropriate ambulance transport responses. No evidence of any problems with the quality of that service was submitted. There is no public necessity requiring the introduction of additional resources into the existing system and doing so is in fact likely to create a negative impact upon the GVFD residents, River Medical and the greater public it serves.

B. Whether the Applicant is fit and proper to

provide the services proposed, as required by A.R.S. '36-2233(B)((3).

The Applicant failed to demonstrate that it has the

clinical expertise, operational expertise, or resources to provide the proposed ambulance transportation service. Very little information was provided by Applicant regarding the individual who will be responsible for running the proposed ambulance transportation service operation or who will be responsible for clinical oversight. Such persons were not called to testify as witnesses and the one résumé submitted (GVFD Ex. 123), does not provide the necessary information. Little to no information was provided regarding the intended clinical aspects of GVFD’s proposed service. The only operational information provided was with regard to the number of employees/ambulances and station assignments/movements between stations. No information was provided regarding dispatch protocols. Finally, serious questions were raised regarding the fiscal competence of Applicant with regard to the proposed operation.

C. Whether he Applicant=s proposed service area

is in the best interests of the public, or if some other service area should be granted by the Director, as required by A.R.S. ''36-2232(A)(3); A.A.C. R9-25-902 and A.A.C. R9-25-903.

The proposed service area is not in the public’s best

interests, for reasons including the negative impact that carving out the population and businesses in the selected area is likely to have upon the surrounding rural areas, which areas GVFD’s proposed area has left River Medical to cover without a central “core” population. River Medical’s coverage of its CON service area depends in part upon the transports coming out of the GVFD area for its overall

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deployment/system status management planning. Removing the population and business clusters GVFD has selected would negatively impact the adjacent, sparsely populated rural areas River Medical’s CON includes, which areas GVFD has not included in its proposed service area. It is also likely to have negative impact upon River Medical’s overall CON coverage (including but not limited to Kingman and the rural areas surrounding it), its mutual aid service to nearby fire districts, and the services it provides to the adjacent Indian reservation areas.

Further, undisputed evidence was that the number of

transports per year within the GVFD area is too small for application of current, state of the art, system status management/resources deployment calculations.

D. Whether the Applicant=s proposed rates and

charges, as set forth below, are just, reasonable, and sufficient or whether other rates and charges should be granted by the Director, as required by A.R.S. '36-2232(A)(1) and 36-2239; A.A.C. R9-902, A.A.C. R9-25-903 and A.A.C. R9-25-1101, et seq.

Proposed rates and charges:

i. Advanced Life Support Base Rate $1,295.00 ii. Basic Life Support Base Rate $1,295.00 iii. Mileage Rate (Per Loaded Patient

Mile) $ 16.42 iv. Standby Waiting Charge (per hour) None

v. Disposable supplies, medical supplies and medication and oxygen related costs Per A.R.S. '36-2239(D)

Applicant=s proposed rates and charges are likely to

result in a higher than predicted taxpayer burden (deficit). They are also based upon the rates of an unsuccessful ambulance transport operation run by a nearby fire district. The cash reserves GVFD had when it submitted its pro forma ARCR (available to cover any revenue deficits) have significantly diminished. As such, the rates and charges

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appear inappropriate. Because Applicant has failed to meet its burden with regard to other requirements of this process, additional analysis as to what rates might be appropriate is not required.

E. Whether the type and level of service

proposed by the Applicant is in the best interest of the public, as required by A.A.C. R9-25-903 and A.A.C. R9-25-901(36) and (65).

While a 24 hours a day, 7 days a week, emergency

(911) transportation service as proposed by Applicant is in the best interests of the GVFD public, that service is already being provided by River Medical and no evidence presented establishes that River Medical has failed to fully provide that service to the public’s benefit.

F. Whether the Applicant has provided or will

provide the necessary information as required by A.R.S. '36-2233; A.A.C. R9-25-902 and R9-23-903.

Applicant provided all technical requirements for a

complete application package.

Additional Issues Concerned Per the Director’s Guidance Document

48. Those additional issues identified in the Director’s Guidance Document

(listed, supra, ¶45) were in great part not addressed in a meaningful fashion by GVFD,

including but not limited to the following:

- GVFD did not adequately articulate (or detail) any meaningful plan

for a robust, ongoing benchmarking and performance improvement process for

all components of its proposed EMS operation.

- GVFD did not adequately explain why it has not acted to collect

and submit its electronic data through the Premier Aging Program, or what its

timing will be for this. It admitted it has not purchased the necessary software.

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- No detail was provided regarding a plan to adopt clinical guidelines

and operations procedures for time sensitive illnesses consistent with best

practice guidelines.

- No plan to initiate guideline based pre-arrival instructions for 9111

callers was provided.

- GVFD’s historic attendance at regional and state EMS Council

meetings has been sporadic (6 out of 11 over the past couple of years).

- GVFD did not address how its proposed operation will maintain

and improve ambulance service for Arizona’s rural communities, especially

those located adjacent to its proposed service area. The evidence presented,

instead, indicated that if GVFD becomes the ambulance transport provider for

most or all of the transports within its proposed service area, the service

provided to adjacent rural areas is likely to suffer, and even within the GVFD

proposed service area, transport users are likely to experience a reduction in

quality of clinical care and operational resources.

- GVFD’s input on a “cost effective” service model only addressed

its taxpayers’ burden, not the issue of ambulance transport rates (either within

its proposed service area or in the greater River Medical CON service area).

The uncontroverted evidence is that the River Medical CON service area not

included in GVFD’s proposed service area is likely to suffer a rate increase (or a

decrease in service). Likewise, evidence presented indicates GVFD will be

unable to maintain a financially stable operation using its proposed rates and

charges, such that an increase in those rates is likely.

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Recommended Decision

In view of the foregoing, it is recommended that the Director deny the proposed

Application, on the grounds that Applicant, Golden Valley Fire District (GVFD), failed to

demonstrate that public necessity requires any part of the service it has proposed, that

such proposed service does not appear to be in the public’s best interest, and that

GVFD did not show it has the necessary clinical/operational expertise or that it has the

required clinical, operational and financial fitness to provide the proposed ambulance

transportation services. Further, serious concern was raised regarding the likely

negative impact of GVFD taking on ambulance transport services to the current fire

and hazard services it provides. The proposed service area is not in the best interests

of the public given anticipated diminishment in resources available to the surrounding

rural areas and the fact that River Medical’s CON service area, as a whole, will also

suffer a negative impact. While not necessary to the recommended denial, it should

also be noted that Applicant’s proposed rates and charges appear insufficient to

support the proposed ambulance transportation service operation.

DATED THIS 9th day of January, 2015.

FLETCHER STRUSE FICKBOHM & MARVEL PLC

/s/ Ronna L. Fickbohm____________________ Ronna L. Fickbohm Attorney for Applicant, American Medical Response of Maricopa, LLC

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Pursuant to Case Management Order No. 1, electronic filing and service through https://portal.azoah.com/oedf/ has been done this 9th day of January, 2015. Editable (Word) version delivered via email to OAH Webmaster ([email protected]) for delivery to the Honorable Tammy Eigenheer) By: /s/ L. Clark____________