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ETMC EMS files motion to dismiss Champion EMS and Christus Trinity Mother Frances Health System lawsuit

Tyler, TX (May 30, 2018) ETMC EMS, now called UT Health East Texas EMS, has filed a motion to dismiss against the counterclaims filed by Champion EMS and Christus Trinity Mother Frances Health System in the suit concerning Champion’s repeated violation of a county ordinance and a breach of a contract among UT Health East Texas EMS and Smith County and the city of Tyler to be the area’s exclusive ambulance provider through 2040.

“These same claims were dismissed by the U.S. District Court for the Eastern District of Texas in 2005,” the filing states, with the court ruling that the exclusive contract for the provision of ambulance services did not violate the antitrust laws. Champion EMS and Christus failed to inform the Smith County court of the previous federal court’s decision when they filed their counterclaim.

ETMC EMS was selected as the ambulance provider in 1992 to give the citizens access to a high-quality and cost-effective EMS system. “UT Health East Texas EMS is one of only 178 EMS services in the United States to receive accreditation from the Commission on Accreditation of Ambulance Standards,” said John Smith, CEO of UT Health East Texas EMS. “We meet or exceed our requirements on a yearly basis.”

Many cities in Texas, and nationwide, engage an exclusive ambulance service provider in order to reduce overhead and costs. Champion EMS, for example, is the exclusive ambulance service provider for some East Texas towns like Overton and Kilgore.

Every year, ETMC EMS is reviewed by the Medical Control Board, which is comprised of physicians from several East Texas hospitals. ETMC EMS is required to receive a rating of 3 out of 5 to continue serving Tyler and Smith County. Since 1992, ETMC EMS has received exceptional ratings, including this year’s rating of 4.48 out of 5.

ETMC EMS provides these services at no cost to taxpayers in Tyler. The cost of these services is supported by patients and enrollees in the ETMC EMS Membership Program. In fact, in those communities without exclusive contracts around the country, these communities place a significant burden on taxpayers to subsidize county EMS services that are required to serve all calls regardless of the patient’s ability to pay.

ETMC EMS also reinvested in the community’s emergency response infrastructure and upgraded its capabilities by purchasing and installing radio towers that allow first responders, as well as federal agencies such as the FBI and ATF, to communicate on the same system. ETMC EMS also partners with the community to provide emergency training.

ETMC’s motion to dismiss also highlights other issues of concern. “Champion EMS has continually thwarted the prohibitions in the contract by operating and transporting patients between facilities within the service area covered by the restrictions,” the new filing states. “Transfers between facilities are typically patients with insurance, while many emergency transports involve patients without an ability to pay.”

“ETMC/UT Health East Texas EMS has been serving East Texas for 50 years this year, and we are proud of the high standards of excellence we provide in the 75,000 calls for service we receive each year,” said Smith.

About UT Health East Texas

Formed in 2018 through the combination of East Texas Medical Center Regional Healthcare System (ETMC) and The University of Texas Health Science Center at Tyler (UT Health Northeast), UT Health East Texas provides care to thousands of patients each year through an extensive regional network that includes 10 hospitals, more than 50 physician clinics, the Olympic Plaza Tower, 13 regional rehabilitation facilities, two freestanding emergency centers, regional home health services covering 41 counties, an EMS fleet of more than 45 ambulances and four helicopters, and a comprehensive seven-trauma center care network, including a Level 1.

As a partner with The University of Texas System, UT Health East Texas is uniquely positioned to provide patients with access to leading-edge research and clinical therapies while training and educating the next generation of physicians and other health professionals. The nationally recognized UT System also includes UT MD Anderson Cancer Center in Houston, UT Southwestern Medical Center in Dallas, as well as three other major university medical centers located throughout the state. For more information visit uthealtheasttexas.com