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New ambulances in Decatur today despite service`s bid for injunction

Tiffeny Owens

June 26--First Response EMS will begin transporting patients today in spite of the city's longtime provider Decatur Emergency Medical Services filing court papers Monday to block it, officials said.

The city of Decatur and First Response's parent company, Healthcare Investment Group, were both named in DEMSI's filing for an emergency and permanent injunction with the Morgan County Circuit Clerk. At press time Monday, a judge had not taken action.

First Response is poised to join DEMSI as the only ambulance services the city has allowed to take Decatur calls. DEMSI has been the lone ambulance provider since 1996. First Response's four yellow ambulances will hit the streets at 10 a.m., said interim Fire Chief Darwin Clark.

DEMSI accused the city of failing to enforce its own code in issuing First Response a certificate of public necessity and convenience, or CPNC, and alleged First Response hasn't complied with the city's CPNC application process.

"These are frivolous claims without any merit and with total disregard to the choice of citizens and patients of Decatur," said David Childers, First Response director.

Childers said his attorney, Eric Summerford, will respond to DEMSI's summons within the required 30 days.

The City Council voted last month, in a 3-2 decision with Councilmen Billy Jackson and Greg Reeves dissenting, to issue First Response a CPNC on the condition it met additional guidelines drafted by the city's EMS committee. The committee voted to not recommend a CPNC for First Response in April ahead of the council's public hearings.

City Attorney Chip Alexander said the city plans to issue First Response its CPNC Tuesday morning and will file a motion in response to DEMSI.

"The city and First Response has complied with everything in the ordinance," Alexander said. Clark said DEMSI and First Response will rotate calls based on the closest unit.

"For the public, it should be a completely seamless transition that they shouldn't even notice, except that yellow ambulances will be driving around town," he said.

DEMSI's attorney Barney Lovelace did not return calls for comment Monday evening.

Copyright 2012 - The Decatur Daily, Ala.

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