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Did OEMS Follow the Law or Must Barre EMS be Shuttered?

Did OEMS Follow the Law or Must Barre EMS be Shuttered?

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Published by Craig Shibley

The following is a records request filed on 2/01/13 to the MA Department of Health's Office of Emergency Medical Services concerning the ambulance license for the Barre EMS. The Commonwealth claims the Town of Barre is the licensee. Public records reveal otherwise. The law requires a paper trail if such a transfer legally took place. Time will tell. Meanwhile the AGO's Public Charities Division has not responded to a recent inquiry into its "investigation" of the wayward Barre EMS.

The following is a records request filed on 2/01/13 to the MA Department of Health's Office of Emergency Medical Services concerning the ambulance license for the Barre EMS. The Commonwealth claims the Town of Barre is the licensee. Public records reveal otherwise. The law requires a paper trail if such a transfer legally took place. Time will tell. Meanwhile the AGO's Public Charities Division has not responded to a recent inquiry into its "investigation" of the wayward Barre EMS.

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Published by: Craig Shibley on Feb 01, 2013
Copyright:Public Domain

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09/27/2013

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RE: Complaint Barre EMSCameron, Silva (DPH)silva.cameron@state.ma.us 
Fri 2/1/2013 11:53 AM
'craig shibley'shibley@charter.net Cc: Murphy, Brendan P (DPH) <brendan.p.murphy@state.ma.us>Mr. Shibley,Your public records request has been received. The appropriate staff will look into andrespond.Thank you.Sincerely,Silva Cameron
Silva Cameron, JD
 
 Manager, Policy and Regulatory Development
 
 Massachusetts Department of Public Health
 
Office of Emergency Medical Services99 Chauncy Street, 11th Floor 
 
Boston, MA 02111
 
617-753-7319
 
From:
craig shibley [mailto:shibley@charter.net]
Sent:
 
Friday, February 01, 2013 10:47 AM
 
To:
Murphy, Brendan P (DPH)
Cc:
Cameron, Silva (DPH)
Subject:
RE: Complaint Barre EMSMr. Murphy:The following is a request pursuant to the Commonwealth’s Public Records Law.In an email to me dated
October 19, 2012
(see below) you wrote: . .
. the compliant doesnot raise alleged violations of the EMS System statute and regulations . . .
and
The Office of Emergency Medical Services will also be updating its ambulance licensure database to accuratelyreflect that the Town of Barre is the licensee,
as requested in the ambulance licensureapplication
which was submitted.
 
 
According to the Office of Emergency Medical Service’s regulations,
105 CMR 170.245
 and
M.G.L. c. 111C, §8(b
)
no licensee shall transfer or assign in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any company or of any asset or any equity interest in any entity, the license issued to the licensee or any rights thereunder,
without first applying in writing to the Department 
 for permission to transfer or assign thelicense. The
Department shall grant or deny the request in writing 
within 60 days of the filing of the request. No transfer of a license shall be effective without written prior approval bythe Department
.As you should well know in a DEPARTMENT of PUBLIC HEALTH document dated
March 2012
listing all of the Commonwealth’s legally registered ambulance services,http://www.scribd.com/doc/102535217/EMS-Chameleon-Barre-s-Acting-Director ,the BARRE EMERGENCY & RESCUE SQUAD INC. was identified as the
Licensee
.I am requesting the following from OEMS:1. A copy of the BARRE EMERGENCY & RESCUE SQUAD INC.’s (or its otherknown business names: BARRE AMBULANCE SERVICE or BARRE EMS)related letter to the Department as stipulated in M.G.L. c. 111C, §8(b) to transferits license to the TOWN of BARRE;2. A copy of OEMS’s correspondence to the TOWN of BARRE and the BARREEMERGENCY & RESCUE SQUAD INC. (or its related business names aspreviously cited) approving the transfer as stipulated in M.G.L. c. 111C, §8(b);I appreciate your continued cooperation.Regards,Craig Shibley151 Butterworth RoadBarre 01005
From:
Murphy, Brendan P (DPH) [mailto:brendan.p.murphy@state.ma.us]
Sent:
Friday, October 19, 2012 1:57 PM
To:
craig shibley
Subject:
Re: Complaint Barre EMSDear Mr. Shibley,I wanted to inform you that the Office of Emergency Medical Services has referred yourcomplaint to the Office of the Attorney General, The Business and Labor Bureau, theNon-Profit Organizations/Public Charities Division, at 617-963-2101. Here is a link totheir website: http://www.mass.gov/ago/bureaus/business-and-labor/the-non-profit-organizations-public-charities-division/. As I had communicated previously, the

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