County swaps EMS providers, again

A resolution could not be reached at the March 1, 2024 mediation meeting between Barnwell County and current EMS provider Thorne Ambulance Service (TAS), resulting in the termination of the six-month-old contract and the filing of a lawsuit.

Allegations of breaches of contract were made by both parties; with the county claiming TAS was unable to keep the required four ambulances staffed and available, and TAS claiming the county was “actively working against our success,” reportedly committing numerous breaches in doing so.

Three days after the attempted mediation, the county announced negotiations would begin with AmeriPro EMS of South Carolina for a three-year contract starting on April 1, 2024– leading TAS officials to believe the county began conversations with their competitor while still under contract.

According to Administrator Tim Bennett, the county signed the contract with AmeriPro EMS on March 5 and are expecting it to be signed and returned by March 6.

In signing the contract with TAS in August 2023, the county agreed to retain TAS as the “sole ambulance provider of all ambulance transportation, including but not limited to, emergency medical services.”

According to November 16, 2023 correspondence between Barnwell County and TAS, incidents that occurred months prior indicated to TAS CEO Ryan Thorne the county was looking for service elsewhere.

At the time, TAS was only into their third month of the contract which had an early start due to the county’s ongoing disagreements with Medshore– the EMS service from 2014 to 2023.

“While the county may not have entered into a formal agreement at this time, the rhetoric shared with our employees has created substantial doubt amongst our team and has further hindered our recruitment and retention abilities,” said Thorne.

The county also agreed to not solicit, recruit, or hire TAS staff as it directly impedes TAS’ ability to fully staff Barnwell County ambulances, per the contract.

According to Thorne, Barnwell County emergency personnel were asking TAS employees about their current compensation, benefits, “and ‘promised’ better pay rates with the county’s new provider. They furthered their comments by stating, ‘Thorne is on their way out,’” states the Nov. 16 letter.

Thorne notes these actions by county officials were a large contributor to staffing issues, which was a primary complaint by the county.

In November 16, 2023 correspondence from Chairman Creech to TAS, concerns were expressed regarding staffing. According to TAS, the physical ambulances have remained in the county, and have been staffed with one paramedic and one Emergency Medication Technician (EMT) “wherever and as much as reasonably possible,” according to the contract.

Between October 19, 2023 and February 12, 2024, the county fined TAS roughly $120,000 for not maintaining four, fully staffed ambulances. Guidelines in TAS’s contract with Barnwell County include an $800 fine every time an ambulance is not staffed and a $5,000 fine if ten occurrences of understaffed ambulances happen in one month.

The county began fining TAS the same day the 45-day implementation and grace period ended.

TAS has since appealed the fines, which is allowed per the now-void contract, due to a lack of data supporting these liquidated damages.

According to Bennett, the county is determining when ambulances are not available through dispatchers routinely documenting the status and location of units in the county.

While TAS is required to have four staffed ambulances, the county is also required to have adequate facilities to house them.

According to Thorne as of November 2023 correspondence, “resources have been unable to move into a permanent location in Williston due to the poor health and safety conditions presented by the former Medshore location.”

The Town of Williston completed renovations to the EMS building on Rescue Squad Road in December 2023, and housed TAS at the adjacent Williston Fire Department until January 2024, according to Town of Williston Administrator Mike Beasley.

However, the county was responsible for ensuring TAS had locations to establish resources upon beginning service in September 2023.

Another alleged breach is related to the foundation on which TAS submitted their initial bid of service to the county in June 2023. TAS submitted the bid “based upon the creation of a ‘regionalized’ ambulance service,” as TAS also serves Bamberg County.

Barnwell and Bamberg counties were working together to bring TAS services into the shared rural region. Contractual terms in both counties allowed TAS to participate in mutual aid: “TAS may enter into subcontracts and mutual aid agreements with licensed ambulance providers, as deemed necessary by TAS to meet coverage throughout the Service Area,” states the contract.

When the county passed a resolution stopping all mutual aid, TAS’s ability to support both counties with units and personnel was halted. The resolution was crafted with the goal of keeping available ambulances in Barnwell County.

“The County removed Thorne’s ability to utilize mutual aid partners with the adoption of a recent resolution, effectively suspending mutual aid to adjacent counties – in turn, reducing and/or eliminating Thorne’s ability to receive mutual aid,” said Thorne.

According to Thorne in Nov. 2023 correspondence, Bamberg County officials felt this resolution worked against the “‘spirit of the agreement’ that had been developed and designed by Barnwell and Bamberg counties, collaboratively.”

Bamberg County’s contract with TAS requires a $533,119 for the first year with an over $15,000 increase each year afterwards for two fully staffed ambulances.

On March 4, TAS filed a lawsuit against Barnwell County for breaching the contract.

“The county’s response stated that Thorne is in breach of its EMS contract with the county. The county further asked the court to require Thorne to pay the county liquidated damages and to further require Thorne to comply with the lame duck provision of the contract. The civil action follows a failed attempt by the county and Thorne to reach agreement in mediation held on Friday,” said the county in a statement.

Before the county decided on TAS in June 2023, they received bids from numerous services across the state. One of which being AmeriPro EMS of S.C.

AmeriPro EMS quoted the county $1.48 million annually, and $124,147 monthly – an increase from TAS’s first-year rate of $1.164 million after negotiations.

“While we are disappointed in the actions of county officials, we remain committed to serving the citizens and visitors of Barnwell County through May and wish the community the best as Barnwell County seeks an alternate provider for these critical services,” said TAS in a March 1 statement.

AmeriPro EMS has locations in Atlanta, Ga., Jacksonville, Fla., Oxford, Miss., and Copperhill, Tenn. TAS will continue to operate in the county until April 1 when AmeriPro EMS takes over.