A-1 Ambulance Service, Inc. v. County of Monterey

In this case we hold that, under the state action antitrust immunity doctrine, Emergency Medical Service (EMS) agencies in California may establish exclusive operating areas for Advanced Life Support (ALS) and limited ALS ambulance service, even if the restricted market includes non-emergency *335 ALS and limited ALS ambulance transportation between health care providers. 1 We decline to review Monterey County’s claim that the district court erred in holding that the County’s ambulance service rates violated constitutional limitations on ratemaking. We affirm the district court’s grant of summary judgment for the City of Salinas on A-1 Ambulance Service, Inc.’s claim that the City violated the Takings Clause. Finally, we remand for recalculation of damages.

I. State Action Antitrust Immunity

California’s Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (EMS Act) permits counties to develop emergency medical services programs. Cal. Health & Safety Code §§ 1797-1799.200 . Counties choosing to develop an EMS program must designate a local EMS agency which will have primary responsibility for the administration of emergency medical services…