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Committee advances bill to declare EMS an essential service and adds liability shield for local officials

State legislative committee hearing · February 12, 2026
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Summary

A legislative committee unanimously advanced House Bill 1251 after adopting an amendment that would grant civil-liability immunity to local governing bodies and their members when areas are unserved by emergency ambulance service; supporters said the bill will address EMS 'deserts' but committee members warned about funding burdens for counties.

A legislative committee on Wednesday advanced House Bill 1251, which would classify emergency medical services — including ambulance transport — as an essential public‑safety service and require counties to identify and ensure coverage for areas currently unserved.

Representative O’Brien, the bill’s sponsor, told the committee the measure is designed to remove ambiguity about who is responsible for EMS and give counties flexibility to meet the requirement "by either establishing a county ambulance service, contracting with public, private or nonprofit ambulance providers, or entering into interlocal or mutual‑aid agreements." He said the bill stems from a 2024 statewide report on EMS coverage and is intended to strengthen public safety.

The chair, Senator Buck, who introduced Amendment No. 2 and read its language aloud, said he had struggled with the bill because "commissioners can get sued if something happens as a result of opting out." The amendment the committee adopted says, in part, that when a governing body opts out of a statutory requirement, "the county, the governing body and the individual governing body members are immune from civil liability for personal injury or death resulting from an area of the county being unserved by emergency ambulance service." The committee took the amendment by consent and then voted 10–0 to move the bill as amended.

Supporters from local government and emergency services organizations said the bill addresses real coverage gaps. "Since 2022, Allen County has been actively working to construct a countywide fire and EMS district," John Wilson, who represents the Allen County Board of Commissioners, told the panel. "We support HB 1251 because it clearly enumerates responsibility."

State officials and provider groups said the bill does not impose a single model and allows counties to contract where appropriate. "We believe this bill will make great strides in improving EMS throughout the state," Alyssa Schroeder, legislative director at the Indiana Department of Homeland Security, said, but she added that the agency "has not performed that study" on what it would cost localities to provide service in currently unserved areas.

Mackenzie Benford, who appeared on behalf of the Indiana EMS Association, said the bill permits counties to outsource services to hospitals or private providers, which could limit direct county expense. "We absolutely believe that everyone deserves an ambulance to arrive at their doorstep when they call 911," Benford said.

Operational witnesses urged local planning and regional coordination. Tony Murray of the Professional Firefighters of Indiana, a longtime firefighter and paramedic, described EMS as part of a tiered response system and said the bill will drive necessary planning. Joel Thacker of the Indiana Fire Chiefs Association told the committee that response-time expectations differ by area (urban first‑arriving units around five to six minutes; more rural responses typically 10–12 minutes) and said roughly half of counties contain some ‘‘ambulance deserts’’; he also said 17 counties do not have a hospital.

Committee members pressed witnesses on cost and logistics. The chair reiterated concern that the bill could create an unfunded mandate: "If the state’s going to mandate it, somebody’s got to pony up the money," he said. Witnesses and the sponsor repeatedly emphasized the bill’s flexibility but could not point to a statewide costing for local implementation.

The committee approved the bill as amended by roll call, 10–0. The chair noted the procedural requirement to recommit the measure before the committee deadline (12:30 p.m.) so it will be returned to committee files for the next step in the legislative process.

What happens next: The measure advances as amended and will be recommitted per legislative procedure for further consideration before the deadline.