Bill Text: CA AB215 | 2011-2012 | Regular Session | Chaptered
Bill Title: Emergency services: Emergency Medical Air Transportation
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2011-10-02 - Chaptered by Secretary of State - Chapter 392, Statutes of 2011. [AB215 Detail]
Download: California-2011-AB215-Chaptered.html
BILL NUMBER: AB 215 CHAPTERED
BILL TEXT
CHAPTER 392
FILED WITH SECRETARY OF STATE OCTOBER 2, 2011
APPROVED BY GOVERNOR OCTOBER 2, 2011
PASSED THE SENATE AUGUST 29, 2011
PASSED THE ASSEMBLY AUGUST 31, 2011
AMENDED IN SENATE JUNE 27, 2011
AMENDED IN SENATE JUNE 22, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Member Beall
JANUARY 31, 2011
An act to amend Section 76000.10 of the Government Code, relating
to emergency services.
LEGISLATIVE COUNSEL'S DIGEST
AB 215, Beall. Emergency services: Emergency Medical Air
Transportation Act.
The Emergency Medical Air Transportation Act, until January 1,
2018, imposes specified penalties for certain Vehicle Code and local
ordinance violations. The act requires that the moneys generated from
those penalties be deposited by counties into a county emergency
medical air transportation act fund, and thereafter requires the
counties to transfer those moneys, less administrative costs, to the
Emergency Medical Air Transportation Act Fund established in the
State Treasury, as provided. The act requires moneys in the Emergency
Medical Air Transportation Act Fund to be made available, upon
appropriation by the Legislature, to the State Department of Health
Care Services for administrative costs, and to offset the state
portion of the Medi-Cal reimbursement rate for emergency medical air
transportation services and to augment emergency medical air
transportation reimbursement payments made through the Medi-Cal
program, as specified.
This bill would, instead, provide that the county or the court
that imposed the fine shall transfer the moneys collected pursuant to
this act to the Emergency Medical Air Transportation Act Fund in
accordance with certain procedures set out in the Government Code.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76000.10 of the Government Code is amended to
read:
76000.10. (a) This section shall be known, and may be cited, as
the Emergency Medical Air Transportation Act.
(b) For purposes of this section:
(1) "Department" means the State Department of Health Care
Services.
(2) "Director" means the Director of the State Department of
Health Care Services.
(3) "Provider" means a provider of emergency medical air
transportation services.
(4) "Rotary wing" means a type of aircraft, commonly referred to
as a helicopter, that generates lift through the use of wings, known
as rotor blades, that revolve around a mast.
(5) "Fixed wing" means a type of aircraft, commonly referred to as
an airplane, that generates lift through the use of the forward
motion of the aircraft and wings that do not revolve around a mast
but are fixed in relation to the fuselage of the aircraft.
(6) "Air mileage rate" means the per-mileage reimbursement rate
paid for services rendered by rotary-wing and fixed-wing providers.
(c) (1) For purposes of implementing this section, a penalty of
four dollars ($4) shall be imposed upon every conviction for a
violation of the Vehicle Code or a local ordinance adopted pursuant
to the Vehicle Code, except parking offenses subject to Article 3
(commencing with Section 40200) of Chapter 1 of Division 17 of the
Vehicle Code.
(2) The penalty described in this subdivision shall be in addition
to the state penalty assessed pursuant to Section 1464 of the Penal
Code. However, this penalty shall not be included in the base fine
used to calculate the state penalty assessment pursuant to
subdivision (a) of Section 1464 of the Penal Code, the state
surcharge levied pursuant to Section 1465.7 of the Penal Code,
Section 70372 of the Government Code, and to calculate the other
additional penalties levied pursuant to this chapter.
(d) The county or the court that imposed the fine shall, in
accordance with the procedures set out in Section 68101, transfer
moneys collected pursuant to this section to the Treasurer for
deposit into the Emergency Medical Air Transportation Act Fund, which
is hereby established in the State Treasury. Notwithstanding Section
16305.7, the Emergency Medical Air Transportation Act Fund shall
include interest and dividends earned on money in the fund.
(e) (1) The Emergency Medical Air Transportation Act Fund shall be
administered by the State Department of Health Care Services. Moneys
in the Emergency Medical Air Transportation Act Fund shall be made
available, upon appropriation by the Legislature, to the department
to be used as follows:
(A) For payment of the administrative costs of the department in
administering this section.
(B) Twenty percent of the fund remaining after payment of
administrative costs pursuant to subparagraph (A) shall be used to
offset the state portion of the Medi-Cal reimbursement rate for
emergency medical air transportation services.
(C) Eighty percent of the fund remaining after payment of
administrative costs pursuant to subparagraph (A) shall be used, to
augment emergency medical air transportation reimbursement payments
made through the Medi-Cal program, as set forth in paragraphs (2) and
(3).
(2) (A) The department shall seek to obtain federal matching funds
by using the moneys in the Emergency Medical Air Transportation Act
Fund for the purpose of augmenting Medi-Cal reimbursement paid to
emergency medical air transportation providers.
(B) The director shall do all of the following:
(i) By March 1, 2011, meet with medical air transportation
providers to determine the most appropriate methodology to distribute
the funds for medical air services.
(ii) Implement the methodology determined most appropriate in a
timely manner.
(iii) Develop the methodology in collaboration with the medical
air providers.
(iv) Submit any state plan amendments or waiver requests that may
be necessary to implement this section.
(v) Submit any state plan amendment or waiver request that may be
necessary to implement this section.
(vi) Seek federal approvals or waivers as may be necessary to
implement this section and to obtain federal financial participation
to the maximum extent possible for the payments under this section.
If federal approvals are not received, moneys in the fund may be
distributed pursuant to this section until federal approvals are
received.
(C) The director may give great weight to the needs of the
emergency medical air services providers, as discussed through the
development of the methodology.
(3) (A) Upon appropriation by the Legislature, the department
shall use moneys in the Emergency Medical Air Transportation Act Fund
and any federal matching funds to increase the Medi-Cal
reimbursement for emergency medical air transportation services in an
amount not to exceed normal and customary charges charged by the
providers.
(B) Notwithstanding any other provision of law, and pursuant to
this section, the department shall increase the Medi-Cal
reimbursement for emergency medical air transportation services
provided that both of the following conditions are met:
(i) Moneys in the Emergency Medical Air Transportation Act Fund
will cover the cost of increased payments pursuant to subparagraph
(A).
(ii) The state does not incur any General Fund expense to pay for
the Medi-Cal emergency medical air transportation services increase.
(f) The assessment of penalties pursuant to this section shall
terminate commencing January 1, 2016. Penalties assessed prior to
January 1, 2016, shall continue to be collected, administered, and
distributed pursuant to this section until exhausted or until June
30, 2017, whichever occurs first. On June 30, 2017, moneys remaining
unexpended and unencumbered in the Emergency Medical Air
Transportation Act Fund shall be transferred to the General Fund, to
be available, upon appropriation by the Legislature, for the purposes
of augmenting Medi-Cal reimbursement for emergency medical air
transportation and related costs, generally.
(g) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 2 of the
Government Code, the department may implement, interpret, or make
specific this section and any applicable federal waivers and state
plan amendments by means of all county letters, plan letters, plan or
provider bulletins, or similar instructions without taking
regulatory action.
(h) This section shall remain in effect until January 1, 2018, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2018, deletes or extends that date.
