Bill Text: CA AB2248 | 2009-2010 | Regular Session | Amended

California Assembly Bill 2248 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Emergency medical care.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-29 - Vetoed by Governor. [AB2248 Detail]

Download: California-2009-AB2248-Amended.html

BILL NUMBER: AB 2248	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 10, 2010

INTRODUCED BY   Assembly Member Hernandez

                        FEBRUARY 18, 2010

   An act to amend Section 1797.98b of the Health and Safety Code,
relating to emergency medical care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2248, as amended, Hernandez. Emergency medical care.
   Existing law authorizes a county to establish an emergency medical
services fund for reimbursement of emergency medical services (EMS)
related costs, and requires an annual report to the Legislature on
the implementation and status of the fund, including the fund balance
and the amount of moneys disbursed to physicians and surgeons, for
hospitals, and for other emergency medical services purposes.
   This bill would require the report to provide additional
information regarding the moneys collected and disbursed, including a
description of the other medical services purposes  , and the
total amount of allowable claims, if the moneys are disbursed to
hospitals on a claims basis  . By increasing the duties of local
officials, this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1797.98b of the Health and Safety Code is
amended to read:
   1797.98b.  (a)  Each county establishing a fund, on January 1,
1989, and on each April 15 thereafter, shall report to the
Legislature on the implementation and status of the Emergency Medical
Services Fund. The report shall cover the preceding fiscal year, and
shall include, but not be limited to, all of the following:
   (1)  The total amount of fines and forfeitures collected, the
total amount of penalty assessments collected, and the total amount
of penalty assessments deposited into the Emergency Medical Services
Fund, or, if no moneys were deposited into the fund, the reason or
reasons for the lack of deposits. The total amounts of penalty
assessments shall be listed on the basis of each statute that
provides the authority for the penalty assessment, including Section
1797.98a, Sections 76000, 76000.5, and 76104 of the Government Code,
and Section 42007 of the Vehicle Code.
   (2)  The fund balance and the amount of moneys disbursed under the
program to physicians and surgeons, for hospitals, and for other
emergency medical services purposes. If funds were disbursed for
other emergency medical services, the report shall provide a
description of each of these  purposes  
services  .
   (3)  The number of claims paid to physicians and surgeons, and the
percentage of claims paid, based on the uniform fee schedule, as
adopted by the county.
   (4)  The amount of moneys available to be disbursed to physicians
and surgeons, descriptions of the physician and surgeon claims
payment methodologies, the dollar amount of the total allowable
claims submitted, and the percentage at which those claims were
reimbursed.
   (5)  A statement of the policies, procedures, and regulatory
action taken to implement and run the program under this chapter.
   (6)  The name of the physician and surgeon and hospital
administrator organization, or names of specific physicians and
surgeons and hospital administrators, contacted to review claims
payment methodologies. 
   (7) A description of the process  
   used for obtaining input from physicians and surgeons and
hospitals to create the payment methadology. (8) An Identification
 
   (7) A description of the process used for obtaining input from
physicians and surgeons and hospitals to create the payment
methodology. 
    (8)     An identification  of the fee
schedule used by the county pursuant to subdivision (e) of Section
1797.98c. 
   (8) 
    (9)     (A)    A description
of the methodology used to disburse moneys to hospitals per
subparagraph (B) of paragraph (5) of subdivision (b) of Section
1797.98a. 
   (B) The amount of moneys available to be disbursed to hospitals.
 
   (C) If moneys are disbursed to hospitals on a claim basis, the
dollar amount of the total allowable claims submitted and the
percentage at which those claims were reimbursed to hospitals. 
   (b)  (1)  Each county, upon request, shall make available to any
member of the public the report required under subdivision (a).
   (2)  Each county, upon request, shall make available to any member
of the public a listing of physicians and surgeons and hospitals
that have received reimbursement from the Emergency Medical Services
Fund and the amount of the reimbursement they have received. This
listing shall be compiled on a semiannual basis.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.