Bill Text: CA AB2447 | 2019-2020 | Regular Session | Amended

---

Bill Title: Workers’ compensation: emergency medical services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on INS. [AB2447 Detail]

Download: California-2019-AB2447-Amended.html

---

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2447

---

Introduced by Assembly Member Rodriguez

February 19, 2020

---

An act to amend Section 1797.105 of the Health and Safety Code, add Section 3212.16 to the Labor Code, relating to emergency medical services. workers’ compensation.

LEGISLATIVE COUNSEL'S DIGEST

AB 2447, as amended, Rodriguez. Emergency medical services. Workers’ compensation: emergency medical services.

Under existing law, a person injured in the course of employment is generally entitled to receive workers’ compensation on account of that injury. Existing law provides that, in the case of certain state and local firefighting personnel and peace officers, the term “injury” includes various medical conditions that are developed or manifested during a period while the member is in the service of the department or unit, and establishes a disputable presumption in this regard.

This bill would provide, for injuries occurring after January 1, 2021, that in the case of private sector emergency medical services personnel contracted with a state, local, tribal, or special district to provide emergency medical services, the term “injury” also includes post-traumatic stress that develops or manifests itself during a period in which the injured person is providing emergency medical services pursuant to a contract with the state agency, local agency, tribe, or special district. The bill would prohibit compensation from being paid for a claim of injury unless the person has been contracted with for at least 6 months, unless the injury is caused by a sudden and extraordinary employment condition.

Existing law establishes the Commission on Emergency Medical Services within the California Health and Human Services Agency to review and approve regulations, standards, and guidelines developed by the Emergency Medical Services Authority. Existing law establishes the Emergency Medical Services Authority within the Health and Human Services Agency to, among other responsibilities, assess emergency medical service (EMS) areas to determine the need for, coordination of, and effectiveness of, emergency medical services. Existing law requires the Emergency Medical Services Authority to receive plans for the implementation of emergency medical services and trauma care systems from local EMS agencies and, subject to approval by the Emergency Medical Services Authority, permits local EMS agencies to implement a local plan, as specified. A local EMS agency may appeal a decision by the Emergency Medical Services Authority to the Commission on Emergency Medical Services.

This bill would make a technical, nonsubstantive change to this provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 3212.16 is added to the Labor Code, to read:

3212.16.

 (a) This section applies to a person employed as a private sector emergency medical services personnel who is contracted with a state, local, tribal, or special district to provide emergency medical services.

(b) In the case of a person described in subdivision (a), the term “injury,” as used in this division, includes “post-traumatic stress disorder,” as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which a person described in subdivision (a) is providing emergency medical services pursuant to a contract with the state agency, local agency, tribe, or special district.

(c) For an injury that is diagnosed as specified in subdivision (b), both of the following apply:

(1) The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.

(2) The injury that develops or manifests itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of the contract for the person providing emergency medical services for a period of 3 calendar months for each full year of the requisite employment, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.

(d) Compensation shall not be paid pursuant to this section for a claim of injury unless the person described in subdivision (a) has been contracted with for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.

(e) This section applies to injuries occurring on or after January 1, 2021.

SECTION 1.Section 1797.105 of the Health and Safety Code is amended to read:

1797.105.

(a)The authority shall receive plans for the implementation of emergency medical services and trauma care systems from local EMS agencies.

(b)After the applicable guidelines or regulations are established by the authority, a local EMS agency may implement a local plan developed pursuant to Section 1797.250, 1797.254, 1797.257, or 1797.258 unless the authority determines that the plan does not effectively meet the needs of the persons served and is not consistent with coordinating activities in the geographical area served, or that the plan is not concordant and consistent with applicable guidelines or regulations, or both the guidelines and regulations, established by the authority.

(c)A local EMS agency may appeal a determination of the authority pursuant to subdivision (b) to the Commission on Emergency Medical Services.

(d)In an appeal pursuant to subdivision (c), the commission may sustain the determination of the authority or overrule and permit local implementation of a plan, and the decision of the commission is final.