Bill Text: NJ S804 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes procedures for operation of air ambulance services.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S804 Detail]
Download: New_Jersey-2010-S804-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator ROBERT M. GORDON
District 38 (Bergen)
SYNOPSIS
Establishes procedures for operation of air ambulance services.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the operation of air ambulance services and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Advanced life support" or "ALS" means an advanced level of pre-hospital, inter-facility, or emergency medical care as defined by regulation of the commissioner.
"Air ambulance service" means an entity licensed by the department to provide advanced life support by means of a specially equipped and specially staffed air medical unit.
"Air ambulance service medical staff" means an employee of an air ambulance service who provides medical treatment or assistance to patients.
"Air medical unit" or "AMU" means a specially equipped helicopter that is operated as an air ambulance service and is certified by the department pursuant to P.L.1984, c.146 (C.26:2K-7 et seq.) or P.L.1986, c.106 (C.26:2K-35 et seq.).
"AMU dispatch" means the request for emergency medical transportation by air ambulance service of a victim of an accident or trauma by a central communications center in accordance with the protocols set forth in section 3 of this act. "AMU dispatch" shall not include a request for medical transportation by an air ambulance service when the request involves transportation to a licensed health care facility.
"AMU responder" means an air ambulance service that is operating as a primary or backup AMU responder pursuant to this act.
"Available" means ready for immediate utilization or response as it pertains to equipment, vehicles or personnel, or immediately accessible as it pertains to records.
"Backup AMU responder" means an air ambulance service that is certified by the commissioner as a backup AMU responder.
"Central communications center" means the single center responsible for coordinating all emergency medical dispatch requests made by regional communications centers and implementing a dispatch pursuant to this act.
"Commissioner" means the Commissioner of Health and Senior Services.
"Department" means the Department of Health and Senior Services.
"Emergency medical transportation" means pre-hospital transportation of an accident or trauma victim, or transportation of a non-admitted trauma patient from an emergency department.
"GPTS" means the global positioning tracking system required to be utilized by an AMU responder in accordance with the provisions of this act and that allows 24-hour a day, seven-day a week tracking of the geographic location of the AMU by the central communications center while the aircraft is performing emergency medical transportation.
"Level I or level II trauma center" means those acute care hospitals designated by the department pursuant to certificate of need and licensure requirements as capable of providing specialized trauma services as set forth by regulation of the commissioner.
"Medical command/AMU" means the medical direction provided to air ambulance service medical staff by a medical command physician in accordance with criteria applicable to AMUs set forth by regulation of the commissioner.
"Medical command physician/AMU" means a physician licensed by the State Board of Medical Examiners or a comparable entity in another state, who meets criteria set forth by regulation of the commissioner to provide medical direction to air ambulance service medical staff by radio, telephone, or other direct means of communication.
"Medical transportation" means the pre-hospital or inter-hospital transportation of a patient to or from medical treatment, but does not include emergency medical transportation.
"Mobile intensive care program" means a program that is operated by an acute care hospital licensed by the department, in accordance with a certificate of need issued, pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), which provides pre-hospital ALS by means of a specially equipped and staffed mobile intensive care unit.
"Mobile intensive care unit" or "MICU" means a specialized emergency medical services vehicle operated under the medical command of a mobile intensive care program pursuant to P.L.1984, c.146 (C.26:2K-7 et seq.).
"Primary AMU responder" means an air ambulance service operated pursuant to P.L.1986, c.106 (C.26:2K-35 et seq.).
"Regional communications center" means an approved MICU dispatch center that provides requests for emergency medical transportation and medical transportation, and dispatches for medical transportation in accordance with the requirements of this act and the rules and regulations adopted by the commissioner pursuant to this act.
2. a. Notwithstanding the provisions of any other law to the contrary, the commissioner shall certify an air ambulance service to operate as a backup AMU responder in this State if the air ambulance service:
(1) is licensed and operated in compliance with all applicable provisions of Title 6 of the Revised Statutes;
(2) is operated under the medical command/AMU of a mobile intensive care program that is affiliated with a level I or level II trauma center in New Jersey;
(3) is licensed as an air medical service in compliance with the air ambulance service regulations of the department;
(4) demonstrates that it has applied for or has obtained accreditation from the Commission on Accreditation of Medical Transport Systems within one year of the enactment of this act; and
(5) demonstrates that it uses a GPTS that is compatible with the GPTS used by the central communications center.
b. The commissioner shall maintain a registry of all certified backup AMU responders and shall ensure that the registry is updated on a monthly basis and provided to the central communications center. The registry shall include:
(1) the name of each backup AMU responder;
(2) a list of written requests for certification and the date that each request was made; and
(3) a list of any requests for certification that have been denied by the commissioner, the reasons for denial, and whether the denial is being appealed.
c. The commissioner shall not certify a backup AMU responder that does not meet the requirements of this section as of the effective date of this act, unless the commissioner determines that there is a need for additional backup AMU responders pursuant to a study of Statewide emergency medical services.
3. a. (1) The central communications center shall be established within the Division of State Police in the Department of Law and Public Safety no later than the 60th day after the effective date of this act, and shall operate pursuant to a written inter-agency agreement between the Superintendent of State Police and the commissioner that conforms with the provisions of this act.
(2) The commissioner shall require the central communications center to utilize a GPTS for tracking the location and flight status of all available AMU responders and all AMU responders while engaged in emergency medical transportation or medical transportation.
(3) The commissioner shall implement an AMU dispatch system as set forth in this section. To improve patient outcomes, the dispatch system shall provide accident and trauma victims with timely access to air ambulance services and level I and level II trauma care, in accordance with the dispatch protocols established in this section.
b. Upon receipt of a request for AMU services, the regional communications center shall record the time of the following, as applicable: call received; ALS dispatched; request for AMU; request made to central communications center for AMU services for emergency medical transportation; primary AMU assigned; and backup AMU assigned.
c. A backup AMU responder shall regularly, or upon status change, notify the regional communications center if it is not available to respond to a dispatch. The regional communications center shall immediately notify the central communications center if a backup AMU responder is not available.
d. If a regional communications center receives a request for emergency medical transportation AMU services, it shall immediately communicate the request and availability of backup AMU responders to the central communications center, and advise whether ALS has been dispatched to the scene. The regional or central communications center shall document the time of its receipt of the request for AMU services, and the central communications center shall document whether ALS services have already been dispatched to the scene.
e. Upon receipt of a request for AMU services, the central communications center shall utilize a GPTS to identify the geographic location of the accident or trauma scene or medical patient, as well as the geographic location and flight status of all available AMU responders.
f. When a call is received by the central communications center, the central communications center shall:
(1) in the case of a person requiring emergency medical transportation, request the dispatch of a primary AMU responder to the accident or trauma scene unless the estimated flight time of the primary AMU responder to the geographic location of the scene exceeds 20 minutes and a backup AMU responder can arrive at the scene at least 10 minutes sooner than the primary AMU responder; or approve transportation by a backup AMU responder that is within a 10-minute ground transport to that backup AMU responder's base when the air medical unit is at the base and is immediately available. For purposes of determining the estimated flight time of a backup AMU responder, its flight status shall be taken into account. The central communications center shall dispatch the geographically closest backup AMU responder in the event that no primary AMU responder is available for dispatch; and
(2) in the case of a person requiring medical transportation, utilize GPTS to identify the geographic location of the patient as well as the geographic location and flight status of the AMU responders and shall first contact the backup AMU responder that is identified as being the geographically closest to the location of the patient. However, in the event that the geographically closest backup AMU responder is located at a distance which is more than 20 minutes further from the patient than the primary AMU responder is located, the central communications center shall dispatch the primary AMU responder.
g. The regional communications center shall not be required to contact the central communications center for medical transportation dispatch.
h. A regional communications center shall relay the information regarding any patient flight to the central communications center for purposes of flight monitoring, traffic notification, and safety.
i. Once a primary or backup AMU responder is dispatched to the accident or trauma scene, the central communications center shall document the time of AMU dispatch, and shall document and maintain the following information, which the dispatched AMU responder shall report to the central communications center:
(1) the times that the AMU is en route to the scene, arrives at the scene, departs the scene, and lands at the hospital or trauma center, respectively; and
(2) any cancellation of the request for its services, whether the cancellation is received en route to the scene or upon arrival at the scene, and the reason for the cancellation.
j. For emergency medical transportation, a primary or backup AMU responder shall transport a patient to the health care facility in the State that is most appropriate to the patient's medical needs, in accordance with the provisions of this act.
k. The central communications center shall maintain all documentation required pursuant to this section for a period of no less than two years and shall make it available to the public upon request.
4. A primary or backup AMU responder shall not charge an uninsured patient an amount for AMU services that exceeds the amount reimbursed by the federal Medicare program established pursuant to Title XVIII of the federal Social Security Act, Pub.L.89-97 (42 U.S.C. s.1395 et seq.), for those services.
5. This act shall take effect immediately.
STATEMENT
The purpose of this bill is to improve the current air ambulance dispatch system in New Jersey by requiring the utilization of a global positioning tracking system to identify and locate the closest available licensed air ambulance service, and by establishing dispatch procedures that ensure the most timely response to the scene of an accident or trauma.
The bill provides as follows:
� The Commissioner of Health and Senior Services is required to certify an air ambulance service to operate as a backup AMU responder in this State if the air ambulance service:
-- is licensed and operated in compliance with all applicable provisions of Title 6 of the Revised Statutes;
-- is operated under the medical command/AMU of a mobile intensive care program that is affiliated with a level I or level II trauma center in the State;
-- is licensed as an air medical service in compliance with the air ambulance service regulations of the Department of Health and Senior Services;
-- demonstrates that it has applied for or has obtained accreditation from the Commission on Accreditation of Medical Transport Systems within one year of the enactment of the substitute; and
-- demonstrates that it uses a global positioning tracking system (GPTS) that is compatible with the GPTS used by the central communications center.
� The commissioner is to maintain a registry of all certified backup AMU responders and to ensure that the registry is updated on a monthly basis and provided to the central communications center.
� The commissioner is prohibited from certifying a backup AMU responder that does not meet the requirements of this bill as of its effective date, unless the commissioner determines that there is a need for additional backup AMU responders pursuant to a study of Statewide emergency medical services.
� The central communications center is to be established within the Division of State Police in the Department of Law and Public Safety no later than the 60th day after the effective date of the bill, and will operate pursuant to a written inter-agency agreement between the Superintendent of State Police and the commissioner that conforms with the provisions of this bill.
� The commissioner is to require the central communications center to utilize a GPTS for tracking the location and flight status of all available AMU responders and all AMU responders while engaged in emergency medical transportation or medical transportation.
� The commissioner is to implement an AMU dispatch system that provides accident and trauma victims with timely access to air ambulance services and level I and level II trauma care, in accordance with the dispatch protocols established in the substitute.
� Upon receipt of a request for AMU services, the regional communications center is to record the time of the following, as applicable: call received; ALS dispatched; request for AMU; request made to central communications center for AMU services for emergency medical transportation; primary AMU assigned; and backup AMU assigned.
� A backup AMU responder is to regularly, or upon status change, notify the regional communications center if it is not available to respond to a dispatch.
� The regional communications center is to immediately notify the central communications center if a backup AMU responder is not available.
� If a regional communications center receives a request for emergency medical transportation AMU services, it is to immediately communicate the request and availability of backup AMU responders to the central communications center, and advise whether ALS has been dispatched to the scene. The regional or central communications center is to document the time of its receipt of the request for AMU services, and the central communications center is to document whether ALS services have already been dispatched to the scene.
� Upon receipt of a request for AMU services, the central communications center is to utilize GPTS to identify the geographic location of the accident or trauma scene or medical patient, as well as the geographic location and flight status of all available AMU responders.
� When calls are directly received by the central communications center, it is to do the following:
-- in the case of a person requiring emergency medical transportation, request the dispatch of a primary AMU responder to the accident or trauma scene unless the estimated flight time of the primary AMU responder to the geographic location of the scene exceeds 20 minutes and a backup AMU responder can arrive at the scene at least 10 minutes sooner than the primary AMU responder; or approve transportation by a backup AMU responder that is within a 10-minute ground transport to that backup AMU responder's base when the air medical unit is at the base and is immediately available. For purposes of determining the estimated flight time of a backup AMU responder, its flight status is to be taken into account. The central communications center is to dispatch the geographically closest backup AMU responder in the event that no primary AMU responder is available for dispatch; and
--in the case of a person requiring medical transportation, utilize GPTS to identify the geographic location of the patient as well as the geographic location and flight status of the AMU responders and first contact the backup AMU responder that is identified as being the geographically closest to the location of the patient. However, in the event that the geographically closest backup AMU responder is located at a distance which is more than 20 minutes further from the patient than the primary AMU responder is located, the central communications center is to dispatch the primary AMU responder.
� The regional communications center is not required to contact the central communications center for medical transportation dispatch.
� A regional communications center is to relay the information regarding the flight to the central communications center for purposes of flight monitoring, traffic notification, and safety.
� Once a primary or backup AMU responder is dispatched to the accident or trauma scene, the central communications center is to document the time of AMU dispatch, and document and maintain the following information, which the dispatched AMU responder is to report to the central communications center:
-- the times that the AMU is en route to the scene, arrives at the scene, departs the scene, and lands at the hospital or trauma center, respectively; and
-- any cancellation of the request for its services, whether the cancellation is received en route to the scene or upon arrival at the scene, and the reason for the cancellation.
� For emergency medical transportation, a primary or backup AMU responder is to transport a patient to the health care facility in the State that is most appropriate to the patient's medical needs, in accordance with the provisions of this bill.
� The central communications center is to maintain all documentation required pursuant to the bill for a period of no less than two years and make it available to the public upon request.
The bill also specifies that a primary or backup AMU responder is not to charge an uninsured patient an amount for AMU services that exceeds the amount reimbursed under Medicare for those services.
