STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 1587	By:	Wyrick

AS INTRODUCED

An Act relating to emergency medical services; creating the Gary Forbis Rural Emergency Medical Service Survival Act; providing short title; amending 63 O.S. 2011, Section 1-2530.9, as amended by Section 492, Chapter 304, O.S.L. 2012 (63 O.S. Supp. 2013, Section 1-2530.9), which relates to Trauma Care Assistance Revolving Fund; modifying use of funds for certain purposes; establishing the Rural Emergency Medical Service Survival Program; stating purpose and goals; providing program to be administered by the State Department of Health; providing for funding at certain level annually; stating priority for funding; stating procedure for funding services; requiring certain level emergency technicians by certain date; stating exception; providing for certain educational requirements by certain time periods; requiring programs meet certain national standards by certain dates; requiring certain licensees to obtain education degree; stating exception; requiring certain training facilities to partner with community colleges or universities; providing for noncodification; providing for codification; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Gary Forbis Rural Emergency Medical Service Survival Act".
SECTION 2.     AMENDATORY     63 O.S. 2011, Section 1-2530.9, as amended by Section 492, Chapter 304, O.S.L. 2012 (63 O.S. Supp. 2013, Section 1-2530.9), is amended to read as follows:
Section 1-2530.9.  A.  There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated the "Trauma Care Assistance Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Department of Health from monies apportioned thereto for purposes of this section.  All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department as follows:
1.  Ninety percent (90%) of such monies shall be used to reimburse recognized trauma facilities, licensed ambulance service providers and physicians for uncompensated trauma care expenditures as documented in the statewide emergency medical services and trauma analysis system developed pursuant to the provisions of Section 1-2511 of this title.  In lieu of or in combination with reimbursement for uncompensated care, monies from the fund may also be used to support readiness costs incurred by licensed ambulance service providers and recognized trauma facilities associated with ensuring a stable trauma care system with availability of twenty-four-hour pre-hospital emergency medical services and physician services for the provision of trauma care.  Any monies used for the treatment of Medicaid-eligible patients that are subsequently used to establish federal matching fund requirements shall also be reimbursed to eligible trauma facilities, licensed ambulance service providers and physicians; and
2.  Ten percent (10%) of such monies shall be used by the Department in the furtherance of its powers and duties set forth in the Oklahoma Emergency Response Systems Development Act.
B.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
C.  The State Board of Health shall establish by rule a formula and procedure for the distribution of funds for uncompensated trauma care and/or readiness costs that shall provide for the allocation of funds to hospitals, ambulance service providers and physicians.
D.  Annually, monies accumulated in the fund may be transferred to the Oklahoma Health Care Authority, by order of the State Commissioner of Health, to maximize Medicaid reimbursement of trauma care.  The Oklahoma Health Care Authority shall use these funds with federal matching funds to reimburse hospitals, ambulance service providers and physicians for trauma care provided to severely injured patients who are participants in Medicaid.
E.  An annual report detailing the disbursements from the fund shall be provided on January 1 of each year to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Chair of each health-related committee of both the House of Representatives and the Senate.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-2530.10 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  There is hereby established the Rural Emergency Medical Service Survival Program.  The purpose of the program is to ensure access of emergency medical care to rural and medically under-served areas of this state by funding assessment, logistics, operations, managerial and capital support to local areas.  The goal of the program is to build stable regional emergency medical service districts that meet the needs of local communities.
B.  The Rural Emergency Medical Service Survival Program shall be administered by the State Department of Health pursuant to rules promulgated by the Department.  The program shall be funded annually based on need as determined by the Department but in no year shall less than Ten Million Dollars ($10,000,000.00) be made available to the Rural Emergency Medical Service Survival Program by the Department.
C.  The Department shall grant funds first to programs that support assessment and development of a stable regional emergency medical service district in areas where gaps in emergency medical services exist, or are in danger of losing emergency medical services.
D.  After an area has developed a plan for stability and has provided the Department a statement of need, the Department shall, depending on available funds, grant rural regional emergency medical service districts funds to help stabilize the regional system.
E.  Regional emergency medical service districts receiving grants from the Rural Emergency Medical Service Survival Program shall prepare, maintain and utilize a comprehensive plan to assess and meet the emergency medical needs of the local community.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-2530.11 of Title 63, unless there is created a duplication in numbering, reads as follows:
Beginning January 1, 2020, all licensed emergency medical providers shall have at a minimum, an emergency medical technician and an emergency medical technician advanced or a paramedic on every emergency or non-emergency response unless an event occurs that overwhelms the resources available.  Volunteer licensed emergency medical providers shall not be subject to this section.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-2530-12 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  Establishing certain standards for emergency medical technician advanced or paramedic educational programs is necessary in order to protect the health and safety of the citizens of this state.
B.  Educational programs for training emergency medical technician advanced or paramedic-level courses shall be approved by the State Department of Health and shall be offered only by the state's universities, community colleges, tribal entities and career technology centers.
C.  Beginning January 1, 2018, emergency medical technician advanced and paramedic educators shall be required to be nationally certified Emergency Medical Services (EMS) Educators and possess a minimum of an associate degree.
D.  Beginning January 1, 2015, the Department shall revoke the license of any emergency medical technician advanced or paramedic education program which does not achieve the lesser of the student average first time pass rate of seventy percent (70%) or the national average on the National Registry of Emergency Medical Technicians examination in three (3) of the last five (5) years.
E.  The Department shall promulgate rules pursuant to this section that are consistent with achieving at least the national average first time pass rate on the National Registry of Emergency Medical Technicians examination.
F.  The Department shall publish the first time pass rates for each educational program on the National Registry of Emergency Medical Technicians examination on its website by February 28th of each year.
G.  Beginning January 1, 2018, the Department shall only license new paramedics that possess an associate degree.  Paramedics licensed by the Department before January 1, 2018, shall not be subject to this provision.  Tribal entities and career technology centers shall partner with a community college or university for the purpose of this provision.
H.  This section shall not apply to continuing education, in-service instruction or refresher courses as required by the National Registry of Emergency Medical Technicians.
SECTION 6.  This act shall become effective July 1, 2014.
SECTION 7.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-2-2830	MJM	1/15/2014 12:20:30 PM