BILL ANALYSIS AB 1660 Page 1 Date of Hearing: March 22, 2010 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair AB 1660 (Salas) - As Introduced: January 19, 2010 SUBJECT : Emergency aircraft flights for medical purposes SUMMARY : Expands the definition of "emergency aircraft flights for medical purposes," to include the return, non-emergency flights of aircraft or equipment used during a medical emergency, or emergency personnel and first responders involved in treating the medical emergency, for the purpose of returning the aircraft or equipment back to the base of operation. Further, this bill specifies that any information disclosure concerning emergency medical flight patient information be consistent with federal laws and regulations relative to patient medical records privacy and confidentiality. EXISTING LAW : 1)Under state law, exempts from local ordinances restrictions on flight arrivals and departures of emergency aircraft flights for medical purposes by law enforcement, fire fighting, military, or other persons who provide emergency flights for medical purposes. The law exempts such emergency aircraft flights from local ordinances restricting flights based upon the hour of the day or aircraft noise level. Also, the law provides further definition of the term "emergency aircraft flights for medical purposes." 2)Authorizes any airport that incurs additional expenses in order to accommodate the arrival or departure of emergency aircraft flights for medical purposes to charge the patient on whose behalf the flight is made, or any organization or entity which has volunteered to reimburse the airport, for those expenses. 3)Pursuant to federal laws and attendant regulations, protects patient privacy and confidentiality relative to patient medical records and other health information. FISCAL EFFECT : Unknown. COMMENTS : According to the sponsor of this bill, the California AB 1660 Page 2 Airports Council, "current law provides an exemption for civilian air ambulance aircraft operating under a Federal Aviation Administration 'Lifeguard' call sign to land after hours at certain airports without being subject to a fine. 'Lifeguard' is a special radio call sign used by air ambulances to receive special handling by air traffic controllers. Any aircraft with a medical emergency on board or a flight involving medical supplies, vital organs, and blood products may use this call sign. However, there is no provision providing emergency aircraft with the ability to depart certain airports once their mission has been completed. Thus, emergency aircraft, which may need to return to base for the next emergency operation, are faced with either remaining at an airport or risk paying a fine. Although an emergency medical flight is a rare occurrence at many of our state airports, nonetheless, this bill clarifies that the state exemption for these emergency medical flights to land after hours at a certain airport also allows those air ambulances to depart an airport after hours without penalty." The author contends that this bill is necessary to clarify that emergency medical flights receive an exemption from local ordinances not only from arrivals but for subsequent departures as well when the medical emergency no longer exists. However, others may contend that existing law specifically declares that emergency medical flights are exempt from local ordinances for departures as well as arrivals and, thus, the term "emergency aircraft flights for medical purposes" does not need to be expanded. Further, when asked for specific examples of fines or penalties being imposed upon medical flight operators for non-emergency returning flights within the local airport curfew hours, the sponsors were not able to provide any. The other provision of this bill ensures that medical emergency flight patient information disclosure is consistent with federal laws and regulations relative to patient medical records privacy and confidentiality. In support of this bill, the San Diego County Regional Airport Authority believes that an exemption for the return of emergency equipment and personnel to their base of operation during curfew hours of operation of an airport is necessary as "some pilots involved in emergency medical flights must sometimes choose to either remain at a curfew-restricted airport for several hours or face the possibility of incurring penalties or fines for departing during a curfew-restricted time." AB 1660 Page 3 Related bills: AB 2173 (Beall) of 2010, would increase penalties for motor vehicle violations with the revenues used solely for the purposes of augmenting Medi-Cal reimbursement paid to emergency air medical transportation services providers. AB 2173 is basically a reintroduction of last year's AB 1153, by the same author, and has been referred to the Assembly Health Committee. AB 1153 was approved by the Assembly Public Safety Committee but was held on the Appropriations Committee suspense file. AB 1272 (Hill) of 2009, pertains to the local approvals of heliport landing pads at trauma centers for emergency medical flights. That bill passed this committee and is awaiting hearing in the Senate Health Committee. REGISTERED SUPPORT / OPPOSITION : Support California Airports Council (sponsor) Airport Owners and Pilots Association California State Sheriffs' Association Emergency Medical Services Administrators' Association of California San Diego County Regional Airport Authority Opposition None on file Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093