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
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          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
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          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