BILL NUMBER: AB 2173	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Beall
   (  Coauthor:   Assembly Member 
 Chesbro   Coauthors:   Assembly
Members   Arambula,   Chesbro,   Coto,
  Davis,   Galgiani,   and Ma  )


                        FEBRUARY 18, 2010

   An act to add Section 76000.10 to the Government Code, relating to
emergency services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2173, as amended, Beall. Emergency air medical transportation
providers: penalty levy: reimbursement augmentation.
   Existing law requires an additional county penalty of $7 for every
$10, or part of $10, to be levied upon every fine, penalty, or
forfeiture imposed and collected by the courts for all criminal
offenses, for deposit into specified county funds relating to the
construction of courthouses, criminal justice facilities, and
forensic laboratories, and the support of emergency medical services.

   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which health care services, including medical transportation
services, are provided to qualified low-income persons. The Medi-Cal
program is partially governed and funded under federal Medicaid
provisions.
   This bill, which is to be known as the Emergency Air Medical
Transportation Act, would impose, as specified, an additional penalty
of $3 upon every conviction for an offense involving a vehicle
violation, except certain parking offenses. This bill would require
each county board of supervisors to establish in the county treasury
an emergency air medical transportation act fund into which the
penalty collected pursuant to this bill would be deposited. This bill
would require, on the last day of each calendar quarter of the year,
the county treasurer to transfer moneys in the county's emergency
air medical transportation act fund to the Controller for deposit to
the Emergency Air Medical Transportation Act Fund, which is created
by the bill. Moneys in the fund would be available, upon
appropriation by the Legislature, to the department solely for the
purposes of augmenting Medi-Cal reimbursement paid to emergency air
medical transportation services providers and to reimburse the
department  , the courts,  and each county for the expenses
of administering the bill.
   The bill would require the department to use the moneys in the
Emergency Air Medical Transportation Act Fund and federal matching
funds to increase the Medi-Cal reimbursement or supplemental payments
for emergency air medical transportation services in an amount not
to exceed normal and customary charges charged by an emergency air
ambulance transportation services provider.
   By requiring counties to create emergency air medical
transportation act funds and then deposit the levy imposed by this
bill into those funds, this bill would create a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Air ambulance services provide lifesaving emergency
transportation of the most critical patients from automobile accident
scenes directly to trauma centers. The vast majority of helicopter
scene responses are motor vehicle related.
   (b) Many of these transports originate in rural areas where ground
transportation is prolonged. In some instances, however, air
transportation may be needed in urban areas where traffic congestion
inhibits rapid transportation.
   (c) Air ambulance services providers transport all emergency
patients without knowing if the patient has any form of medical
insurance or ability to pay for the service.
   (d) Many emergency patients transported by air ambulances have no
insurance and no ability to pay for the service, but these patients
are given the same high level of care as those with medical
insurance.
   (e) Unlike the hospitals where air ambulance services providers
deliver patients, air ambulance services providers are not eligible
to apply for additional federal funding for providing services to
high numbers of indigent patients pursuant to California's
disproportionate share hospital (DSH) program under the Medi-Cal
program.
   (f) Unlike the hospitals and emergency physicians who treat the
patients after they are delivered by helicopter, air ambulance
services providers do not receive payment from the county Maddy
Emergency Medical Services Fund when they provide treatment to an
indigent patient.
   (g) Emergency air ambulance services providers provide coverage to
multiple counties within a 100-mile radius of their bases, and, as a
result, often their transports originate in a county other than
where they are based, which makes it virtually impossible for them to
be funded by local tax support except in the largest of counties.
   (h) The Medi-Cal program reimburses air ambulance services
providers far below what it costs the providers to provide emergency
air transportation and pays nothing if the patient is indigent and
not eligible for Medi-Cal. The Medi-Cal reimbursement rates for air
ambulances have not increased in over 15 years.
   (i) Currently fines and penalties on traffic violations total
between one hundred eight dollars ($108) and nineteen-thousand
dollars ($19,000), inclusive. Some of the fine and penalty money is
already collected by county courts and transferred to the state.
   (j) A small additional penalty of three dollars ($3) per traffic
violation would result in a very small percentage increase on each
penalty on traffic violations, but the money collected from the
penalty would go to support air ambulance services, which are the
most critical services that support patients who are injured as a
result of a major collision.
   (k) Air ambulance services play a key role in the statewide
emergency medical services system, including disaster response and
homeland security, so it is important for California to support these
vital services.
  SEC. 2.  Section 76000.10 is added to the Government Code, to read:

   76000.10.  (a) This section shall be known, and may be cited, as
the Emergency Air Medical Transportation Act.
   (b) (1) For the purpose of implementing this section, a penalty of
three dollars ($3) shall be imposed upon every conviction for a
violation of the Vehicle Code or a local ordinance adopted pursuant
to the Vehicle Code, except parking offenses subject to Article 3
(commencing with Section 40200) of Chapter 1 of Division 17 of the
Vehicle Code.
   (2) The penalty described in this subdivision shall be in addition
to the state penalty assessed pursuant to Section 1464 of the Penal
Code. However, this penalty shall not be included in the base fine
used to calculate the state penalty assessment pursuant to
subdivision (a) of Section 1464 of the Penal Code, the state
surcharge levied pursuant to Section 1465.7 of the Penal Code, and to
calculate the other additional penalties levied pursuant to this
chapter.
   (c) The county board of supervisors shall establish in the county
treasury an emergency air medical transportation act fund into which
shall be deposited the moneys collected pursuant to this section.
Moneys in each county's fund, including interest and dividends earned
thereon, shall be held by the county treasurer separate from funds
subject to transfer or division pursuant to Section 1463 of the Penal
Code.
   (d) (1) On the last day of each calendar quarter of the year, the
county treasurer shall transfer moneys in the county's emergency air
medical transportation act fund to the Controller for deposit to the
Emergency Air Medical Transportation Act Fund, which is hereby
established in the State Treasury. Notwithstanding Section 16305.7,
the Emergency Air Medical Transportation Act Fund shall include
interest and dividends earned on money in the fund.
   (2) The Emergency Air Medical Transportation Act Fund shall be
administered by the State Department of Health Care Services. Moneys
in the Emergency Air Medical Transportation Act Fund shall be made
available, upon appropriation by the Legislature, to the department
to augment emergency air medical transportation reimbursement
payments made through the Medi-Cal program and to reimburse the
department  , the courts,  and each county for its expenses
of administering this section.
   (3) The department shall seek to obtain federal matching funds by
using the moneys in the Emergency Air Medical Transportation Act Fund
for the purpose of augmenting Medi-Cal reimbursement paid to
emergency air medical transportation services providers.
   (4) The department shall use the moneys in the Emergency Air
Medical Transportation Act Fund and federal matching funds to
increase the Medi-Cal reimbursement or supplemental payments for
emergency air medical transportation services in an amount not to
exceed normal and customary charges charged by the emergency air
ambulance transportation services provider.
  SEC. 3.   If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.