BILL NUMBER: AB 2248 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 19, 2010
PASSED THE ASSEMBLY AUGUST 23, 2010
AMENDED IN SENATE AUGUST 17, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 10, 2010
INTRODUCED BY Assembly Member Hernandez
FEBRUARY 18, 2010
An act to amend Section 1797.98b of the Health and Safety Code,
relating to emergency medical care.
LEGISLATIVE COUNSEL'S DIGEST
AB 2248, Hernandez. Emergency medical care.
Existing law authorizes a county to establish an emergency medical
services fund for reimbursement of emergency medical services (EMS)
related costs, and requires an annual report to the Legislature on
the implementation and status of the fund, including the fund balance
and the amount of moneys disbursed to physicians and surgeons, for
hospitals, and for other emergency medical services purposes.
This bill would require the report to provide additional
information regarding the moneys collected and disbursed, including,
but not limited to, a description of the other medical services
purposes, and the total amount of allowable claims, if the moneys are
disbursed to hospitals on a claims basis, and the names and contact
information of the entity responsible for the collection and
disbursement of prescribed funds. By increasing the duties of local
officials, this bill would impose 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1797.98b of the Health and Safety Code is
amended to read:
1797.98b. (a) Each county establishing a fund, on January 1,
1989, and on each April 15 thereafter, shall report to the
Legislature on the implementation and status of the Emergency Medical
Services Fund. The report shall cover the preceding fiscal year, and
shall include, but not be limited to, all of the following:
(1) The total amount of fines and forfeitures collected, the
total amount of penalty assessments collected, and the total amount
of penalty assessments deposited into the Emergency Medical Services
Fund, or, if no moneys were deposited into the fund, the reason or
reasons for the lack of deposits. The total amounts of penalty
assessments shall be listed on the basis of each statute that
provides the authority for the penalty assessment, including Sections
76000, 76000.5 and 76104 of the Government Code, and Section 42007
of the Vehicle Code.
(2) The amount of penalty assessment funds collected under Section
76000.5 of the Government Code that are used for the purposes of
subdivision (e) of Section 1797.98a.
(3) The fund balance and the amount of moneys disbursed under the
program to physicians and surgeons, for hospitals, and for other
emergency medical services purposes, and the amount of money
disbursed for actual administrative costs. If funds were disbursed
for other emergency medical services, the report shall provide a
description of each of these services.
(4) The number of claims paid to physicians and surgeons, and the
percentage of claims paid, based on the uniform fee schedule, as
adopted by the county.
(5) The amount of moneys available to be disbursed to physicians
and surgeons, descriptions of the physician and surgeon claims
payment methodologies, the dollar amount of the total allowable
claims submitted, and the percentage at which those claims were
reimbursed.
(6) A statement of the policies, procedures, and regulatory action
taken to implement and run the program under this chapter.
(7) The name of the physician and surgeon and hospital
administrator organization, or names of specific physicians and
surgeons and hospital administrators, contacted to review claims
payment methodologies.
(8) A description of the process used to solicit input from
physicians and surgeons and hospitals to review payment distribution
methodology as described in subdivision (a) of Section 1797.98e.
(9) An identification of the fee schedule used by the county
pursuant to subdivision (e) of Section 1797.98c.
(10) (A) A description of the methodology used to disburse moneys
to hospitals per subparagraph (B) of paragraph (5) of subdivision (b)
of Section 1797.98a.
(B) The amount of moneys available to be disbursed to hospitals.
(C) If moneys are disbursed to hospitals on a claims basis, the
dollar amount of the total allowable claims submitted and the
percentage at which those claims were reimbursed to hospitals.
(11) The name and contact information of the entity responsible
for each of the following:
(A) Collection of fines, forfeitures, and penalties.
(B) Distribution of penalty assessments into the Emergency Medical
Services Fund.
(C) Distribution of moneys to physicians and surgeons.
(b) (1) Each county, upon request, shall make available to any
member of the public the report required under subdivision (a).
(2) Each county, upon request, shall make available to any member
of the public a listing of physicians and surgeons and hospitals
that have received reimbursement from the Emergency Medical Services
Fund and the amount of the reimbursement they have received. This
listing shall be compiled on a semiannual basis.
SEC. 2. 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.