BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 430


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          Date of Hearing:  April 28, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          AB 430  
          (Roger Hernández and Rodriguez) - As Amended April 20, 2015


          SUBJECT:  Trauma care systems.


          SUMMARY:  Requires local emergency medical services agencies  
          (LEMSAs) to commission an independent nonprofit organization or  
          governmental entity to conduct a comprehensive assessment of  
          their regional trauma system at least once every five years and  
          submit the results to the California Emergency Medical Services  
          Authority (EMSA).  Requires EMSA to develop a statewide trauma  
          plan to address all aspects of a trauma care system and report  
          to the Legislature the status of the development or  
          implementation of the statewide trauma plan.  Specifically, this  
          bill:


          1)Requires a LEMSA implementing a trauma care system, as part of  
            the minimum standards for the implementation of a trauma care  
            system, to do all of the following:

             a)   Commission an independent nonprofit organization or  
               governmental entity qualified to assess trauma systems to  
               conduct an assessment at least once every five years of its  
               trauma system in conjunction with other LEMSAs in the same  
               region and with the regional trauma coordinating committee  
               (RTCC); 









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             b)   Submit the results of each assessment to EMSA at least  
               once every five years.  Allows the RTCC, along with EMSA,  
               to determine if subsequent assessments are to occur on a  
               more frequent basis depending on the outcomes of the  
               initial assessment, as specified; and,



             c)   Establish an oversight committee composed of  
               representatives from county departments who have expertise  
               in trauma care systems, as well as in bioterrorism  
               preparedness programs, for the purpose of assisting, and  
               investigating the feasibility of, health facilities in  
               underserved areas serving as a trauma facility within the  
               trauma care system.  Requires the oversight committee to  
               make recommendations and report on its activities to the  
               LEMSA.



          2)Allows RTCCs to assess and provide recommendations to the  
            LEMSA and to EMSA.  Requires the LEMSA implementing a trauma  
            care system to incorporate these recommendations into their  
            trauma care plans and submit these revised plans to EMSA for  
            approval.

          3)Requires EMSA to develop a statewide trauma plan that  
            addresses all aspects of a trauma care system, including, but  
            not limited to, a statewide plan for trauma in the case of  
            bioterrorism, natural disasters, mass casualties, and access  
            to trauma care for rural and urban communities.



          4)Requires EMSA to report the findings on the status and  
            development or implementation on the statewide trauma plan to  
            the Legislature by March 31, 2016.  Sunsets this requirement  
            on March 31, 2020.









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          EXISTING LAW:


          1)Establishes EMSA, which is responsible for the coordination  
            and integration of all state activities concerning emergency  
            medical services (EMS), including the establishment of minimum  
            standards, policies, and procedures.  

          2)Authorizes counties to develop an EMS program and designate a  
            LEMSA responsible for planning and implementing an EMS system,  
            which includes day-to-day EMS system operations.

          3)Requires a LEMSA that elects to implement a trauma care system  
            to develop and submit a plan to EMSA according to the  
            regulations established prior to the implementation.

          4)Requires EMSA to draft regulations specifying minimum  
            standards for the implementation of a trauma care system  
            including, among other things, data collection regarding  
            system operation and patient outcome, and periodic performance  
            evaluation of the trauma system and its components.


          FISCAL EFFECT:  This bill has not been analyzed by a fiscal  
          committee.


          COMMENTS:


          1)PURPOSE OF THIS BILL.  According to the author, in 2002 Los  
            Angeles (LA) County voters passed Measure B, an initiative to  
            fund the trauma network countywide, maintain and expand the  
            trauma system, provide emergency room services, and tackle  
            bioterrorism.  Measure B is a critical funding source to  
            maintain, improve, and expand the region's trauma system and  
            ensure the rates of diversion and wait times in emergency  
            rooms decrease in underserved communities.  Last year, at the  








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            request of the author, the California State Auditor reported  
            on deficiencies in the implementation of Measure B.  The State  
            Auditor concluded that LA County is currently lacking the  
            ability to publicly demonstrate Measure B funds address the  
            most pressing trauma and emergency room needs in the region.   
            The Auditor recommends the establishment of an oversight  
            committee and the commission of a comprehensive regional  
            assessment.

          The author states the goal of this bill is to provide better  
            accountability and transparency of Measure B funds in LA  
            County and institute best practices for trauma systems  
            statewide.  The State Auditor found no evidence of a  
            comprehensive assessment to evaluate whether the LA County  
            Board of Supervisors (Board) has the best available data to  
            make evidence-based decisions regarding the investment of  
            Measure B resources.  The author argues this bill will require  
            the Board to reestablish the Measure B Oversight Committee, as  
            it has not revisited its allocation of Measure B funds in over  
            a decade.  To ensure strong fiscal stewardship of the funds  
            and ensure that the important trauma emergency services are  
            being provided, LA County must revisit decades old  
            information.

          2)BACKGROUND.  


          
             a)   Model Trauma System Planning and Evaluation.  According  
               to the U.S. Department of Health and Human Services (HHS),  
               Health Resources and Services Administration, a trauma  
               system is a pre-planned, comprehensive, and coordinated  
               statewide and local injury response network that includes  
               all facilities with the capability to care for the injured.  
                It is the system's inclusiveness, or range of pre-planned  
               trauma center and non-trauma center resource allocation,  
               that offers the public a cost-effective plan for injury  
               treatment.  In such an effective system, trauma care  
               delivery is organized through the entire spectrum of care  








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               delivery, from injury prevention to prehospital, hospital,  
               and rehabilitative care delivery for injured persons.  The  
               system begins with a state's authority to designate various  
               levels of trauma and burn centers and through data  
               collection and analysis processes, demonstrates its own  
               effectiveness time and time again.

             According to the HHS Model Trauma System Planning and  
               Evaluation, injury is a leading cause of death in the  
               United States and continues to occur every day and in every  
               state.  The rates are not declining and the threat is  
               magnified with the consideration of unexpected natural and  
               man-made incidents.  A primary strategy of the public  
               health approach is to identify a problem based on data,  
               devise and implement an intervention, and evaluate the  
               outcome.  These fundamental core functions of public health  
               are applied to public health assessment, policy  
               development, and evaluation mechanisms to ensure quality  
               patient outcomes.

             Historically, trauma centers provided care to patients with  
               major injuries and focused mostly on tertiary prevention.   
               The trauma system, in contrast, should contribute to  
               reducing the entire burden of injury in a state, region, or  
               community.  Therefore, it should integrate all three phases  
               of injury prevention into planning and practice.  Improving  
               the injury health status of a community is far more complex  
               and extensive than just ensuring good trauma care of  
               injured patients.  The population cared for in the trauma  
               system is diverse, that is, with wide regional variation in  
               age, ethnicity, and geography.  To be most effective,  
               injury prevention resources need to be targeted and  
               customized to specific population groups.  Only with the  
               full mobilization of the community's health care and public  
               health resources, in concert with the trauma system, will  
               injury prevention efforts be effective.

             The ultimate evaluation outcome of trauma system  
               implementation is a reduction in morbidity and mortality.   








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               This goal can be accomplished through trauma system  
               planning and implementation of process of care improvement,  
               enhancement of system performance, use of evidence-based  
               research, development and implementation of targeted injury  
               prevention programs, and revisions to trauma system plans  
               based on system assessments and data-based needs.
             
             b)   California's EMS System.  California operates on a  
               two-tiered EMS system.  EMSA is the lead agency and  
               centralized resource to oversee emergency and disaster  
               medical services.  EMSA is charged with providing  
               leadership in developing and implementing local EMS systems  
               throughout California.  California has 33 LEMSAs: seven  
               regional multi-county systems and 25 single-county  
               agencies.  The regional systems are usually comprised of  
               small, rural, less-populated counties, and single-county  
               systems generally exist in the larger and more urban  
               counties.  LEMSAs are responsible for planning,  
               implementing, and managing local trauma care systems,  
               including assessing needs, developing the system design,  
               designating trauma care centers, collecting trauma care  
               data, and providing quality assurance.



             EMSA provides statewide coordination and leadership for the  
               planning, development, and implementation of local trauma  
               care systems.  EMSA's responsibilities include the  
               development of statewide standards for trauma care systems  
               and trauma centers, the provision of technical assistance  
               to local agencies developing, implementing or evaluating  
               components of a trauma care system, and the review and  
               approval of local trauma care system plans to ensure  
               compliance with the minimum standards set by EMSA.
             
          3)REGIONAL PLANNING.  In 2008, EMSA defined five regions and  
            created corresponding RTCCs composed of trauma system  
            providers, LEMSA staff, and trauma system stakeholders from  
            within each region.  The RTCCs serve in an advisory capacity  








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            to promote regional cooperation, enhance and develop best  
            practices, assist with the analysis of regional data, and work  
            collaboratively with the state and LEMSAs to develop regional  
            policies and protocols in support of the State Trauma System. 

          4)STATEWIDE TRAUMA PLAN.  In 2005, Governor Schwarzenegger  
            directed EMSA and the State Trauma Advisory Committee (STAC)  
            to complete the statewide trauma care plan.  EMSA published a  
            planning document "California Statewide Trauma Planning:   
            Assessment and Future Direction" in 2006, which analyzes the  
            status of trauma care in the state and to make recommendations  
            for a California Statewide Trauma System.  Since that time,  
            EMSA has been developing a Statewide Trauma Plan but has not  
            yet approved a final plan.  EMSA has stated that the STAC is  
            reviewing the final draft of the State Trauma Plan. 

          5)LOS ANGELES COUNTY'S MEASURE B.  In order to maintain and  
            expand the trauma system countywide, to ensure the continued  
            availability of EMS, and to respond effectively to biological  
            terrorism, voters in LA County approved Measure B in 2002.   
            With the passage of the measure, the LA Board of Supervisors  
            implemented a parcel tax of $0.03 per square foot on generally  
            all structural improvements, which it has increased over time.  
             In fiscal year 2011-12, the measure generated more than $256  
            million in revenue. 



          In recent years, concerns have been raised about the expenditure  
            of Measure B funds and whether they are being equitably  
            allocated throughout the county.  Critics point to the fact  
            that parts of the area, such as eastern San Gabriel Valley,  
            are still lacking a trauma center.  In 2013 the Joint  
            Legislative Audit Committee approved an audit by the State  
            Auditor to examine the spending of Measure B funds in LA  
            County.  Among other things, the State Auditor recommended  
            that the LA County Board of Supervisors reinstate the Measure  
            B oversight committee, which was dissolved in 2004.  The  
            Auditor also recommended that the LA County Board of  








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            Supervisors use Measure B funds to perform a comprehensive  
            assessment, and to address any identified weaknesses in the  
            trauma system.  In response, the LA County Board of  
            Supervisors stated that they had addressed the region's most  
            pressing trauma needs by adding two new private trauma  
            hospitals, adding 24/7 air medical transport services, and by  
            reducing overall mortality rates in LA County since 2002.
          6)OPPOSITION.  The EMS Administrators Association of California  
            and the EMS Medical Directors Association of California are  
            strongly opposed to this bill.  This opposition writes that  
            currently, LEMSAs and their physician medical directors are  
            responsible for planning, implementing, and evaluating the  
            effectiveness of EMS trauma systems within their jurisdiction  
            in accordance with current EMSA regulations.  LEMSAs, with the  
            oversight of EMSA and the Commission on EMS, currently perform  
            objective and independent trauma planning and system  
            evaluation.  While there may be value on a case by case basis  
            for a LEMSA to voluntarily choose to conduct an assessment,  
            there exists no compelling argument to mandate a regional  
            trauma system assessment for each region.  The increase in EMS  
            staff costs could surpass $100,000 a year in many counties.   
            Local jurisdictions would have no choice but to pass along  
            these costs to hospitals by increasing trauma center  
            designation fees.



          The California State Association of Counties (CSAC) and the  
            Rural County Representatives of California (RCRC), also in  
            opposition, add that LEMSAs currently work closely with  
            existing RTCCs, which are voluntary committees that primarily  
            serve as a forum to share best practices for trauma care.  By  
            elevating the role and responsibility of volunteer RTCCs, this  
            bill would usurp the proven ability of LEMSAs to effectively  
            and impartially oversee local EMS systems.  CSAC and RCRC  
            contend that LEMSAs are currently required to develop and  
            submit a local trauma care plan to EMSA each year.  Those  
            plans must enumerate the type, quality, and performance levels  
            of each of the emergency services components that the local  








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            LEMSA oversees.  This current framework is transparent,  
            accountable, and has served to support robust local EMS  
            systems for decades.  CSAC states this bill would upend this  
            system by increasing the role of the volunteer RTCCs and  
            imposing additional mandates and costs on local LEMSAs.
          7)RELATED LEGISLATION.  


             a)   AB 70 (Waldron) changes the reporting requirement that  
               EMSA report annually to the Legislature on the  
               effectiveness of the statewide trauma system to once every  
               five years.  AB 70 is currently pending hearing in the  
               Assembly Health Committee.
             b)   AB 503 (Rodriguez) allows a health facility to release  
               patient-identifiable medical information to an EMS provider  
               and to a LEMSA when specific data elements are requested  
               for the purpose of quality assessment and improvement.   
               Requires EMSA to develop minimum standards for the  
               implementation of this data collection system.  AB 503 is  
               currently pending on the Assembly Floor.


             c)   AB 1129 (Burke) requires an emergency medical care  
               provider, when collecting and sharing data with a LEMSA, to  
               use a system compatible with California Emergency Medical  
               Services Information System and National Emergency Medical  
               Services Information System standards, as specified.   
               Prohibits a LEMSA from mandating that a provider use a  
               specific system to collect and share this data.  AB 1129 is  
               currently pending hearing in the Assembly Health Committee.


          8)PREVIOUS LEGISLATION. 

             a)   AB 1975 (Roger Hernández) of 2014 would have required  
               LEMSAs to contract with the American College of Surgeons  
               every five years to conduct a comprehensive assessment of  
               the county trauma system.  AB 1975 was held on the Suspense  
               file in the Assembly Appropriations Committee.








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             b)   AB 1621 (Lowenthal and Rodriguez), also of 2014, would  
               have required EMSA to develop the State Emergency Medical  
               Services Data and Information System in order to assess  
               each EMS area or LEMSAs service area to determine the need  
               for additional EMS services, coordination of EMS services,  
               and the effectiveness of EMS.  AB 1621 was held on the  
               Suspense file in the Senate Appropriations Committee.


             c)   SB 266 (Romero) of 2005 would have required EMSA to  
               establish a trauma care advisory committee and required the  
               committee to develop a statewide trauma care plan by  
               January 1, 2007.  SB 266 was vetoed by Governor  
               Schwarzenegger, stating " I am directing EMSA, informed by  
               its Trauma Advisory Committee, to complete its statewide  
               trauma care plan and provide me recommendations by no later  
               than June 1, 2006." 


             d)   AB 1988 (Diaz), Chapter 333, Statutes of 2002, requires  
               EMSA to convene a task force to study the delivery and  
               provision of EMS.  Requires the task force, among other  
               things, to develop a plan to ensure that all Californians  
               are served by appropriate coverage areas for emergency and  
               trauma services and that sufficient numbers of emergency  
               departments and trauma centers exist to serve each area's  
               population.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file.









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          Opposition


          California State Association of Counties


          Emergency Medical Services Administrators Association of  
          California


          Emergency Medical Services Medical Directors Association of  
          California


          Rural County Representatives of California




          Analysis Prepared by:Patty Rodgers / HEALTH / (916) 319-2097