BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 503


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          Date of Hearing:  April 7, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          AB 503  
          (Rodriguez) - As Amended March 23, 2015


          SUBJECT:  Emergency medical services.


          SUMMARY:  Allows a health facility to release  
          patient-identifiable medical information to an emergency medical  
          services (EMS) provider and to a local emergency medical  
          services agency (LEMSA) when specific data elements are  
          requested for the purpose of quality assessment and improvement.  
           Requires the Emergency Medical Services Authority (EMSA) to  
          develop minimum standards for the implementation of this data  
          collection system.  Specifically, this bill:


          1)Allows a health facility, as defined, to release  
            patient-identifiable medical information, upon request, to the  
            EMS provider that provided treatment or transported the  
            patient, when those data elements are to be used for quality  
            assessment and improvement.


          2)Allows a health facility, as defined, to release  
            patient-identifiable medical information, upon request, to  
            EMSA or to the LEMSA when those data elements are to be used  
            for quality assessment and improvement.










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          3)Limits the data elements that an EMS provider, LEMSA, or EMSA  
            may request to those that are minimally necessary, in  
            compliance the Health Insurance Portability and Accountability  
            Act of 1996 (HIPAA).


          4)Requires EMSA to develop minimum standards for the  
            implementation of a data collection system to monitor patient  
            outcomes and performance quality improvement.


          5)Defines, for the purposes of this bill, an EMS provider as an  
            organization employing an Emergency Medical Technician (EMT)  
            I, Advanced EMT, or EMT Paramedic for the delivery of  
            emergency medical care to the sick and injured at the scene of  
            an emergency, during transport, or during an interfacility  
            transfer.


          6)States that it is the intent of the Legislature to encourage  
            data sharing between EMS providers and hospitals in order to  
            improve system effectiveness, quality of care, and the impact  
            of EMS on death and disability.


          EXISTING LAW:


          1)Establishes the state EMSA which is responsible for the  
            coordination and integration of all state activities  
            concerning EMS, including establishing the minimum standards  
            for the policies and procedures necessary for medical control  
            of the statewide EMS system.

          2)Requires EMSA, utilizing local and regional information to  
            asses each EMS area or LEMSA service area to determine the  
            need for additional EMS services, coordination of EMS  
            services, and the effectiveness of EMS services.









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          3)Authorizes counties to develop an EMS program and designate a  
            LEMSA responsible for planning and implementing an EMS system.
          4)Establishes the 16-member EMS Commission within the California  
            Health and Human Services Agency, specifies its membership and  
            appointing authorities, and defines the duties. 

          5)Defines "prehospital EMS providers" to include: an authorized  
            registered nurse or mobile intensive care nurse; EMT-I;  
            EMT-II; EMT-paramedic; lifeguard; firefighter; or, peace  
            officer, as defined, or a physician and surgeon who provides  
            prehospital emergency medical care or rescue services.

          6)Establishes under federal law, HIPAA, which among various  
            provisions, mandates industry-wide standards for health care  
            information on electronic billing and other processes; and,  
            requires the protection and confidential handling of protected  
            health information. 

          7)Establishes under state law the Confidentiality of Medical  
            Information Act (CMIA) which governs the disclosure of medical  
            information by health care providers, Knox-Keene Health Care  
            Service Plan Act of 1975 (Knox-Keene) regulated plans, health  
            care clearinghouses, and employers.

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


          COMMENTS:


          1)PURPOSE OF THIS  
            BILL.  According to the author, prehospital providers of  
            emergency medical care or transport, such as ambulance  
            companies, need patient-identifiable outcomes in order to  
            evaluate the effectiveness of their clinical and operational  
            procedures to improve patient care and outcomes.  The author  
            further states that public policy should permit and encourage  
            quality improvement and systems effectiveness between  








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            hospitals and prehospital emergency service providers.  The  
            author argues that while federal law allows this to occur,  
            state law does not and this bill would allow such disclosures  
            to occur under state law.
            2)BACKGROUND.  In 2012, EMSA received a grant from the California  
            HealthCare Foundation (CHCF) to increase the accessibility and  
            accuracy of prehospital data for public, policy, academic and  
            research purposes to facilitate system evaluation and  
            improvement.  The grant included a review of EMSA's existing  
            system, the development of a core measures program, and  
            engagement with LEMSAs to facilitate uniform reporting.  As  
            part of the project, EMSA has begun implementation of the new  
            national data standards and integrating electronic health  
            information systems.

            The CHCF-funded projected revealed:  a) that the existing  
            system had a number of weaknesses that made it difficult for  
            EMSA to validate EMS information for reporting, impacting its  
            suitability for statewide sustainability and transition to the  
            new national data standards; b) that variability in data  
            collection methodology (in some cases related to the use of  
            paper vs. electronic patient records) limited the usefulness  
            of data submitted; and, c) the lack of hospital outcome data,  
            particularly for cardiac arrest cases limited the ability of  
            LEMSAs to obtain universal outcome data.  The capacity of the  
            current system was also assessed by the Health Services  
            Advisory Group, an External Quality Review Organization  
            network contractor, which found similar weaknesses to those  
            identified in the CHCF core measures project.  The  
            recommendations for EMSA included better standardization of  
            data collection from LEMSAs.
          3)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 LEMSAs  
            throughout California, and in setting standards for the  
            training and scope of practice of various levels of EMS  
            personnel.  California has 32 LEMSAs that provide EMS for  








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            California's 58 counties.  (Seven regional EMS systems  
            comprised of 33 counties and 25 single-county agencies provide  
            the services.)  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.
          4)MEDICAL  
            PRIVACY.
             a)   CMIA.  In California, the CMIA governs the disclosure of  
               medical information by health care providers, Knox-Keene  
               regulated plans, contractors, health care clearinghouses,  
               and employers.  Specifically, the CMIA prohibits a provider  
               of health care, health plan, or contractor from disclosing  
               medical information regarding a patient or an enrollee or  
               subscriber without first obtaining an authorization, unless  
               the disclosure is permitted.

             b)   HIPAA.  HIPAA, among various provisions, requires the  
               protection and confidential handling of protected health  
               information (this is commonly referred to as HIPAA Privacy  
               Rules).  The HIPAA Privacy Rules provide federal  
               protections for personal health information (PHI) held by  
               covered entities and give patients an array of rights with  
               respect to that information.  Disclosure of PHI is  
               permitted when needed for patient care and other important  
               purposes.  On the other hand, HIPAA's Security Rule  
               specifies a series of administrative, physical, and  
               technical safeguards for covered entities to use to assure  
               the confidentiality, integrity, and availability of  
               electronic PHI.


            5)SUPPORT.  The sponsor of this bill, the California Hospital  
            Association (CHA), writes in support that prehospital EMS  
            providers, such as ambulance companies, need  
            patient-identifiable outcome information to evaluate the  








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            effectiveness of their clinical and operational procedures to  
            improve their patent safety and quality outcomes, particularly  
            for emergency services programs such as trauma, stroke, and  
            STEMI (ST segment elevation myocardial infarction - a type of  
            heart attack).  CHA maintains that public policy should permit  
            and encourage quality improvement activities between providers  
            and hospitals to improve quality and patient safety and  
            ultimately improve emergency patient survival rates.   
            According to CHA, HIPAA regulations permit hospitals to  
            release patient-identifiable medical information to  
            prehospital EMS providers for quality assessment and  
            improvement purposes
          6)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 430 (Roger Hernández) requires EMSA to develop a  
               statewide trauma plan that addresses all aspects of a  
               trauma care system and report the status the plan to the  
               Legislature no later than March 31, 2016.  Requires LEMSAs  
               implementing trauma care systems to commission an  
               independent nonprofit organization or governmental entity  
               qualified to assess trauma systems to conduct a  
               comprehensive regional assessment of equitability and  
               access to its trauma system at least once every five years.  
                AB 430 is currently pending hearing in the Assembly Health  
               Committee.


             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  








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               currently pending hearing in the Assembly Health Committee.


          7)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.
             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.










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          REGISTERED SUPPORT / OPPOSITION:




          Support
          California Hospital Association (sponsor)


          California Ambulance Association


          California Fire Chiefs Association


          Fire Districts Association of California




          Opposition
          None on file.




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




















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