BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    AB 1129             
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          |AUTHOR:        |Burke                                          |
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          |VERSION:       |June 23, 2015                                  |
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          |HEARING DATE:  |July 1, 2015   |               |               |
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          |CONSULTANT:    |Vince Marchand                                 |
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           SUBJECT  :  Emergency medical services: data and information  
          system.

           SUMMARY  :  Requires an emergency medical care provider, when submitting  
          data to a local emergency medical services agency (LEMSA), to  
          use an electronic health record system that is compatible with  
          specified standards, and that includes those data elements that  
          are required by the LEMSA. Prohibits a LEMSA from mandating that  
          a provider use a specific electronic health record system.

          Existing law:
          1)Establishes the Emergency Medical Services Agency (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)Requires EMSA to develop planning and implementation  
            guidelines for EMS systems which address specified components,  
            including communications, system organization and management,  
            and data collection and evaluation.

          3)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.  

          4)Establishes an 18-member Commission on EMS, within the  
            California Health and Human Services Agency (HHSA).  Defines  
            the duties of the Commission to include reviewing regulations,  
            standards, and guidelines developed by EMSA; advising EMSA on  
            a data collection system; advise on emergency facilities and  
            services, emergency communications, medical equipment,  
            personnel training, and various aspects of the EMS system;  







          AB 1129 (Burke)                                    Page 2 of ?
          
          
            and, to make recommendations for further development of the  
            EMS system.
          
          This bill:
          1)Requires an emergency medical care provider to do both of the  
            following when collecting and submitting data to a LEMSA:

                  a)        Use an electronic health record system that  
                    exports data in a format that is compatible with the  
                    California Emergency Medical Services Information  
                    System (CEMSIS) and the National Emergency Medical  
                    Services Information System (NEMSIS) standards and  
                    includes those data elements that are required by the  
                    LEMSA; and,
                  b)        Ensure that the electronic health record  
                    system can be integrated with the LEMSA's data system,  
                    so that the LEMSA can collect data from the provider.

          2)Prohibits a LEMSA from mandating that a provider use a  
            specific electronic health record system to collect and share  
            data with the LEMSA.

          3)Prohibits this bill from modifying or affecting an existing  
            contract or agreement executed before January 1, 2016, between  
            a LEMSA and an emergency medical care provider.
           
          FISCAL  
          EFFECT  :  This bill has been keyed non-fiscal.

           PRIOR  
          VOTES  :  
          
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          |Assembly Floor:                     |77 - 0                      |
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          |Assembly Health Committee:          |16 - 0                      |
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          COMMENTS  :
          1)Author's statement.  According to the author, this bill  
            ensures that California has an accurate picture of its EMS  
            programs across the state, improves our coordination with  
            national efforts, and provides local EMS providers with the  
            guidance and flexibility they need to deploy electronic  








          AB 1129 (Burke)                                    Page 3 of ?
          
          
            patient record systems, without placing an unnecessary burden  
            on local EMS providers, particularly those that cover multiple  
            LEMSAs. According to the author, a key requirement for any  
            electronic patient record is compatibility with CEMSIS and  
            NEMSIS standards to ensure that both the state and federal  
            authorities can track EMS trends accurately. However, without  
            guidelines in law, LEMSAs are able to require EMS providers in  
            their jurisdiction to purchase specific software or hardware  
            for electronic patient records and data collection.  While  
            that may be acceptable for EMS providers that only serve a  
            single LEMSA, for providers that cover multiple LEMSAs, such  
            as air ambulance providers, specific LEMSA requirements for  
            software and/or hardware can be an unnecessary and costly  
            burden.  The author states that there are currently 60  
            different software packages that are NEMSIS compliant. Over  
            90% of California's EMS providers already have a NEMSIS  
            compatible data system in place.  In many areas, EMS providers  
            can choose the electronic patient record software that best  
            meets their needs and budget, so long as it is NEMSIS  
            compatible. For smaller EMS providers, changing software due  
            to a LEMSA change in requirements is very expensive and  
            additional training will be required of EMS personnel. This  
            bill helps ensure the consistency and quality of data  
            collection across California by requiring the data collected  
            by EMS providers to be consistent with both NEMSIS and CEMSIS  
            data standards for EMS services, and compliant with the  
            LEMSA's system, but allows the EMS provider to select the data  
            collection system, hardware, or software to use.  

          2)NEMSIS and CEMSIS. NEMSIS was formed in 2001 by the National  
            Association of State EMS Directors, in conjunction with the  
            National Highway Traffic Safety Administration and the  
            Trauma/EMS Systems program of the Health Resources and  
            Services Administration's Maternal Child Health Bureau, in  
            order to develop a national EMS database. NEMSIS is the  
            national repository that will be used to potentially store EMS  
            data from every state in the nation, and was developed to help  
            states collect more standardized elements to allow submission  
            to the national database.

          According to EMSA, CEMSIS is a demonstration project for  
            improving EMS data analysis across California. CEMSIS offers a  
            secure, centralized data system for collecting data about  
            individual EMS requests, patients treated at hospitals, and  
            EMS provider organizations. EMSA states that at least 14 of  








          AB 1129 (Burke)                                    Page 4 of ?
          
          
            California's 33 LEMSAs currently send a variety of local data  
            collections to CEMSIS on a voluntary basis, and in return,  
            these local agencies gain access to digital tools for running  
            comprehensive reports on their own data at no cost. EMSA  
            states when fully operational with 100% local participation,  
            it is estimated that CEMSIS will catalogue more than three  
            million EMS events per year. According to EMSA, it will use  
            the data to develop and coordinate high quality emergency  
            medical care in California through activities such as  
            healthcare quality programs that monitor patient care  
            outcomes, agency collaboration across jurisdictional  
            boundaries, and public health surveillance.

          In order to improve local data quality and prepare California  
            EMS for health information exchange, EMSA is planning to adopt  
            new data standards known as NEMSIS Version 3, which will  
            provide a set of tools that EMS professionals can use to  
            integrate EMS patient care data with electronic medical  
            records at hospitals, leading to better patient outcomes and a  
            smarter system of care. On October 1, 2014, the NEMSIS  
            Technical Advisory Committee announced that California was the  
            first state to successfully transmit NEMSIS Version 3 EMS data  
            to the national repository using field and state level  
            software "certified compliant" with the NEMSIS V3 standard.  
            According to EMSA, through its partnership with the Inland  
            Counties Emergency Medical Agency, test data from three  
            different software vendors was sent to NEMSIS.
          
          3)Related legislation. AB 503 (Rodriguez), would permit a  
            hospital to release patient-identifiable medical information  
            to an EMS provider, to the LEMSA, or to the Emergency Medical  
            Services Agency, for quality assessment and improvement  
            purposes.
            AB 503 is set for hearing on July 1, 2015 in this committee.
          
          4)Prior legislation. AB 1621 (Lowenthal, 2014), would have  
            required the EMSA to adopt a single statewide standard for the  
            collection of information regarding pre-hospital care for  
            CEMSIS, required EMSA to develop standards for electronic  
            patient care records systems used by LEMSAs and local  
            pre-hospital EMS providers to ensure compatibility with  
            CEMSIS, and required LEMSAs to submit patient information to  
            EMSA utilizing the single statewide standard in a timely  
            manner. AB 1621 was held on the Senate Appropriations  
            Committee suspense file.








          AB 1129 (Burke)                                    Page 5 of ?
          
          

          AB 1975 (R. Hernández, 2014),would have required local EMS  
            agencies to contract with the American College of Surgeons  
            every five years to conduct a comprehensive assessment of  
            their regional trauma system. AB 1975 was held on the Assembly  
            Appropriations Committee suspense file.

          SB 535 (Nielsen, 2013), would have increased the membership of  
            the EMS Commission from 18 to 20 members, and required the  
            additional members to be an air ambulance representative  
            appointed by the Senate Committee on Rules, and representative  
            appointed by the Speaker of the Assembly from a public agency  
            that provides air rescue and transport. SB 535 was vetoed by  
            the Governor.

          5)Double referral. This bill is double referred.  Should it pass  
            out of this committee, it will be referred to the Senate  
            Judiciary Committee.

          6)Support.  According to the author, this bill is sponsored by  
            the Ambulance Association of Orange County (AAOC), which  
            states that this bill would preclude a LEMSA from mandating  
            any particular software or hardware on ambulance companies or  
            fire departments, and instead, only require compatibility with  
            NEMSIS and CEMSIS programs. AAOC states that the goal of  
            NEMSIS is to set a standard for the exchange of healthcare  
            information among different providers and agencies, and that  
            it is not meant, nor is it necessary, to mandate a particular  
            software to meet this standard. AAOC states that mandating a  
            particular software platform creates the need for duplicative  
            systems because many providers serve multiple counties  
            throughout the state. The City of Ontario states in support  
            that this bill is simple, yet effective. The City of Ontario  
            states that requiring EMS providers to collect data in a  
            system compatible with CEMSIS and NEMSIS ensures that data can  
            easily be transferred across agencies, and that in emergency  
            situations, fluidity of data transfer can have a significant  
            effect on a medical provider's ability to care for patients.  
            The California Professional Firefighters states in support  
            that this bill will ensure California has an accurate picture  
            of its EMS programs across the state, improves coordination  
            with national efforts, and provides local EMS providers with  
            the guidance they need to deploy electronic patient record  
            systems.









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          7)Opposition.  The County of San Bernardino (County) states in  
            opposition that its overall concern with this bill is the lack  
            of clarity and specificity regarding the "data" to be shared,  
            and that it is unclear what data a medical care provider is  
            collecting and sharing with the LEMSA. The County states that  
            if this bill is intended to apply to the real-time data passed  
            from a care provider's system to a LEMSA live data system with  
            the intent to create and update live electronic patient care  
            records, rather than reporting data after-the-fact to meet  
            state mandates for records, there is a high likelihood of  
            suffering data integrity issues when a centralized LEMSA  
            system attempts to assimilate real-time data from a different  
            system utilized by a provider. The County states in order for  
            ICEMA (the LEMSA for San Bernardino, Inyo and Mono Counties)  
            to provide this functionality, the systems would have to be  
            re-designed, reconfigured and redeployed as a new system while  
            trying to concurrently maintain the existing systems to  
            accommodate the decentralized approach for allowing care  
            providers to use different systems. According to the County,  
            its experience in trying to collect vital patient data from  
            disparate sources has demonstrated that it is extremely  
            complicated and difficult to merge the elements of system  
            compatibility and data integrity, and that a single system is  
            crucial to managing patient care and safety not only in San  
            Bernardino County, but in the other counties across the state  
            submitting data through its system.

          This bill is also opposed by the California Right to Life  
            Committee, which states that it is concerned that the data  
            systems required by this bill could eventually include data on  
            a statewide Physicians' Orders for Life Sustaining Treatment  
            (POLST) registry or other similar end of life registries, and  
            it is opposed to the POLST type of form on end of life  
            decision-making.
          
           SUPPORT AND OPPOSITION  :
          Support:  Ambulance Association of Orange County (sponsor)
                    AmbuServe Ambulance
                    California Ambulance Association
                    California Fire Chiefs Association
                    California Professional Firefighters
                    Care Ambulance Service
                    Chino Valley Fire District
                    City of Ontario
                    Emergency Ambulance Service








          AB 1129 (Burke)                                    Page 7 of ?
          
          
                    Los Angeles County Ambulance Association
                    Shoreline Ambulance
          
          Oppose:   California Right to Life Committee
                    County of San Bernardino
                    EMS Medical Directors Association of California
                    

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