BILL ANALYSIS                                                                                                                                                                                                    Ó



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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1129 (Burke)


          As Amended  August 20, 2015


          Majority vote


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          |ASSEMBLY:  | 77-0 | (May 7, 2015) |SENATE: |40-0  | (August 31,     |
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          Original Committee Reference:  HEALTH


          SUMMARY:  Requires an emergency medical services (EMS) provider,  
          when collecting and submitting data to with a local emergency  
          medical services agency (LEMSA), to use an electronic health  
          record (EHR) system compliant with California Emergency Medical  
          Services Information System (CEMSIS) and National Emergency  
          Medical Services Information System (NEMSIS) standards, as  
          specified, and includes those data elements that are required by  
          the LEMSA.  Prohibits an LEMSA from mandating that an EMS  
          provider use a specific EHR system to collect and share this  
          data.  Clarifies that the provisions of this bill do not affect  
          or modify existing written contracts or agreements executed  
          before January 1, 2016, between an LEMSA and an EMS provider.


          The Senate amendments:


          1)Specify an EMS provider is required to use an EHR system  








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            compliant instead of a system compatible with CEMSIS and  
            NEMSIS when collecting and submitting data to an LEMSA.


          2)Clarify that the provisions of this bill do not affect or  
            modify existing written contracts or agreements executed  
            before January 1, 2016, between an LEMSA and an EMS provider.


          FISCAL EFFECT:  None


          COMMENTS:  According to the author, current law authorizes  
          LEMSAs to plan, implement, and oversee day-to-day EMS in  
          California.  In order to monitor local EMS providers and  
          services, LEMSAs collect data from those providers.  The author  
          further states, as local providers have shifted to electronic  
          patient records; the potential for better analysis of EMS has  
          increased.  LEMSAs are able to provide the data they collect  
          from EMS providers to the Emergency Medical Services Authority  
          (EMSA) through CEMSIS compliant software.  Although the software  
          and hardware must be compatible with CEMSIS, there are many  
          different systems in use and many more available.  The author  
          explains that without guidelines in law, LEMSAs are able to  
          require EMS providers in their jurisdiction to purchase specific  
          software or hardware for data collection.  Requiring providers  
          that cover multiple counties or contract with multiple LEMSAs to  
          purchase specific software and/or hardware can be an unnecessary  
          and costly burden.  The author asserts existing law is silent on  
          whether or not an LEMSA can require a specific hardware or  
          software provider for EMS providers in their jurisdiction.




          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  








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          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  
          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 3 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.




          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".   
          NEMSIS Version 3, provides 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.


          The California Ambulance Association, the sponsor of this bill,  








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          along with the Los Angeles County Ambulance Association, and  
          several ambulance providers write in support of this bill.   
          Supporters state that the growing practice of LEMSAs to direct  
          or require EMS providers in their region to purchase and employ  
          specific software vendors undermines the purpose of a universal  
          standard allowing providers to use whatever system is most  
          efficient and effective for their area of operation, so long as  
          it complies with the universal standard.  Supporters write that  
          there are numerous programs and vendors compatible with NEMSIS  
          standards that can facilitate the exchange of healthcare  
          information between the state and federal data repositories.


          The California Association of Air Medical Services (CAL-AAMS) is  
          opposed to this bill.  CAL-AAMS' air ambulance providers operate  
          helicopter and fixed wing aircraft flying emergency missions  
          within and between LEMSA jurisdictions.  Because this bill has  
          no requirement for the 33 LEMSAs to use a standardized EMS  
          reporting system, air ambulance providers would have the burden  
          to pay for and report data compatible with each LEMSA they  
          serve.  CAL-AAMS is strongly supportive of the development of a  
          single statewide data collection system and argues that this  
          bill would undermine the development of a consistent system with  
          information that will improve the safety and effectiveness of  
          care to patients.


          The Emergency Medical Services Administrators Association of  
          California and the EMS Medical Directors Association of  
          California are both opposed to this bill, unless it is amended.   
          The opposition writes that although they are supportive of the  
          concept of the use of electronic EMS data, they are opposed to  
          the prohibition of LEMSAs mandating specific data collection  
          systems.  According to the opposition, while it is uncommon for  
          a LEMSA to require a single system-wide patient care record  
          system, such an approach could be in the best interest of  
          patients to assure the transfer and continuity of patient care  
          data from prehospital providers, receiving hospitals, and  
          specialty care centers.


          Analysis Prepared by:                                             








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                          Patty Rodgers / HEALTH / (916) 319-2097  FN:  
          0001580