BILL ANALYSIS Ó
AB 1177
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Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1177 (Gomez) - As Introduced February 27, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires the California Department of Public Health
(CDPH) to repeal the regulation requiring primary care clinics
to enter into a written transfer agreement with a nearby
hospital as a condition of licensure, no later than July 1,
AB 1177
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2016.
FISCAL EFFECT:
Negligible state fiscal effect.
COMMENTS:
1)Purpose. According to the author, under current California
law, clinics are obliged to obtain a hospital transfer
agreement (HTA) from a nearby hospital as a condition of
licensure in order to begin performing services. CDPH
regulations allow clinics who cannot get an HTA from a nearby
hospital to apply for a waiver to this requirement. However,
clinics that provide abortions or birthing services are not
allowed to apply for a waiver, even if a local hospital will
not agree to enter into an HTA. The author states that this
effectively allows a hospital that does not want to enter into
an HTA to prevent an abortion clinic from opening. The author
notes that if this bill is enacted, this regulation will be
repealed and unenforceable, and will give Californians equal
access to reproductive services and the ability to choose.
This bill is sponsored by Planned Parenthood Affiliates of
California (PPAC).
2)Opposition. The California Chapter of the American College of
Emergency Physicians is opposed to this bill unless it is
amended to make all clinics equal by allowing community
clinics providing birthing or abortion services to apply for
an exemption. The California Right to Life Committee, Inc.
(CRCL), is opposed to this bill because it would remove the
necessity of having a written transfer agreement with one or
more nearby hospital when a primary care clinic seeks
AB 1177
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licensure, which they believe threatens patient safety.
Analysis Prepared by:Lisa Murawski / APPR. / (916)
319-2081