BILL ANALYSIS                                                                                                                                                                                                    



                                                                    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            repealed and unenforceable, and will give Californians equal  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