BILL ANALYSIS Ó AB 1177 Page 1 Date of Hearing: May 6, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1177 (Gomez) - As Introduced February 27, 2015 ----------------------------------------------------------------- |Policy |Health |Vote:|14 - 5 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 The author notes that if this bill is enacted, this regulation will be repealed and unenforceable, and will give Californians equal access to reproductive services and the ability to choose.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 Page 3 licensure, which they believe threatens patient safety. Analysis Prepared by:Lisa Murawski / APPR. / (916) 319-2081