BILL ANALYSIS                                                                                                                                                                                                    Ó



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         Date of Hearing:  April 27, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


         AB  
         2425 (Brown) - As Amended April 5, 2016


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         Urgency:  No  State Mandated Local Program:  YesReimbursable:  Yes


         SUMMARY:


         This bill requires the California Department of Public Health  
         (CDPH) to establish a uniform incident site report for  
         unintentional injury incidents, and authorizes CDPH to require  
         data collection and reporting.   Specifically, this bill:  


         1)Requires CDPH, on or before June 1, 2018, to adopt standards and  
           protocols to establish a uniform incident site report  
           requirement for the collection of statewide information on  







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           unintentional injury, and requires inclusion of specified  
           stakeholders in the development of standards and protocols.


         2)Requires the standards and protocols to be implemented by every  
           county for use by the appropriate local reporting entities, and  
           authorizes CDPH to define the appropriate reporting entity.


         3)Requires the standards and protocols to include the following:


            a)   A requirement that a reporting entity use an incident site  
              reporting best practices form and incident site investigation  
              protocol, specific to each type of unintentional injury, to  
              report information to existing local, regional, and statewide  
              data systems and to the local health department; and,


            b)   A requirement that the county health department be  
              responsible for submitting the data received to the state's  
              EpiCenter data system, no later than 60 days after receipt of  
              the incident site report.


         4)Defines "incident site reports" or "incident" to include, among  
           others, site reports or incidents that involve unintentional  
           injuries from drowning, near drowning, burns, window falls,  
           bicycle crashes, pedestrian crashes, sleep suffocation, kids  
           left in cars, vehicle backovers, vehicle frontovers,  
           sports-related activities, and poisoning.  


         FISCAL EFFECT:


         1)First-year costs to CDPH of $2.6 million GF, including $1.9  
           million for upgrades to the state's data system and $700,000 for  
           staff and related expenses. 








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         2)Annual costs to CDPH estimated at $1 million GF for staffing and  
           data system maintenance.  


         3)This bill contains two separate provisions that could result in  
           state-reimbursable mandate costs: 


              a)     Potential for significant costs for site investigation  
                and data collection.  This bill requires "reporting  
                entities" to report to existing local, regional, and state  
                data systems using the protocols developed by CDPH.   
                Mandate costs would depend on which entities are designated  
                as reporting entities and what the protocols require.  For  
                example, if CDPH designates local public agencies, such as  
                local law enforcement agencies, as reporting entities,  
                local staff costs and state-reimbursable mandate costs  
                could be significant. If incurred, it is reasonable to  
                assume this cost could exceed $1 million annually and  
                potentially be much larger, depending on the protocols  
                defined by CDPH, which would in turn drive the number of  
                injuries subject to reporting.  


              b)     Significant costs for local health department  
                reporting. Once data is collected by local investigators,  
                this bill specifies local health departments are  
                responsible to submit data to the state's data system,  
                resulting in significant state-reimbursable mandate costs.   
                 It is reasonable to assume this cost could exceed $1  
                million annually and potentially be much larger, depending  
                on the protocols defined by CDPH. 


         COMMENTS:


         1)Purpose. According to the author, California lacks a uniform  
           standard for collecting data from unintentional injury incident  







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           sites involving children and youth 0-19 years of age.  Several  
           counties have developed best practice incident report forms, but  
           most counties do not have the resources to research and develop  
           unintentional injury incident forms and data collection. The  
           author indicates without uniform collection of incident and site  
           reporting, California does not have the information it needs to  
           plan for and adjust our unintentional injury prevention programs  
           and incident responses. This bill would provide such standards  
           and require data to be collected, in order to inform preventive  
           strategies.


         2)Unintentional injury is common and prevalent. The Centers for  
           Disease Control and Prevention reports that for 2013, there were  
           31 million emergency department visits for unintentional  
           injuries, representing nearly one in ten people every year.  A  
           subset of these injuries result in hospitalization, and an even  
           smaller subset result in deaths.  


           According to CDPH, unintentional injury is the leading cause of  
           hospitalizations and deaths for California's children and youth  
           ages one to19 years old. The U.S. Department of Health and Human  
           Services has identified reduction of unintentional injuries  
           age-adjusted death rate as a priority objective of the Healthy  
           People 2020 national health improvement plan.


           CDPH maintains on its Website the EPICenter data system, which  
           includes information on overall injury surveillance and includes  
           data on all types of injuries that result in death,  
           hospitalizations, or an emergency department visit.  Data on  
           unintentional injuries has informed many policy changes and  
           recommendations the public now takes for granted, including  
           seatbelt laws, playground safety standards, teen driver  
           restrictions, and infant sleep suffocation recommendations.  


         3)Support. This bill is sponsored by the California Coalition for  
           Children's Safety and Health and is supported by the American  







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           College of Emergency Physicians, California Chapter and the  
           Child Abuse Prevention Center.



         4)Opposition.  The Emergency Medical Services Administrators  
           Association of California states in opposition they are  
           concerned that this bill may delay the transport of critically  
           injured patients to trauma centers and encumber limited  
           emergency medical services resources by requiring personnel and  
           providers to conduct mandated injury prevention investigations  
           while at the scene of a medical emergency. The County Health  
           Executives Association of California (CHEAC)  is also in  
           opposition, noting this requirement is duplicative of current  
           reporting, including required reporting to trauma registries.   
           CHEAC explains requiring local health departments (LHDs) to  
           collect these incident reports and report them to CDPH is both  
           redundant of current practice as well as an unfunded mandate on  
           local jurisdictions. Furthermore, they note, the sheer number of  
           these potential incidents could create a huge workload for local  
           health departments


           The California Chamber of Commerce and California Attractions  
           and Parks have taken an oppose unless amended position based on  
           potential burden and concerns of litigation, seeking amendments  
           to clarify data will be provided on an aggregate basis and will  
           otherwise be confidential, limiting the collection to incidents  
           occurring to children ages 0-19, and eliminating duplicative  
           reporting. 


         5)Prior legislation. 


            a)   AB 299 (Brown) of 2015 required DPH to develop a  
              submersion incident form to collect standardized information  
              regarding drowning or nonfatal-drowning events, as specified.  
               AB 299 was held on the Suspense File of this committee.








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            b)   AB 540 (Pan) of 2013 authorized CDPH to establish and  
              maintain a system for collecting data on violent deaths in  
              the state.  AB 540 was held on the Suspense File of the  
              Senate Appropriations Committee.


         6)Staff Comments. As drafted, the bill applies to unintentional  
           injuries for people of all ages.  However, supporting background  
           information, as well as findings and declarations, are relevant  
           only to children ages 0-19. This bill provides broad authority  
           to CDPH to require unknown public or private entities to collect  
           and report an unknown volume of information. This bill also does  
           not specify what threshold of seriousness an injury would need  
           to meet in order to be subject to data collection and reporting.  
            This uncertainty of scope makes it difficult to assess costs  
           and benefits of data collection.  Finally, although  
           investigations of serious incidents are often conducted by local  
           entities, requiring data collection and reporting in statute  
           makes the activity subject to mandate claims from public  
           entities.  


           The author may wish to consider narrowing the bill to the  
           development of standards and protocols, and the revision of  
           existing CDPH data systems to align with such protocols. The  
           stakeholder process required in the bill would likely elucidate  
           the extent to which voluntary compliance with best practices for  
           incident data collection and reporting could offer an  
           alternative to a potentially costly statutory mandate. In  
           addition, if the intent is to focus on incidents involving  
           children, this should be specified.  Finally, the author may  
           wish to consider how the state can best reconcile data  
           collection and reporting as envisioned here with existing  
           related or duplicative statutory requirements to promote  
           efficiency and minimize overall burden. 


         Analysis Prepared by:Lisa Murawski / APPR. / (916)  
         319-2081







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