BILL ANALYSIS Ó AB 2425 Page 1 Date of Hearing: April 27, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2425 (Brown) - As Amended April 5, 2016 ----------------------------------------------------------------- |Policy |Health |Vote:|12 - 4 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 2425 Page 2 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. AB 2425 Page 3 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 AB 2425 Page 4 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 AB 2425 Page 5 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. AB 2425 Page 6 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 AB 2425 Page 7