Senate Bill No. 326

Introduced by Senator Beall

February 23, 2015

An act to amend Section 76000.10 of the Government Code, relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

SB 326, as introduced, Beall. Courts: penalties: emergency services funding.

Under existing law, the Emergency Medical Air Transportation Act, a penalty of $4 is imposed upon every conviction for a violation of the Vehicle Code, or a local ordinance adopted pursuant to the Vehicle Code, other than a parking offense. Existing law requires the county or the court that imposed the fine to transfer the moneys collected pursuant to this act to the Emergency Medical Air Transportation Act Fund. Under existing law, the assessment of these penalties will terminate commencing January 1, 2016, and any moneys unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund on June 30, 2017, will transfer to the General Fund. Existing law repeals the Emergency Medical Air Transportation Act on January 1, 2018.

This bill would delete the repeal of the Emergency Medical Air Transportation Act, thereby extending its operation indefinitely. The bill would make conforming changes to extend the assessment of penalties pursuant to the act, and would delete the provision for transfer of residual moneys to the General Fund.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 76000.10 of the Government Code is
amended to read:

76000.10.  

(a) This section shall be known, and may be cited,
as the Emergency Medical Air Transportation Act.

(b) For purposes of this section:

(1) “Department” means the State Department of Health Care
Services.

(2) “Director” means the Director of Health Care Services.

(3) “Provider” means a provider of emergency medical air
transportation services.

(4) “Rotary wing” means a type of aircraft, commonly referred
to as a helicopter, that generates lift through the use of wings,
known as rotor blades, that revolve around a mast.

(5) “Fixed wing” means a type of aircraft, commonly referred
to as an airplane, that generates lift through the use of the forward
motion of the aircraft and wings that do not revolve around a mast
but are fixed in relation to the fuselage of the aircraft.

(6) “Air mileage rate” means the per-mileage reimbursement
rate paid for services rendered by rotary-wing and fixed-wing
providers.

(c) (1) For purposes of implementing this section, a penalty of
four dollars ($4) shall be imposed upon every conviction for a
violation of the Vehicle Code or a local ordinance adopted pursuant
to the Vehicle Code, except parking offenses subject to Article 3
(commencing with Section 40200) of Chapter 1 of Division 17 of
the Vehicle Code.

(2) The penalty described in this subdivision shall be in addition
to the state penalty assessed pursuant to Section 1464 of the Penal
Code. However, this penalty shall not be included in the base fine
used to calculate the state penalty assessment pursuant to
subdivision (a) of Section 1464 of the Penal Code, the state
surcharge levied pursuant to Section 1465.7 of the Penal Code,
and the state court construction penalty pursuant to Section 70372
of this code, and to calculate the other additional penalties levied
pursuant to this chapter.

(d) The county or the court that imposed the fine shall, in
accordance with the procedures set out in Section 68101, transfer
moneys collected pursuant to this section to the Treasurer for
deposit into the Emergency Medical Air Transportation Act Fund,
which is hereby established in the State Treasury. Notwithstanding
Section 16305.7, the Emergency Medical Air Transportation Act
Fund shall include interest and dividends earned on money in the
fund.

(e) (1) The Emergency Medical Air Transportation Act Fund
shall be administered by the State Department of Health Care
Services. Moneys in the Emergency Medical Air Transportation
Act Fund shall be made available, upon appropriation by the
Legislature, to the department to be used as follows:

(A) For payment of the administrative costs of the department
in administering this section.

(B) Twenty percent of the fund remaining after payment of
administrative costs pursuant to subparagraph (A) shall be used
to offset the state portion of the Medi-Cal reimbursement rate for
emergency medical air transportation services.

(C) Eighty percent of the fund remaining after payment of
administrative costs pursuant to subparagraph (A) shall be used
to augment emergency medical air transportation reimbursement
payments made through the Medi-Cal program, as set forth in
paragraphs (2) and (3).

(2) (A) The department shall seek to obtain federal matching
funds by using the moneys in the Emergency Medical Air
Transportation Act Fund for the purpose of augmenting Medi-Cal
reimbursement paid to emergency medical air transportation
providers.

(B) The director shall do all of the following:

(i) By March 1, 2011, meet with medical air transportation
providers to determine the most appropriate methodology to
distribute the funds for medical air services.

(ii) Implement the methodology determined most appropriate
in a timely manner.

(iii) Develop the methodology in collaboration with the medical
air providers.

(iv) Submit any state plan amendments or waiver requests that
may be necessary to implement this section.

(v) Submit any state plan amendment or waiver request that
may be necessary to implement this section.

(vi) Seek federal approvals or waivers as may be necessary to
implement this section and to obtain federal financial participation
to the maximum extent possible for the payments under this
section. If federal approvals are not received, moneys in the fund
may be distributed pursuant to this section until federal approvals
are received.

(C) The director may give great weight to the needs of the
emergency medical air services providers, as discussed through
the development of the methodology.

(3) (A) Upon appropriation by the Legislature, the department
shall use moneys in the Emergency Medical Air Transportation
Act Fund and any federal matching funds to increase the Medi-Cal
reimbursement for emergency medical air transportation services
in an amount not to exceed normal and customary charges charged
by the providers.

(B) Notwithstanding any other begin delete provision of end delete law, and pursuant
to this section, the department shall increase the Medi-Cal
reimbursement for emergency medical air transportation services
provided that both of the following conditions are met:

(i) Moneys in the Emergency Medical Air Transportation Act
Fund will cover the cost of increased payments pursuant to
subparagraph (A).

(ii) The state does not incur any General Fund expense to pay
for the Medi-Cal emergency medical air transportation services
increase.

begin delete

(f) The assessment of penalties pursuant to this section shall
terminate commencing January 1, 2016. Penalties assessed prior
to January 1, 2016, shall continue to be collected, administered,
and distributed pursuant to this section until exhausted or until
June 30, 2017, whichever occurs first. On June 30, 2017, moneys
remaining unexpended and unencumbered in the Emergency
Medical Air Transportation Act Fund shall be transferred to the
General Fund, to be available, upon appropriation by the
Legislature, for the purposes of augmenting Medi-Cal
reimbursement for emergency medical air transportation and related
costs, generally.

end delete begin delete

(g)

end delete

begin insert (f) end insert  Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2, the department may implement, interpret, or make specific this
section and any applicable federal waivers and state plan
amendments by means of all-county letters, plan letters, plan or
provider bulletins, or similar instructions without taking regulatory
action.

begin delete

(h) This section shall remain in effect until January 1, 2018, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2018, deletes or extends that date.

end delete