BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 326 (Beall) - Courts: penalties: emergency services funding ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: February 23, 2015 |Policy Vote: HEALTH 8 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 28, 2015 |Consultant: Brendan McCarthy | | | | ----------------------------------------------------------------- SUSPENSE FILE. AS AMENDED. Bill Summary: SB 326 would eliminate the sunset on an existing program that levies a $4 penalty assessment for Vehicle Code violations and dedicates the resulting revenues to support emergency air medical transportation services in the Medi-Cal program. Fiscal Impact (as approved on May 28, 2015): Penalty revenues of $11 million to $13 million per year (Emergency Medical Air Transportation Act Fund). Minor administrative costs to process payments (Emergency Medical Air Transportation Act Fund). Reduced General Fund expenditures of $2 million to $3 million SB 326 (Beall) Page 1 of ? per year for Medi-Cal payments, by using penalty revenues to offset General Fund expenditures for emergency air ambulance services for Medi-Cal beneficiaries. Annual expenditures of $18 million to $22 million per year for supplemental payments to private emergency air medical service providers (Emergency Medical Air Transportation Act Fund and federal funds). Background: Under state and federal law, the Department of Health Care Services operates the Medi-Cal program, which provides health care coverage to low income individuals, families, and children. The federal government provides matching funds that vary from 50 percent to 90 percent of expenditures depending on the category of beneficiary. Under current practice, when private emergency air ambulance services provide service to Medi-Cal beneficiaries, they are paid through the Medi-Cal fee-for-service system (even if a beneficiary is enrolled in a Medi-Cal managed care plan). The operators of air ambulance services have maintained that the rates paid by Medi-Cal are substantially below their operating costs. Unlike many health care providers, air ambulance providers do not have the option to decide whether or not to accept Medi-Cal patients, given the nature of emergency response situations. (Public agencies operate air ambulances as well. However, because these public agencies generally do not use civilian aircraft that meet federal rules for participation in Medicaid, public agencies have been unable to bill Medi-Cal for emergency air ambulance services provided to Medi-Cal beneficiaries.) AB 2173 (Beall, Statutes of 2010) levied an additional $4 penalty assessment on Vehicle Code violations (except parking tickets). Under that law, after accounting for administrative costs, the state retains 20 percent of resulting revenues to offset state General Fund expenditures for emergency air ambulance services. The remaining revenues are matched with federal matching funds and then provided to private emergency air ambulance services as supplemental payments, to offset some of the losses incurred in serving Medi-Cal patients. Current law terminates collection of the additional penalty assessment on January 1, 2016. As of June 30, 2017, any unspent funds would be SB 326 (Beall) Page 2 of ? reverted to the General Fund. Current law sunsets the entire program on January 1, 2018. Proposed Law: SB 326 would eliminate the sunset on an existing program that levies a $4 penalty assessment for Vehicle Code violations and dedicates the resulting revenues to support emergency air medical transportation services in Medi-Cal. Staff Comments: The penalty assessment that would be extended in this bill is only one of many assessments that have been added to Motor Vehicle Code violations over time. In sum, these assessments dramatically increase the cost of a violation. For example, a moving violation penalty that has a base fine of $35 has a total fine, after accounting for all assessments, of $238. Committee amendments (as adopted May 28, 2015): add a two-year sunset to the bill. -- END --