BILL ANALYSIS Ó SB 867 Page 1 SENATE THIRD READING SB 867 (Roth) As Amended April 12, 2016 Majority vote SENATE VOTE: 36-1 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Jones-Sawyer, | | | | |Melendez, Lackey, | | | | |Lopez, Low, Quirk, | | | | |Santiago | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Extends until January 1, 2027, the Maddy Emergency Medical Services (EMS) Fund, which authorizes each county to levy an additional $2 for every $10 of criminal fines to establish an emergency medical services fund for reimbursement of costs related to emergency medical services based on fees on criminal convictions. EXISTING LAW: SB 867 Page 2 1)States that for the purposes of supporting emergency medical services as specified, in addition to other specified criminal penalties, the county board of supervisors may elect to levy an additional penalty in the amount of two dollars ($2) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses. 2)Specifies that the additional penalty for emergency medical services does not apply to the restitution fine, parking violations, the state surcharge and specified penalty assessments. 3)Provides that the emergency medical services funds shall be collected only if the county board of supervisors provides that the increased penalties do not offset or reduce the funding of other programs from other sources, but that these additional revenues result in increased funding to those programs. 4)States that moneys collected for the emergency medical services fund shall be taken from fines and forfeitures deposited with the county treasurer prior to any division. 5)Specifies that funds collected pursuant to this section shall be deposited into the Maddy Emergency Medical Services (EMS) Fund. 6)States the EMS Fund will be repealed on January 1, 2017. 7)Provides that each county may establish an emergency medical services fund, upon the adoption of a resolution by the board of supervisors. SB 867 Page 3 8)Specifies that the costs of administering the fund shall be reimbursed by the fund in an amount that does not exceed the actual administrative costs or 10% of the amount of the fund, whichever amount is lower. 9)States that all interest earned on moneys in the fund shall be deposited in the fund for disbursement as specified in this section. 10)States that the amount in the fund, reduced by the amount for administration and the reserve, shall be utilized to reimburse physicians and surgeons and hospitals for patients who do not make payment for emergency medical services and for other emergency medical services purposes as determined by each county according to the following schedule: a) Fifty-eight percent of the balance of the fund shall be distributed to physicians and surgeons for emergency services provided by all physicians and surgeons, except those physicians and surgeons employed by county hospitals, in general acute care hospitals that provide basic, comprehensive, or standby emergency services pursuant to paragraph (3) or (5) of subdivision (f) of Section 1797.98e up to the time the patient is stabilized. b) Twenty-five percent of the fund shall be distributed only to hospitals providing disproportionate trauma and emergency medical care services. c) Seventeen percent of the fund shall be distributed for other emergency medical services purposes as determined by each county, including, but not limited to, the funding of regional poison control centers. Funding may be used for purchasing equipment and for capital projects only to the extent that these expenditures support the provision of SB 867 Page 4 emergency services and are consistent with the intent of this chapter. 11)States that the source of the moneys in the fund shall be the penalty assessment made for this purpose. 12)Specifies that of the money deposited into the fund as specified, 15% shall be utilized to provide funding for all pediatric trauma centers throughout the county, both publicly and privately owned and operated. 13)States that counties that do not maintain a pediatric trauma center shall utilize the money deposited into the fund to improve access to, and coordination of, pediatric trauma and emergency services in the county, with preference for funding given to hospitals that specialize in services to children, and physicians and surgeons who provide emergency care for children. FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: According to the author, "The Maddy Emergency Medical Services Fund acts as a critical source of funding to ensure patients have access to high quality emergency care. Eliminating these funds will lead to a reduction in emergency physicians staffing. Fewer emergency physicians per shift are a significant contributor to longer wait times, worse outcomes, and poorer access to care for all patients with emergencies - whether they are insured or uninsured. California's Emergency Departments are the healthcare safety net and front line of any public health emergency. The demand on Emergency Departments is only increasing. Despite the implementation of the Affordable Care Act (ACA), Emergency Room visits are up, and millions of Californians remain uninsured. In fact, a joint report by the UC [University of California] Berkeley Labor Center and the UCLA SB 867 Page 5 [University of California, Los Angeles] Center for Health Policy Research, found that between 3.1 and 4 million Californians will remain uninsured in 2019, even with full implementation SB 867, and the continuation of the Maddy Fund, is critical to maintaining access to quality emergency care for all Californians for the foreseeable future." Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0003455