BILL ANALYSIS Ó
SB 867
Page 1
SENATE THIRD READING
SB
867 (Roth)
As Amended April 12, 2016
Majority vote
SENATE VOTE: 36-1
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
| | | | |
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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
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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6)States the EMS Fund will be repealed on January 1, 2017.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.
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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
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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
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[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