BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 911
                                                                  Page  1

          Date of Hearing:   May 6, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                  AB 911 (Lieu) - As Introduced:   February 26, 2009

          Policy Committee:                              Health Vote:11-3

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires hospitals to assess the condition of an  
          emergency department (ED) via the "National Emergency Department  
          Over Crowding Scale" score (NEDOCS) every three hours. NEDOCS  
          scaling includes a range of scores from "not busy" to  
          "dangerously overcrowded." In addition, this bill: 
           
          1)Requires hospitals to develop and implement a full capacity  
            protocol for each of the categories of overcrowding as  
            determined by the NEDOCS score. 

          2)Requires hospitals to file full capacity protocols with the  
            Office of Statewide Planning and Development (OSHPD). 

           FISCAL EFFECT  

          1)Annual GF costs and cost pressures of $1 million to the  
            University of California and county-operated medical centers  
            to comply with the NEDOCS reporting every three hours. 

          2)One-time fee-supported special fund costs of $170,000 to the  
            California Department of Public Health (DPH) to establish  
            regulations and maintain oversight of requirements of this  
            bill during licensure and certification processes. 

          3)Unknown costs to OSHPD to accept full capacity protocols. This  
            bill does not specify that OSHPD needs to do anything other  
            than receive the protocols. 

          4)Preliminary research indicates efforts to reduce ED  
            overcrowding may reduce costs and increase revenues. By having  
            patients, pending admission, waiting in the ED longer than  








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            necessary, EDs may be failing to best utilize treatment  
            capacity. According to the sponsors of this bill, studies  
            focused on ED length-of-stay, ambulance diversions, and  
            quality of ED are all impacted positively when ED overcrowding  
            is reduced. 

           COMMENTS  

           1)Rationale  . This bill is sponsored by the American College of  
            Emergency Physicians, California Chapter (CalACEP) to address  
            overcrowding in California EDs. Hospitals agree that ED  
            overcrowding is a problem facing patients and hospitals.  
            Boarding, a particular problem, occurs when a physician has  
            decided to admit a patient, but hospital units are unable to  
            admit the patient due to delays in discharges, testing, or  
            other barriers to moving a patient to admission in a timely  
            way. The reasons for ED overcrowding are varied, including  
            health access problems of insured populations, lack of care  
            for other patients, the aging of the population, and frequent  
            ED users. This bill requires hospitals to measure ED volumes  
            and wait times, to focus on a scale that provides a  
            description of ED status to professionals throughout the  
            hospital, and requires EDs to plan accordingly with respect to  
            full capacity protocols.  

           2)NEDOCS  is an online tool that relies on eight objective data  
            fields, such as number of ED beds, longest time a patient has  
            been waiting for admission to a hospital bed, and the longest  
            time a patient has been in the waiting room. Based on these  
            factors, NEDOCS provides a score that indicates how crowded  
            the ED is. According to the sponsor, the tool takes  
            approximately 10 minutes to complete, relying on data EDs  
            should have readily available and in the absence of this  
            bill's requirements. 

           3)Los Angeles County Experience  . Los Angeles County  
            (LAC)/University of Southern California (USC) medical center  
            has been using NEDOCS for the past two years and has seen a  
            significant improvement in moving patients from the ED to beds  
            more quickly. Effort has been expended from all parts of the  
            medical center to see that the NEDOCS score does not reach the  
            "dangerously overcrowded" designation, which is similar to  
            what a hospital would experience during a disaster. By  
            providing staff hospital-wide with a single focal point with  
            respect to ED care, patient time until admission has been  








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            reduced and length of stay for several thousand patients has  
            been reduced. Such reductions have the potential to reduce  
            cost pressures on EDs as well as in-patient units. 

           4)Concerns  . The California Hospital Association (CHA) is opposed  
            to this bill. CHA indicates NEDOCS is an unproven method to ED  
            assessment and that NEDOCS takes hospitals away from patient  
            care. Academic research on the reliability of NEDOCS in terms  
            of measuring how crowded an ED is seems generally positive.  
            Some research indicates the NEDOCS tool is most effective in  
            large, busy EDs. 

           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081