BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1803
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1803 (Mitchell)
          As Amended  April 23, 2012
          Majority vote 

           HEALTH              14-4        APPROPRIATIONS      12-5        
           
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          |Ayes:|Monning, Ammiano, Atkins, |Ayes:|Fuentes, Blumenfield,     |
          |     |Bonilla, Eng, Gordon,     |     |Bradford, Charles         |
          |     |Hayashi,                  |     |Calderon, Campos, Davis,  |
          |     |Roger Hern�ndez, Bonnie   |     |Gatto, Hall, Hill, Lara,  |
          |     |Lowenthal, Mitchell, Pan, |     |Mitchell, Solorio         |
          |     |V. Manuel P�rez, Smyth,   |     |                          |
          |     |Williams                  |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Logue, Garrick, Mansoor,  |Nays:|Harkey, Donnelly,         |
          |     |Silva                     |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Provides that emergency services and care that are 
          necessary for the treatment of an emergency medical condition 
          are a covered benefit in the fee-for-service (FFS) Medi-Cal 
          program.  Specifically,  this bill  :  

          1)Adds emergency services and care necessary for the treatment 
            of an emergency medical condition and medical care directly 
            related to the emergency condition and provided on a FFS 
            basis, to the list of covered benefits in the Medi-Cal 
            program.  

          2)Defines by reference "emergency services and care," "emergency 
            medical condition," and other related definitions which 
            currently apply to a hospital's obligation to screen, treat, 
            and stabilize any patient that presents in an emergency 
            department without regard to the patient's ability to pay, or 
            insurance status. 

          3)Specifies that this bill shall not be construed to change the 
            obligation of a Medi-Cal managed care (MCMC) plan to provide 
            emergency services and care.

           FISCAL EFFECT  :  According to the Assembly Appropriations 








                                                                  AB 1803
                                                                  Page  2


          Committee, as this bill reflects current practice, no fiscal 
          impact is expected.

           COMMENTS  :  According to the author, this bill would codify the 
          "reasonable layperson standard" for emergency medical services 
          for persons in the Medi-Cal FFS program.  The author states that 
          this change will create a uniform policy and ensure that FFS 
          Medi-Cal patients have this important and fundamental patient 
          protection.  According to the author, under California law, the 
          reasonable layperson standard for emergency medical services is 
          in place for health plans regulated by the Department of Managed 
          Health Care including MCMC plans.  However, the author argues, 
          the standard is not in place for Medi-Cal FFS enrollees and this 
          gap in California law, where no reasonable layperson standard 
          exists, threatens patient safety and needs to be closed.  This 
          bill seeks to cure this by adding emergency medical care and 
          services to the list of covered benefits and by referencing the 
          "reasonable person" standard from other existing provisions.  
           

          Analysis Prepared by  :    Marjorie Swartz / HEALTH / (916) 
          319-2097                                               FN: 
          0003552