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AB-687 Emergency medical services: trauma care systems.(2001-2002)

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Passed  IN  Senate  August 28, 2002
Passed  IN  Assembly  August 31, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 687

Introduced  by  Assembly Member Thomson, Hertzberg

February 22, 2001

An act to add Section 1798.1625 to the Health and Safety Code, relating to emergency medical services.


LEGISLATIVE COUNSEL'S DIGEST


AB 687, Thomson. Emergency medical services: trauma care systems.
The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act permits each county to establish an emergency medical services program under which the county is required to designate a local emergency medical services agency (EMS agency). The act authorizes the local EMS agency to implement a trauma care system if the system meets the minimum standards set forth in the regulations for implementation established by the Emergency Medical Services Authority and the authority has approved a plan.
This bill would require that, by January 1, 2005, any local EMS agency that has established an emergency medical services plan, but has not implemented a trauma care system by July 1, 2003, implement a trauma care system that meets the minimum standards set forth in the regulations for implementation. Because this bill would increase the duties of counties and local EMS agencies that have established an emergency medical services plan, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

The people of the State of California do enact as follows:


SECTION 1.

 Section 1798.1625 is added to the Health and Safety Code, to read:

1798.1625.
 (a) By January 1, 2005, any local EMS agency that has established an emergency medical services program pursuant to Section 1797.200, but has not implemented a trauma care system by July 1, 2003, shall implement a trauma care system that meets the minimum standards set forth in the regulations for implementation established by the authority pursuant to Section 1798.161.
(b) Prior to implementing a trauma care system pursuant to this section, the local EMS agency shall do both of the following:
(1) Give adequate notice of a public hearing to all hospitals and other interested parties in the area proposed to be included in the system, and hold a public hearing.
(2) Submit to the authority the plan for a trauma care system required by Section 1797.257.
(c) Nothing in subdivision (a) shall preclude any local EMS agency from adopting trauma care system standards that are more stringent than those established by the regulations adopted pursuant to Section 1798.161.
(d) This section shall not require a local EMS agency to issue a trauma center designation within the region served by the local EMS agency.
(e) Funds provided to local EMS agencies from Chapter 106 of the Statutes of 2001 for the purposes of Section 50.5 of Chapter 171 of the Statutes of 2001 are intended to offset the costs of any state-mandated local program established pursuant to this section for emergency medical services agencies. Funds provided to local EMS agencies for the purposes of Section 50.5 of Chapter 171 shall be deemed to be offsetting revenues within the meaning of subdivision (e) of Section 17556 of the Government Code.

SEC. 2.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.