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AB-3115 Emergency medical services providers: reporting.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB3115:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3115


Introduced by Assembly Member Rodriguez

February 21, 2020


An act to add Section 1797.230 to the Health and Safety Code, relating to emergency medical services.


LEGISLATIVE COUNSEL'S DIGEST


AB 3115, as introduced, Rodriguez. Emergency medical services providers: reporting.
Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems. The act establishes the Emergency Medical Services Authority, which is responsible for the coordination and integration of EMS systems. Existing law authorizes each county to develop an emergency medical services program and requires the county to designate a local EMS agency (LEMSA). The act authorizes each county to create one or more exclusive operating areas in the development of a local plan.
This bill would require a private EMS provider that contracts with a LEMSA to provide emergency medical services in an exclusive operating area to annually provide the LEMSA with specified information relating to the working conditions of emergency medical technicians and paramedics employed by the provider, including, but not limited to, wages, hours, and benefits. The bill would require the LEMSA to maintain a database in which that data, and other specified information, would be collected. The bill would require the Emergency Medical Services Authority to collect from each LEMSA the data that each LEMSA receives from the providers. The bill would exempt from its reporting requirement providers that employ fewer than 20 ambulances. By expanding the data collection duties of LEMSAs, the 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.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 1797.230 is added to the Health and Safety Code, immediately following Section 1797.229, to read:

1797.230.
 (a) A private emergency medical services provider that contracts with a local EMS agency to provide emergency medical services in an exclusive operating area shall annually report to the local EMS agency the wages, hours, benefits, sick leave, average length of shifts, posting locations and times, turnover rates of, and any incidents of workplace violence, including physical assaults by patients, committed against, emergency medical technicians and paramedics employed by the provider.
(b) A local EMS agency shall maintain a database of the information collected from the providers pursuant to subdivision (a). The database shall also include information relating to mandatory response times and any failures by the providers to meet those response times, and information relating to the processes followed by the local EMS agency, including requests for proposal and the awarding of an exclusive operating area, used to contract with providers.
(c) Subdivision (a) does not apply to a provider that employs fewer than 20 ambulances.
(d) The Emergency Medical Services Authority shall collect from each local EMS agency the data required to be collected by each local EMS agency pursuant to this section.

SEC. 2.

 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.