Bill Text: CA SB191 | 2013-2014 | Regular Session | Chaptered
Bill Title: Emergency medical services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-05 - Chaptered by Secretary of State. Chapter 600, Statutes of 2013. [SB191 Detail]
Download: California-2013-SB191-Chaptered.html
BILL NUMBER: SB 191 CHAPTERED
BILL TEXT
CHAPTER 600
FILED WITH SECRETARY OF STATE OCTOBER 5, 2013
APPROVED BY GOVERNOR OCTOBER 5, 2013
PASSED THE SENATE AUGUST 30, 2013
PASSED THE ASSEMBLY AUGUST 26, 2013
AMENDED IN ASSEMBLY AUGUST 22, 2013
AMENDED IN ASSEMBLY JUNE 25, 2013
INTRODUCED BY Senator Padilla
FEBRUARY 7, 2013
An act to amend Section 76000.5 of the Government Code, and to
amend Section 1797.98a of the Health and Safety Code, relating to
emergency medical services.
LEGISLATIVE COUNSEL'S DIGEST
SB 191, Padilla. Emergency medical services.
Existing law establishes the Maddy Emergency Medical Services
(EMS) Fund, and authorizes each county to establish an emergency
medical services fund for reimbursement of costs related to emergency
medical services. Existing law, until January 1, 2014, authorizes
county boards of supervisors to elect to levy an additional penalty,
for deposit into the EMS Fund, in the amount of $2 for every $10 upon
fines, penalties, and forfeitures collected for criminal offenses.
Existing law, until January 1, 2014, requires 15% of the funds
collected pursuant to that provision be used to provide funding for
pediatric trauma centers.
This bill would extend the operative date of these provisions
until January 1, 2017. The bill would also make a technical,
nonsubstantive change to these provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76000.5 of the Government Code is amended to
read:
76000.5. (a) (1) Except as otherwise provided in this section,
for purposes of supporting emergency medical services pursuant to
Chapter 2.5 (commencing with Section 1797.98a) of Division 2.5 of the
Health and Safety Code, in addition to the penalties set forth in
Section 76000, 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, including violations of Division 9 (commencing
with Section 23000) of the Business and Professions Code relating to
the control of alcoholic beverages, and all offenses involving a
violation of the Vehicle Code or a local ordinance adopted pursuant
to the Vehicle Code. This penalty shall be collected together with
and in the same manner as the amounts established by Section 1464 of
the Penal Code.
(2) This additional penalty does not apply to the following:
(A) A restitution fine.
(B) A penalty authorized by Section 1464 of the Penal Code or this
chapter.
(C) A parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
(b) Funds shall be collected pursuant to subdivision (a) 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.
(c) Moneys collected pursuant to subdivision (a) shall be taken
from fines and forfeitures deposited with the county treasurer prior
to any division pursuant to Section 1463 of the Penal Code.
(d) Funds collected pursuant to this section shall be deposited
into the Maddy Emergency Medical Services (EMS) Fund established
pursuant to Section 1797.98a of the Health and Safety Code.
(e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 2. Section 1797.98a of the Health and Safety Code is amended
to read:
1797.98a. (a) The fund provided for in this chapter shall be
known as the Maddy Emergency Medical Services (EMS) Fund.
(b) (1) Each county may establish an emergency medical services
fund, upon the adoption of a resolution by the board of supervisors.
The moneys in the fund shall be available for the reimbursements
required by this chapter. The fund shall be administered by each
county, except that a county electing to have the state administer
its medically indigent services program may also elect to have its
emergency medical services fund administered by the state.
(2) Costs of administering the fund shall be reimbursed by the
fund in an amount that does not exceed the actual administrative
costs or 10 percent of the amount of the fund, whichever amount is
lower.
(3) All interest earned on moneys in the fund shall be deposited
in the fund for disbursement as specified in this section.
(4) Each administering agency may maintain a reserve of up to 15
percent of the amount in the portions of the fund reimbursable to
physicians and surgeons, pursuant to subparagraph (A) of, and to
hospitals, pursuant to subparagraph (B) of, paragraph (5). Each
administering agency may maintain a reserve of any amount in the
portion of the fund that is distributed for other emergency medical
services purposes as determined by each county, pursuant to
subparagraph (C) of paragraph (5).
(5) 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 emergency services and are consistent with the
intent of this chapter.
(c) The source of the moneys in the fund shall be the penalty
assessment made for this purpose, as provided in Section 76000 of the
Government Code.
(d) Any physician and surgeon may be reimbursed for up to 50
percent of the amount claimed pursuant to subdivision (a) of Section
1797.98c for the initial cycle of reimbursements made by the
administering agency in a given year, pursuant to Section 1797.98e.
All funds remaining at the end of the fiscal year in excess of any
reserve held and rolled over to the next year pursuant to paragraph
(4) of subdivision (b) shall be distributed proportionally, based on
the dollar amount of claims submitted and paid to all physicians and
surgeons who submitted qualifying claims during that year.
(e) Of the money deposited into the fund pursuant to Section
76000.5 of the Government Code, 15 percent shall be utilized to
provide funding for all pediatric trauma centers throughout the
county, both publicly and privately owned and operated. The
expenditure of money shall be limited to reimbursement to physicians
and surgeons, and to hospitals for patients who do not make payment
for emergency care services in hospitals up to the point of
stabilization, or to hospitals for expanding the services provided to
pediatric trauma patients at trauma centers and other hospitals
providing care to pediatric trauma patients, or at pediatric trauma
centers, including the purchase of equipment. Local emergency medical
services (EMS) agencies may conduct a needs assessment of pediatric
trauma services in the county to allocate these expenditures.
Counties that do not maintain a pediatric trauma center shall utilize
the money deposited into the fund pursuant to Section 76000.5 of the
Government Code 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.
Funds spent for the purposes of this section, shall be known as
Richie's Fund. This subdivision shall remain in effect until January
1, 2017, and shall have no force or effect on or after that date,
unless a later enacted statute, that is chaptered before January 1,
2017, deletes or extends that date.
(f) Costs of administering money deposited into the fund pursuant
to Section 76000.5 of the Government Code shall be reimbursed from
the money collected in an amount that does not exceed the actual
administrative costs or 10 percent of the money collected, whichever
amount is lower. This subdivision shall remain in effect until
January 1, 2017, and shall have no force or effect on or after that
date, unless a later enacted statute, that is chaptered before
January 1, 2017, deletes or extends that date.
