Bill Text: HI SB3126 | 2024 | Regular Session | Amended
Bill Title: Relating To Emergency Aeromedical Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-04-18 - Received notice of Senate conferees (Sen. Com. No. 694). [SB3126 Detail]
Download: Hawaii-2024-SB3126-Amended.html
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THE SENATE |
S.B. NO. |
3126 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EMERGENCY AEROMEDICAL SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The existing system of interisland transport of patients for health care services is overburdened. The State is currently served by only one interisland aeromedical provider, for which there are few viable and cost-effective alternatives in the event of a grounding, for example, due to maintenance issues or crew availability. Emergency aeromedical services are not available for many patients in rural counties.
The legislature further finds that disruptions to interisland medical transports pose a risk to human health and safety, and therefore, the consistent availability of interisland medical transport and the overall resiliency of emergency aeromedical services must be improved.
One model may be based on the county of Maui's medevac service. Act 213, Session Laws of Hawaii 2007, appropriated general funds for the purchase of a helicopter for the county of Maui medical emergency aeromedical services program, established in 2003, which is currently equipped with a twin-engine helicopter capable of medical transport between Maui and Oahu. The department of health cost shares the helicopter with the county of Maui. The department bills for services and private sector entities are contracted to provide the pilots, aircraft maintenance technicians, and the medical flight staff.
The legislature finds that reliable aeromedical transport is essential. The Maui model is suitable to meet the needs of the State.
Accordingly, the purpose of this Act is to ensure the availability of air ambulance services through an emergency aeromedical services partnership program administered by the department of health in partnership with rural counties.
SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to part XVIII to be appropriately designated and to read as follows:
"§321- State emergency aeromedical
services partnership program; established. (a) The department shall establish, administer, and
maintain, in cooperation with each county in the state emergency medical
services system service area, an emergency aeromedical services partnership program. The department shall consult with the advisory
committee pursuant to section 321-225 to implement this section.
(b) The department shall enter into a memorandum
of agreement with the county of Kauai, county of Maui, and county of Hawaii to
implement and maintain an emergency aeromedical services partnership program. At a minimum, each memorandum of agreement
shall define responsibilities as follows:
(1) The department shall provide funds for
the provision and maintenance of a rotary-wing aircraft;
(2) The counties shall provide funds for the
operations of the rotary-wing aircraft, including flight crew and medical
staff; and
(3) The State and counties shall identify and
document applicable federal regulations and jurisdictions, and shall amend the
memorandum of agreement as necessary.
(c) The county of Kauai, county of Maui, and
county of Hawaii shall submit to the department all necessary information for
purposes of submitting claims for third-party reimbursement within thirty days
of the service for any emergency aeromedical services provided. Funds received from reimbursements shall be
deposited into the emergency medical services special fund, pursuant to section
321-234.
(d) The department shall establish statewide standards
for the emergency aeromedical services partnership program consistent with this
part and applicable federal regulations for those services.
(e) The director of health may adopt rules pursuant
to chapter 91 to effectuate the purposes of this section.
(f) No later than January 4, 2026, the department
shall adopt interim rules, which shall be exempt from chapter 91 and chapter 201M,
to effectuate the purposes of this section; provided that the interim rules shall
remain in effect until July 1, 2028, or until rules are adopted pursuant to subsection
(e), whichever occurs sooner.
(g) The department may amend the interim rules, and
the amendments shall be exempt from chapters 91 and 201M, to effectuate the purposes
of this section; provided that any amended interim rules shall remain in effect
until July 1, 2028, or until rules are adopted pursuant to subsection (e), whichever
occurs sooner."
SECTION
3. Section 321-232, Hawaii Revised
Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department shall establish reasonable fees
for services rendered to the public within the service area by the department, any
county within the service area, or private agency under this part; provided that
all revenues collected by the department and the respective counties pursuant to
this section shall be deposited into the state general fund, except [amounts]:
(1) Amounts necessary to provide for collection
services for bad debt accounts[.]; and
(2) Revenues collected for emergency
aeromedical services pursuant to section 321-234(c).
Fees required to be set by this section
shall be established in accordance with chapter 91."
SECTION
4. Section 321-234, Hawaii Revised
Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) The moneys in the special fund shall be distributed
as follows:
(1) Beginning with fiscal year 2021-2022, $3,500,000
shall be distributed each fiscal year to a county operating a county emergency medical
services system pursuant to part XI of chapter 46 for the operation of that system;
[and]
(2) Beginning with fiscal year 2024-2025, each
quarter, the deposits from reimbursements for emergency aeromedical services
for the previous quarter shall be disbursed to the counties in the service area
as follows:
(A) Fifty per cent shall be divided equally;
and
(B) Fifty per cent shall be divided
proportionately based on the billed amount submitted by each county; and
(3) The remainder shall be distributed to the department
for operating the system established pursuant to this chapter, including enhanced
and expanded services, and shall not be used to supplant funding for emergency medical
services authorized prior to July 1, 2004.
(c) Fees
remitted pursuant to section 249-31, cigarette tax revenues designated under section
245-15, interest and investment earnings attributable to the moneys in the special
fund, legislative appropriations, and grants, donations, [and] contributions
from private or public sources for the purposes of the fund, and revenues
collected for emergency aeromedical services, shall be deposited into the special
fund."
SECTION 5. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this Act is necessary to serve the public interest; and
(2) The appropriation made in this Act meets the needs addressed by this Act.
SECTION
6. There is appropriated out of the
general revenues of the State of Hawaii the sum of $
or so much thereof as may be necessary for fiscal year 2024-2025 to be
deposited into the emergency medical services special fund.
SECTION
7. There is appropriated out of the
emergency medical services special fund the sum of $
or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment
of the emergency aeromedical services partnership program.
The
sum appropriated shall be expended by the department of health for
the purposes of this Act.
SECTION
8. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 9. This Act shall take effect on December 31, 2050.
Report Title:
DOH; Emergency Aeromedical Services Partnership Program; Established; Rules; Expenditure Ceiling; Appropriation
Description:
Establishes an Emergency Aeromedical Services Partnership Program to be administered by the Department of Health in counties with a population less than 500,000. Requires cost-sharing for program operations and maintenance and revenue sharing between the State and the County of Hawaii, County of Kauai, and County of Maui. Authorizes deposits into the Emergency Medical Services Special Fund. Requires rulemaking. Declares that the general fund expenditure ceiling is exceeded. Makes an appropriation. Takes effect 12/31/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
