Bill Text: CA AB651 | 2019-2020 | Regular Session | Amended
Bill Title: Air ambulance services.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-10-07 - Chaptered by Secretary of State - Chapter 537, Statutes of 2019. [AB651 Detail]
Download: California-2019-AB651-Amended.html
Amended
IN
Assembly
April 08, 2019 |
Assembly Bill | No. 651 |
Introduced by Assembly Member Grayson |
February 15, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 76000.10 of the Government Code is amended to read:76000.10.
(a) This section shall be known, and may be cited, as the Emergency Medical Air Transportation Act.(h)This section shall remain in effect only until the earlier of either of the following:
(1)The date on which the rate change to the Medi-Cal fee rate for air ambulance service is implemented pursuant to Section 14124.15 of the Welfare and Institutions Code, and as of that date is repealed.
(2)January 1, 2022, and as of that date is repealed.
(a)This section shall be known, and may be cited, as the Emergency Medical Air Transportation Act.
(b)For purposes of this section:
(1)“Department” means the State Department of Health Care Services.
(2)“Director” means the Director of Health Care Services.
(3)“Provider” means a provider of emergency medical air transportation services.
(4)“Rotary wing” means a type of aircraft, commonly referred to as a helicopter, that generates lift through the use of wings, known as rotor
blades, that revolve around a mast.
(5)“Fixed wing” means a type of aircraft, commonly referred to as an airplane, that generates lift through the use of the forward motion of the aircraft and wings that do not revolve around a mast but are fixed in relation to the fuselage of the aircraft.
(6)“Air mileage rate” means the per-mileage reimbursement rate paid for services rendered by rotary-wing and fixed-wing providers.
(c)(1)For purposes of implementing this section, a penalty of four dollars ($4) shall be imposed upon every conviction for a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code, except parking offenses subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(2)The penalty described in this subdivision is in addition to the state penalty assessed pursuant to Section 1464 of the Penal Code. However, this penalty shall not be included in the base fine used to calculate the state penalty assessment pursuant to subdivision (a) of Section 1464 of the Penal Code, the state surcharge levied pursuant to Section 1465.7 of the Penal Code, and the state court construction penalty pursuant to Section 70372 of this code, and to calculate the other additional penalties levied pursuant to this chapter.
(d)The county or the court that imposed the fine shall, in accordance with the procedures set out in Section 68101, transfer moneys collected pursuant to this section to the Treasurer for deposit into the Emergency Medical Air Transportation and Children’s Coverage Fund, which is hereby established in the State Treasury. Notwithstanding Section
16305.7, the Emergency Medical Air Transportation and Children’s Coverage Fund shall include interest and dividends earned on money in the fund. Any law that references the Emergency Medical Air Transportation Act Fund, as previously established by this subdivision, shall be construed to reference the Emergency Medical Air Transportation and Children’s Coverage Fund, effective January 1, 2018.
(e)The Emergency Medical Air Transportation and Children’s Coverage Fund shall be administered by the State Department of Health Care Services. Moneys in the Emergency Medical Air Transportation and Children’s Coverage Fund shall be made available, upon appropriation by the Legislature, to the department for any of the following purposes:
(1)For children’s healthcare coverage.
(2)For emergency medical air transportation
provider payments, as follows:
(A)For payment of the administrative costs of the department in administering emergency medical air transportation provider payments.
(B)The appropriated money remaining after payment of administrative costs pursuant to subparagraph (A) shall be used to offset the state portion of the Medi-Cal reimbursement rate for emergency medical air transportation services.
(f)The assessment of penalties pursuant to this section shall terminate on January 1, 2020. Penalties assessed before January 1, 2020, shall continue to be collected, administered, and distributed pursuant to this section until exhausted or until June 30, 2021, whichever occurs first. On June 30, 2021, moneys remaining unexpended and unencumbered in the Emergency Medical Air Transportation and Children’s Coverage Fund shall
be transferred to the General Fund, to be available, upon appropriation by the Legislature, for the purposes of offsetting the state portion of the Medi-Cal reimbursement rate for emergency medical air transportation and related costs, generally, or funding children’s healthcare coverage.
(g)Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, the department may implement, interpret, or make specific this section and any applicable federal waivers and state plan amendments by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions without taking regulatory action.
(h)(1)This section shall become operative only if, and on the date upon which, the rate change to the Medi-Cal fee rate for air ambulance services is implemented pursuant to Section
14124.15 of the Welfare and Institutions Code.
(2)(A)Except as described in subdivision (f), moneys in the Emergency Medical Air Transportation and Children’s Coverage Fund shall remain available, upon appropriation by the Legislature, to be used to augment emergency medical air transportation reimbursement payments made through the Medi-Cal program for purposes of emergency medical air transportation that was provided before July 1, 2020, and that is therefore not eligible for the Medi-Cal rate change made pursuant to Section 14124.15 of the Welfare and Institutions Code. The emergency medical air transportation reimbursement payments may be augmented pursuant to this subparagraph using moneys deposited in the fund within 90 calendar days following July 1, 2020.
(B)Moneys in the Emergency Medical Air Transportation and Children’s Coverage Fund shall not
be available to be used to augment emergency medical air transportation reimbursement payments made through the Medi-Cal program for purposes of emergency medical air transportation that is provided on or after July 1, 2020, and that is therefore eligible for the Medi-Cal rate change made pursuant to Section 14124.15 of the Welfare and Institutions Code.
(i)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.