HomeMy WebLinkAboutMINUTES - 04281998 - SD3 BOARD OF SLTERVISORS
Contra
Costa
Supervisor Donna Gerber �'
DATE:
April 28, 1998
tL�sECT:
AB 2586(Ortiz)Emergency Medical Services
SPECIFIC RIOULST(t)OR RECOMMENDATION(S)!SACXK@ROUND AND JUSTIFICATION
RECOMME'_'�DATIONI :
Direct the Chair of the Board of Supervisors to send to a letter expressing the opposition of Contra Costa
County to AB 2585 to Assemblyember Ortiz and other appropriate members of the Legislature.
BACKGROUND:
In 1997 the California Supreme Court issued its ruling in the case of County of San Bernardino v. City of
San Bernardino related to EMS systems. The Court ruled that counties have the responsibility for the
overall provision of emergency medical services throughout their jurisdictions. In this particular case,
cities and fire districts had sought the ability to provide or control ambulance services independent of the
authority of the counties and their designated local EMS agencies. The most significant aspect of the
decision was that cities and fire districts which were not providing emergency ambulance services as of
June 1, 1980,may not subsequently do so without the approval of the county.
AB 2585(Ortiz)would exempt cities and fire districts from operating within the Emergency Medical
Services system in California,essentially nullifying the 1997 San Bernardino decision that confirmed the
role of the counties and their local EMS agencies in the management of EMS.
AB 2586 would create fragmentation,under-served areas and negative patient care. An exemption could
allow cities and fire districts in wealthier areas to "carve out"EMS services, leaving the more financially
unattractive areas without the resources to maintain paramedic and ambulance services. Additionally, an
exemption would allow service providers to refuse to respond to medical emergencies outside their
borders, even when they are closer to the emergencies than the other jurisdiction's responders. In short,
AB 2586 would severely undermine the ability of counties to provide critical emergency medical
services.
The California State Association of Counties has strongly encouraged counties to oppose AB 2586 and
communicate to legislators that enactment of this measure would lead to lower standards of care,
increased costs aY a haphazard delivery of emergency medical se pes. a
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PHIL TCIHELOR,CLMX OF THE WARD OF
SUPERVISORS AND C OLWT'Y ADMAINtSTRATOR
,DEPUTY
AMENDED IN ASSEMBLY MARCH 30, 1998
GALiF+&NU LEEGI.SLAIVRE,-1997-98 REGULAR SESSION
ASSEMBLY BILL No. 2586
Introduced by Assembly Member Ortiz
(Coauthors. Assembly Members Koyd, Goldsmith, and
Strain Martin)
February 23, 1998
An act to amend Section 1797.224 of and to acid Section
1797.227 to, the Health and Safety Code, relating to
emergency medical services.
LEGISLATIVE COUNSEVS DIGEST"
AB 2588, as amended,Ortiz. Emergency medical services:
cities and fire districts.
Edsting law authorizes the local .emergency Me&cal
Serves (EMS) agency, designated by a county, in each
designated EMSarea to develop andsubmita plan to theE S
authority for an emergency medical services system ir3
accordance with certain guidelines. EVAing law also
authorises a localEMSagency to create one ormore exclusive
operating areas in the development of a local plan, if a
competitive process 1s ud&zed to select the provider or
providers of the services pursuant to the plan. Edstirg law
prohibits a competitive process from being required if the
local EMS agency develops or Applements a local plan that
continues the use of&dstfngproviders operating within a local
EMS areain the manner and scope 1n which the services ha ve
been provided without interruption since,jaxruary 1, 1981.
98
AB 2586 — 2 —
This
....._ 2 —
Thrs bzll would Anut the prohibition on imposing this
requirement until January 1, 19,99. The bill would similarly
a uthorize a city orf``ire district to create one or more exclusive
operatingareas if thin its uris&ctio-nal bound es in order to
.unprove ambulance response bines, increase the number of
paramedics a variable on advanced life support ambulances, or
.improve the manner and scope in which emergency medical
services are provided, in accordance with specified
,procedures
Existing lav contains provisions relating to the provision of
prehospital emergency medical services upon the request of
a city or fire district.
':i.`his bill would define "`fire district" for purposes of these
provisions.
Vote; majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of Calr#orr is do enact as Mows.-
1
ows.1 SECTION 1. The Legislature .finds and declares the
2 following..
3 (a) Over the past decade there.bas been an erosion in
4 the provision of emergency ambulance services and
5 ,public safety standards due to the growing dominance of
private companies, motivated primarily by profit rather
7 than public safety, that provide emergency ambulance
8 ,services
9 (b) Many counties estabhM emergency ambulance
10 standards and negotiate ernergencyarnbulance contracts
11 withoutinputfrom fire districts, cityof 'vials, orresidents
12 who are uniquely quahi led to understand the public
13 safety concerns of their cornmuni es. The result of this
14 exclusion is that cities have greater oversikht and
15 enforcement over cable television providers and waste
16 haulers than on the provision of emergency ambulance
17 serves to their residents
18 (c) .because cities operate the 911 dispatch system and
19 provide emergency re andp►ohce services, these entities
20 are connected to, and concerned about, the emergency
21 ambulance services their residents receive.
98
- 3 — AB 2586
7. this 1 (d) In order to ensure that quality, responsive
djarly 2 emergency ambulance services are 'afforded to all
lusive 3 Californians, cities and fire &strkts should be allowed to
der to 4 establish emergency ambulance services and enforce
Ser of 5 public safety standards for their communities.
-es, or 6 SEC. 2 Section 1797224 of the .health and Safety
edical 7 Code is amended to read:
cified 8 1797.224. (a) A local EMS agency may create one or
9 more exclusive operating areas in the development of a
ion of 10 local plan, if a competitive process is utilized to select the
test of 11 provider or providers of the services pursuant to the plan.
12 No competitive process is required, until January 1, 1999,
these 13 if the local EMS agency develops or implements a local
14 plan that continues the use of existing providers
e: no. 15 operating within a local EMS area in the manner and
16 scope in which the services have been provided without
17 interruption since January 1, 1981. A local EMS agency
tloWS.• 18 w�Aeh that elects to create one or more exclusive
19 operating areas in the development of a local plan shall
es the 20 develop and submit for approval to the authority, as part
21 of the local EMS plan,its competitive process for selecting
ion in 22 providers and determining the scope of their operations.
Y and 23 This plan shall include provisions for a competitive
rice of 24 process held at periodic intervals. Nothing in this section
wather 25 supersedes Section 1797.201.
Mance 26 (b) Notwithstanding subdivision (a), a city or Bre
27 district may crew to one or m ore exclusive opera ting areas
dance 28 within itsjurisdictional boundaries in order to improve
!tracts 29 ambulance response times, .increase the number of
(dents 30 paramedics available on Advanced.fife Support (ALS')
2ublic 31 ambulances, or improve the manner and scope in which
)f this 32 EMS services are provided. A city or fire district that
F and 33 elects to create one or more exclusive operating areas
waste 34 within its imisdictional boundaries shall develop and
Glance 35 submit to the authority, as part of the local EMSplan, its
36 competitive process for selecting the provider of these
n and 37 ,services and deter unm the e sco pe of provider
2tit7es 38 operations This submission shall include provisions for a
�ency 39 competitive process .held at periodic ,intervals. .leo
40 competitive process is.required.ifthe city or Bre district
98 98
AB 2586 - 4 -
1 des�pates itself as the pros der of these sertdces A local
2 EMS agency shafl adjust .its local plan to reflect any
3 exclusive operating areas created by a city orr.tire &stnot
4 pursuant to this sub&visfon.
SEC. 3. Section 1797.227 is added to the Health and
S Safety Code,.to read:
7 1797.227. For purposes of this article, "fire district"
8 means a fire protection district or any special district,
9 community services district, or county seance area that
10 provides fire protection.
98
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Complete this form and place if in the box near the speakeW roamm
before a+ ng the Board.
Nam:
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t arm speaking for myself or organization;
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NM YY.Ililf� t wish t on fter t g__�,,,,�,. ,_, : ; .
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.,.' t wish to speak on the wNect of� _
I do not wish to speak bort leave dwse comments for the Board
to consider:
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