Brief⁽¹⁾

Sub. for S.B. 106 creates a new act that concerns the development of a statewide trauma systems plan, the creation of an advisory committee on trauma, and the development and implementation of a trauma registry.

Pursuant to the provisions of Sub. for S.B. 106, the Secretary of Health and Environment, after consultation with and consideration of the advisory committee created by the bill, is to:

• develop a statewide trauma system plan, using the 1998 Kansas EMS-Trauma Systems Plan Study as a guide and including the establishment of regional trauma councils that are structured as set out in the bill;



• in developing the plan, the Secretary is to:



• maximize local and regional control over trauma care decisions;



• minimize bureaucracy;



• protect the confidentiality of proprietary and personal health information;



• promote cost effectiveness;

• encourage participation by groups affected by the system;



• emphasize medical direction and involvement at all levels;



• rely on accurate data as the basis for system planning and development; and



• facilitate education of health providers in trauma care.





• plan, develop, and administer a trauma registry to collect and analyze data on the incidence, severity, and causes of trauma;



• provide technical assistance to regional councils;



• collect data elements for the trauma registry that are consistent with the recommendations of the American College of Surgeons Committee on Trauma and the Centers for Disease Control;



• develop a phased-in implementation schedule for each component of the trauma system;



• develop standard reports to be utilized by the regional trauma councils;



• assess the fiscal impact of and recommend funding sources for the trauma system and trauma registry; and



• prepare and submit an annual budget.

The bill sets out procedures to be followed and the requirements to be met in designing and maintaining a trauma registry, provides for confidentiality of any data collected, and establishes protection from liability for those who report to the registry. The bill also requires that any trauma patient or responsible party is to be given a document containing a disclosure statement stating nonidentifying data regarding the trauma injury and trauma care may be reported to a central registry to facilitate better care and prevention of trauma injuries. Nothing in the act created by Sub. for S. B. 106 is to limit the right of a patient to choose a physician, hospital, facility, rehabilitation center, speciality or pediatric trauma center, or other health care provider services.

Sub. for S.B. 106 establishes a 15-member Advisory Committee on Trauma which is to be advisory to the Secretary of Health and Environment and be within the Division of Health in the Department of Health and Environment. The Advisory Committee is to be made up of members representing both rural and urban areas of the state. Three members appointed by the Governor are to be persons licensed to practice medicine and surgery, two of whom are chosen from names submitted by the Kansas Medical Society and one from names submitted by the Kansas Association of Osteopathic Medicine; three members appointed by the Governor are to be representatives of hospitals chosen from names submitted by the Kansas Hospital Association; two members appointed by the Governor are to be licensed professional nurses who specialize in trauma care chosen from names submitted by the Kansas State Nurses Association; two members are to be emergency medical services attendants who are on the roster of an ambulance service which has a permit issued by the Board of Emergency Medical Services, one appointed by the Kansas Emergency Medical Services Association and one by the Kansas Emergency Medical Technician Association; one member is to be a representative of the Department of Health and Environment appointed by the Secretary; one member is to be a representative of the Board of Emergency Medical Services appointed by the Board; one member is to be an administrator of an ambulance service appointed by the Governor from names submitted by the Kansas Emergency Technician Association and the Kansas Emergency Medical Services Association; and two members are to be legislators from opposing political parties appointed respectively by the Speaker of the House and the President of the Senate. Organizations that submit nominees for the Committee to the Governor are to submit names of persons who reside in both rural and urban areas, and at least one of the attendants or the ambulance administrator is to be from a rural area.

All members of the Advisory Committee on Trauma are to be appointed for three-year staggered terms, are to meet at least four times a year or at the request of eight members, and are to receive expenses and mileage for attendance at meetings, but not compensation. The Advisory Committee is to make an interim report to the Senate Committee on Public Health and Welfare and the House Committee on Health and Human Services on or before January 10, 2000, and a final report and recommendations, including recommendations as to the appropriate oversight of the trauma system and the future of the Advisory Committee, to the House and Senate committees on or before January 8, 2001.

As amended by House Committee, Sub. for S.B. 106 establishes a Trauma Fund in the State Treasury into which are to be deposited all monies received from a $1 addition to docket fees collected under K.S.A. 1998 Supp. 12-4117 by municipal courts; and a $1 addition to docket fees charged in district court cases where costs are assessed in moving traffic violations under K.S.A. 8-2118.

Background

S.B. 106 was drafted and introduced at the request of the Health Care Reform Legislative Oversight Committee following the presentation of the Kansas EMS/Trauma Systems Plan to the Committee at its July meeting. The document presented to the Committee is the result of three years of work by a task force and the Kansas EMS/Trauma Planning Project funded by the Kansas Health Foundation in which the Kansas Department of Health and Environment, the Board of Emergency Medical Services, and the Kansas Medical Society joined as partners to develop a plan for an organized statewide trauma system to reduce mortality from traumatic injuries. The document represents three years of effort by over 40 persons, many of whom met with the Committee during the 1998 interim. The Health Care Reform Legislative Oversight Committee worked on developing legislation to implement the plan presented to it at four of its interim meetings. The bill sets out the outline for a trauma system for Kansas that is locally and regionally developed and implemented and fully funded by a surcharge on moving traffic violations since motor vehicle accidents are the cause of about 80 percent of the traumatic injuries in the state. The Senate Committee heard a number of conferees on the bill, and Sub. for S.B. 106 was developed by a subcommittee, working with interested groups.

The fiscal note on S.B. 106 as it was introduced reflects a budget of $320,000 developed as a part of the plan, all of which would be funded from the Trauma Fund created by the bill.

There is no fiscal note on the substitute bill. However, the fiscal note on the original bill noted the activities required to be carried out under the bill would be funded from the Trauma Fund created by the bill. The Judiciary had indicated there would be additional costs to the courts to collect the surcharge on moving violations imposed by the substitute bill as passed by the Senate. The House Committee amendments change the method of funding by collecting fees as a part of municipal and district court docket fees thereby reducing any costs to the courts since the procedures are already in place for collecting and allocating docket fee collections.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html