§321-22.5  Trauma system special fund. 
(a)  There is established within the state treasury a special fund to be known
as the trauma system special fund to be administered and expended by the
department of health.  The fund shall consist of:



(1)  Surcharges collected pursuant to sections 291-15,
291C-2, and 291E-7;



(2)  Cigarette tax revenues designated under section
245-15;



(3)  Federal funds granted by Congress or executive
order for the purpose of this chapter; provided that the acceptance and use of
federal funds shall not commit state funds for services and shall not place an
obligation upon the legislature to continue the purpose for which the federal
funds are made available;



(4)  Funds appropriated by the legislature for this
purpose, including grants-in-aid;



(5)  Grants, donations, and contributions from private
or public sources for the purposes of the trauma system special fund; and



(6)  Interest on and other income from the fund, which
shall be separately accounted for.



Moneys in the trauma system special fund shall
not lapse at the end of the fiscal year.  Expenditures from the trauma system
special fund shall be exempt from chapters 103D and 103F.



(b)  The moneys in the trauma system special
fund shall be used by the department to support the continuing development and
operation of a comprehensive state trauma system.  The trauma system special
fund shall be used to subsidize the documented costs for the comprehensive
state trauma system, including but not limited to the following:



(1)  Costs of under-compensated and uncompensated
trauma care incurred by hospitals providing care to trauma patients; and



(2)  Costs incurred by hospitals providing care to
trauma patients to maintain on-call physicians for trauma care.



The money in the trauma system special fund
shall not be used to supplant funding for trauma services authorized prior to
July 1, 2006, and shall not be used for ambulance or medical air transport
services.



(c)  Disbursements from the fund shall be made
in accordance with a methodology established by the department of health to calculate costs incurred by a hospital providing care to
trauma patients that are eligible to receive reimbursement under subsection
(d).  The methodology shall take into account:



(1)  Physician on-call coverage that is demonstrated
to be essential for trauma services within the hospital;



(2)  Equipment that is demonstrated to be essential
for trauma services within the hospital;



(3)  The creation of overflow or surge capacity to
allow a trauma center to respond to mass casualties resulting from an act of
terrorism or natural disaster; and



(4)  All
other hospital services and resources that are demonstrated to be essential for
trauma services within the hospital.



The department shall adopt rules pursuant to chapter
91 to effectuate the purposes of this section.



(d)  To receive reimbursement, a hospital
providing care to trauma patients shall apply to the trauma system special fund
on a form and in a manner approved by the department; provided that recipients
of reimbursements from the trauma system special fund shall be subject to the
following conditions:



(1)  The recipient of a reimbursement shall:



(A)  Comply with applicable federal, state, and
county laws;



(B)  Comply with any other requirements the
director may prescribe;



(C)  Allow the director, the legislative
bodies, and the state auditor access to records, reports, files, and other
related documents, to the extent permissible under applicable state and federal
law, so that the program, management, and fiscal practices of the recipient may
be monitored and evaluated to ensure the proper and effective expenditure of
public funds;



(D)  Provide care to all injured patients
regardless of their ability to pay; and



(E)  Participate in data collection and peer
review activities for the purpose of system evaluation and improvement of
patient care; and



(2)  Every reimbursement shall be monitored according
to rules established by the director under chapter 91 to ensure compliance with
this section.



(e)  Necessary administrative expenses to carry
out this section shall not exceed five per cent of the total amount collected
in any given year.



(f)  The department shall submit an annual
report to the legislature no later than twenty days prior to the convening of
each regular session that outlines the receipts of and expenditures from the
trauma system special fund.



(g)  For the purposes of this section:



"Comprehensive state trauma system"
means a coordinated integrated system providing a spectrum of medical care
throughout the State designed to reduce death and disability by appropriate and
timely diagnosis and specialized treatment of injuries, which includes
hospitals with successive levels of advanced capabilities for trauma care in
accordance with nationally accepted standards established by the American
College of Surgeons Committee on Trauma.



"Hospital providing care to trauma
patients" means a hospital with emergency services that receives and
treats injured patients.



"Trauma care" means specialized medical
care intended to reduce death and disability from injuries.



"Trauma center" means a facility
verified by the American College of Surgeons or designated by the department
applying American College of Surgeons recommendations as guidelines as being a
level I, level II, level III, or level IV trauma center.  Level I represents
the highest level attainable by a verified trauma center, and level IV
represents the lowest level attainable by a verified trauma center. [L 2006, c
305, §2; am L 2008, c 231, §20]



 



Note



 



  Establishing positions, convening ad hoc committees, and
annual report to legislature on fund.  L 2006, c 305, §§5 to 7.



 



Revision Note



 



  "July 1, 2006," substituted for "the effective
date of this section".