§321-22.5  Trauma system special fund. (a)  There is established within the state treasury a special fund to be knownas the trauma system special fund to be administered and expended by thedepartment 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 section245-15;

(3)  Federal funds granted by Congress or executiveorder for the purpose of this chapter; provided that the acceptance and use offederal funds shall not commit state funds for services and shall not place anobligation upon the legislature to continue the purpose for which the federalfunds are made available;

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

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

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

Moneys in the trauma system special fund shallnot lapse at the end of the fiscal year.  Expenditures from the trauma systemspecial fund shall be exempt from chapters 103D and 103F.

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

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

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

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

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

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

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

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

(4)  Allother hospital services and resources that are demonstrated to be essential fortrauma services within the hospital.

The department shall adopt rules pursuant to chapter91 to effectuate the purposes of this section.

(d)  To receive reimbursement, a hospitalproviding care to trauma patients shall apply to the trauma system special fundon a form and in a manner approved by the department; provided that recipientsof reimbursements from the trauma system special fund shall be subject to thefollowing conditions:

(1)  The recipient of a reimbursement shall:

(A)  Comply with applicable federal, state, andcounty laws;

(B)  Comply with any other requirements thedirector may prescribe;

(C)  Allow the director, the legislativebodies, and the state auditor access to records, reports, files, and otherrelated documents, to the extent permissible under applicable state and federallaw, so that the program, management, and fiscal practices of the recipient maybe monitored and evaluated to ensure the proper and effective expenditure ofpublic funds;

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

(E)  Participate in data collection and peerreview activities for the purpose of system evaluation and improvement ofpatient care; and

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

(e)  Necessary administrative expenses to carryout this section shall not exceed five per cent of the total amount collectedin any given year.

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

(g)  For the purposes of this section:

"Comprehensive state trauma system"means a coordinated integrated system providing a spectrum of medical carethroughout the State designed to reduce death and disability by appropriate andtimely diagnosis and specialized treatment of injuries, which includeshospitals with successive levels of advanced capabilities for trauma care inaccordance with nationally accepted standards established by the AmericanCollege of Surgeons Committee on Trauma.

"Hospital providing care to traumapatients" means a hospital with emergency services that receives andtreats injured patients.

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

"Trauma center" means a facilityverified by the American College of Surgeons or designated by the departmentapplying American College of Surgeons recommendations as guidelines as being alevel I, level II, level III, or level IV trauma center.  Level I representsthe highest level attainable by a verified trauma center, and level IVrepresents the lowest level attainable by a verified trauma center. [L 2006, c305, §2; am L 2008, c 231, §20]

 

Note

 

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

 

Revision Note

 

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