Trauma Care Systems Planning and Development Act of 1988

(Measure passed House, amended)

Trauma Care Systems Planning and Development Act of 1988 - Amends the Public Health Service Act to create a new title on trauma care.

Authorizes the Secretary of Health and Human Services to make grants and enter into cooperative agreements and contracts with respect to trauma care to: (1) conduct and support research, training, evaluations, and demonstration projects; (2) foster development of trauma care systems; (3) collect and disseminate information; (4) provide technical assistance to State and local agencies; and (5) sponsor workshops and conferences.

Directs the Secretary to establish the Advisory Council on Trauma Care Systems. Declares that, notwithstanding provisions of the Federal Advisory Committee Act, the Council shall continue in existence until otherwise provided by law.

Directs the Secretary to make an allotment for each State for each fiscal year for developing, implementing, and monitoring the modifications to the trauma-care component of the State plan for the provision of emergency medical services. Requires non-Federal matching contributions (in cash or in kind) in specified ratios for fiscal years after FY 1989. States that such component of the State plan will be modified with regard to: (1) trauma care regions, centers, and systems; (2) triage and transport of children; (3) accreditation and evaluation; (4) data reporting and analysis system; (5) procedures for paramedical personnel to assess the severity of injuries; (6) transportation and transfer policies; (7) public education; (8) coordination and cooperation; and (9) other matters.

Requires States to adopt guidelines for the designation of trauma centers, and for triage, transfer, and transportation policies, equivalent to the applicable guidelines developed by the American College of Surgeons and by the American College of Emergency Physicians. Authorizes the Secretary, after public notice and an opportunity for comment, to waive the requirement of adoption of such guidelines.

Mandates that States: (1) require each trauma center to provide certain information to the State emergency medical system annually; (2) submit to the Secretary, at least annually, the information it receives from its data reporting and analysis system; and (3) identify and submit to the Secretary a list of rural areas lacking certain emergency medical services.

Sets forth restrictions on the use of State allotments.

Requires an annual report from each State to the Secretary. Sets forth a formula for determination of the amount of allotments. Provides for: (1) repayment and offset for failure to use funds as agreed; (2) criminal penalties for certain false statements; (3) technical assistance and provision of supplies and services by the Secretary in lieu of grant funds; and (4) a report by the Secretary to the Congress.

Authorizes appropriations for FY 1989 through 1991.

Directs the Secretary, acting through the Director of the Centers for Disease Control, to develop guidelines and a model curriculum for emergency response employees (EREs) with respect to the prevention of exposure to infectious diseases during the process of responding to emergencies. Directs the Secretary to establish a task force to assist in developing the guidelines and model curriculum, appointing to the task force representatives of the Centers for Disease Control, State governments, and EREs.

Requires a medical facility to notify the designated officer of the transporting EREs if the facility determines that a victim the EREs transported to the facility has an infectious disease. Requires a medical facility, upon request of a designated officer of EREs, to notify the designated officer if the facility makes a determination that a victim transported by EREs has an infectious disease. Applies notification requirements to both the facility receiving the victim and, if the victim dies, to the facility ascertaining the cause of death.

Sets forth notification procedures. States that the public health officer of each State will designate one official of each employer of EREs to make requests and receive notifications. Provides for notification of EREs and for requests from an ERE to a designated officer that the designated officer request notification from the medical facility.

Declares that the provisions in this Act regarding notification of EREs will not be construed to authorize or require: (1) a medical facility to test a victim of an emergency for any infectious disease; and (2) any medical facility, any designated officer, or any ERE to make disclosures with respect to the identity of a victim if such disclosures are prohibited under State or Federal law.

Mandates that States agree to establish enforcement provisions, including injunctive relief and a civil cause of action for damages, for violations of the notification provisions in this Act.

Directs the Secretary of Health and Human Services to conduct a study to determine the adequacy and appropriateness of the reimbursements provided to trauma centers under title XIX (Medicaid) of the Social Security Act.

Requires the Federal Communications Commission to complete a study, establish a plan, and report to the Congress regarding emergency medical services communications.