BILL ANALYSIS                                                                                                                                                                                                    







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          |Hearing Date:August 5,         |Bill No:AB                |
          |2002                           |982                       |
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                  SENATE COMMITTEE ON BUSINESS AND PROFESSIONS
                          Senator Liz Figueroa, Chair

                     Bill No:        AB 982Author:Firebaugh
                As Amended:August 5, 2002          Fiscal:  Yes

          
          SUBJECT:  Health Care.
          
          SUMMARY:  Establishes the Dental Loan Repayment Program of  
          2002 (administered by the Dental Board), the Physician Loan  
          Repayment Program of 2002 (administered by the Medical  
          Board) and the California Medical and Dental Student Loan  
          Repayment Program of 2002 (administered by the Office of  
          Statewide Health Planning and Development).

          Existing law:

          1)Provides for the licensing and regulation of physicians  
            by the Medical Board of California (Medical Board), and  
            authorizes the imposition of a $600 license fee and a  
            $600 license renewal fee for a physician's license  
            (license is good for 2 years).

          2)Provides for the licensing and regulation of dentists by  
            the Dental Board of California (Dental Board), and  
            authorizes the imposition of a $365 initial license fee  
            and a $365 annual license renewal fee for a dentist's  
            license (license is good for 2 years).

          3)Establishes the Office of Statewide Health Planning and  
            Development (OSHPD) which administers several programs as  
            part of its health manpower objectives, including the  
            federal National Health Service Corps Scholarship Program  
            and the federal National Health Service Corps Loan  
            Repayment Program.  These Programs provide federal funds  
            to states for the purpose of providing scholarships to  
            health profession students or repaying qualifying  
            educational loans of specified health care professionals  





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            who commit to serve a specified time period as a provider  
            of health services at practice sites in designated health  
            professional shortage areas.

          4)Requires the practice sites under the federal loan  
            repayment program to repay a portion of the health care  
            professional's outstanding loan amount.

          5)Establishes the Health Manpower Policy Commission  
            (Commission) within the OSHPD, and prescribes its powers  
            and duties, which include adopting standards for  
            determining funding eligibility for various health  
            manpower programs and identifying specific areas of the  
            state where there exists an unmet priority need for  
            medical services.

          This bill (relative to the Dental Corps Loan Repayment  
          Program):

          1)Establishes the Dental Corps Loan Repayment Program of  
            2002 (Dental  Corps Program) to be administered by the  
            Dental Board.

          2)States intent language for the Dental Board, in  
            developing and implementing the Dental Corp Program, to  
            consult with the OSHPD, the dental community, including  
            ethnic representatives, dental schools, health advocates  
            representing ethnic communities, primary care clinics,  
            public hospitals and health systems, statewide agencies  
            administering state and federally funded programs  
            targeting underserved communities, and members of the  
            public with health care issue-area expertise.

          3)Defines "dentally underserved area" as, a geographic area  
            eligible to be designated as having a shortage of dental  
            professionals pursuant to Federal Regulations or an area  
            of the state where unmet priority needs for dentists  
            exist as determined by the Commission.

          4)Defines "dentally underserved population" as persons  
            without dental insurance and persons eligible for the  
            Denti-Cal and Healthy Families Programs who are  
            population groups described as having a shortage of  
            dental care professionals pursuant to Federal  
            Regulations.






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          5)Defines "practice setting" as:  (a) a community clinic  
            and a clinic owned and operated by a hospital that  
            maintains the primary contract with a county government  
            to fulfill the county's role, which is located in a  
            dentally underserved area and at least 50% of whose  
            patients are from a dentally underserved population; or,  
            (b) a dental practice or dental corporation located in a  
            dentally underserved area and at least 50% of whose  
            patients are from a dentally underserved population.

          6)Requires Dental Corps Program participants to possess a  
            current valid license to practice dentistry in  
            California, to have full-time status and to commit to a  
            minimum of three years of service in a dentally  
            underserved area.  Authorizes the Dental Board to define  
            full time status and establish exemptions on a  
            case-by-case basis.

          7)Provides that the guidelines created by the Dental Board  
            shall provide priority consideration to applicants who  
            are best suited to meet the cultural and linguistic needs  
            and demands of dentally underserved populations and that  
            meet one or more of the following criteria: (a) speak a  
            Medi-Cal threshold language; (b) come from an  
            economically disadvantaged background; (c) have received  
            significant training in cultural and linguistically  
            appropriate service delivery; (d) have worked with  
            dentally underserved communities for at least three  
            years; or, (e) recently received a license to practice  
            dentistry.

          8)Provides that the practice setting shall be located in a  
            dentally underserved area and that the Dental Corps  
            Program participant serves a patient population that  
            consists of at least 50% dentally underserved  
            populations.
          9)Creates the Community Healthcare Service Expansion Fund  
            and the Dentally Underserved Account within that Fund.

          10)Transfers $3,000,000 from the State Dentistry Fund to  
            the Dentally Underserved Account.  Provides that the  
            funds shall be placed in the account in order to repay  
            the loans per agreements made with dentists.

          11)Provides that after a Dental Corps Program participant  
            has completed 1 year of service the Dental Board shall  





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            provide up to $25,000 for loan repayment.  Provides that  
            after a Dental Corps Program participant has completed 2  
            consecutive years of service the Dental Board shall  
            provide up to an additional $35,000 for loan repayment.   
            Provides that after a Dental Corps Program participant  
            has completed 3 consecutive years of service the Dental  
            Board shall provide up to an additional $45,000 for loan  
            repayment.  Limits loan repayments to $105,000 per  
            individual.

          12)Requires the Dental Board, no later than October 1,  
            2004, to report to the Legislature on various items,  
            including an evaluation of the effectiveness of the  
            Dental Corps Program and recommendations for maintaining  
            or expanding its operation.

          This bill (relative to the Physician Corps Loan Repayment  
          Program):

          1)Makes a minor, technical amendment by renumbering a  
            section.

          2)Establishes the Physician Corps Loan Repayment Program of  
            2002 (Physician Corps Program) to be administered by the  
            Division of Licensing of the Medical Board.

          3)States intent language for the Division of Licensing, in  
            developing and implementing the Physician Corps Program,  
            to consult with the OSHPD, the medical community,  
            including ethnic representatives, medical schools, health  
            advocates representing ethnic communities, primary care  
            clinics, public hospitals and health systems, statewide  
            agencies administering state and federally funded  
            programs targeting underserved communities, and members  
            of the public with health care issue-area expertise.

          4)Defines "medically underserved area" as, an area as  
            defined pursuant to Federal Regulations or an area of the  
            state where unmet priority needs for physicians exist as  
            determined by the Health Manpower Policy Commission.

          5)Defines "medically underserved population" as, the  
            Medi-Cal, Healthy Families and uninsured populations.

          6)Defines "practice setting" as:  (a) a community clinic  
            and a clinic owned and operated by a hospital that  





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            maintains the primary contract with a county government  
            to fulfill the county's role, which is located in a  
            medically underserved area and at least 50% of whose  
            patients are from a medically underserved population; or,  
            (b) a medical practice located in a medically underserved  
            area and at least 50% of whose patients are from a  
            medically underserved population.

          7)Requires Physician Corps Program participants to possess  
            a current valid license to practice medicine in  
            California, to have full-time status and to commit to a  
            minimum of three years of service in a medically  
            underserved area.  Authorizes the Division of Licensing  
            to define full time status and establish exemptions on a  
            case-by-case basis.

          8)Provides that the guidelines created by the Division of  
            Licensing shall provide priority consideration to  
            applicants who are best suited to meet the cultural and  
            linguistic needs and demands of patients from medically  
            underserved populations and that meet one or more of the  
            following criteria: (a) speak a Medi-Cal threshold  
            language; (b) come from an economically disadvantaged  
            background; (c) have received significant training in  
            cultural and linguistically appropriate service delivery;  
            (d) have 3 years experience working in medically  
            underserved areas or with medically underserved  
            populations; or, (e) recently received a license to  
            practice medicine.

          9)Provides that the practice setting shall be located in a  
            medically underserved area and that the Medical Corps  
            Program participant serves a patient population that  
            consists of at least 50% medically underserved  
            populations.

          10)Creates the Community Healthcare Service Expansion Fund  
            and the Medically Underserved Account within that Fund.

          11)Transfers $3,000,000 from the Medical Board's Contingent  
            Fund to the Medically Underserved Account.  Provides that  
            the funds shall be placed in the account in order to  
            repay the loans per agreements made with physicians.

          12)Provides that after a Physician Corps Program  
            participant has completed 1 year of service the Division  





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            of Licensing shall provide up to $25,000 for loan  
            repayment.  Provides that after a Physician Corps Program  
            participant has completed 2 consecutive years of service  
            the Division of Licensing shall provide up to an  
            additional $35,000 for loan repayment.  Provides that  
            after a Physician Corps Program participant has completed  
            3 consecutive years of service the Division of Licensing  
            shall provide up to an additional $45,000 for loan  
            repayment.  Limits loan repayments to $105,000 per  
            individual.

          13)Requires the Division of Licensing, no later than  
            October 1, 2004, to report to the Legislature on various  
            items, including an evaluation of the effectiveness of  
            the Physician Corps Program and recommendations for  
            maintaining or expanding its operation.

          This bill (relative to the California Medical and Dental  
          Student Loan Repayment Program):

          1)Establishes the California Medical and Dental Student  
            Loan Repayment Program of 2002 (Student Loan Repayment  
            Program) to be administered by the OSHPD.

          2)States intent language for the OSHPD, in developing and  
            implementing the Student Loan Repayment Program, to  
            consult with the Dental Board, the Medical Board, the  
            medical and dental community, including ethnic  
            representatives, medical and dental schools, health  
            advocates representing ethnic communities, primary care  
            clinics, public hospitals and health systems, statewide  
            agencies administering state and federally funded  
            programs targeting underserved communities, and members  
            of the public with health care issue-area expertise.

          3)Provides that any individual enrolled in an institution  
            of postsecondary education participating in the Student  
            Loan Repayment Program may be eligible to receive a  
            conditional warrant for loan repayment to be redeemed  
            upon becoming employed as a physician or dentist in a  
            medically or dentally underserved area.

          4)Provides that in order to be eligible to receive a  
            conditional loan repayment warrant, an applicant must  
            have been judged by his or her postsecondary institution  
            to have outstanding ability on the basis of criteria that  





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            may include, but not be limited to, any of the following:  
            (a) grade point average; (b) test scores; (c) faculty  
            evaluations; (d) interviews; (e) or, other  
            recommendations.  

          5)Provides that to be eligible, the applicant has to have  
            received, or is approved to receive, a loan under  
            certain, specified loan programs.

          6)Provides that to be eligible, the applicant has to agree  
            to provide services as a licensed physician for up to  
            three consecutive years, after obtaining a license from  
            the Medical Board in a medically underserved area, or the  
            applicant has agreed to provide services as a licensed  
            dentist for up to three consecutive years, after  
            obtaining a license from the Dental Board in a dentally  
            underserved area.

          7)Provides that the OSHPD shall ensure that priority  
            consideration be given to applicants who are best suited  
            to meet the cultural and linguistic needs and demands of  
            patients from medically and dentally underserved  
            populations and that meet one or more of the following  
            criteria: (a) speak a Medi-Cal threshold language; (b)  
            come from an economically disadvantaged background; (c)  
            have received significant training in cultural and  
            linguistically appropriate service delivery; or, (d) have  
            done a medical rotation serving medically underserved  
            populations or provided dental services to members of a  
            dentally underserved population.

          FISCAL EFFECT:  Unknown.



          COMMENTS:
          
          1.Measure Aimed at Increasing Access to Care.  According to  
            information provided by the Author's office, this measure  
            is a collaborative effort involving such organizations as  
            the California Primary Care Association (CPCA), the  
            Latino Coalition for a Healthy California (LCHC), the  
            California Medical Association (CMA), the California  
            Dental Association (CDA) and the Medical Board.  The  
            Author states that this measure addresses the lack of  
            culturally and linguistically competent physicians and  





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            dentists to adequately care for California's diverse  
            medically/dentally underserved populations.

            The proponents point out that in order to become a  
            physician or dentist, most medical and dental students  
            must incur significant education-related debt.  Because  
            this debt prevents many physicians and dentists from  
            working in shortage designation areas serving medically  
            underserved populations, this measure's loan repayment  
            program is critical for reducing greater numbers of  
            doctors and dentists to needy areas.  

          2.California's Dentist and Physician Shortage Problem.  A  
            variety of studies and reports in recent years, most  
            notably the Oral Health Needs Assessment sponsored  
            jointly by the Dental Health Foundation and the  
            Department of Health Services, have documented the  
            significant unmet need for comprehensive dental care  
            services in California, especially in underserved areas.   
            The CDA notes that efforts to encourage dental school  
            graduates to practice in these areas are made difficult  
            by the significant student loan debt which most new  
            dentists face when they graduate and begin practicing -  
            often exceeding $150,000.

            The CMA argues that California has a physician  
            maldistribution problem.  

            According to information provided by the CPCA and the  
            LCHC, California's uninsured, Medi-Cal, and Healthy  
            Families populations are disproportionately comprised of  
            racial and ethnic minorities.  40% of Latinos, 23% of  
            African Americans and 22% of Asian and Pacific Islanders  
            are uninsured as compared to 15% for non-Latino whites.   
            Of the children eligible for the Medi-Cal and Healthy  
            Families programs, 62% are Latino children, 11% are Asian  
            and Pacific Islander children and 5% are African American  
            children.  In addition, almost 40% of the state's  
            population speaks a language other than English at home.   
            The number of underrepresented minority Californians who  
            entered any medical school fell from a high of 310 in  
            1994 to 258 in 1999, a decline of 17%.  The decline is  
            due in part to the lack of resources available for  
            underrepresented minorities and other culturally and  
            linguistically competent individuals interested in  
            serving low-income communities.





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          3.National Health Service Corps.  Through funding by the  
            federal National Health Service Corp, the OSHPD  
            administers the State Loan Repayment Program for repaying  
            educational loans of primary care providers, including  
            physicians in family practice, general internal medicine,  
            general pediatrics, and obstetrics/gynecology, as well as  
            dentists, physician assistants, nurse practitioners and  
            nurse midwives.  In order to be eligible, the health  
            providers must commit to practicing in federally  
            designated health professional shortage areas for a  
            minimum of two years.  Other specific requirements  
            include requiring the health professional to practice in  
            public or private non-profit settings (not in private  
            practice), and requiring a 50% match from the practice  
            site.  For the first two years, the existing State Loan  
            Repayment Program will provide $12,500 per year, which is  
            required to be matched by the practice site for a total  
            of $25,000 each year.  In years three and four, if the  
            health provider continues working at the practice site in  
            the underserved area, the repayment amount grows to  
            $35,000 each of those two years ($17,500 from the  
            program, and $17,500 from the practice site).  The total  
            possible loan repayment amount is $120,000.

            There are currently 21 dentists and 205 physicians  
            participating in the California State Loan Repayment  
            Program. 

          4.Provisions Regarding the Implementation of the Student  
            Loan Repayment Program Will Be Amended.  The measure  
            creates three programs, the Dental Corps Program, the  
            Physician Corps Program and the Student Loan Repayment  
            Program.  As their names would indicate, 2 of the  
            programs are aimed at existing licensees while the other  
            is aimed at students.  The 2 programs aimed at licensees  
            are the programs that are each being funded with 3  
            million dollars.  There is no funding allocated for the  
            program for students.  The apparent intent of the  
            Sponsors is to have a program in place (as the interested  
            parties have come together and agree on the language) for  
            when or if money becomes available (General Fund or  
            otherwise).  The Author and Sponsors have agreed to amend  
            the bill to provide that implementation is contingent  
            upon securing adequate funding.






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            To assure the bill can be heard next week in Senate  
            Appropriations Committee, the author has committed to  
            adopting the amendments in that Committee.

          5.Do the Medical Board and Dental Board Have Enough Money  
            to Pay for this Measure and Is this an Appropriate Use of  
            it?  The Dental Board has approximately $7,388,144 in the  
            State Dentistry Fund and  $2,480,667 in reserve.  The  
            Medical Board has approximately $38.7 million in their  
            Contingent Fund and $12 million in reserve.  The Author  
            and Sponsors have agreed to amend the bill to have the  
            Boards transfer the money into the accounts on a  
            quarterly basis.

          6.Arguments in Support.  The CMA (Co-Sponsor) believes that  
            this bill will focus on developing methods, strategies  
            and financial incentives to increase physician supply in  
            California and to strengthen existing programs aimed at  
            medical students, residents and physicians that could  
            eliminate the mal-distribution and ease the current  
            access to care crisis in California.
            The CDA believes that this bill provides an excellent  
            first step in what should be a long-term commitment to  
            improving access to dental care by increasing the number  
            of providers in undeserved communities throughout  
            California.

          7.Support if Amended.  The California Association of Public  
            Hospitals and Health Systems and the County Health  
            Executives Association of California took a support if  
            amended position on the prior version of the bill June  
            17, 2002.  They expressed concern that their clinics,  
            owned and operated by public hospitals and health system  
            representatives, were not included in the bill.  It  
            appears that the amendments that they requested are  
            contained in the current version (August 5, 2002) of the  
            bill.

          8.Related Measures Aimed at Addressing Underserved  
            Populations.  AB 1045 (Firebaugh) is scheduled to be  
            heard by this Committee today (8/5/02).  AB 1045 would,  
            among other things, create the Licensed Physicians and  
            Dentists from Mexico Pilot Program, and would create a  
            separate pilot program aimed at placing international  
                                                                   medical graduates in underserved areas.






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            AB 2872 (Thomson) was approved by this Committee on June  
            24, 2002.  AB 2872 requires the Medical Board to convene  
            a working group to study methods to reactivate the Fifth  
            Pathway Program in California medical schools, and to  
            submit a report to the Legislature including options for  
            the Legislature to consider in order to facilitate the  
            establishment of one or more Fifth Pathway Programs.

          9.Current and Prior Loan Repayment Measures.  AB 2935  
            (Strom-Martin) was approved by this Committee on June 24,  
            2002.  AB 2935 establishes the California Pharmacist  
            Scholarship and Loan Repayment Program, funded by a  
            voluntary $25 contribution by pharmacists, to pay for the  
            educational expense and repay qualifying educational  
            loans of pharmacists who agree to practice in medically  
            underserved areas.

            AB 668 (Chan, Chapter 249, Statutes of 2001) requires the  
            OSHPD to report to the Legislature on the feasibility of  
            establishing a California Dental Loan Forgiveness  
            Program.  It should be noted that the OSHPD has not yet  
            completed this report.

            SB 760 (Murray, 2001) would have appropriated $1 million  
            to the OSHPD to create a new program patterned on the  
            National Health Service Corps Loan Repayment Program, but  
            with exceptions that were similar to those in this bill.   
            The governor vetoed that bill stating that he believed  
            local practice sites should contribute some matching  
            funds to "make an investment in the health professionals  
            they attract with the assistance of a government loan  
            program."  However, it should be noted that SB 760 was to  
            be funded from the state's General Fund, while this bill  
            will completely fund the scholarship and loan program  
            from licensee fees (loan repayment) or if funds become  
            available in the future (scholarship).

          


          SUPPORT AND OPPOSITION:
          
           Support  :  

          California Medical Association (CMA) (Co-Sponsor)
          California Medical Association - Medical Student Section





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          California Primary Care Association (CPCA) (Co-Sponsor)
          Latino Coalition for a Healthy California (LCHC)  
                  (Co-Sponsor)
          Alliance Medical Center
          Alliance for Rural Community Health
          Arroyo Vista Family Health Center
          Asian & Pacific Islander American Health Forum
          Asian Health Services
          Association of Asian Pacific Community Health Organizations
          Borrego Community Health Foundation
          California Dental Association
          California Pan-Ethnic Health Network
          California Psychiatric Association
          California Rural Indian Health Board, Inc.
          Central Valley Health Network
          CommuniCare Health Centers
          Community Health Partnership
          Consumers Union
          Council of Community Clinics
          Lieutenant Governor Cruz Bustamante
          LifeLong Medical Care
          Long Valley Health Center
          Medical Board of California
          Mexican American Legal Defense and Educational Fund
          National Council of La Raza
          National Latina Health Orgainizations
          North Coast Clinics Network
          North County Health Services
          Northeast Valley Health Corporation
          Open Door Community Health Centers
          Planned Parenthood Affiliates of California
          Queens Care Family Clinics
          San Ysidro Health Center
          Six Rivers Planned Parenthood
          Southern Trinity Health Services
          Supervisor Blanca Alvarado, County of Santa Clara, Second  
                  District
          Supervisor Juan Arambula, County of Fresno, District 3
          Tarzana Treatment Centers
          Tiburcio Vasquez Health Center, Inc.

           Support if Amended  :

          California Association of Public Hospitals and Health  
                  Systems






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            Opposition  :None reported to Committee as of July 31, 2002.


          Consultant:Kristin J. Triepke