BILL ANALYSIS ---------------------------------------------------------- |Hearing Date:August 5, |Bill No:AB | |2002 |982 | ---------------------------------------------------------- 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 AB 982 Page 2 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. AB 982 Page 3 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 AB 982 Page 4 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 AB 982 Page 5 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 AB 982 Page 6 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 AB 982 Page 7 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 AB 982 Page 8 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. AB 982 Page 9 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. AB 982 Page 10 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. AB 982 Page 11 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 AB 982 Page 12 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 AB 982 Page 13 Opposition :None reported to Committee as of July 31, 2002. Consultant:Kristin J. Triepke