BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 158| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 158 Author: Wiggins (D), et al Amended: 8/31/09 Vote: 21 SENATE HEALTH COMMITTEE : 8-3, 4/22/09 AYES: Alquist, Cedillo, DeSaulnier, Leno, Maldonado, Negrete McLeod, Pavley, Wolk NOES: Strickland, Aanestad, Cox SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SENATE FLOOR : 23-13, 5/11/09 AYES: Alquist, Corbett, Correa, DeSaulnier, Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal, Maldonado, Negrete McLeod, Oropeza, Padilla, Pavley, Romero, Steinberg, Wiggins, Wolk, Wright, Wyland, Yee NOES: Aanestad, Ashburn, Benoit, Cogdill, Cox, Denham, Dutton, Harman, Hollingsworth, Huff, Runner, Strickland, Walters NO VOTE RECORDED: Calderon, Cedillo, Simitian ASSEMBLY FLOOR : 49-24, 09/02/09 - See last page for vote SUBJECT : Health care coverage: human papillomavirus vaccination SOURCE : American College of Obstetricians & Gynecologists, District IX CONTINUED SB 158 Page 2 DIGEST : This bill requires health care service plan contracts and health insurance policies that provide coverage for cervical cancer treatment or surgery to also provide coverage for a human papillomavirus (HPV) vaccine beginning on, or after January 1, 2010. Assembly Amendments : (1) provided exemptions to the provisions of the bill, (2) added specified screening tests, and (3) added coauthors. ANALYSIS : Existing law: 1.Provides for the regulation of health plans by the Department of Managed Health Care and health insurers by the California Department of Insurance. 2.Requires health plans to cover all medically necessary basic health care services, as defined, including "preventive health care services," defined in regulations to include childhood immunizations recommended by the American Academy of Pediatrics and adult immunizations recommended by the U.S. Public Health Service. 3.Requires health plans and health insurers that offer coverage on a group basis to cover comprehensive preventive care for children ages 16 or younger under the terms and conditions agreed upon by the group and the health insurer or health plan. 4.Requires health plans and health insurers that offer coverage on a group basis to offer, rather than provide, comprehensive preventive care for children ages 17 and 18, under terms and conditions agreed upon by the group and the health insurer or health plan. 5.Defines comprehensive preventive care to include immunizations recommended by the Centers for Disease Control and Prevention (CDC) in their Recommended Childhood Immunization Schedule. 6.Requires individual and group health plan contracts and health insurance policies that include coverage for treatment or surgery of cervical cancer to also include CONTINUED SB 158 Page 3 coverage of annual cervical cancer screening tests, upon referral by the patient's physician and surgeon, a nurse practitioner, or certified nurse midwife who is providing care to the patient and operating within the scope of practice otherwise permitted for the licensee. This bill requires every individual or group health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, or renewed, on or after January 1, 2010, and that includes coverage for treatment or surgery of cervical cancer shall also be deemed to provide coverage for an annual cervical cancer screening test and a human papillomavirus vaccination upon the referral of the patient's physician and surgeon, a nurse practitioner, a physician assistant, or certified nurse midwife, providing care to the patient and operating within the scope of practice otherwise permitted for the licensee. The coverage for an annual cervical cancer screening test provided shall include the conventional Pap test, a human papillomavirus screening test that is approved by the federal Food and Drug Administration, and the option of any cervical cancer screening test approved by the federal Food and Drug Administration, upon the referral of the patient's health care provider. This bill further provides that every individual or group policy of health insurance that is issued, amended, or renewed on or after January 1, 2010, and that includes coverage for treatment or surgery of cervical cancer shall also be deemed to provide coverage, upon the referral of a patient's physician and surgeon, a nurse practitioner, a physician assistant, or a certified nurse midwife, providing care to the patient and operating within the scope of practice otherwise permitted for the licensee, for an annual cervical cancer screening test and a human papillomavirus vaccination. The coverage for an annual cervical cancer screening test provided pursuant to this section shall include the conventional Pap test, a human papillomavirus screening test that is approved by the federal Food and Drug Administration, and the option of any cervical cancer screening test approved by the federal Food and Drug Administration, upon the referral of the patient's CONTINUED SB 158 Page 4 health care provider. This bill provides that this bill does not apply to specialized health insurance, Medicare supplement, short-term limited duration health insurance, CHAMPUS-supplement, TRI-CARE supplement, or to hospital indemnity, accident-only, and specified disease insurance. Background According to the National Cancer Institute, there are more than 100 types of HPVs, of which 30 can be transmitted sexually. Most HPV infections occur without any symptoms and go away without treatment. Both "high-risk" and "low-risk" HPVs can cause the growth of abnormal cells, but generally, only high-risk HPVs lead to cancer, including cervical, anal, and penile cancer. Of the women who develop abnormal cervical cell changes with high-risk HPVs, only a small percentage develop cervical cancer if the abnormal cells are not removed. Approximately 90 percent of new HPV infections clear within two years. According to the CDC's Advisory Committee on Immunization Practices (ACIP), an estimated 6.2 million new HPV infections occur every year among persons aged 14 to 44 years in the U.S. Of these, 74 percent occur among those aged 15 to 24 years. Estimates suggest that over 80 percent of sexually active women will have acquired genital HPV by age 50. A 2007 study published in the Journal of the American Medical Association found that the prevalence of HPV infection in the U.S. was highest among 20 to 24 year olds (45 percent). For females 14 to 24 years, the overall HPV prevalence was estimated at 34 percent. Using population estimates, the Department of Public Health estimates that there may be approximately 900,000 14-to-24-year-old California females with an HPV infection. Approximately 372,000 California females ages 14 to 59 have a vaccine-preventable HPV infection. ACIP also notes that the prevention and treatment of anogenital warts and cervical HPV-related disease imposes an estimated burden of $4 billion or more (2004 dollars) in direct costs in the U.S. each year. Of this total, CONTINUED SB 158 Page 5 approximately $200 million is attributable to the management of genital warts; approximately $300 to $400 million to invasive cervical cancer; and the remainder to routine cervical cancer screening, the follow up of abnormal Pap tests, and pre-invasive cervical cancer. The estimated economic burden associated with HPV would be more substantial if the cost of other HPV-related diseases were included. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 9/3/09) American College of Obstetricians & Gynecologists, District IX (source) American Cancer Society California Academy of Physicians Assistants California Commission on the Status of Women California Communities United Institute California Medical Association Medical Oncology Association of Southern California Planned Parenthood Affiliates of California Planned Parenthood Shasta-Diablo OPPOSITION : (Verified 9/3/09) Anthem Blue Cross Association of California Life and Health Insurance Companies California Association of Health Plans California Association of Health Underwriters California Chamber of Commerce ARGUMENTS IN SUPPORT : The American College of Obstetricians and Gynecologists, District IX, writes that this vaccine will prevent hundreds of cervical cancer deaths annually in California and prevent tens of thousands of cases of abnormal cervical cancer cells, precancerous conditions and cervical cancer. They assert that prevention of the HPV infection and the conditions caused by it should translate into an enormous cost savings to health plans, insurers, and the state. The Medical Oncology Association of Southern California states that CONTINUED SB 158 Page 6 mandating coverage of this vaccine will help remove barriers to this important tool in cancer prevention. The California Medical Association writes that maximum immunization coverage in all populations is essential if we want to keep preventable disease levels to a minimum. Planned Parenthood Affiliates of California states that this bill is a further step in comprehensive reproductive health care and preventative medicine. ARGUMENTS IN OPPOSITION : The Association of California Life and Health Insurance Companies generally opposes all benefit mandates because, while they sympathize with the intent to meet a need, mandates increase the already high costs of care for everyone and eliminate flexibility an employer would otherwise have to pick benefits that best address the needs of his or her employees in the future. The California Association of Health Plans writes of similar concerns, and adds that mandates in some cases can lead to a reduction of coverage, as individuals and employers drop their insurance due to premium impacts. ASSEMBLY FLOOR : AYES: Ammiano, Arambula, Beall, Block, Blumenfield, Brownley, Caballero, Charles Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Skinner, Solorio, Swanson, Torlakson, Torres, Torrico, Yamada, Bass NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill, Blakeslee, Conway, Cook, DeVore, Duvall, Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey, Jeffries, Knight, Miller, Niello, Nielsen, Silva, Smyth, Audra Strickland, Villines NO VOTE RECORDED: Buchanan, Emmerson, Hall, Logue, Nestande, Tran CTW:RJG:nl 9/3/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE CONTINUED SB 158 Page 7 **** END **** CONTINUED