BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1329|
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THIRD READING
Bill No: AB 1329
Author: Davis (D)
Amended: 9/2/11 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 9-0, 7/6/11
AYES: Hernandez, Strickland, Alquist, Anderson, Blakeslee,
De León, DeSaulnier, Rubio, Wolk
SENATE APPROPRIATIONS COMMITTEE : 8-0, 8/15/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Steinberg
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 78-0, 5/19/11 (Consent) - See last page
for vote
SUBJECT : Ken Maddy California Cancer Registry
SOURCE : Public Health Institute
University of Southern California
DIGEST : This bill requires the Department of Public
Health to establish a process to receive applications for,
and award a grant to, an agency to operate the statewide
Ken Maddy California Cancer Registry. Exempts these grants
from being subject to specified provisions of the Public
Contract Code.
Senate Floor Amendments of 9/2/11 broaden the options for
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mechanisms that may be used to allocate funds to an entity
operating the statewide cancer registry.
ANALYSIS :
Existing law :
1. Requires Department of Public Health (DPH) to conduct a
program of epidemiological assessments of the incidence
of cancer.
2. Requires the program to encompass all areas of the state
for which cancer incidence data are available, and to
include monitoring of cancers associated with suspected
carcinogens encountered by the general public both in
occupational locations and in the environment.
3. Allows DPH to contract with an agency, including, but
not limited to a health systems agency, single or
multiple county health departments, or nonprofit
professional associations, representing a designated
cancer reporting region for the purposes of collecting
and collating cancer incidence data.
4. Requires the Director of DPH (Director) to establish a
statewide system to collect information on the incidence
of cancer using population-based cancer registries.
5. Requires these registries to be implemented or initiated
by July 1, 1988, and requires that the statewide cancer
reporting system be fully operational by July 1, 1990.
6. Authorizes the Director to enter into contracts as
necessary to conduct the program, and accept grants of
public or private funds for the program on behalf of the
state.
7. Requires the Director to analyze available incidence
data and prepare reports and perform studies as
necessary to identify cancer hazards to the public
health and their remedies.
8. Mandates the Director to require the reporting of cancer
to DPH, or its authorized representative, in areas of
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the state where cancer information is being collected.
9. Requires any hospital or other facility providing
therapy to cancer patients to report all cancers
diagnosed or treated, in designated cancer reporting
areas, to DPH or an authorized representative, and
allows DPH access to those records.
10.Requires specified health care providers diagnosing or
providing treatment for cancer patients to report all
cancers to DPH or an authorized representative, with
specified exemptions, and allows DPH access to those
records.
11.Authorizes DPH to fine entities that do not comply with
these record-sharing requirements, and requires that
fines collected be deposited into the General Fund.
12.Requires all information collected for the purpose of
the registry be kept confidential.
13.Allows for the access of this confidential information
to specified entities who agree in writing to maintain
confidentiality, and who meet other various
requirements.
14.Authorizes contracting between state agencies and
private contractors.
15.Sets forth requirements for the procurement of goods and
services by state agencies.
16.Sets forth the various responsibilities of the
Department of General Services (DGS) in implementing
state contracting procedures and policies.
17.Permits state agencies to use personal services
contracts, when specified conditions are met, in order
to achieve cost savings.
18.Specifies that proposals to contract out work can be
eligible for approval if the contractor's wages are at
the industry's level and do not significantly undercut
state pay rates.
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This bill:
1. Deletes DPH's authorization to contract with specified
entities representing designated cancer reporting
regions for the purpose of collecting and collating
cancer incidence data.
2. Allows DPH to establish a competitive process to receive
applications for, and issue, the award of a grant to an
agency for the purpose of operating the statewide cancer
reporting system.
3. Exempts these grants from the State Contract Act in the
Public Contract Code that mandate that DGS administer
contracts and develop a report describing the need for
and terms of the contract.
4. States that DPH must include appropriate terms and
conditions in a grant awarded to ensure the proper use
of state funds, including provision for reimbursement of
allowable costs, financial reporting, program
performance reporting, monitoring of subgrants awarded
by the grantee to an agency representing a designated
cancer reporting region, retention and access
requirements for records, independent auditing,
termination, and disposition of assets acquired under
the grant.
5. Allows DPH to additionally use contracts and other
methods of allocating funds, such as cooperative
agreements and subvention agreements, in addition to
grants for the purpose of funding the operation of the
statewide cancer registry.
Background
California Cancer Registry (CCR) . The Ken Maddy CCR was
established in 1985 and is California's statewide
population-based cancer surveillance system. The CCR
collects information about almost all cancers diagnosed in
California. The information is used to develop strategies
and policies for cancer prevention, treatment, and control,
such as determining where early detection, educational or
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other programs should be directed. In addition, health
researchers use the data to analyze demographic and
geographic factors that affect cancer risk, early
detection, and effective treatment of cancer patients.
Due to the size and diversity of the California population,
more is now known about the occurrence of cancer in diverse
populations than ever before. To date, the CCR has
collected detailed information on over 3.4 million cases of
cancer among Californians diagnosed from 1988 forward, and
more than 162,000 new cases are added annually. CCR is
recognized as one of the leading cancer registries in the
world, and has been the cornerstone of a substantial amount
of cancer research. More than 450 funded research
projects, and 1,900 publications have used CCR data.
CCR is managed by the DPH Cancer Surveillance and Research
Branch (CSRB), which is responsible for collecting
statewide data about cancer and cancer risk factors,
conducting surveillance and research into the causes,
cures, and controls of cancer, and communicating the
results to the public. CSRB also manages the Survey
Research Group, which specializes in conducting scientific
health-related surveys, and California's Comprehensive
Cancer Control Program, which oversees the California
Dialogue on Cancer, a statewide comprehensive cancer
control coalition.
Similar programs that DPH administers include the Birth
Defects Monitoring Program, the Parkinson's Disease
Registry, and the California Immunization Registry. DPH
also operates a voluntary stroke registry through the
California Heart Disease and Stroke Prevention Program.
CCR funding . The state General Fund provided $8.8 million
in fiscal year 2010-11 for the state contract to provide
partial support for state-level CCR functions, and a
portion of the data collection costs incurred in the
regional registries. Federal funding is essential to the
CCR. The majority of the funding to support the statewide
registry comes from grants and contracts currently awarded
to the regional registries, with consent by the National
Cancer Institute's Surveillance, Epidemiology, and End
Results Program (SEER) and the federal Centers for Disease
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Control and Prevention's (CDC) National Program of Cancer
Registries. Current federal SEER funding is $8 million per
year over seven years to three California SEER registries.
These registries are also able to draw down an additional
$10 million in CDC funds.
State contracts . The state enters into different types of
contracts, including contracts for public works projects,
information technology projects, and contracts for personal
services and consultants. These contracts are usually
subject to a competitive selection process. Generally,
personal services are required to be performed by civil
service employees whenever feasible, pursuant to Government
Code Section 19130. The State Constitution generally
requires contracting to be limited to those services that
cannot be performed by civil service employees, except as
provided for in statute.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, "The
ability of CDPH to perform fiscal oversight of the CCR
funds could decrease if this program were to move from
being administered through a contract to a grant program.
Although this bill would require CDPH to include specified
terms and conditions in the grant to ensure the proper use
of state funds, including provision for reimbursement of
allowable costs, financial reporting, program performance,
monitoring of the grant, retention and access requirements
for records, and independent auditing, CDPH could not
compel a grantee to meet specified milestones, deadlines,
or deliverables in exchange for funds as it could a
contractor. There could be potentially significant cost
pressure to the extent a grantee fails to complete the
scope of work contained in the grant within the prescribed
budget."
SUPPORT : (Verified 9/6/11)
Public Health Institute (co-source)
University of Southern California (co-source)
American Cancer Society, California Division
California Cancer Registry
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Cancer Prevention Institute of California
City of Hope
Desert Sierra Cancer Surveillance Program, Region 5 of the
California Cancer Registry
ARGUMENTS IN SUPPORT : University of Southern California
(USC) states that this bill has been introduced in response
to DPH's inability to release a request for
proposal/agreement for the operation of the CCR due to
administrative barriers. Since its inception in 1985, the
CCR has been a partnership between the state, nonprofit
research entities, and health providers to collect,
analyze, and disseminate information on cancer incidence
and mortality. The current five-year grant is set to
expire in July 2012, and USC claims that in previous years,
the request for proposal/agreement would have been released
months ago. USC claims that if DPH cannot rebid the
contract in time, registry functions would be disrupted.
This bill seeks to alleviate the current administrative
obstacles that DPH has encountered by giving authorization
to DPH to issue a competitive granting process for the
administration of the program in order to protect the flow
of federal funds and streamline the process of funding the
registry.
ASSEMBLY FLOOR :
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Gorell
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CTW:do 9/6/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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