BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1731
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          Date of Hearing:   May 2, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 1731 (Block) - As Amended:  April 24, 2012 

          Policy Committee:                              HealthVote:15-4

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill requires hospitals to offer screening for Critical 
          Congenital Heart Disorders (CCHD) using pulse oximetry.  
          Specifically, this bill:

          1)Requires hospitals with licensed perinatal services to offer 
            to parents of a newborn, prior to discharge, a pulse oximetry 
            test for the identification of CCHD. 

          2)Requires DHCS to begin phasing in implementation of a 
            comprehensive hospital-based CCHD screening program on or 
            after July 1, 2013, and achieve a 100-percent participation 
            rate by 2016.

          3)Requires hospitals to use screening protocols developed by the 
            Centers for Disease Control and Prevention and to provide 
            competent CCHD screening, including appropriate staff, 
            equipment, follow-up, referral, and physician and 
            family-parent education. 

           FISCAL EFFECT  

          1)One-time costs for program development of $300,000 (50% GF, 
            50% funds) to consult with stakeholders, develop a phase-in 
            plan, review research and guidance, and work with relevant 
            federal agencies.

          2)Ongoing DHCS costs for program administration, potentially in 
            the range of $1 million annually (approximately 50% GF, 50% 
            funds).  

            It is unclear what would constitute a "comprehensive" 








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            screening program, but this estimate assumes that 
            comprehensive implies data collection, tracking, ensuring 
            referrals and follow-up care, development and distribution of 
            information, and quality improvement activities, similar to 
            current practice in the hospital-based newborn hearing 
            screening program. This estimate also assumes efficiencies 
            from leveraging existing infrastructure used for the existing 
            newborn hearing screening program, such as data collection and 
            IT infrastructure.  

            For comparison, the newborn hearing screening program's annual 
            budget is nearly $5 million in total funds, not including 
            Medi-Cal reimbursement costs; however, this program performs a 
            number of functions which would not be necessary for CCHD 
            given differences between the conditions and required 
            follow-up. 

          3)Minor one-time costs for training and process development, as 
            well as ongoing costs to University of California hospitals in 
            the range of $100,000 system-wide.  

          4)Additional costs that would be incurred, or saved, as a result 
            of this bill are not straightforward to estimate because the 
            extent to which screening is currently performed in hospitals 
            is not tracked.  Assuming half of all babies in California are 
            currently screened, the following effects are projected: 

             a)   $450,000 in increased Medi-Cal and Healthy Families 
               Program (HFP) cost pressure related to screening (49% GF, 
               51% federal funds) and follow-up care.  

             b)   Potential offsetting cost savings in the range of 
               $350,000 (49% GF, 51% federal funds) annually associated 
               with earlier detection of heart defects among Medi-Cal and 
               HFP eligible babies.  

             c)   Uncertain, but potentially significant savings to 
               various health care and developmental services programs 
               from prevention of life-long disability related to earlier 
               diagnosis of approximately 75 babies with CCHD who would 
               otherwise be diagnosed late.

          5)Ongoing administrative costs to hospitals could range from 
            negligible up to several thousand dollars per hospital, 
            depending whether the hospital has initiated CCHD screening in 








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            absence of this bill.
                 
           COMMENTS  

           1)Rationale  .  According to the author, CCHD is a group of 
            defects that cause severe and life-threatening symptoms and 
            require intervention within the first days or first year of 
            life.  He states that undetected CCHD kills 30 babies every 
            year in California, because babies with CCHD can appear 
            healthy and be discharged without being diagnosed. He also 
            believes it is appropriate to mandate universal screening in 
            the state, given pulse oximetry provides a low-cost, 
            non-invasive method to screen for CCHD, and given the federal 
            Health and Human Services (HHS) Secretary in fall 2011 
            formally adopted the recommendation that all newborns be 
            screened. 

           2)Newborn Screening Tests.  Both government entities and 
            non-governmental groups such as the American Academy of 
            Pediatrics develop recommendations on newborn screening. The 
            relevant federal entity is the HHS Secretary's Advisory 
            Committee on Heritable Disorders in Newborns and Children.  
            The Committee reviews evidence and makes recommendations to 
            the Secretary on the addition of conditions or techniques to a 
            Recommended Uniform Screening Panel (panel), and the Secretary 
            can accept or reject the recommendation. 

            Currently, two models of newborn screening exist in 
            California.  The California Department of Public Health (CDPH) 
            administers the Genetic Disease Screening Program, which uses 
            a system of regional and state laboratories to detect genetic 
            conditions by analyzing blood samples.  DHCS administers the 
            Newborn Hearing Screening Program, a hospital-based hearing 
            test for which administration and follow-up is tracked by 
            region for the entire newborn population.  DHCS retained the 
            hearing program after the two departments split in 2007 
            because many infants who fail the hearing screen are linked up 
            with referrals and services through the California Childrens 
            Services program, which DHCS administers. CDPH also runs the 
            Birth Defects Monitoring Program, which tracks congenital 
            heart defects in a representative subset (about 40%) of births 
            in the state.

            Because CCHD screening is a hospital-based test, it seems to 
            most closely resemble the hearing screening program at DHCS.  








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            However, as explained below, the optimal role of state 
            agencies with respect to CCHD is not well-defined.
           
            3)Pulse oximetry screening for CCHD  is an active area of 
            research and discussion across the country. Many hospitals use 
            pulse oximeters to measure oxygen saturation for a variety of 
            purposes, including monitoring babies in neonatal intensive 
            care units.  Four states have mandated using pulse oximetry 
            for CCHD screening and others are considering it.  The federal 
            Committee recommended adding it to the standard panel of tests 
            in 2010, and the federal HHS Secretary initially rejected the 
            addition, citing significant gaps in evidence that would 
            impede effective implementation.  In September 2011, based on 
            additional information, the Secretary endorsed the 
            recommendation, adding CCHD to the panel, but indicated that 
            there were still a number of issues that needed further 
            research, including the role of state health departments.

           4)Fiscal Concern: Role of the State  . Since follow-up for CCHD is 
            done immediately at the hospital, the state role is less clear 
            than in other newborn screening programs.  Not all neonatal 
            best practices with respect to screening and follow-up are 
            legislatively mandated and tracked by public health agencies; 
            many practices become the standard of care even in absence of 
            such oversight. 

            A work group composed of members of the Committee on Heritable 
            Disorders in Newborns and Children, the American Academy of 
            Pediatrics, the American College of Cardiology Foundation, and 
            the American Heart Association acknowledges that the public 
            health role is different for CCHD screening in a 2011 report:

               "Follow-up for a positive screen result should be managed 
               by the hospital or birth center before discharge; 
               therefore, the role of public health agencies in CCHD 
               screening is different from that in the case of newborn 
               dried-blood-spot screening or newborn hearing screening. 
               However, public health agencies can play a central role in 
               quality assurance and surveillance. There are several 
               challenges to public health agencies' involvement with CCHD 
               screening, including the inability to collect real-time 
               screening data through health information exchange systems, 
               absence of the direct presence of public health personnel 
               in hospitals and birthing centers, and the financial and 
               staffing pressures within public health departments. 








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            Given the unique implementation challenges associated with 
            universal screening for CCHD, the Maryland Legislature 
            requested its State Advisory Council On Hereditary And 
            Congenital Disorders to provide recommendations on 
            implementing universal screening in that state.  The Maryland 
            council's 2011 report also recommended quality assurance and 
            appropriate evaluation of positive results should be the 
            responsibility of the birthing hospital, not the public health 
            department.  They recommended the public health agency role be 
            limited to data surveillance, program evaluation, education, 
            and technical assistance relating to quality assurance.

            CCHD screening does not parallel other existing screening 
            tests, and the bill does not specify precisely what the role 
            of DHCS is in ensuring universal screening.  The bill's 
            current language implies the role of DHCS is more expansive, 
            and costly, than may be warranted given the time frame and 
            hospital-based nature of the screening exam and follow-up.  A 
            narrower definition that defines a more limited role for the 
            state based on the unique features of CCHD screening, as 
            discussed above, could reduce costs and clarify the role of 
            the state to ensuring universal screening.  


           Analysis Prepared by  :    Lisa Murawski / APPR. / (916) 319-2081