BILL ANALYSIS Ó AB 1731 Page 1 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" AB 1731 Page 2 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 AB 1731 Page 3 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. AB 1731 Page 4 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. AB 1731 Page 5 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