Amended in Senate June 23, 2014

Amended in Assembly May 28, 2014

Amended in Assembly May 23, 2014

Amended in Assembly May 6, 2014

Amended in Assembly April 23, 2014

Amended in Assembly April 2, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1592

Introduced by Assembly Member Beth Gaines

(Coauthors: Assembly Members Bonta, Chávez, Fong, Fox, Garcia, and Gonzalez)

February 3, 2014

An act to add Article 1 (commencing with Section 104250) to Chapter 4 of Part 1 of Division 103 of the Health and Safety Code, relating to diabetes begin insert , and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1592, as amended, Beth Gaines. California Diabetes Program.

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the administration of the California Diabetes Program.

This bill would require the State Department of Public Health to submit a report to the Legislature by December 31, 2015, that is to include, among other things, an assessment of the benefits of implemented programs and activities aimed at preventing and controlling diabetes, and detailed action plans for combating diabetes with a range of actionable items for consideration by the Legislature that will aid in attaining the goals set forth by the department in the California Wellness Plan for 2014 and the Diabetes Burden Report. The bill would also authorize the department to update the report as necessary and at the department’s discretion. The bill would require the department to make the report and any updates available on its Internet Web site. The bill would authorize the department to use statistical data from external sources, and would require the State Department of Health Care Services to provide the department with any relevant statistical data for purposes of creating the report. begin insert The bill would end insert begin insert require the State Department of Public Health to also include guidelines to reduce the fiscal burden of diabetes to the state in the Diabetes Burden Report, which is to be completed by December 31, 201 end insert begin insert 4. end insert

The bill would also make related findings and declarations.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Article 1 (commencing with Section 104250) is
added to Chapter 4 of Part 1 of Division 103 of the Health and
Safety Code, to read:

 

Article 1.  California Diabetes Program

 

104250.  

The Legislature finds and declares all of the following:

(a) It is reported by the California Diabetes Program that one
in seven adult Californians has diabetes, and the numbers are rising
rapidly. The actual number of those whose lives are affected by
diabetes is unknown and stands to be much higher when factoring
in the incidence of type 1 diabetes and undiagnosed gestational
diabetes.

(b) California has the greatest number of annual new cases of
diabetes in the United States.

(c) The incidence of diabetes amongst all Californians has
increased 32 percent over the past decade.

(d) Over 11.4 million people in California have prediabetes, a
condition that is a precursor to full onset type 2 diabetes. This
suggests that the total population of those diagnosed will continue
to rise in the absence of interventions.

(e) The prevalence of diagnosed gestational diabetes in
California has increased 60 percent in just seven years, from 3.3
percent of hospital deliveries in 1998 to 5.3 percent of hospital
deliveries in 2005, with the federal Centers for Disease Control
and Prevention stating that the diagnosis rate could run as high as
18.3 percent.

(f) The fiscal impact to the State of California, including total
health care and related costs for the treatment of diabetes, was over
$35.9 billion in 2010.

(g) A recent study of a large state with a sizable diabetes
population found that the rate of diagnosed diabetes in the state’s
Medicaid population is nearly double that of its general population.

(h) There is no cure for any type of diabetes.

(i) Diabetes when left untreated can lead to serious and costly
complications and a reduced lifespan.

(j) Many of these serious complications can be delayed or
avoided with timely diagnosis, effective patient self-care, and
improved social awareness.

(k) The State Department of Public Health has created the
California Wellness Plan for 2014 that provides a set of desired
outcomes regarding diabetes in the state.

(l) The State Department of Public Health will complete a
Diabetes Burden Report by December 31, 2014, and will include
in the report, information on the prevalence of diabetes in
California compared to the rest of the United States, risk factors
for developing diabetes and diabetes complications, and the
prevalence of obesity, inactivity, and cardiovascular disease risk
factors among individuals with diabetes as compared to individuals
without diabetes in California. The report will address the
prevalence of prediabetes, complications of diabetes, and diabetes
mortality in California as compared to the rest of the United States.
The report will also outline the department’s programs and
activities that address the burden of diabetes in California.

(m) It is the intent of the Legislature to require the State
Department of Public Health, as part of the California Diabetes
Program, to create a diabetes action plan that provides policy
guidance to prevent, treat, and increase awareness of diabetes and
to aid the state in complying with the goals set forth by the State
Department of Public Health in the California Wellness Plan for
2014 and the Diabetes Burden Report.

104251.  

(a) The State Department of Public Health, as part of
the California Diabetes Program, shall submit a report to the
Legislature by December 31, 2015, that shall include all of the
following:

(1) An assessment of the benefits of implemented programs and
activities aimed at preventing and controlling diabetes. The
assessment shall document both of the following:

(A) The amount and source for any funding directed to the State
Department of Public Health and the State Department of Health
Care Services from the Legislature for programs and activities
aimed at reaching those with diabetes.

(B) The amount and source for any funding directed to the State
Department of Public Health and the State Department of Health
Care Services that may be used for the purposes of the action plans
required pursuant to paragraph (3).

(2) A description of the level of coordination between the State
Department of Public Health and the State Department of Health
Care Services in preventing, treating, managing, and increasing
awareness of all forms of diabetes and its complications within
the Medi-Cal population.

(3) Detailed action plans for combating diabetes with a range
of actionable items for consideration by the Legislature that will
aid in attaining the goals set forth by the State Department of Public
Health in the California Wellness Plan for 2014 and the Diabetes
Burden Report.

(4) A detailed budget blueprint identifying needs, costs, and
resources required to implement the action plans required pursuant
to paragraph (3) for consideration by the Legislature. The budget
blueprint to the Legislature shall include a cost-benefit analysis to
assist in prioritizing plans by level of efficiency.

(b) The State Department of Public Health may, as necessary
and at its discretion, issue updates to the report specified in
subdivision (a) in future years. The State Department of Public
Health shall make the report and any updates issued pursuant to
this section available on its Internet Web site. The report and any
updates submitted pursuant to subdivision (a) shall be submitted
in compliance with Section 9795 of the Government Code.

104252.  

(a) In order to reduce potential costs incurred by the
State Department of Public Health in the process of creating the
report as required pursuant to Section 104251, the State Department
of Public Health may use statistical data from external sources.

(b) (1) The State Department of Health Care Services shall
provide to the State Department of Public Health any relevant
statistical data for the purposes of creating the report.

(2) To ensure patient privacy, all data transferred to the State
Department of Public Health from the State Department of Health
Care Services shall conform to requirements described in the
federal Health Insurance Portability and Accountability Act of
1996 (Public Law 104-191).

begin insert

begin insert 104253. end insert   

The State Department of Public Health shall also
include in the Diabetes Burden Report, which is to be completed
by December 31, 2014, guidelines that will reduce the fiscal burden
of diabetes to the state.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order for the state to combat diabetes and reduce the fiscal
burden to the state in combating diabetes at the earliest possible
time, it is necessary that this act take effect immediately.

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