BILL ANALYSIS                                                                                                                                                                                                    �






                             SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:       SB 224
          AUTHOR:        Walters
          INTRODUCED:    February 11, 2013
          HEARING DATE:  April 3, 2013
          CONSULTANT:    Robinson-Taylor

           SUBJECT  :  Newborn screening program.
           
          SUMMARY  :  Requires the California Department of Public Health  
          (DPH), until January 1, 2019, to expand statewide screening of  
          newborns to include screening for Hurler syndrome and Krabbe  
          disease. 

          Existing law:
          1.Requires DPH to develop a genetic disease testing program.  
            Requires newborn screening for preventable heritable or  
            congenital disorders leading to physical defects or  
            intellectual disabilities. Requires newborn screening for  
            sickle cell anemia, phenylketonuria, and severe combined  
            immunodeficiency (SCID). Also requires tandem mass  
            spectrometry (TMS) screening in newborns for fatty acid  
            oxidation, amino acid and organic acid disorders, and  
            congenital adrenal hyperplasia. 

          2.Requires DPH to establish a genetic disease unit to coordinate  
            programs in the area of genetic disease and evaluate and  
            prepare recommendations on the implementation of tests for the  
            detection of certain hereditary and congenital diseases.  
            Requires DPH to provide genetic screening and follow-up  
            services. Allows DPH to provide laboratory testing facilities  
            or work with qualified outside labs to conduct testing.

          3.Requires DPH to charge a fee for newborn screening and  
            follow-up services, and requires the amount of the fee to be  
            established pursuant to regulation and periodically adjusted. 

          4.Requires that any fee charged for screening and follow-up  
            services provided to Medi-Cal- eligible persons, health care  
            service plan enrollees, or persons covered by disability  
            insurance policies are to be paid directly to the Genetic  
            Disease Testing Fund, and are subject to the terms and  
            conditions of the health care service plan or insurance  
            coverage. 
                                                         Continued---



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          5.Requires, under regulation, testing for hereditary  
            hemoglobinopathies, primary congenital hypothyroidism, and  
            galactosemia.
          
          This bill:
          1.Requires DPH, until January 1, 2019, to expand statewide  
            screening of newborns to include screening for two specific  
            lysosomal storage disorders, Hurler syndrome and Krabbe  
            disease.
          
           FISCAL EFFECT  :  This bill has not been heard by a fiscal  
          committee.

           

          COMMENTS  : 
           1.Author's statement.  Currently, all babies in California are  
            screened for over 75 diseases at birth through newborn  
            screening. These diseases are not otherwise clinically  
            recognized at birth but if untreated can cause irreversible  
            physical and mental damage to children, with many resulting in  
            death  For these diseases, early detection is essential to  
            avoid such devastating outcomes. Likewise, early detection  
            through newborn screening for Krabbe disease and Hurler  
            syndrome is crucial to give these children a chance at a  
            healthy life. While treatment options are available, these  
            treatments are only effective when given before symptoms are  
            present. Most often children are not diagnosed in time and,  
            therefore, are not able to receive these life-saving  
            treatments.

          2.Newborn Screening Program.  Newborn screening is recognized  
            nationally as an essential preventive health measure and an  
            important state-based public health program. All states in the  
            nation and the District of Columbia mandate newborn screening  
            of all infants born within their jurisdiction for certain  
            treatable disorders that may not otherwise be detected before  
            developmental disability or death occurs. Newborns with these  
            genetically screened disorders typically appear normal at  
            birth. The testing and follow-up services of newborn screening  
            programs are designed to provide early diagnosis and treatment  
            before significant, irreversible damage occurs.

          Newborn screening in California falls under the auspices of DPH  
            and is centrally managed by the Genetic Disease Screening  




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            Program. Prior to leaving the hospital, a few drops of blood  
            from the newborn's heel are collected on filter paper.  
            According to DPH, currently, the cost of the test is $111.70.   
            Medi-Cal and most private insurance will pay for the test. The  
            sample is sent to one of eight regional laboratories that  
            contract with the DPH for testing.  The results are sent to  
            DPH for data collection and quality control. Parents obtain  
            the test results from the baby's doctor or clinic. It takes  
            about two weeks for the doctor to receive the written results.  
            If the baby needs more tests, parents will get a letter or a  
            phone call a few days after discharge from the hospital.  
            
            According to DPH, positive test results are immediately  
            telephoned to a follow-up coordinator at one of the Newborn  
            Screening Area Service Centers throughout the state. The  
            coordinator contacts the newborn's physician to arrange for  
            repeat testing. If repeat testing determines that the baby has  
            a disorder, the coordinator will supply the latest clinical  
            information on diagnosis and treatment and assist with  
            referrals to special care. In 2011-12, approximately 492,000  
            newborns were screened for 80 genetic disorders. Approximately  
            9,250, or under 2 percent, were classified as positive or  
            questionable and were referred for follow-up testing or  
            services.  

          3.Hurler Syndrome.  According to the National Institutes of  
            Health, Hurler syndrome is an inherited disorder in which the  
            lack of an enzyme affects various organs and tissues,  
            including the brain. Hurler syndrome occurs in about 1 out of  
            every 100,000 babies born in the United States. A child  
            inherits the syndrome when he or she gets two abnormal genes,  
            one from each parent. Symptoms of Hurler syndrome most often  
            appear between ages three and eight. Infants with severe  
            Hurler syndrome appear normal at birth. Facial symptoms may  
            become more noticeable during the first two years of life.  
            Symptoms include: 
            a) Problems with mental function; 
            b) Heart problems, including changes in the valves; 
            c) Hearing problems and frequent ear infections; 
            d) Large head size, broad forehead and heavy eyebrows;
            e) Deformed bones and stiff joints, especially the spine,  
            hips, knees, wrists and fingers; and 
            f) Breathing problems.

            If the disease is not stopped, children with Hurler syndrome  
            usually die by five to ten years of age. The two main  




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            treatments for children with Hurlers syndrome are enzyme  
            replacement therapy and a bone marrow or cord-blood  
            transplant. Enzyme replacement therapy may be a good option  
            for children who have a form of Hurler syndrome that does not  
            cause problems with mental function. A bone marrow or  
            cord-blood transplant is the only known treatment that can  
            stop the progression of the mental damage caused by Hurlers  
            syndrome.

          4.Krabbe Disease.  According to the National Institute of  
            Neurological Disorders and Stroke, Krabbe disease is a rare,  
            inherited degenerative disorder of the central and peripheral  
            nervous systems. Krabbe disease occurs in about 1 out of  
            100,000 individuals in the United States.  This condition is  
            inherited where the parents of an individual each carry one  
            copy of the mutated gene, but the parents typically do not  
            show signs and symptoms of the condition.  The symptoms of  
            Krabbe disease usually begin before the age of one year (the  
            infantile form). Initial signs and symptoms typically include:  

            a) Irritability; 
            b) Muscle weakness;
            c) Feeding difficulties; 
            d) Episodes of fever without any sign of infection; and 
            e) Stiff posture, and slowed mental and physical development. 

            As the disease progresses, muscles continue to weaken,  
            affecting the infant's ability to move, chew, swallow, and  
            breathe. Less commonly, onset of Krabbe disease can occur in  
            childhood, adolescence, or adulthood (late-onset forms).  
            Visual problems and walking difficulties are the most common  
            initial symptoms in this form of the disorder, however, signs  
            and symptoms vary considerably among affected individuals.

            There is no cure for Krabbe disease. Infantile Krabbe disease  
            is generally fatal before age two. Results of a very small  
            clinical trial of patients with infantile Krabbe disease found  
            that children who receive cord-blood stem cells from unrelated  
            donors prior to symptom onset developed with little  
            neurological impairment. Results also showed that disease  
            progression stabilized faster in patients who receive cord  
            blood compared to those who receive adult bone marrow.  

          5.Uniform screening panel.  The Secretary's Advisory Committee  
            on Heritable Disorders in Newborns and Children (SACHDNC) was  
            chartered in February 2003 to advise the Secretary of the U.S.  




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            Department of Health and Human Services (HHS) regarding the  
            most appropriate application of universal newborn screening  
            tests, technologies, policies, guidelines and standards for  
            effectively reducing morbidity and mortality in newborns and  
            children having, or at risk for, heritable disorders. In 2010,  
            the HHS Secretary adopted the recommendation of SACHDNC for a  
            uniform screening panel. The recommendations included  
            screening for 31 core conditions and reporting 26 secondary  
            conditions as a national standard for newborn screening  
            programs. SACHDNC also recommended that this panel of  
            conditions be included in all state newborn screening  
            programs. Lysosomal storage disorders, such as Krabbe and  
            Hurler syndrome, although considered, were not included in  
            these recommendations.

          6.Methodology for adding new conditions.  According to DPH,  
            there is no national standard process to add a disorder to a  
            state's screening program. Some states will add a disorder  
            once it is recommended by SACHDNC but prior to official  
            acceptance by the HHS Secretary, while other states wait for  
            the official acceptance by the HHS Secretary. In California  
            disorders have been added through the budget process or  
            through legislation directing the department to add a specific  
            disorder to the screening program.  

          7.Prior legislation. SB 1072 (Strickland) of 2012 would have  
            required DPH, until January 1, 2018, to expand statewide  
            screening of newborns to include screening for Hurler syndrome  
            and Krabbe disease. SB 1072 died in the Senate Appropriates  
            Committee.

          SB 1731 (Block), Chapter 336, Statutes of 2012, establishes the  
            Newborn Critical Congenital Heart Disease (CCHD) Screening  
            Program and requires hospitals, beginning July 1, 2013, to  
            offer a pulse oximetry test for the identification of CCHD to  
            parents of newborns prior to discharge.

            SB 395 (Pan), Chapter 461, Statutes of 2011, expands statewide  
            screening of newborns to include screening for SCID. 

            SB 1103 (Senate Budget and Fiscal Review), Chapter 228,  
            Statutes of 2004, expanded statewide screening of newborns to  
            include TMS screening for fatty acid oxidation, amino acid,  
            organic acid disorders, and congenital adrenal hyperplasia.  

            AB 442 (Committee on Budget), Chapter 1161, Statutes of 2002,  




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            requires hospitals to collect fees associated with any tests  
            conducted under the state's NBS Program.

            SB 537 (Greene), Chapter 1011, Statutes of 1998, requires DPH  
            to establish a program to provide extended newborn genetic  
            screening services for persons who elect to have, and pay for,  
            the additional screening.  
            
          8.Support.  According to the sponsor, Hunter's Hope Foundation,  
            early detection through newborn screening is crucial for those  
            afflicted with Krabbe disease and Hurler syndrome to benefit  
            from the potentially life-saving available treatments.  The  
            sponsor asserts that cord-blood transplantation has been shown  
            to significantly extend life and improve the quality of life  
            for children with lysosomal storage disorders.  The sponsor  
            maintains that should California begin screening for these  
            diseases, significant reduction in costs can be anticipated  
            due to less costly care of children with Krabbe disease and  
            other lysosomal storage disorders when they are functional and  
            do not require continuous nursing care.

          9.Opposition.  The California Hospital Association (CHA) writes  
            in opposition to this bill that in California there are more  
            than 500,000 babies born in hospitals each year. For each of  
            those births, hospitals administer a newborn screening for  
            more than 75 genetic diseases and congenital disorders that  
            are preventable or remediable by early intervention testing.  
            CHA maintains that mandating new screenings will impose new  
            costs on the newborns parents, the program, the payers  
            (including Medi-Cal) and the providers. CHA argues that any  
            screening expansion must be evidence-based and implemented  
            only once standard protocols have been tested and it is  
            established that actual benefits, in terms of improved patient  
            outcomes, will result. Currently, CHA asserts, there are  
            insufficient clinical research and evidence-based reviews of  
            these rare conditions to provide an opinion on the extent to  
            which lysosomal storage disorders meet the available and  
            efficacy of treatment thresholds.

          10.Policy Concerns.

          a.California laboratory capacity.  According to DPH, while the  
            Genetic Disease Laboratory does not currently test for  
            lysosomal storage disorders, the same testing method used in  
            New York to screen for Krabbe disease in their screening  
            program is used for testing on the current California newborn  




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            screening panel. DPH explains that the Genetic Disease  
            Screening Program is currently working with the Mayo Clinic to  
            develop effective and efficient screening strategies for 13  
            lysosomal storage disorders by evaluating a number of  
            different testing  platforms to determine the most efficient  
            and effective screening approach.

          b.Efficacy of treatment.  In 2009, Krabbe disease was submitted  
            under a separate request to SACHDNC to be added to the uniform  
            screening panel. Following a comprehensive evidence review, in  
            a report released in 2010, Krabbe was rejected by SACHDNC  
            stating there was lack of consensus about the case definition  
            of the disease and lack of information about the specific  
            benefits of the current treatment. Hurler syndrome is also  
            currently not one of the recommended conditions by SACHDNC for  
            the uniform screening panel.
            
          c.Learning from other states.  According to the author, New York  
            has been screening all infants for Krabbe disease since 2005.  
            The author maintains that Missouri began screening all of its  
            infants last August and that Illinois, New Jersey and New  
            Mexico have recently passed legislation mandating newborn  
            screening for Krabbe disease.  Potentially, some data will be  
            available from these states that could address the evidence  
            gaps raised by SACHDNC.
          
           SUPPORT AND OPPOSITION  :
          Support:  Hunter's Hope Foundation (sponsor)
                    2 individuals

          Oppose:   California Hospital Association


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