BILL ANALYSIS                                                                                                                                                                                                    Ó






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

          BILL NO:       SB 830
          AUTHOR:        Galgiani
          AMENDED:       April 7, 2014
          HEARING DATE:  April 24, 2014
          CONSULTANT:    Marchand

           SUBJECT  :  Health care: health facility data.
           
          SUMMARY  :  Requires the Office of Statewide Health Planning and  
          Development to include "heart valve repair and replacement  
          surgeries" in their annual risk adjusted outcome reports for  
          coronary artery bypass graft surgeries, and to annually publish  
          a new risk-adjusted outcome report for all percutaneous cardiac  
          interventions and transcatheter valve procedures performed in  
          California.

          Existing law:
          1.Establishes the Office of Statewide Health Planning and  
            Development (OSHPD), and designates OSHPD as the single state  
            agency to collect specified health facility or clinic data for  
            use by all state agencies.

          2.Requires hospitals to make and file with OSHPD certain  
            specified reports, including a Hospital Discharge Abstract  
            Data Record that is required to include 19 specified data  
            elements for each admission, including information on  
            diagnoses and disposition of the patient.

          3.Permits OSHPD to make additions or deletions to the data  
            elements required in the discharge reports, but limits OSHPD  
            to adding no more than a net of 15 elements to each data set  
            over any five-year period, and requires OSHPD to consider  
            costs and benefits of data collection and other factors prior  
            to adding or deleting any data element.

          4.Requires OSHPD, commencing July 1993, and annually thereafter,  
            to publish risk-adjusted outcome reports in accordance with a  
            schedule that requires reports to be published on three  
            conditions or procedures each year for three years, for a  
            total of nine reports by July 1995, and requires reports for  
            subsequent years to include conditions and procedures and  
            cover periods as appropriate.  Requires the procedures and  
            conditions to be reported to be equally divided among medical,  
                                                         Continued---



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            surgical and obstetric conditions or procedures, and to be  
            selected by OSHPD in accordance with specified criteria.

          5.Requires OSHPD, in addition to other established reports,  
            beginning July 1, 2004, to publish a risk-adjusted outcome  
            report for coronary artery bypass graft (CABG) surgery for all  
            CABG surgeries performed in the state. Requires the reports to  
            compare risk-adjusted outcomes by hospital in every year, and  
            by cardiac surgeon in every other year, but permits  
            information on individual hospitals and surgeons to be  
            excluded from the reports based upon the recommendation of a  
            clinical panel for statistical and technical considerations.

          6.Requires OSHPD to appoint a clinical panel of nine members for  
            each risk-adjusted outcome report that includes reporting of  
            data by an individual physician. Specifies that for the  
            clinical panel for the CABG report, three members are to be  
            appointed from a list of names submitted by the California  
            Chapter of the American College of Cardiology, three members  
            from a list submitted by the California Medical Association,  
            and three members from a list submitted by consumer  
            organizations.
          
          This bill:
          1.Requires OSHPD, beginning July 1, 2015, to include "heart  
            valve repair and replacement surgeries" in their annual  
            risk-adjusted outcome reports for CABG surgeries.

          2.Requires OSHPD, beginning July 1, 2015, to publish annual  
            risk-adjusted outcome reports for all percutaneous cardiac  
            interventions (PCI) and transcatheter valve procedures  
            performed in California.  Requires these reports to include  
            risk-adjusted outcomes by hospital in every year, and by  
            physician in every other year.

          3.Requires OSHPD, for purposes of the new PCI and transcatheter  
            valve procedure reports, to collect the same data used for the  
            National Cardiovasular Data Registry Cath/PCI and TAVR  
            databases. Permits OSHPD to add any clinical data elements  
            included in these same national databases, after first  
            considering the utilization of sampling to the maximum extent  
            possible.

          4.Requires OSPHD, for purposes of the new PCI and transcatheter  
            valve procedure reports, to collect the minimum data necessary  
            for the purposes of testing or validating a risk-adjusted  




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            model.

          5.Exempts, for purposes of the new PCI and transcatheter valve  
            procedure reports, patient medical record numbers and any  
            other data elements that OSHPD believes could be used to  
            determine the identity of an individual patient from the  
            disclosure requirements of the California Public Records Act.

          6.Revises the manner in which members are appointed to the  
            clinical review panel for the CABG report by requiring three  
            of the members to be appointed from a list submitted by the  
            California Society of Thoracic Surgeons, instead of by the  
            California Medical Association, and by requiring at least one  
            appointee of the nine members to be an interventionalist and  
            member of the Society of Angiography and Intervention.

          7.Requires, for purposes of establishing the clinical review  
            panel for the new PCI and transcatheter valve procedure  
            reports, that three members be appointed from a list submitted  
            by the California Chapter of the American College of  
            Cardiology, three members appointed from a list submitted by  
            the California Medical Association, and three members  
            appointed from a list submitted by consumer organizations.   
            Requires, of the nine members, that one appointee be a  
            cardiovascular surgeon and a member of the California Society  
            of Thoracic Surgery.

          8.Requires all heart valve repair and replacement transcatheter  
            interventions or surgery procedures to also be reviewed by a  
            joint subpanel of the CABG clinical review panel and the PCI  
            and transcatheter valve procedure clinical review panel.  
            Requires this subpanel to be comprised of three members of the  
            CABG review panel and three members of the PCI and  
            transcatheter valve procedure review panel, and to be chaired  
            by one member from OSHPD. Permits this subpanel to make  
            recommendations to the CABG review panel and the PCI and  
            transcatheter valve procedure review panel relating to valve  
            repair and replacement transcatheter interventions or surgery  
            procedures.

           FISCAL EFFECT  :  This bill has not been analyzed by a fiscal  
          committee.

           COMMENTS  :  
           1.Author's statement.  According to the author, SB 680  




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            (Figueroa), Chapter 898, Statutes of 2001, provided for the  
            collection and analysis of clinical data concerning coronary  
            artery bypass graft surgery (CABG) and the publishing of  
            reports by OSHPD of the results including a discussion of the  
            findings, conclusions, and trends concerning the overall  
            quality of medical outcomes for these procedures. 

            Over the last decade, important changes in technology and  
            patterns of care for coronary artery disease and other cardiac  
            conditions have occurred. The use of angioplasty and stents  
            (percutaneous coronary intervention or PCI) has become more  
            prevalent than CABG surgery. However, OSHPD is only authorized  
            to collect and report detailed clinical data for CABG at this  
            time. 
                  
            This bill, commencing July 1, 2015, would update current  
            medical procedures by requiring OSHPD to publish risk-adjusted  
            outcome reports for PCI including the use of angioplasty or  
            stents, and transcatheter valve procedures. 
               
          2.Background of risk adjusted outcome reports. Under current  
            law, OSHPD collects data from hospitals about every patient  
            discharged. The information collected includes date of birth,  
            sex, admission date, discharge date, principal diagnosis,  
            other diagnoses, principal procedures, and disposition of the  
            patient. OSHPD uses this data, in part, to produce required  
            "risk-adjusted" reports of outcomes of various procedures and  
            treatments performed at hospitals.  Risk-adjustment, simply  
            stated, means that the results are adjusted to take into  
            account the condition of the patient.  In this manner,  
            outcomes from hospitals that treat a disproportionately high  
            number of sick or frail patients, for instance, can be  
            compared with hospitals treating younger or healthier  
            patients.  While the raw outcome data for the hospital with a  
            high number of sick patients might show a relatively high  
            number of deaths, the "risk-adjusted" report might show both  
            hospitals have equivalent outcomes. The first risk-adjusted  
            report, on Acute Myocardial Infarction (heart attacks), was  
            published in December 1993, and was subsequently updated in  
            May 1996 and December 1997. In 2006, 2007 and 2008, OSHPD  
            published risk-adjusted outcome reports for 30-day mortality  
            rates for Community Acquired Pneumonia, based on data  
            collected for the years 2001-2005. 

           CABG reports  
             Pursuant to SB 680 (Figueroa) of 2001, OSHPD began publishing  




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            CABG risk-adjusted outcome reports for both hospitals and  
            surgeons beginning in 2006 for data collected in 2003, and  
            have continued publishing these reports each year, including  
            having just published the 2011 hospital-level CABG report last  
            month. Unlike prior reports based on OSHPD discharge data,  
            OSHPD states that publication of the CABG reports required  
            establishing a clinical data registry for hospital data  
            submissions and collection of surgeon information. According  
            to OSHPD, the CABG Outcomes Reporting Program is the largest  
            public reporting program on CABG surgery outcomes in the  
            United States. According to the most recent report, the  
            operative mortality rate for isolated CABG surgery in  
            California was 2.01 percent in 2011, which represents a 31  
            percent reduction in the operative mortality rates since 2003  
            (2.91percent), the first year of mandated reporting.
             Other outcome-reports  Existing law requires OSHPD to have been  
            publishing a minimum of nine risk-adjusted reports in addition  
            to the CABG report since 1995, with the procedures and  
            conditions chosen by OSHPD and divided among medical,  
            surgical, and obstetrical conditions or procedures. These  
            reports were to have included reports for both hospitals and  
            physicians, unless OSHPD determined it was not appropriate to  
            report by individual physician. However, with the exception of  
            the Acute Myocardial Infarction and the Community Acquired  
            Pneumonia reports described above, and the annual CABG  
            reports, OSHPD did not publish any other risk-adjusted outcome  
            reports until January of 2009.  At that time, OSHPD began  
            publishing a series of reports, called "Inpatient Mortality  
            Indicators," using a set of quality indicators and other  
            measures developed by the federal Agency for Healthcare  
            Research and Quality (AHRQ). Using the indicators established  
            by AHRQ, OSHPD inputs data on California hospitals that it  
            collects through discharge reports.  Prior to publishing the  
            Inpatient Mortality Indicator reports for any given procedure  
            or condition, OSHPD uses statistical risk adjustment tools to  
            ensure that all California hospitals are assessed fairly.  
            Because these Inpatient Mortality Indicator reports are  
            calculated using hospital discharge data, they are necessarily  
            limited to comparing hospitals, and do not report at the  
            physician level as is done with the CABG reports.  According  
            to OSHPD, the most recently published AHRQ Inpatient Mortality  
            Indicator reports (published in June of 2013 for data from  
            2010 and 2011) includes six procedures (Esophageal Resection,  
            Pancreatic Resection, Abdominal Aortic Aneurysm Repair,  
            Craniotomy, Percutaneous Transluminal Coronary Angioplasty,  




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            and Carotid Endarterectomy) and six conditions (Acute  
            Myocardial Infarction, Congestive Heart Failure, Acute Stroke,  
            Gastrointestinal Hemorrhage, Hip Fracture, and Pneumonia).

          3.What are these procedures? Generally speaking, the reports  
            modified and added by this bill have to do with both  
            traditional, open heart surgery procedures (the CABG surgery  
            as well as the heart valve repair and replacement surgeries),  
            and with non-surgical interventional procedures using  
            catheters that are threaded through blood vessels into the  
            affected area of the heart (PCI and transcatheter valve  
            procedures). According to OSHPD data, between 1997 and 2012,  
            PCI volume decreased slightly from 44,350 to 42,941 (a 3  
            percent decline), while isolated CABG surgeries (those  
            performed without other major surgeries) decreased by 58  
            percent (from 28,178 to 11,725).

               a.     CABG. Coronary artery bypass graft surgery is  
                 open-heart surgery which involves using a piece of blood  
                 vessel taken from elsewhere in the body and grafted onto  
                 the coronary arteries to create a detour or bypass around  
                 the blocked portion of the coronary artery. OSHPD has  
                 been required to publish risk-adjusted outcome reports  
                 for all hospitals and physicians on this procedure since  
                 2004.
               
               b.     Heart valve repair and replacement. Heart valve  
                 surgery, according to the Mayo Clinic, is an open-heart  
                 surgical procedure to repair or replace one or more of  
                 the four valves in your heart that is suffering from a  
                 heart valve disease and is not functioning properly. 
               
               c.     PCI. Percutaneous coronary intervention, also known  
                 as angioplasty, is described as a nonsurgical procedure.  
                 According to the Mayo Clinic, PCI involves temporarily  
                 inserting and inflating a tiny balloon where your artery  
                 is clogged to help widen the artery, and it is often  
                 combined with the permanent placement of a small wire  
                 mesh tube called a stent to help prop the artery open.
               
               d.     Transcatheter valve procedures. According to the  
                 Mayo Clinic, transcatheter aortic valve replacement  
                 (TAVR) is a minimally invasive procedure to replace a  
                 narrowed aortic valve that fails to open properly (aortic  
                 stenosis), and is typically reserved for people who can't  
                 undergo open-heart surgery or for people for whom surgery  




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                 presents too many risks. TAVR involves replacing a  
                 damaged aortic valve with one made from cow heart tissue,  
                 and is performed using a catheter inserted through the  
                 leg or through a tiny incision in the chest. 

          4.Data collection modeled on national registries.  As part of  
            requiring OSHPD to publish a new risk-adjusted outcome report  
            for PCI and transcatheter valve procedures, this bill requires  
            OSHPD to collect the same data used for related databases  
            collected and maintained by the National Cardiovascular Data  
            Registry (NCDR).  According to its website, NCDR is the  
            American College of Cardiology's suite of data registries  
            helping hospitals and private practices measure and improve  
            the quality of cardiovascular care they provide. The NCDR  
            encompasses six hospital-based registries and one outpatient  
            registry. This bill requires OSHPD to collect the same data  
            that two of NCDR's registries already collect: the NCDR  
            CathPCI Registry, and the Transcatheter Valve Therapy (TVT)  
            Registry. According to NCDR, the CathPCI Registry establishes  
            a national standard for understanding treatments and outcomes  
            of cardiac disease patients who receive diagnostic  
            catheterizations and/or PCI procedures. The CathPCI Registry  
            measures patient demographics, provider and facility  
            characteristics, history/risk factors, cardiac status, treated  
            lesions, intracoronary device utilization and adverse event  
            rates, appropriate use criteria for coronary  
            revascularization, and compliance with ACC/AHA Clinical  
            Guidelines recommendations, among other data elements. 

          According to NCDR, the TVT Registry is a benchmarking tool  
            developed to track patient safety and real-world outcomes  
            related to the transcatheter aortic valve replacement (TAVR)  
            procedure. Created by The Society of Thoracic Surgeons and the  
            American College of Cardiology, the TVT Registry is designed  
            to monitor the safety and efficacy of this new procedure for  
            the treatment of aortic stenosis. The TVT Registry measures  
            patient demographics, provider and facility characteristics,  
            history/risk factors, cardiac status and detailed health  
            status, well-defined indications for the procedure, pre, intra  
            and post procedure data points and adverse event rates, and  
            outcomes at 30 days and one year. 

          5.Prior legislation. SB 680 (Figueroa) required OSHPD to publish  
            risk-adjusted outcome reports for CABG surgery, required the  
            existing risk-adjusted outcome reports that OSHPD is required  




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            to publish to also report data by individual physician where  
            appropriate, and made various other changes to the provisions  
            of law required OSHPD to publish risk-adjusted outcome  
            reports.
               
          6.Support.  The California Society of Thoracic Surgeons (CSTS)  
            states in support that public reports of CABG surgery results  
            for both hospitals and individual surgeons have been produced  
            for ten years now, and that during this time, the results have  
            shown a significant decrease in mortality and complication  
            rates over this period. CSTS states that the reports can claim  
            at least some of the credit for this improvement, by  
            highlighting and thus eliminating or correcting outlier  
            providers. CSTS notes, however, that over the last decade, the  
            incidence of CABG surgery has decreased by 50 percent, while  
            the use of PCI has also decreased but is still much more  
            prevalent than CABG. According to CSTS, there are now 4 times  
            more PCI procedures than CABG surgeries being performed in  
            California, and the importance of PCI compared to CABG is  
            obvious from both a clinical quality and an economic  
            perspective.  According to CSTS, recent results show that the  
            PCI mortality rates exceed CABG rates by a significant amount  
            (2.41 percent versus 1.63 percent). While a database for PCI  
            did not exist when CABG reporting began, there is now a  
            national database known as the National Cardiovascular Data  
            Registry. CSTS states that this voluntary database is now in  
            use by more than 90 percent of hospitals, making collection of  
            PCI data feasible. Because OSHPD is only authorized to collect  
            and report detailed clinical data for CABG at this time, it  
            would need legislative authorization to expand its mission to  
            PCI.  Finally, CSTS notes that heart valve surgery has evolved  
            into a more frequent procedure with the advent of new  
            technologies, and that transcatheter valve replacement and  
            repair techniques are also emerging as viable therapy, and  
            there is a need to compare the results of these different  
            methods of treating heart valve disease.

          7.Support if amended. The California Hospital Association (CHA)  
            supports this bill if amended to clarify that OSHPD will  
            obtain the data from the national databases to which hospitals  
            are already reporting, rather than require hospitals to  
            undertake duplicative reporting to multiple places, as long as  
            the hospital gives permission for the national databases to  
            transfer the data to OSHPD.  CHA is also requesting an  
            amendment to provide CHA with appointments on the clinical  
            review panels, along with the existing appointees representing  




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            physician groups.  CHA argues that it is important that these  
            advisory panels include individuals with expertise in hospital  
            information technology, data collection, analysis and  
            interpretation.

          The California Chapter of the American College of Cardiology  
            (CA-ACC) has also taken a support if amended position, and is  
            asking for three amendments. First, CA-ACC states that it is  
            important for OSHPD to have the flexibility to add elements to  
            the outcome reports, which would help better capture the risks  
            associated with a patient's condition, and that giving OSHPD  
            the flexibility to add, change, or delete elements in the  
            outcome reports will allow them to keep pace with the changing  
            nature of the procedures. Second, CA-ACC recommends adding  
            language, which would exclude certain cases hich qualify as  
            "compassionate care" as these cases are the riskiest for  
            cardiologists with some mortality rates as high as 70 percent.  
            Finally, CA-ACC suggests revising the composition of the  
            clinical review panels to provide broader representation of  
            the groups participating in the outcome reporting.  CA-ACC has  
            suggested language that would keep the total number of  
            appointees to these panels the same at nine members, but would  
            make some changes as to which organizations are represented by  
            these members, including having one of the members be from  
            CHA.
            
          8.Should OSHPD have the ability to add or revise data elements  
            for new report? For purposes of the new PCI and transcatheter  
            valve procedure reports, this bill contains provisions  
            requiring OSHPD to collect the same data that is used for  
            specified national data registries.  The language in these  
            provisions (beginning on page 6, line 1) is modeled on  
            existing provisions of law pertaining to the collection of  
            data for the CABG report. However, some of the new language  
            does not make sense in the context of the new report. For  
            example, the first sentence requires OSHPD to collect the  
            "same data" as used in specified national databases, while the  
            second sentence permits OSHPD add data elements that are  
            included in the same specified national databases; if OSHPD is  
            already required to use all of the data elements of the  
            databases, there would never be any reason to add data  
            elements that come from the same databases.

          More significantly, with regard to the existing CABG report,  
                                                     OSHPD has a limited ability to add, delete, or revise clinical  




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            data elements, upon recommendation of the clinical review  
            panel, after considering specified factors.  This bill does  
            not contain a similar provision for the new PCI and  
            transcather valve procedure report. One of the reasons why a  
            clinical review panel might recommend adding new clinical data  
            elements is to ensure that all appropriate factors are being  
            taken into consideration when adjusting outcomes for risk.  
            While the existing data elements included in the national  
            registries may currently be adequate to publish accurate  
            risk-adjusted outcome reports, if at any point in the future  
            the clinical review panel believes additional data elements  
            are warranted that are not in the national databases, then new  
            legislation would be required.  The author may wish to  
            consider amending this bill to incorporate similar provisions  
            permitting OSHPD to revise data elements upon the  
            recommendation of a clinical review panel.

          9.Author's amendments. On page 4, beginning on line 37, and  
            continuing through line 13 of page 5, this bill deletes or  
            otherwise makes changes to the ability of OSHPD to add  
            clinical data elements to the existing CABG report (which is  
            being modified by this bill to include heart valve repair and  
            replacement surgery).  The author has indicated that this was  
            a drafting error, and is planning on offering amendments to  
            restore these lines to existing law.

          10.Technical amendments.

               a.     On page 4, lines 17-28, this bill adds a new  
                 paragraph, nearly identical to the paragraph that  
                 precedes it, to incorporate the addition of heart valve  
                 repair and replacement to the existing CABG report.   
                 Rather than add a new paragraph, the author may wish to  
                 consider simply revising the preceding paragraph (page 4,  
                 lines 7-16) to add heart valve repair and replacement  
                 surgery, and to delete a reference to the 2004  
                 commencement date, so that it would take effect with the  
                 next regularly scheduled CABG report on July 1, 2015.

               b.     Beginning on Page 6, line 2, this bill makes several  
                 references to a TAVR database.  The actual title of the  
                 NCDR database that incorporates the procedure known as  
                 transcatheter aortic valve replacement, or TAVR, is the  
                 "TVT Registry," which stands for transcatheter valve  
                 therapy. References to TAVR should be replaced with TVT.





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               c.     Beginning on page 9, line 9, this bill creates a  
                 joint subpanel of the two clinical review panels  
                 established for the existing CABG report and the new PCI  
                 and transcatheter valve procedure report. It appears the  
                 intent is to direct this new subpanel to review all heart  
                 valve repair and replacement procedures, whether done as  
                 traditional surgical procedures (thereby falling under  
                 the CABG report) or done using transcatheter  
                 interventions (which would fall under the new PCI and  
                 transcatheter procedure report).  The author may wish to  
                 consider amendments making this clearer.
                 
           SUPPORT AND OPPOSITION  :
          
          Support:  California Society of Thoracic Surgeons

          Oppose:   None received




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