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--- SB 830 | Page 2 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 SB 830 | Page 3 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 SB 830 | Page 4 (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 SB 830 | Page 5 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, SB 830 | Page 6 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 SB 830 | Page 7 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 SB 830 | Page 8 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 SB 830 | Page 9 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 SB 830 | Page 10 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. SB 830 | Page 11 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 -- END --