BILL ANALYSIS Ó AB 959 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 959 (Chiu) As Amended September 4, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |69-0 |(June 1, 2015) |SENATE: | 32-5 |(September 10, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: A. & A.R. SUMMARY: Requires the Department of Health Care Services (DHCS), the Department of Public Health (DPH), the Department of Social Services (DSS), and the Department of Aging (CDA) to collect voluntary self-identification information on sexual orientation and gender identity, beginning no later than July 1, 2018, when collecting demographic data. The Senate amendments: 1)Require state departments use information voluntarily provided about sexual orientation and gender identity only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. AB 959 Page 2 2)Add a provision ensuring the data collection duties and reporting requirements are consistent with federal law. 3)Require the identified state departments come into compliance with these provisions as early as possible. 4)Change the compliance date from July 1, 2017, to no later than July 1, 2018. 5)Add provisions allowing departments to protect the identity of individuals within small data sets by aggregating data as specified. 6)Provide an exemption for those departments and agencies that receive demographic data from third-party entities where the department or agency is not the sole funder. 7)Add legislative intent language urging state departments to collect voluntary self-identified information pertaining to sexual orientation and gender identity in circumstances where an entity not covered by this act does not already collect this information. EXISTING LAW requires a state agency, board, or commission that directly, or by contract, collects demographic data as to the ancestry or ethnic origin of Californians, to use separate collection categories and tabulations for each major Asian group and each major Pacific Islander group. This data is required to be made available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential (Government Code Section 8310.5) FISCAL EFFECT: According to the Senate Appropriations Committee: AB 959 Page 3 1)DHCS: This department indicates costs to update paper and online versions of the single streamline application (SSApp) would not be significant because the department is currently working with the federal government regarding the placement of sexual orientation and gender identity information on the SSApp. Programming costs to add new fields into California Healthcare Eligibility, Enrollment, and Retention System would be approximately $170,000 (General Fund, federal funds, and/or special funds). 2)DPH: DPH administers two programs that would be impacted by this bill. a) Under its Center for Health Statistics and Information (CHSI), DPH estimates one-time costs of approximately $165,000 (General Fund) to make programming changes to Birth and Death Registration systems. Ongoing costs for CHSI-related activities would be minor and absorbable. b) Under its Genetic Disease Screening Program (GDSP), DPH estimates one-time programming costs of approximately $160,000 (General Fund) to update the Screening Information System. There would also be ongoing costs of approximately $105,000 (General Fund) related to printing an enlarged form, but only some of these ongoing costs can be attributed to this bill. 3)DSS: Unknown costs to DSS. The department was unable to provide information for purposes of this analysis. Staff estimates that there could be significant one-time costs to the extent that county welfare department information technology systems would need programming changes to provide for the collection of sexual orientation and gender identity information. (General Fund) AB 959 Page 4 4)CDA: The CDA indicates minor and absorbable costs to implement this bill. CDA contracts with vendors for administering data systems require the vendors to make changes to the systems to meet federal and state requirements, at no additional cost to the state. Analysis Prepared by: William Herms / A. & A.R. / (916) 319-3600 FN: 0002241