BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 959


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          959 (Chiu)


          As Amended  September 4, 2015


          Majority vote


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          |ASSEMBLY:  |69-0  |(June 1, 2015) |SENATE: | 32-5 |(September 10,   |
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          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. 









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          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:








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          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)










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          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