BILL ANALYSIS Ó
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