BILL ANALYSIS Ó
AB 1726
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Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON HEALTH
Jim Wood, Chair
AB 1726
(Bonta) - As Amended March 1, 2016
SUBJECT: Data collection.
SUMMARY: Requires specified entities, when collecting
demographic data on ancestry or ethnic origin, to disaggregate
those data for specified Native Hawaiian (NH) and Asian and
Pacific Islander (API) groups. Specifically, this bill:
1)Requires the following entities, on or after July 1, 2017,
when collecting demographic data on ancestry or ethnic origin
to collect and tabulate data for additional major Asian groups
and additional major NH and other API, as specified:
a) The Department of Public Health and the Department of
Health Care Services for a report that includes the type
and amount of health care coverage, the rates for major
diseases, leading causes death per demographic,
subcategories of leading causes of death in California
overall, pregnancy rates, or housing numbers; and,
b) The Board of Governors of the California Community
Colleges (CCC), the Trustees of the California State
University (CSU), or the Regents of the University of
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California (UC), whenever the entity collects demographic
data as to the ancestry or ethnic origin of students for a
report that includes student admission, enrollment,
completion, or graduation rates. Requires these entities
to comply with the federal Family Educational Rights and
Privacy Act, as specified.
2)Exempts demographic data of graduate or professional schools
of UC, and applies the requirements of this bill to the UC
only if the Regents of the UC, by resolution, make it
applicable.
EXISTING LAW:
1)Requires state agencies, boards, and commissions that directly
or by contract collect demographic data as to the ancestry or
ethnic origin of Californians to use separate collection
categories and tabulations for each major API group,
including, but not limited to, Chinese, Japanese, Filipino,
Korean, Vietnamese, Asian Indian, Laotian, Cambodian,
Hawaiian, Guamanian, and Samoan.
2)Requires the Department of Industrial Relations (DIR) and the
Department of Fair Employment and Housing (DFEH) to collect
and tabulate data for additional major Asian groups.
FISCAL EFFECT: This bill has not yet been analyzed by a fiscal
committee.
COMMENTS:
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1)PURPOSE OF THIS BILL. The author states many of the
communities within the API population face similar challenges
in California, such as language barriers and immigration;
however, they differ on many issues. The author asserts this
is most evident with respect to education and public health,
where the outcomes of some of the largest NH and API groups
within the aggregate population raise the average outcome of
the greater NH and API population as a whole. The author
points to data from a 2013 report done by the Asian American
Center for Advancing Justice, which demonstrates that 14% of
Asian Americans are uninsured; disaggregated data shows that
Korean, Tongan, and Thai have uninsured rates higher than 22%
whereas only 8% to 10% of Japanese and Asian Indian
populations are uninsured. The author contends that the lack
of disaggregated data for the NH and API community within the
public health sector is limiting the state's ability to
provide the best health care to this population. The author
concludes that this bill will enable the state and public to
identify trends that are typically unseen through aggregate
data, and ensure that the state is adequately meeting the
health needs of its residents.
2)BACKGROUND.
a) Aggregate vs. disaggregated data. Data aggregation is
any process in which information is gathered and expressed
in a collective or summary form, for purposes such as
statistical analysis. A common aggregation purpose is to
get more information about particular groups based on
specific variables such as age, profession, or income where
the data are aggregated to preserve the confidentiality of
individuals. Disaggregated data are data that have been
extrapolated from aggregated data and divided and broken
down into smaller information units. Disaggregating data
is another critical step to gaining increased knowledge
from collective or aggregated information. Fully
disaggregating data helps to expose hidden trends, and can
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enable the identification of vulnerable populations.
b) Need for disaggregated data. According to the 2010 U.S.
Census, there are currently over 4.8 million Californians
of Asian descent. NH and API subgroups represent over 50
ethnic backgrounds and speak over 100 different languages,
thus language and cultural barriers pose health care
problems for many individuals within these subgroups. A
2010 study by the Asian and Pacific Islander American
Health Forum demonstrated that different NH and API
subgroups have varying health care problems. Data from the
report revealed NH and Filipino adults have some of the
highest rates of obesity and diabetes in the state, whereas
Korean adults suffer from the highest rates of serious
psychological stress in the state. The report also showed
Tongans and Koreans have some of the highest uninsured
rates in the state.
c) Data collection at CCC, CSU and UC. According to the
Assembly Higher Education Committee analysis of this bill,
the CCC collects information on 11 different API
communities on its application CCC Apply. It is unclear
how the data is reported or if it is published for public
access. As of 2009, the CSU application was modified to
provide applicants with over 50 different API categories
from which to self-identify. Additionally, the existing
practices of the UC on data collection exceed what is
required in this measure.
d) Joint Informational Hearing. On March 11, 2015, the
California Senate and Assembly Committees on Health held a
joint information hearing to examine health disparities in
California. Testimony provided by the Southeast Asia
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Resource Action Center illustrated how the lack of
disaggregated data masks disparities within the API
community. For example, 24% of Hmong and Cambodian
Americans have diabetes, but there are no data regarding
the number of Hmong and Cambodian Americans that are served
by California's Heart Disease and Prevention Unit. Among
recommendations was disaggregating data for DHCS. The
Committees also heard that the federal Office of Minority
Health has issued guidelines for the collection of more
granular and disaggregated categories for race and
ethnicity, and accordingly, California should take
administrative steps to standardize demographic data
categories for race and ethnicity in order to reduce health
disparities.
3)SUPPORT. The California Pan-Ethnic Health Network states that
data disaggregation within the API American communities is
imperative for uncovering the social, economic, and
educational disparities inherent not only but in all ethnic
populations. The California Young Democrats Asian and Pacific
Islander Caucus state that API's are the fastest growing and
most ethnically diverse population in California, and as such
it is important that policymakers fully understand the
disparities that exist within this populations so that no API
ethnic community is overlooked. SEIU California states that
disaggregation of API demographic data will illuminate
important health care disparities and higher education
achievement gap that policymakers will need to address in
future years.
4)OPPOSITION. Opponents such as the Dublin Chinese Association,
No Tower in Schools and the Silicon Valley Chinese Association
indicate that the stratified data to be collected by
government agencies and state universities may easily be
manipulated to advance race-based public policies that are
unlawful.
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5)PREVIOUS LEGISLATION.
a) AB 176 (Bonta) of 2015 was substantially similar to this
bill and would have required the same entities under this
bill, in addition to, the Department of Managed Health Care
(DMHC) to collect and tabulate specified demographic data.
AB 176 was vetoed by Governor Brown who indicated:
"To be sure, there is value in understanding data on race,
ethnicity, gender and other aspects of identity. On a
broad level, these demographic data can signal important
changes in society. On a practical level, they can help
elucidate how our laws and programs can be shaped to
reflect a changing population.
Despite this utility, I am wary of the ever growing desire to
stratify. Dividing people into ethnic or other
subcategories may yield more information, but not
necessarily greater wisdom about what actions should
follow. To focus just on ethnic identity may not be
enough.
CSU, community colleges, and UC already provide many ways in
which to self-identify, including choosing among several
ethnic identities. In the case of CSU, there are 50
choices for API applicants alone. Codifying the collection
and reporting of at least 12 API groups several years into
the future appears unnecessary, or at least premature."
b) AB 1088 (Eng), Chapter 689, Statutes of 2011, requires
DIR and DFEH to collect and tabulate data for additional
major Asian groups.
c) AB 1737 (Eng) of 2010, would have required certain state
agencies to use additional separate collection categories
and tabulations for major NH and API groups. AB 1737 was
held on the suspense file of the Assembly Appropriations
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Committee.
d) AB 295 (Lieu) of 2007 would have required various state
entities to report collected demographic data according to
each major API group and make that data available to the
public to the extent that disclosure did not violate
confidentiality. AB 295 was vetoed by the Governor.
e) AB 2420 (Lieu) of 2006 would have expanded from 11 to 23
the ancestry or ethnic origin collection categories
required to be collected by any state agency, board,
commission, CCCs, or the CSU. Also, would have required
the above entities to collect, tabulate, report, and make
available to the public any data collected on the groups.
AB 2420 was held on the Senate Appropriations Committee
Suspense File.
6)DOUBLE REFERRAL. This bill is double referred; it was heard
in the Assembly Higher Education Committee on March 15, 2016
and passed out on a vote of 10-2.
7)POLICY COMMENT. With the exception of the DMHC, this bill is
substantially similar to the provisions of AB 176 which was
vetoed by the Governor last year. The Committee may wish to
inquire from the author how he plans to address the Governor's
veto message.
REGISTERED SUPPORT / OPPOSITION:
Support
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Asian & Pacific Islander American Health Forum (cosponsor)
Empowering Pacific Islander Communities (cosponsor)
Southeast Asia Resource Action Center (cosponsor)
Abriendo Puertas/Opening Doors
Alliance for Boys and Men of Color
American Cancer Society Cancer Action Network
American Civil Liberties Union
Asian Pacific American Labor Alliance - Alameda Chapter
Asian American Cancer Support Network
Asian Americans Advancing Justice - California
Asian Americans for Community Involvement
Asian Law Alliance
Asian Pacific American Labor Alliance - Sacramento Chapter
Asian Pacific Islander Obesity Prevention Alliance
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Asian Pacific Partners for Empowerment, Advocacy and Leadership
Asian Pacific Policy & Planning Council
Banteay Srei
Brightline
California Asian Pacific Islander Budget Partnership
California Immigrant Policy Center
California Pan-Ethnic Health Network
California Young Democrats Asian and Pacific Islander Caucus
Campaign for College Opportunity
Canal Alliance
Chinatown Public Health Center
Chinese for Affirmative Action
Community Health Partnership
East Bay Asian Youth Center
Fresno Interdenominational Refugee Ministries
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Global Refugee Awareness Healing Center
Graduate Academic Achievement and Advocacy Program
Health House Within a MATCH Coalition
Hmong Innovating Politics
Inland Empire - Immigrant Youth Coalition
Khmer Girls in Action
Khmer Parent Association
Korean Churches for Community Development
Korean Resource Center
Leadership Education for Asian Pacifics, Inc.
Lu-Mien Community Services
Multicultural Council of America
National Asian Pacific American Women's Forum
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National Association of Social Workers - California Chapter
National Council of Asian Pacific Americans
National Pacific Islander Education Network
Native Hawaiian and Pacific Islander Alliance
OCA - Asian Pacific Advocates
OCA - Greater Los Angeles
OCA - San Mateo
OCA - Silicon Valley
OCA- San Francisco Bay
OCA-East Bay
PALS for Health
PolicyLink
Refugee & Immigration Ministries - Christian Church (Disciples
of Christ) in the U.S. and Canada
SEIU California
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Services, Immigrant Rights, and Education Network
Services, Immigrant Rights, and Education Network
Southeast Asian Assistance Center
Stone Soup Fresno
The Cambodian Family Community Center
TOFA, Inc.
United Cambodian Community
Urban Stratagies Council
Vietnamese Youth Development Center
Opposition
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Dublin Chinese Association
No Tower in Schools
San Diego Asian Americans for Equality
San Ramon Chinese Association
Silicon Valley Chinese Association
Small Hand Big Hand
Two individuals
Analysis Prepared by:Rosielyn Pulmano / HEALTH / (916) 319-2097