BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1795


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          Date of Hearing:  April 6, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1795 (Atkins) - As Amended March 28, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill makes several changes to the state's breast and  
          cervical cancer screening and treatment programs.  Specifically,  
          this bill:


          1)Requires DHCS to provide breast cancer screening and  
            diagnostic services (through the Every Woman Counts program)  
            to any individual that meet existing eligibility requirements  
            and are either a) symptomatic, as defined; or b) 40 years of  







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            age or older.  


          2)Deletes existing limits on the period of coverage for  
            treatment of breast cancer (18 months) and cervical cancer (24  
            months) and instead requires coverage for both cancers to  
            remain for the duration of treatment, as long as the  
            individual continues to meet all other eligibility  
            requirements for the Breast and Cervical Cancer Treatment  
            Program (BCCTP).  


          3)Allows an individual to be eligible for cancer treatment if  
            diagnosed with a reoccurrence of breast cancer or cervical  
            cancer for either new cancer sites or the same cancer site, as  
            long as the individual continues to meet all other eligibility  
            requirements.  


          FISCAL EFFECT:


          1)The Department of Health Care Services has not provided a  
            fiscal estimate for this bill. These provisions of the bill  
            will result in costs for cancer treatment funded by state-only  
            dollars: 


               a)     Allowing an individual to remain on the program  
                 longer by deleting the 18- and 24-month limits on the  
                 period of coverage will result in additional months of  
                 eligibility.  


               b)     Specifying an individual is eligible for cancer  
                 treatment for additional cancers at the same cancer site.  
                  This will allow beneficiaries to be eligible for  
                 additional treatment services where they would otherwise  
                 be denied.








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               c)     Allowing screening for symptomatic women under 40  
                 would allow more women to gain eligibility for breast  
                 cancer treatment through the BCCTP. 


            Staff has estimated this bill could result in costs in the low  
            millions GF in the FFS program for cancer treatment by  
            allowing additional months and courses of treatment for women  
            who would otherwise not be eligible. For example, if an  
            additional 1,000 months of treatment are provided at an  
            average cost of $1,270 per month, costs would be $1.3 million.  
            Precise costs are difficult to predict based on limited  
            available data and unknown enrollment take-up.


          2)Unclear, potential minor fiscal impact to Every Woman Counts  
            program (EWC) associated with the provision requiring  
            screening for symptomatic women under 40. If specifying in  
            statute that screening symptomatic women under 40 expands the  
            number of women seeking care, staff estimates additional cost  
            pressure is approximately $100,000 (likely Proposition 99 or  
            Breast Cancer Control funds). 


            The potential minor cost pressure to EWC is unclear because  
            the Department has provided contradictory information about  
            whether the current program covers services to women under 40.  
             Eligibility criteria are not enumerated in statute.  EWC  
            services are not an entitlement, and provision of services is  
            limited in statute to the level of resources provided.  Even  
            so, the state budget has tended to provided enough resources  
            to meet demand, suggesting expanding eligibility to women  
            under 40 in statute would increase state costs even though  
            it's not technically an entitlement-assuming the state does  
            not currently provide services to this age group. 


          COMMENTS:








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          1)Background: State screening and treatment programs.  The state  
            operates both screening and treatment programs for breast and  
            cervical cancer, for those who are low-income and do not have  
            access to affordable coverage.  The demand for such  
            disease-specific state health programs has decreased due to  
            the wider availability of affordable, comprehensive health  
            care coverage, but these small programs still play an  
            important role in reducing cancer mortality. 


                 Screening: Most low-income women who do not qualify for  
               Medi-Cal or have high out- of-pocket costs can receive free  
               screening through public health programs designed to reduce  
               cancer mortality.  Specifically, individuals can receive  
               cervical cancer screening through the Family Planning,  
               Access, Care and Treatment (FamilyPACT) program, and breast  
               cancer screening through EWC.  This bill changes  
               eligibility criteria for EWC. EWC relies on several  
               different funding streams, including, in 2015-16, federal  
               grant funding ($4.5 million), Proposition 99 ($25 million),  
               and Breast Cancer Control Account funds ($8 million).  The  
               General Fund also has historically contributed to fund EWC  
               services, although given reduced demand for services due to  
               lower rates of uninsured women, the Governor's January 2016  
               budget projects little to no GF cost in 2015-16 and  
               2016-17.         


                 Treatment: The Breast and Cervical Cancer Treatment  
               Program (BCCTP) operates as two separate programs that run  
               side-by-side: a state-federal Medi-Cal eligibility program  
               and state-only cancer treatment program. 


                  o         State-Federal: The state receives enhanced  
                    federal matching for BCCTP at the CHIP matching rate  
                    of 65% for individuals eligible under federal  
                    guidelines.  Such individuals receive full-scope  
                    Medi-Cal coverage, and this comprises the majority of  







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                    BCCTP beneficiaries.  Eligibility runs for the  
                    duration of treatment and there is no restriction on  
                    treating a recurrence of the same cancer site.  


                  o         State-Only: Individuals not eligible for the  
                    federal program-for example, low-income women who have  
                    insurance but have high out-of-pocket costs-can  
                    receive cancer treatment services only through the  
                    state-only program funded exclusively by state GF  
                    dollars.  In contrast to the federal program,  
                    eligibility is limited to 18 or 24 months for breast  
                    and cervical cancer, respectively, and a recurrence of  
                    cancer at the same site is ineligible for treatment.   
                    This bill addresses these limitations specific to the  
                    state-only program.


          1)Guidelines for Routine Breast Cancer Screening. This bill  
            would specify in statute screening must be available for all  
            women over 40 who meet other eligibility criteria.  This  
            age-related eligibility standard has not previously been  
            codified.  Although it used to be the norm, routine screening  
            starting at age 40 is now somewhat controversial.  There are  
            many organizations that produce recommendations and guidelines  
            for mammography screening, including various physicians  
            groups, cancer non-profits, and the U.S. Preventative Services  
            Task Force (USPSTF), which is an independent, volunteer panel  
            of national experts in prevention and evidence-based medicine.  
             These groups have disagreed in recent years about the age at  
            which women should begin routine screening, as well as the  
            frequency of screening (every year, or every other year).  The  
            USPSTF recommends routine screening every two years starting  
            at age 50, while other groups recommend routine screening  
            earlier and with greater frequency.    Coverage-what plans or  
            programs will pay for- is often based on clinical guidelines.   
            Currently, EWC allows women age 40 and over to enroll in the  
            program and reimburses for annual mammograms.  According to  
            the USPSTF, these mammograms can do more harm than good for  
            women of average risk under age 50.   







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          2)Staff Comments.  Eligibility guidelines for EWC mustn't  
            necessarily equate to clinical guidelines- they only specify  
            what EWC will pay.  And DHCS currently uses 40 years of age as  
            an eligibility benchmark.  However, affirmatively codifying  
            eligibility for age 40 and above for a state breast cancer  
            screening program does suggest the state believes age 40 is  
            the clinically appropriate age to begin screening, in spite of  
            considerable disagreement about the net benefit of such  
            screening for most women before age 50.  Given such  
            disagreement, it is worth considering whether codifying age 40  
            is appropriate, or if there is a different way to ensure  
            limited state dollars are used for effective services that  
            truly benefit women, particularly since statute does not  
            always change as clinical guidelines evolve.  For example, the  
            author may wish to consider requiring a periodic reexamination  
            of an age-based standard based on the latest medical evidence,  
            or directing the department to ensure EWC providers are  
            recommending mammograms for women under 50 consistent with  
            specified guidelines.  This would guard against the state  
            paying in perpetuity for services that may be of uncertain  
            value.    


          Analysis Prepared by:Lisa Murawski / APPR. / (916)  
          319-2081