BILL ANALYSIS Ó AB 1795 Page 1 Date of Hearing: April 6, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1795 (Atkins) - As Amended March 28, 2016 ----------------------------------------------------------------- |Policy |Health |Vote:|17 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 1795 Page 2 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. AB 1795 Page 3 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: AB 1795 Page 4 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 AB 1795 Page 5 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. AB 1795 Page 6 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