BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    AB 1795             
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          |AUTHOR:        |Atkins                                         |
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          |VERSION:       |May 31, 2016                                   |
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          |HEARING DATE:  |June 15, 2016  |               |               |
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          |CONSULTANT:    |Reyes Diaz                                     |
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           SUBJECT  :  Health care programs:  cancer

           SUMMARY  : Makes changes to the Breast and Cervical Cancer Early Detection  
          Program and the Breast and Cervical Cancer Treatment Program  
          within the Department of Health Care Services regarding  
          eligibility for screenings, period of treatment, and eligibility  
          of coverage after reoccurrence of cancer, as specified.

          Existing law:
          1)Establishes the Medi-Cal program, administered by the  
            Department of Health Care Services (DHCS), under which  
            qualified low-income individuals receive health care services.  
             

          2)Establishes the Breast and Cervical Cancer Early Detection  
            Program, administered by DHCS through the Every Woman Counts  
            (EWC) program, to provide breast and cervical cancer screening  
            services under the Centers for Disease Control and Prevention  
            (CDC) grant at the level of funding budgeted from state and  
            other resources during the fiscal year in which the  
            Legislature has appropriated funds for this purpose. 

          3)Establishes the Breast and Cervical Cancer Treatment Program  
            (BCCTP) to provide coverage for breast and cervical cancer  
            treatment and services related to cancer diagnosis. Limits the  
            treatment coverage for breast cancer to a period not to exceed  
            18 months and for cervical cancer not to exceed 24 months.  
            Deems an individual's eligibility as having concluded after  
            the respective limits for each cancer condition have been  
            reached.

          4)Requires a provider or entity that participates in the federal  
            National Breast and Cervical Cancer Early Detection Program  







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            (NBCCEDP) to provide screening services to an individual only  
            if the individual's family income has been determined not to  
            exceed 200% of the federal poverty level.
          
          This bill:
          1)Requires individuals to be eligible for breast cancer  
            screening and diagnostic services through the EWC program if  
            they meet eligibility requirements and a) are of any age and  
            "symptomatic," as defined, and b) are within the age range for  
            routine breast cancer screening, as recommended by the United  
            States Preventive Services Task Force, subject to any federal  
            action relating to breast cancer screening that overrides  
            those recommendations. Defines "symptomatic" as an individual  
            presenting with an abnormality or change in the look or feel  
            of the breast, as specified.

          2)Deletes the time limits for breast and cervical cancer  
            treatment, as specified in existing law in 3) above, and  
            instead requires treatment services to continue for the  
            duration of the period of treatment, as long as the individual  
            continues to meet all other eligibility requirements.

          3)Requires an individual to be eligible for coverage for the  
            duration of the period of treatment if diagnosed with a  
            reoccurrence of breast or cervical cancer, as long as the  
            individual continues to meet all other eligibility  
            requirements.

           FISCAL EFFECT  : 

          According to the Assembly Appropriations Committee:

          1)DHCS 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  








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                 be denied.

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

            Staff has estimated this bill could result in costs in the low  
            millions General Fund in the Fee-For-Service 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 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).

           PRIOR  
          VOTES  :  
          
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          |Assembly Floor:                     |77 - 1                      |
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          |Assembly Appropriations Committee:  |15 - 4                      |
          |------------------------------------+----------------------------|
          |Assembly Health Committee:          |17 - 0                      |
          |                                    |                            |
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          COMMENTS  :
          1)Author's statement.  According to the author, this bill will  
            help ensure that women have timely access to life-saving  
            services to detect and treat cancer early. This bill affects  
            low-income women in California who are uninsured or  
            underinsured, and it allows them to complete necessary  
            treatment for breast and cervical cancer without an arbitrary  
            deadline to cut-off that critical treatment; it requires that  
            those in remission for breast and cervical cancer who are  
            later re-diagnosed with the same cancer not be turned away for  
            treatment; and it permits those individuals who are  








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            symptomatic for breast cancer to receive necessary breast  
            cancer screening services.

          2)Background. In 1990, the CDC created the NBCCEDP through  
            Public Law 101-354.  This law authorized CDC to grant funds to  
            states to screen a reasonable number of low income, uninsured  
            women for breast and cervical cancers, provide referrals for  
            follow-up and medical treatment for women with abnormal test  
            results, develop and disseminate information for preventing  
            breast and cervical cancers, improve the training of health  
            professionals in preventing these cancers, and monitor the  
            quality of screening procedures. The mission of the EWC  
            program is to save lives by preventing and reducing the  
            devastating effects of cancer through early detection and  
            diagnostic services. EWC provides free clinical breast exams,  
            mammograms, pelvic exams, and Pap tests to California's low  
            income uninsured and underserved women. These screening  
            services facilitate early detection that may prevent untimely  
            cancer deaths. Each year, EWC provides care for approximately  
            300,000 individuals. According to information available on  
            DHCS's Web site, EWC is funded, in part, by $.01 of the $.02  
            tax on each pack of cigarettes sold in California that is  
            allocated to the Breast Cancer Fund (BCF).

            The state's BCCTP provides coverage for breast and cervical  
            cancer treatment and services related to cancer diagnosis.  
            BCCTP provides treatment coverage for approximately 9,000  
            individuals each year, through both federal and state funding.  
            Currently, the state-funded BCCTP is not aligned with the  
            federally funded BCCTP, causing gaps in service and treatment  
            for women diagnosed and treated through the state-funded  
            program. Under California's BCCTP, treatment coverage is  
            limited to 18 months for breast cancer and 24 months for  
            cervical cancer. Federal funding provides coverage for the  
            duration of treatment. State funding also does not allow  
            coverage to a woman who is re-diagnosed with the same cancer  
            at the original cancer site while the federally funded program  
            does.  

          3)Prior legislation. AB 49 (Buchannan, Chapter 351, Statutes of  
            2014), established the breast cancer awareness special  
            interest license plate program to generate funds to raise  
            awareness of early breast cancer screening. Requires the  
            proceeds from the license plate sales to be deposited in the  
            Breast Cancer Control Account to fund EWC programming.








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            SB 1348 (Cedillo of 2008), would have required DPH to provide  
            breast cancer screening services to women who are 38 years of  
            age and older and who meet other eligibility standards for  
            breast cancer screening services under existing state and  
            federal law. SB 1248 was held under submission in the Senate  
            Appropriations Committee.

            AB 478 (Friedman, Chapter 660, Statutes of 1993), established  
            a $.02 tax on each pack of cigarettes sold, with the revenue  
            deposited in the BCF and the proceeds to be divided equally  
            between the Breast Cancer Research Account and the Breast  
            Cancer Control Account.

            AB 2055 (Freidman, Chapter 661, Statutes of 1993), established  
            the Breast Cancer Control Account for purposes of breast  
            cancer research, detection services, and education. Modified  
            the allocation of tobacco tax funds so that 50% of the funds  
            are devoted to research and 50% for early detection services  
            for uninsured and underinsured women.

          4)Support. Supporters of this bill, largely health providers,  
            advocates, and numerous individuals, argue that the  
            state-funded BCCT program is not aligned with the federally  
            funded program, causing gaps in service and treatment for  
            women diagnosed and treated through the EWC program.  
            Supporters also argue that while the Affordable Care Act (ACA)  
            has expanded coverage and reduced California's rate of  
            uninsured, up to 3.4 million Californians remain uninsured,  
            and limited benefit packages, such at the EWC and BCCT  
            programs, continue to be an important resource for that  
            population. Supporters state that this bill will help ensure  
            that women have timely access to receive the necessary  
            services to detect and treatment their cancers early. 

          5)Opposition. The California Department of Finance (DOF) argues  
            that this bill creates an ongoing General Fund cost, and the  
            size of the population that will benefit from this expansion  
            is indeterminate. DOF states that with the implementation of  
            the ACA and the optional expansion of Medi-Cal, individuals  
            have greater access to preventive cancer screenings and  
            treatment.
          
           SUPPORT AND OPPOSITION  :
          Support:  Susan G. Komen (sponsor)








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                    American Cancer Society Cancer Action Network
                    American Congress of Obstetricians and Gynecologists  
                    (ACOG-IX), District IX (California)
                    American Federation of State, County and Municipal  
                    Employees
                    Association of California Healthcare Districts
                    Barbells for Boobs
                    Black Women for Wellness
                    Brown Temple Christian Methodist Episcopal Church
                    California Academy of PAs
                    California Association for Nurse Practitioners
                    CaliforniaHealth+ Advocates
                    California Health Collaborative
                    California Life Sciences Association
                    California National Organization for Women
                    California Nurses Association
                    California Radiological Society 
                    California Society of Plastic Surgeons
                    Cambodian Family Community Center
                    Cancer Support Community Benjamin Center
                    Cancer Support Community San Francisco Bay Area
                    Carrie's TOUCH
                    Central City Community Health Center
                    County Health Executives Association of California
                    Doctors for America
                    Health Access
                    Health Center Partners of Southern California
                    Hope Wellness Center
                    Johnson Chapel African Methodist Episcopal Church
                    Junior Leagues of California
                    MANA de San Diego
                    North Orange County Regional Health Foundation
                    Orange County Women's Health Project
                    Planned Parenthood Affiliates of California
                    Planned Parenthood Orange and San Bernardino Counties
                    Sacramento Community Cancer Coalition
                    Samoan National Nurses Association
                    Serve the People Community Health Center
                    Shanti
                    St. Mary Medical Center Foundation
                    Numerous Individuals

          Oppose:California Department of Finance
          
                                      -- END --








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