BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: AB 1795 --------------------------------------------------------------- |AUTHOR: |Atkins | |---------------+-----------------------------------------------| |VERSION: |May 31, 2016 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |June 15, 2016 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Reyes Diaz | --------------------------------------------------------------- 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 AB 1795 (Atkins) Page 2 of ? (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 AB 1795 (Atkins) Page 3 of ? 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 : ----------------------------------------------------------------- |Assembly Floor: |77 - 1 | |------------------------------------+----------------------------| |Assembly Appropriations Committee: |15 - 4 | |------------------------------------+----------------------------| |Assembly Health Committee: |17 - 0 | | | | ----------------------------------------------------------------- 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 AB 1795 (Atkins) Page 4 of ? 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. AB 1795 (Atkins) Page 5 of ? 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) AB 1795 (Atkins) Page 6 of ? 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 -- AB 1795 (Atkins) Page 7 of ?