BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1795 (Atkins) - Health care programs:  cancer
          
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          |Version: May 31, 2016           |Policy Vote: HEALTH 9 - 0       |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Brendan McCarthy    |
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          This bill meets the criteria for referral to the Suspense File.

          Bill  
          Summary:  AB 1795 would change the eligibility requirements and  
          benefit limits for the Every Woman Counts Program and the Breast  
          and Cervical Cancer Treatment Program.


          Fiscal  
          Impact:  
           Likely one-time administrative costs of $150,000 to $300,000  
            to update regulations and make necessary changes to billing  
            systems (General Fund). The Department of Health Care Services  
            will likely need to make changes to existing program  
            regulations and systems for processing claims (for example, no  
            longer denying claims due to the length of treatment time).

           Increased program expenditures in the millions due to extended  
            eligibility for services in the Breast and Cervical Treatment  
            Program (General Fund). Under current law, treatment in this  
            program is limited to 18 months for breast cancer and 24  
            months for cervical cancer. By deleting the existing time  
            limits, the bill will allow beneficiaries to access services  
            for a longer period of time. The Department has not been able  







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            to provide information on how many women are being denied  
            coverage because they have reached the time limits on  
            coverage. Typically, clinical guidelines for breast cancer  
            indicate treatment lasts between 12 and 18 months. Assuming  
            that 10% to 25% of program participants exceed the existing  
            timelines and using existing caseloads and program costs,  
            staff estimates that annual costs will likely range between $7  
            million $17 million per year. The portion of the program that  
            has time limits being eliminated in this bill is fully funded  
            from the General Fund.

           Ongoing costs of about $200,000 per year from providing  
            eligibility for the Breast and Cervical Treatment Program for  
            reoccurring cases of cancer (General Fund). In recent years,  
            about 20 women per year were denied coverage because the  
            cancer was a reoccurrence of a previously treated cancer. 

           Potential increased costs, up to $2 million per year, to  
            increase eligibility for cancer screening services in the  
            Every Woman Counts program to symptomatic women under 40 years  
            of age (Proposition 99 funds, federal funds, General Fund).  
            Current law does not limit participation in the Every Woman  
            Counts program based on age. It is not clear whether  
            symptomatic women who are under 40 years of age are currently  
            being denied services. To the extent that they are, and this  
            bill eliminates that limitation, there would be costs to the  
            state. Based on the reported incidence of cancer in women  
            under 40 years of age, staff estimates those potential  
            additional costs being up to $2 million per year. The Every  
            Woman Counts program is currently funded with Proposition 99  
            Tobacco Tax funds and federal funds. To the extent that there  
            are additional costs and those funds are not sufficient to pay  
            for increased costs, there would be pressure to appropriate  
            General Fund for this purpose. (Because the Every Woman Counts  
            program is not an entitlement, the state would not be  
            obligated to appropriate additional funding.)


          Background:  Under current law, the Department of Health Care Services  
          operates the Every Woman Counts program to provide breast and  
          cervical cancer screening services to women who are not eligible  
          for Medi-Cal. This program is funded with federal grant funds  
          and Proposition 99 tobacco tax funds. The Every Woman Counts  
          program is not an entitlement, and services are only available  








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          to the extent that funding is appropriated in the annual Budget  
          Act. Current law does not explicitly limit coverage by  
          beneficiary age. About 300,000 women receive screening services  
          from this program each year.
          Under current law, the Department also operates the Breast and  
          Cervical Cancer Treatment Program. This program provides  
          treatment for breast and cervical cancers to women who do not  
          have other health care coverage or who have private health care  
          coverage, but the treatments are unaffordable under that  
          coverage (e.g. due to high costs-sharing). There are two parts  
          of the Program. The federal government provides funding to the  
          state to provide full-scope Medi-Cal services (at an enhanced  
          matching rate of 65%) for women who are not otherwise eligible  
          for Medi-Cal. In addition, the state operates a state-only  
          version of the program for women who are not eligible for  
          federal funds (generally undocumented women or those with other  
          health care coverage with high out-of-pocket costs). The  
          state-only program includes limitations on coverage. Under  
          current law, beneficiaries are only eligible for state-only  
          coverage for 18 months for breast cancer treatment or 24 months  
          for cervical cancer treatment. Although current law is not  
          explicit, state policy has been to deny coverage for  
          reoccurrences of cancer when an individual has exceeded the time  
          limits. The state-only Program is funded from the General Fund.  
          In total the Breast and Cervical Cancer Treatment Program  
          provides services to about 9,000 women per year.




          Proposed Law:  
            AB 1795 would change the eligibility requirements and benefit  
          limits for the Every Woman Counts Program and the Breast and  
          Cervical Cancer Treatment Program.
          Specific provisions of the bill would:
           Specify that eligibility for screening under the Every Woman  
            Counts program includes individuala of any age who are  
            symptomatic or individuals within the age range for routine  
            breast cancer screening as recommended by the United States  
            Preventative Services Task Force, subject to any federal  
            action overriding those recommendations;
           Delete the existing specific periods of coverage in the Breast  
            and Cervical Cancer Treatment Program and instead require  
            services to be covered for the duration of the period of  








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            treatment;
           Allow eligibility for treatment for a reoccurrence of breast  
            cancer or cervical cancer.


          Staff  
          Comments:  Cost estimates provided by the Department of Health  
          Care Services are significantly higher than the staff estimates  
          above. The Department's fiscal estimates imply that 50% of  
          participants in the program are being denied coverage because  
          they have reached the statutory time limits. However, the  
          Department has not been able to provide claims data or other  
          information to document this assumption. Given that the clinical  
          guidelines for breast cancer generally indicate a period of  
          treatment between 12 months and 18 months, it is not clear why  
          this program would have such a high percentage of participants  
          requiring treatment beyond the existing time limits.


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