BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1795


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          (Without Reference to File)





          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1795 (Atkins)


          As Amended  August 24, 2016


          Majority vote


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          |ASSEMBLY:  |77-1  |(June 2, 2016) |SENATE: |35-0  |(August 17,      |
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          Original Committee Reference:  HEALTH


          SUMMARY:  Changes provisions of the Every Woman Counts program  
          (EWC) and the Breast and Cervical Cancer Treatment program  
          (BCCTP) within the Department of Health Care Services (DHCS)  
          regarding eligibility for screenings, period of treatment, and  
          eligibility of coverage after reoccurrence of cancer.   
          Specifically, this bill: 


          1)Requires DHCS to provide breast cancer screening and  
            diagnostic services to individuals that meet existing  
            eligibility requirements and are either symptomatic, as  
            defined, or whose age is within the range for routine breast  








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            cancer screening, as recommended by the United States  
            Preventative Services Task Force (USPSTF), subject to federal  
            action relating to breast cancer screening that overrides  
            those recommendations. 


          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. 


          3)Requires that a patient be eligible for an additional period  
            of treatment coverage if diagnosed with a reoccurrence of  
            breast cancer or cervical cancer for both new cancer sites or  
            the same cancer site, as long as the individual continues to  
            meet all other eligibility requirements. 


          The Senate amendments 


          1)Restore the definition of period of coverage to current law.


          2)Delete provisions requiring the period of coverage for breast  
            and cervical cancers to remain for the duration of treatment,  
            as long as the individual continues to meet all other  
            eligibility requirements and restore existing limits on the  
            period of coverage for treatment of breast cancer to 18 months  
            of treatment and cervical cancer to 24 months of treatment.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)Likely one-time administrative costs of $150,000 to $300,000  
            to update regulations and make necessary changes to billing  
            systems (General Fund).  DHCS will likely need to make changes  








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            to existing program regulations and systems for processing  
            claims (for example, no longer denying claims due to the  
            length of treatment time).


          2)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. 


          3)Potential increased costs, up to $2 million per year, to  
            increase eligibility for cancer screening services in the EWC  
            program to symptomatic women less than 40 years of age  
            (Proposition 99 funds, federal funds, General Fund).  Current  
            law does not limit participation in the EWC 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 less than 40 years of  
            age, staff estimates those potential additional costs being up  
            to $2 million per year.  The EWC 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 EWC program is not an entitlement, the state  
            would not be obligated to appropriate additional funding.)


          COMMENTS:  According to the author, this bill is needed to  
          ensure that women have timely access to receive the necessary  
          services to detect and treat their cancers early.  The author  
          asserts that changes are needed to allow low-income women in  
          California who are uninsured or underinsured to receive complete  
          treatment for breast and cervical cancer, provide that she is  
          not turned away if she is later diagnosed with the same cancer,  
          and allow women under age 40 who are symptomatic for breast  
          cancer to receive necessary screening services. 









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          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.  EWC is funded, in part, by  
          $.01 of the tax on each pack of cigarettes sold in California.


          The BCCTP provides cancer treatment and services for eligible  
          low-income California residents who are screened by the EWC or  
          Family Planning, Access, Care and Treatment program and found to  
          be in need of treatment for breast and/or cervical cancer.   
          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 the state  
          BCCTP, treatment coverage is limited to 18 months for breast  
          cancer and 24 months for cervical cancer, while federal funding  
          has no time limit and remains in effect for the duration of  
          treatment.  State-funding for BCCTP 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. 


          As of January 2016, the USPSTF recommends, with a B grade,  
          biennial screening mammography for women aged 50 to 74 years.   
          USPSTF also recommends, with a C grade, that the decision to  
          start screening mammography in women prior to age 50 years  
          should be an individual one.  Women who place a higher value on  
          the potential benefit than the potential harms may choose to  
          begin biennial screening between the ages of 40 and 49 years.


          According to Susan G. Komen California Affiliates, sponsor of  
          the bill, changes in the EWC and BCCTP specified in this bill  








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          will ensure that women have timely access to necessary services  
          to detect and treat their cancers early.  Health Access states  
          that despite expansion of Medi-Cal under the Patient Protection  
          and Affordable Care Act and subsidized health coverage through  
          Covered California, many low income Californians remain  
          uninsured and under-insured; limited benefit programs such as  
          BCCTP and EWC continue to be an important resource for them.  


          There is no known opposition to this bill.


          Analysis Prepared by:                                             
                          Paula Villescaz / HEALTH / (916) 319-2097  FN:  
          0004889 0003276