BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  March 15, 2016 


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          AB 1823  
          (Bonilla) - As Introduced February 8, 2016


          SUBJECT:  California Cancer Clinical Trials Program.


          SUMMARY:  Requests the University of California (UC) establish  
          and designate a nonprofit public benefit corporation with the  
          authority to solicit and receive funds from business, industry,  
          foundations, and other private and public sources for the  
          purpose of administering the Cancer Clinical Trials Program (the  
          Program) to increase patient access to cancer clinical trials.   
          Specifically, this bill:  


          1)Requests that the UC establish a nonprofit public benefit  
            corporation to administer the Program, to be governed by a  
            five member board appointed by the president of the UC.   


          2)Specifies the following about the members of the board: 


             a)   Must have an interest in increasing and diversifying  
               access to eligible cancer clinical trials and the ability  
               and desire to solicit funds for the purpose of increasing  
               and diversifying access to clinical trials; and,










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             b)   Must serve without compensation, except for  
               reimbursement for any actual, necessary, and reasonable  
               expenses incurred in connection with duties as a board  
               member. 


          3)Allows the UC to participate in the Program as the program  
            administrator, a beneficiary, or both and permits the UC to  
            decline to establish or participate in the Program. 


          4)Authorizes the UC, prior to establishing the board, to pursue  
            any federal, state, or internal processes it deems necessary  
            to participate in the program. 


          5)Allows the program administrator to solicit and receive funds  
            from business, industry, foundations, research organizations,  
            government agencies, individuals, and other private and public  
            sources. 


          6)Requires that the UC be reimbursed from the fund for any money  
            allocated by the UC to establish and operate the Program. 


          7)Requires the board, upon receipt of $500,000 funding for the  
            Program, to establish the Cancer Clinical Trials Grant Program  
            (Grant Program) to increase patient access to cancer clinical  
            trials in underserved or disadvantaged communities and  
            populations, including among women and patients from racial  
            and ethnic minority communities. 





          8)Requires the board to determine the criteria to award grants,  
            and authorize grants to be awarded to either: 








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             a)   Public and private research institutions and hospitals  
               that conduct cancer clinical trials approved by the U.S.  
               Food and Drug Administration (FDA); and,
             b)   Nonprofit organizations that specialize in direct  
               patient support for improved clinical trial enrollment and  
               retention, or engage in research on health disparities.


          9)Requires grants to be used for activities to increase patient  
            access to cancer clinical trials, including, but not limited  
            to, any of the following:



             a)   Patient navigator services or programs;
             b)   Education and community outreach;


             c)   Patient-friendly technical tools to assist patients in  
               identifying available clinical trials;


             d)   Translation and interpretation services of clinical  
               trial information;


             e)   Counseling services for clinical trial participants;


             f)   Well-being services for clinical trial participants,  
               including, but not limited to, physical therapy, pain  
               management, stress management, and nutrition management;


             g)   Payment of ancillary costs for patients and caregivers,  
               including, but not limited to: airfare, lodging, rental  
               cars, fuel, local transportation via bus, train, or other  
               public transportation, meals, and child care costs only  
               during the clinical trial; and,








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             h)   Research on the effectiveness of these and other  
               measures to increase patient access to clinical trials. 





          10)Requires grantees to report to the board any reports deemed  
            necessary to ensure the appropriate use of funds.  

          11)Allows the UC to require the board to submit reports to the  
            Regents of the University of California on information  
            including, but not limited to accounting of funds collected  
            and paid, program evaluation, and program recommendations. 





          12)Authorizes the UC to terminate the Program if it determines  
            that moneys in the fund are insufficient to establish or  
            sustain the program. Specifies that all moneys in the fund  
            (after repayment of expenses) must be distributed to  
            appropriate organizations before such dissolution. 

          13)Requires that if the fund has not received $500,000 by  
            January 1, 2021, then all moneys (after repayment of startup  
            expenses) shall be returned to the donors.



          14)Makes findings and declarations and states legislative intent  
            to establish a program to enable willing patients of low to  
            moderate income to participate in cancer clinical trials in  
            order to boost participation rates, ensure these trials are  
            widely accessible, improve the development of cancer  
            therapies, and enhance innovation.








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          EXISTING LAW:  


          1)Establishes the Inclusion of Women and Minorities in Clinical  
            Research Act, which requires a grantee, defined, as any  
            qualified public, private, or nonprofit agency or individuals  
            conducting clinical research using state funds, in conducting  
            or supporting a project of clinical research to ensure that  
            women of all ages, and members of minority groups are included  
            as subjects in the clinical research projects.


          2)Requires health plans and insurers to provide coverage for all  
            routine patient care costs relative to the treatment of an  
            enrollee or insured diagnosed with cancer and accepted in an  
            FDA-approved cancer clinical trial if the enrollee's treating  
            physician, recommends participation in the clinical trial  
            after determining such participation has a meaningful  
            potential to benefit the enrollee or insured.


          FISCAL EFFECT:  This bill has not yet been analyzed by a fiscal  
          committee.


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  The author states that this bill seeks  
            to remedy the problem of low patient participation in  
            FDA-approved cancer clinical trials.  More importantly, there  
            are a disproportionately low number of patients in  
            underrepresented communities including African Americans,  
            Latinos/Hispanics, Asians and Pacific Islanders, and American  
            Indians. The author asserts this problem will be addressed by  
            creating a privately funded state grant program to help  








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            patients pay for the ancillary costs associated with  
            participation in these trials.  Some of the barriers to  
            patient participation in clinical trials include the  
            following: lack of awareness of the available clinical trials,  
            mistrust of research and the medical system, and loss of  
            income.  Clinical trials do not pay these ancillary costs  
            associated with participation in a clinical trial such as  
            transportation, hotel stays, and companion traveling expenses.  
            The costs fall onto the clinical trial participant who may be  
            unable to pay and therefore, unable to enroll in the trial.     




          2)BACKGROUND.  According to the National Cancer Institute, the  
            largest sponsor of cancer clinical trials at 3,000 sites, over  
            30,000 patients are enrolled in cancer clinical trials  
            annually.  It is estimated that only about 3-5% of the 10.1  
            million adults with cancer in the U.S. participate in cancer  
            trials, however.  A 2011 study published in the journal Annals  
            of Surgery, based on data from the California Cancer Registry,  
            found that less than one percent of cancer patients in  
            California enroll in clinical trials. 


            Black patients, those older than 65, those with early stage  
            cancer or with gastrointestinal or lung cancers were less  
            likely to enroll than average.  In 2004, the SELECT prostate  
            cancer prevention trial completed recruiting over 35,000 men  
            of whom 21% were minorities. According to a 2014 study in the  
            journal Cancer, less than 5% of trial participants are  
            non-white and less than 2% of clinical cancer research studies  
            focus on non-white ethnic or racial groups. 


            Clinical trials are a critical step in the discovery of new  
            prevention, diagnostic, and treatment methods for cancer.   
            Racial and ethnic minorities, older adults, rural residents,  
            and individuals of low socioeconomic status are  








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            underrepresented among participants in cancer-related trials.   
            Without adequate representation of these populations in  
            clinical trials, researchers cannot learn about potential  
            difference among groups and cannot ensure the generalization  
            of results.  In addition, participation in clinical trials  
            increases access to state-of-the-art cancer care, a critical  
            survival factor in many minority and underrepresent  
            populations that suffer disproportionately from cancer. 


          3)BARRIERS TO TRIAL PARTICIPATION.  The Coalition to Eliminate  
            Disparities and to Research Inclusion in Clinical Trials  
            identified a number of reasons that represent major barriers  
            to minority recruitment in clinical trials.  There are many  
            different factors that have been attributed, in part, to the  
            very low participation rate of all eligible patients in  
            clinical trials, and the disproportionately low participation  
            rate of minority populations including, but not limited to: 

             a)   Lack of awareness: A national survey of cancer patients  
               found that 85% of respondents were unaware that  
               participating in a clinical trial was a treatment option  
               for them.

             b)   Language/Linguistic differences:  Many U.S. clinical  
               trials require English proficiency for potential  
               participants, automatically excluding those who do not  
               speak the language.  Language factors also pose a serious  
               barrier to provider-patient communications and attempts to  
               recruit patients into clinical trials. 



             c)   Mistrust:  According to a review conducted by the Agency  
               for Healthcare Research and Quality, mistrust of research  
               and the medical system is a frequently reported barrier to  
               participating in clinical trials.










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             d)   Practical obstacles:  Transportation to and from a  
               trial, particularly if it is located in a distant location,  
               can be a barrier for many patients.  Individuals with low  
               incomes may find it difficult to take time off from work,  
               find childcare or manage other family responsibilities  
               while participating in a trial.



             e)   Public misconception:  Among patients that are aware of  
               clinical trials, a large percentage choose not to enroll,  
               often due to fear of getting a placebo in place of actual  
               treatment, belief that standard treatment is better than  
               what they would be offered in a clinical trial and fear of  
               being a "guinea pig."  In fact, placebos are rarely used in  
               cancer treatment trials, and never in lieu of standard  
               treatment.  



             f)   Physician lack of awareness:  Being unaware that  
               clinical trials are available is one of the most common  
               reasons physicians fail to refer patients to trials.   
               Primary care physicians do not have sufficient information  
               on available clinical trials, and often leave the  
               discussion of clinical research to the patient's  
               oncologist.  Yet, many oncologists outside of the academic  
               setting may also not be aware of trials or otherwise choose  
               not to participate in or refer their eligible patients to  
               clinical trials. 


          4)FEDERAL EFFORTS TO INCREASE WOMEN AND MINORITY PARTICIPATION.   
            The FDA Office of Women's Health (OWH) was established by  
            congressional mandate to advocate for the participation of  
            women in clinical trials and the analyses of data by sex.  OWH  
            supports studies to track the participation of women in  
            clinical trials and collaborates with FDA centers and external  








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            partners to understand sex and gender differences in disease  
            prevalence and response to therapy through science and  
            research.  The FDA Office of Minority Health is housed within  
            the Office of the Commissioner and is the principal advisor on  
            minority health and health disparities.  The office is  
            responsible for coordinating efforts throughout the FDA and  
            has focused its efforts on three key areas:  communicating and  
            disseminating agency information to vulnerable populations;  
            increasing participation of diverse health professionals in  
            FDA activities to strengthen its capacity to address health  
            disparities; and, advocating for meaningful participation of  
            minorities in clinical trials as well as the analysis of  
            subpopulation data.



            According to a 2011 report titled "Successful Strategies for  
            Engaging Women and Minorities in Clinical Trials," the  
            National Institutes of Health (NIH) funded studies have  
            specific diversity requirements, but aside from FDA  
            recommendations, there are no regulations currently in place  
            that require industry sponsors to include women and minorities  
            in their trials.  Diversity is not a natural priority for  
            industry, where decisions often are made by market  
            attractiveness and potential profit.  





          5)SUPPORT.  According to the California Immigrant Policy Center,  
            the lack of participation in clinical trials by minority  
            groups hinders the ability to develop robust treatments that  
            address the varying genetic make-up of women, men, and diverse  
            racial/ethnic groups.  The opportunity to assess and evaluate  
            those innovative treatments with the participation of women  
            and underrepresented minorities allows researchers to properly  
            evaluate the true effects of new therapies.  Health Access  
            California (HAC) states that over twenty years after Congress  








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            mandated that research funded by the NIH include minorities,  
            little progress has been made to increase participation among  
            people of color.  According to HAC, this bill addresses some  
            of the barriers to clinical trial participation by creating  
            the Program.  

          6)SUPPORT IF AMENDED.  The University of Southern California  
            states that that while it is supportive of the grant model, it  
            has concerns on the appointment structure. As currently  
            drafted, this bill would establish a governing board that  
            consists of five members, who will be appointed by the  
            President of the UC, that represent individuals performing,  
            participating in, and supporting eligible cancer clinical  
            trials in California. At a minimum, one of the five  
            individuals should be from the National Cancer Institute  
            (NCI)-designated comprehensive cancer centers.  The  
            NCI-designated centers must meet a breadth and depth of  
            expertise in basic science, translational science and  
            population science while providing direct cancer treatment to  
            its patients.



          7)PREVIOUS LEGISLATION.  


             a)   AB 1060 (Bonilla) of 2015, was similar to this bill.  It  
               was vetoed by Governor Brown, stating "[n]umerous private  
               organizations already perform this fundraising function.  
               While I support eliminating barriers to take part in  
               clinical trials, I am hesitant to place this new burden on  
               the Health and Human Services Agency (HHS) which is  
               managing a huge expansion of our health care system." 


             b)   AB 2038 (Alquist), Chapter 250, Statutes of 2000,  
               enacted the Inclusion of Women and Minorities in Clinical  
               Research Act to require any public, private or nonprofit  
               agency conducting clinical research using state funds to  








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               ensure that women, including those over 40, and minority  
               groups are included as research subjects.  Requires that  
               institutions conduct or support outreach programs for the  
               recruitment of women and members of minority groups as  
               subjects in projects of clinical research.


          8)DOUBLE REFERRAL.  This bill is double referred; upon passage  
            in this committee, this bill will be referred to the Assembly  
            Committee on Higher Education. 


          9)COMMENTS.  This bill is similar to AB 1060, which was vetoed  
            by the Governor last year due to potential burden to HHS.   
            This bill would create the program within the UC, instead of  
            within HHS.  The committee may wish to clarify whether the  
            changes in this bill address the concerns raised by the  
            Governor in his veto of AB 1060.





          10)TECHNICAL AMENDMENTS. 


             a)   On page 5, line 25 of the bill, it should be clarified  
               that grants can be awarded to nonprofit organizations that  
               "Engage in research on health disparities  and their  
               relationship to clinical trial enrollment."  


             b)   On page 6, line 30 of the bill, reference to the  
               foundation should be changed to the fund, as such: "If the  
                foundation   fund  does not receive five hundred?" 


             
          REGISTERED SUPPORT / OPPOSITION:








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          Support


          Association of Northern California Oncologists


          California Academy of PAs


          California Chronic Care Coalition


          Community Health Partnership


          Community Immigrant Policy Center


          Health Access California


          Medical Oncology Association of Southern California, Inc.




          Opposition


          None on file.













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          Analysis Prepared by:Dharia McGrew / HEALTH / (916) 319-2097