BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1823


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          Date of Hearing:  April 19, 2016


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          AB 1823  
          (Bonilla) - As Amended April 12, 2016


          [Note: This bill was heard by the Assembly Health Committee on  
          March 15, 2016, and approved by a vote of 17-0.] 


          SUBJECT:  California Cancer Clinical Trials Program


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


          1)Finds and declares all of the following:


             a)   According to the 2016 report of the Public Policy  
               Institute of California entitled California's Future:  
               Health Care, significant health disparities exist among  
               socioeconomic, racial, ethnic, and regional groups in  
               California. African Americans and persons with a high  
               school education or less have significantly lower life  
               expectancies than other groups of people, and individuals  
               in some regions of the state or in particular communities  








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               face other significant health obstacles.


             b)   The ability to translate medical findings from research  
               to practice relies largely on having robust patient  
               participation and a diverse participation pool. A low  
               participation rate or a homogenous participant group  
               prevents segments of the population from benefiting from  
               advances achieved through clinical research and creates  
               uncertainties over the applicability of research findings.  
               Diverse patient participation in a clinical trial depends,  
               in part, on whether a participant can afford ancillary  
               costs like transportation, child care, or lodging during  
               the course of his or her participation. A national study in  
               2015 found that patient households making less than $50,000  
               annually were almost 30 percent less likely to participate  
               in clinical trials. This disparity threatens one of the  
               most basic ethical underpinnings of clinical research, the  
               requirement that the benefits of research be made available  
               equitably among all eligible individuals.


             c)   California is home to the following 10 National Cancer  
               Institute-Designated Cancer Centers that perform cancer  
               clinical trials research:  University of California,  
               Irvine, Chao Family Comprehensive Cancer Center; City of  
               Hope Comprehensive Cancer Center; University of California,  
               Los Angeles, Jonsson Comprehensive Cancer Center; Salk  
               Institute Cancer Center; Sanford Burnham Prebys Medical  
               Discovery Institute; Stanford Cancer Institute; University  
               of California, Davis, Comprehensive Cancer Center;  
               University of California, San Diego, Moores Cancer Center;  
               University of California, San Francisco, Helen Diller  
               Family Comprehensive Cancer Center; University of Southern  
               California, Norris Comprehensive Cancer Center.


             d)   Cancer is the cause of almost one in four deaths in  
               California. It is the second leading cause of death for  








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               Californians and the primary cause of death among  
               Californian Asian/Pacific Islanders. A Californian will be  
               diagnosed with cancer approximately every four minutes, and  
               every ten minutes a Californian will die of cancer. African  
               American Californians in particular face disproportionally  
               higher rates of cancer incidence and mortality compared to  
               other races and ethnicities.


             e)   Addressing barriers faced by medically underserved and  
               underrepresented individuals in cancer and other clinical  
               trials and improving access to survivorship resources and  
               services through partnerships with hospitals, regional and  
               community cancer centers, and nonprofit organizations are  
               some of the strategies recommended by the California  
               Dialogue on Cancer, established in 2002 by California's  
               Comprehensive Cancer Control Program to reduce the burden  
               of cancer in California.


             f)   According to the National Cancer Institute Cancer  
               Clinical Trials Resource Guide, some of the barriers  
               preventing individuals with cancer or at high risk of  
               developing cancer from participating in clinical trials are  
               direct and indirect financial and personal costs, including  
               travel and child care expenses.


             g)   It is the finding of the Legislature that some  
               corporations, individuals, public and private foundations,  
               and other stakeholders are hesitant to contribute to, or  
               accept funds from, programs that are organized to alleviate  
               financial burdens, and that there are disincentives faced  
               by patients who wish to participate in clinical trials and  
               their caregivers.


             h)   It is the intent of the Legislature to enact legislation  
               that would establish a program to authorize business,  








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               industry, public and private foundations, individuals, and  
               other stakeholders to donate to the program described in  
               this act, as well as to other nonprofit corporations and  
               public charities that specialize in the enrollment,  
               retention, and increased participation of patients in  
               cancer clinical trials.


             i)   It is the intent of the Legislature to enact legislation  
               that would establish a program to better enable donors  
               willing to assist clinical research participants from  
               communities that have documented low levels of access to  
               health services or participation in clinical trials, face  
               financial barriers to participation in clinical trials, or  
               have been identified as priorities for health services, to  
               participate in clinical trials by supporting ancillary  
               costs to boost participation rates among the research  
               participant populations, ensure these trials are widely  
               accessible, improve the development of therapies, and  
               enhance innovation.


          2)Requests UC to do all of the following:


             a)   Establish or designate an institute or office within the  
               university to administer the program.


             b)   Establish the board to consist of at least five members,  
               appointed by the UC president to represent institutions and  
               individuals performing, participating in, and supporting  
               eligible cancer clinical trials in California.  Requires  
               the members of the board to have, among other requirements,  
               varying backgrounds to promote the purpose of the Program.


          3)Provides that, prior to establishing the board, UC may pursue  
            any federal, state, or international approvals, authorizations  








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            or advice necessary for participation in the Program.   
            Provides that the board may use no more than 20% of funds for  
            administrative costs of the Program.


          4)Provides that the board may solicit and receive funds from  
            public and private sources and that money expended by UC to  
            establish and operate the Program shall be reimbursed from  
            donated moneys.  Provides that UC may terminate the Program if  
            it is determined unviable.


          5)Provides that upon receipt of at least $500,000 the board  
            shall establish the Program to provide grants to any or all of  
            the following:


             a)   Public and private research institutions and hospitals  
               that conduct eligible cancer clinical trials.


             b)   Nonprofit organizations that specialize in direct  
               patient support for improved clinical trial enrollment and  
               retention or engage in research on health disparities and  
               their relationship to clinical trial enrollment.


          6)Provides that grants awarded shall be used for activities to  
            increase patient access to eligible 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  








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               identifying available clinical trials;


             d)   Counseling services for clinical trial participants;


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


             f)   Provide payments for patients and caregivers may include  
               costs related to participation in the trial, including  
               airfare, lodging, meals, transportation, etc; and,


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


          7)Provides that when determining program grant recipients the  
            board is encouraged to grant special consideration to public  
            or nonprofit applicants that provide patient services related  
            to cancer clinical trials that address health disparities or  
            that possess two or more years' experience in the improvement  
            of enrollment, retention, or participation in cancer clinical  
            trial participation with an emphasis on underserved  
            populations.


          8)Provides that the board shall require grantees to submit any  
            reports it deems necessary to ensure the appropriate use of  
            funds consistent with the purposes of this part and the terms  
            of any grant awards.


          9)Provides that UC may require the board to submit reports, as  
            specified, pertaining to the board's activities to the UC  
            Regents.








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          10)Provides that if UC determines at any time that the moneys in  
            the fund are insufficient to establish or sustain the program,  
            UC may terminate the program; all moneys in the fund remaining  
            after expenses are paid shall, prior to dissolution, be  
            allocated to one or more grant organizations.  


          11)Provides that if the fund does not receive $500,000 or more  
            by January 1, 2021, or, if at any time, the board determines  
            that the 20% limit on administrative costs is inadequate to  
            support the cost of administering the Program, moneys  
            remaining after the repayment shall be returned to the donors  
            on a pro rata basis.


          EXISTING LAW:  Establishes UC as a public trust and confers the  
          full powers of the UC upon the UC Regents.  The Constitution  
          establishes that the UC is subject to legislative control only  
          to the degree necessary to ensure the security of its funds and  
          compliance with the terms of its endowments.  Judicial decisions  
          have held that there are three additional areas in which there  
          may be limited legislative intrusion into university operations:  
          authority over the appropriation of state moneys; exercise of  
          the general police power to provide for the public health,  
          safety and welfare; and, legislation on matters of general  
          statewide concern not involving internal university affairs.   
          (Constitution of California, Article IX, Section 9)

          FISCAL EFFECT:  Unknown.
          


          COMMENTS:  Purpose of this bill. According to the author, 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,  








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          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 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.    
          Background.  According to the Assembly Health Committee  
          analysis, the National Cancer Institute notes 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 underrepresented  
          among participants in cancer-related trials.  Without adequate  








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          representation of these populations in clinical trials,  
          researchers cannot learn about potential differences 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 underrepresented populations that suffer  
          disproportionately from cancer. 


          Committee staff notes that, according to information provided by  
          UC, clinical trials conducted by UC generally have higher  
          participation than the national average from underrepresented  
          minority populations.  Figures can range in the 13%-16%  
          participation rate. 


          Previous legislation.  AB 1060 (Bonilla) of 2015, was similar to  
          this bill.  It was vetoed by Governor Brown, citing, in part,  
          "numerous 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 which is managing a huge  
          expansion of our health care system.  This bill responds to the  
          Governor's veto message by moving administrative responsibility  
          from HHS to the UC." 



          Requested amendments.  The University of Southern California  
          (USC) has expressed concerns on the appointments structure for  
          the Program board.  Specifically, USC notes the USC Norris  
          Comprehensive Cancer Center focuses on testing new therapies for  
          cancer, optimizing existing treatments, discovering prevention  
          methods and developing ways to improve quality of life.  USC  
          notes the center is one of the nation's 41 comprehensive cancer  
          centers.  According to USC, the board appointment structure  
          should be amended to provide more qualifiers to ensure those  
          with sufficient expertise in cancer treatment serve on the  
          board.   








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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Association of California Healthcare Districts


          Association of Northern California Oncologists


          California Academy of PA's


          California Chronic Care Coalition


          California Immigrant Policy Center 


          City of Hope


          Health Access California


          Lazarex Cancer Foundation


          Pharmaceutical Researchers and Manufacturers of America 


          Susan G. Komen California Collaborative










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          University of California




          Opposition


          None on File




          Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960