BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1823|
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                                   THIRD READING 


          Bill No:  AB 1823
          Author:   Bonilla (D), et al.
          Amended:  8/2/16 in Senate
          Vote:     21 

           SENATE HEALTH COMMITTEE:  9-0, 6/22/16
           AYES:  Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen,  
            Pan, Roth, Wolk

           SENATE EDUCATION COMMITTEE:  9-0, 6/29/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,  
            Vidak

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/11/16
           AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  80-0, 6/1/16 - See last page for vote

           SUBJECT:   California Cancer Clinical Trials Program


          SOURCE:    Lazarex Cancer Foundation
          
          DIGEST:  This bill requests the University of California (UC) to  
          create a Board of Trustees of the California Cancer Clinical  
          Trials Program, as specified, which would provide grants to  
          increase patient access to eligible cancer clinical trials in  
          underserved or disadvantaged communities, as specified. Allows  
          the UC to decline to establish or participate in, and to  
          terminate, the program, as specified.
          
          ANALYSIS:  









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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 and members of minority groups, as specified, are  
            included as subjects in 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 (trial) if the enrollee's  
            treating physician recommends participation in the trial,  
            after determining such participation has a meaningful  
            potential to benefit the enrollee or insured.
          
          This bill:

          1)Requests the UC to establish or designate an institute or  
            office within the UC to administer the California Cancer  
            Clinical Trials Program (CCTP) and to establish a Board of  
            Trustees of the CCTP (Board) that:

             a)   Consists of at least five members (who serve without  
               compensation, with exception) appointed by the president of  
               the UC to represent institutions and individuals  
               performing, participating in, and supporting eligible  
               trials in California;
             b)   Has varying backgrounds to promote the purposes of the  
               CCTP, including the ability and desire to solicit funds for  
               the purpose of increasing and diversifying access to  
               eligible trials; 
             c)   Is qualified through the experience, expertise, and  
               diversity of its members in the design, implementation, and  
               support of trials, and through studying and addressing  
               socioeconomic, ethnic or racial, regional, and other  
               barriers to participation, and interventions to remove  
               those barriers; 
             d)   Makes efforts to include representatives of a range of  
               public and private research institutions, health care  
               providers, health care foundations, and patient advocacy  
               organizations; and,







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             e)   Has 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.

          2)Requires a program administrator to establish the CCTP, upon  
            the program administrator's receipt of at least $500,000 in  
            funding, to increase patient access to trials in underserved  
            or disadvantaged communities and populations, including women  
            and patients from racial and ethnic minority communities and  
            socioeconomically disadvantaged communities.

          3)Requires the Board to determine the criteria to award and  
            administer grants, and allows the Board to award grants to any  
            or all of the following:

             a)   public and private research institutions and hospitals  
               that conduct eligible trials; and 
             b)   nonprofit organizations that are exempt from taxation,  
               as specified, and that either specialize in direct patient  
               support for improved trial enrollment and retention, or  
               engage in research on health disparities and their  
               relationship to trial enrollment.

          4)Requires grants to be used for activities to increase patient  
            access to trials, including, but not limited to:

             a)   Patient navigator services or programs;
             b)   Education and community outreach;
             c)   Patient-friendly technical tools to assist patients in  
               identifying available trials;
             d)   Counseling services for trial participants;
             e)   Well-being services for participants, as specified; 
             f)   Payment of ancillary costs for patients and caregivers  
               incurred during and related to participation to include,  
               but not limited to, airfare, lodging, car rentals, meals,  
               and dependent child care; and,
             g)   Research on the effectiveness of these and other  
               measures to increase patient access to trials.

          5)Requires a program administrator to require grantees to submit  
            any reports it deems necessary to ensure the appropriate use  
            of funds. Allows the UC to require the Board to submit reports  
            pertaining to CCTP and Board activities to the UC Regents,  







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            including, but not limited to, accounting of funds collected  
            and expended, an evaluation of the CCTP, and recommendations  
            regarding the CCTP.

          6)Encourages the Board, when determining grant recipients, to  
            grant special consideration to public and nonprofit applicants  
            that provide patient services related to trials that address  
            health disparities or to applicants that possess two or more  
            years' experience in the improvement of enrollment, retention,  
            or participation in trial participation with an emphasis on  
            underserved populations.

          7)Requests the UC to publicize to National Cancer  
            Institute-Designated Cancer Centers, community organizations,  
            hospitals, hospital associations, industry, health care  
            foundations, and government agencies the opportunity to submit  
            nominations for Board membership to the president of the UC.  
            Requests the UC to publicize the availability of grants made  
            available through the CCTP to the entities specified in 3)  
            above. 

          8)Allows the UC to participate in the CCTP as the administrator,  
            a beneficiary, or both, and allows the UC to pursue any  
            federal, state, or internal approvals, authorizations, or  
            advice it deems necessary to the UC's participation. Allows  
            the UC to decline to establish or participate in, and to  
            terminate, the CCTP, as specified.

          9)Allows a program administrator to directly or through a  
            UC-affiliated foundation solicit funds from business,  
            industry, foundations, research organizations, federal  
            government agencies, individuals, and other private sources  
            for the purpose of administering the CCTP and awarding grants  
            to increase patient access to trials, consistent with  
            guidelines developed by the Board.



          Comments
          
          1)Author's statement.  According to the author, this bill will  
            help remedy the problem of low participation, especially for  
            underrepresented communities, in trials by creating a grant  
            program administered by the UC aimed at breaking down barriers  







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            to trial participation. The opportunity to assess and evaluate  
            innovative treatments with participation from women and  
            underrepresented individuals allows researchers to properly  
            test the effects of medication resulting in the opportunity to  
            develop robust treatments that meet the varying genetic  
            make-up of women and men of diverse racial/ethnic groups.  
            Unfortunately, there is currently no support for patients who  
            want to access trials. The clinicaltrials.gov Web site is  
            inadequate and not user friendly. Patients have found  
            difficulty in navigating the Web site and are unable to find  
            an appropriate trial that is suited for them and their disease  
            state. Some of the barriers to patient participation in trials  
            include the following: lack of awareness of the available  
            trials, mistrust of research and the medical system, loss of  
            income, transportation, and lodging costs. This bill will  
            create the CCTP, which will grant money to nonprofits and  
            research institutes focused on breaking down the barriers to  
            trial participation.
            
          2)Clinical trails. According to the National Cancer Institute,  
            the largest sponsor of cancer clinical trials at 3,000 sites,  
            over 30,000 patients are enrolled in trials annually. It is  
            estimated that only about 3-5% of the 10.1 million adults with  
            cancer in the U.S. participate in 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 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.
             
            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  
            representation of these populations in trials, researchers  
            cannot learn about potential difference among groups and  
            cannot ensure the generalization of results.  In addition,  







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            participation in 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.

          3)Issues with trial participation. According to a document  
            published by the Society for Women's Health Research and  
            United States Food and Drug Administration (FDA) Office of  
            Women's Health, "Dialogues on Diversifying Clinical Trials,"  
            the most important diseases that disproportionately affect  
            ethnic minorities include type 2 diabetes, cardiovascular  
            disease, stroke, infectious diseases (HIV/AIDS, STDs), and  
            different types of cancer (colon, prostate, cervix, and lung).  
            Many racial health disparities stem from lack of access to  
            quality health care and proper health awareness. Unfortunately  
            this means that incidence of disease does not always match  
            trial populations. For example, African Americans represent  
            12% of the U.S. population but only 5% of trial participants.  
            Hispanics make up 16% of the population but only 1% of trial  
            participants. Sex distribution in cardiovascular device trials  
            is 67% male. According to the American Cancer Society Cancer  
            Action Network, only approximately 3% of adults diagnosed with  
            cancer participate in trials, and the participation rate is  
            lower for people who are racial and ethnic minorities,  
            elderly, low-income, and live in rural areas.

            The Coalition to Eliminate Disparities and to Research  
            Inclusion in Clinical Trials identified minority lack of  
            disease education as a major barrier to recruitment. Other  
            significant barriers to diversify enrollment, as reported by  
            investigators and coordinators, are insurance status, patient  
            inconvenience costs, availability of transportation, distance  
            to the study site, and patient and family concerns about risk.  
            However, race, age, and sex have been shown to play more  
            significant roles in trial participation compared to proximity  
            to trial location.

          Prior Legislation

          AB 1060 (Bonilla of 2015), was similar to this bill. AB 1060 was  
          vetoed by Governor Brown who stated that numerous private  
          organizations already perform this fundraising function, and  
          while he supports eliminating barriers to take part in trials,  
          he was hesitant to place this new burden on the Health and Human  







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          Services Agency (HHS) which is managing a huge expansion of our  
          health care system. 

          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 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.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee:

          1)Start-up: Unknown one-time General Fund cost pressure for the  
            UC to provide oversight and administration of the CCTP related  
            to initial start-up activities.   These costs are required to  
            be reimbursed by moneys donated to the fund (federal or  
            private funds) prior to awarding grants, thereby offsetting  
            the use of state funds. This bill also provides that if the UC  
            determines at any time that the moneys in the fund are  
            insufficient to establish or sustain the CCTP, it may be  
            terminated.  

          2)Unknown federal or private funds to administer the CCTP and  
            award grants. In order to have a viable Program and offer  
            services as described in this bill, UC indicates that funding  
            would likely need to be in the millions. The scope of the  
            CCTP, including the number of grantees, grant amounts, and  
            administrative support to operate the CCTP, would depend upon  
            future donations.


          SUPPORT:   (Verified8/12/16)


          Lazarex Cancer Foundation (source)
          Association of California Healthcare Districts
          Association of Northern California Oncologists







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          Business & Professional Women of Nevada County
          California Academy of PAs
          California Chronic Care Coalition
          California Immigrant Policy Center
          California Pharmacists Association
          City of Hope National Medical Center
          Community Health Partnership
          Health Access California
          Medical Oncology Association of Southern California
          Pharmaceutical Researchers and Manufacturers of America
          Susan G. Komen California Collaborative
          University of California
          University of Southern California


          OPPOSITION:   (Verified8/12/16)


          None received
               
          ARGUMENTS IN SUPPORT:  Supporters argue that currently only 3%  
          of eligible cancer patients participate in trials, and of those  
          patients only 5% are from underrepresented communities,  
          including African Americans, Latinos/Hispanics, Asians and  
          Pacific Islanders, and American Indians. Supporters state that  
          this bill allows researchers to properly evaluate the effects of  
          new therapies and develop more robust treatments designed to  
          meet the varying genetic make-up of women, men, and diverse  
          racial/ethnic groups. Supporters further state that funds from  
          the grants will help cover expenses stemming from trial  
          participation, patient navigation, education and community  
          outreach, and implementing patient-friendly tools to assist them  
          in identifying available trials.
          

          ASSEMBLY FLOOR:  80-0, 6/1/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  







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            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

          Prepared by:Reyes Diaz / HEALTH / (916) 651-4111
          8/15/16 19:47:25


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