BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1823| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: AB 1823 Page 2 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, AB 1823 Page 3 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, AB 1823 Page 4 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 AB 1823 Page 5 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, AB 1823 Page 6 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 AB 1823 Page 7 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 AB 1823 Page 8 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, AB 1823 Page 9 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 **** END ****