BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2174


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          Date of Hearing:  April 19, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          AB 2174  
          (Jones) - As Amended March 18, 2016


          SUBJECT:  Ken Maddy California Cancer Registry.


          SUMMARY:  Requires the Department of Public Health (DPH), prior  
          to researchers contacting a cancer patient pursuant to the Ken  
          Maddy California Cancer Registry (CCR), to ensure that the  
          person contacted has received specified notice regarding the CCR  
          including, among other things, that DPH is authorized to release  
          confidential patient information to health researchers.  
          Specifically, this bill:  


          1)Requires DPH, prior to any researcher contacting a person  
            whose name appears on the CCR, for any purpose, to ensure that  
            the person to be contacted has received notice of the  
            following information:


             a)   A description of the cancer registry;


             b)   An explanation of how DPH obtains all records that would  
               identify cases of cancer and the type of information  
               collected by DPH;










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             c)   The purpose for which the information obtained by DPH is  
               collected and intended to be used;


             d)   The authority of DPH to release confidential patient  
               information to any person with a valid scientific interest,  
               other states' cancer registries, federal cancer control  
               agencies, local health officers, or health researchers;


             e)   The discretion of a patient to refuse to participate in  
               any research study and to request that his or her contact  
               information be withheld; and,


             f)   The benefits of participating in cancer research,  
               including, but not limited to, the opportunity to  
               contribute to the discovery of improved treatments and  
               survival rates for cancer patients.


          2)Requires all notifications to the patient required pursuant to  
            this section to be distributed in a cost-effective manner,  
            including, but not limited to, by email.


          3)Requires all notifications to patients to be provided at no  
            cost to the person receiving them.


          4)Requires DPH to adopt any necessary regulations to implement  
            this measure.


          EXISTING LAW:  


          1)Requires DPH to conduct a program of epidemiological  
            assessments of the incidence of cancer in all areas of the  








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            state for which data is available, including the monitoring of  
            cancers associated with suspected carcinogens.

          2)Allows DPH to enter into contracts to conduct the program and  
            requires the director to analyze available data, prepare  
            reports, and perform studies to identify cancer hazards to the  
            public health and their remedies.

          3)Requires DPH to establish a statewide system for the  
            collection of information determining the incidence of cancer,  
            using population-based cancer registries and to create a  
            statewide cancer reporting system.  Allows DPH to establish  
            regional cancer registries and to designate cancer as a  
            disease required to be reported in the state.

          4)Requires any hospital or other facility treating cancer  
            patients to report each case of cancer to DPH in a format  
            prescribed by DPH.

          5)Requires specified health care providers diagnosing or  
            providing treatment for cancer patients to report all cancers  
            to DPH or an authorized representative, with specified  
            exemptions, and allows DPH access to those records. 

          6)Requires all physicians, hospitals, outpatient clinics,  
            nursing homes and all other facilities, individuals, or  
            agencies providing diagnostic or treatment services to cancer  
            patients to give DPH access to all records that identify cases  
            of cancer, would establish characteristics of the cancer,  
            treatment of the cancer, or medical status of any identified  
            cancer patient.  Provides that willful failure to do so is  
            punishable by a fine of up to $500 each day access is refused.

          7)Requires all information collected for purposes of the CCR to  
            be kept confidential.

          8)Permits DPH and any regional cancer registry designated by DPH  
            to use the information to determine the sources of malignant  
            cancer and evaluate measures designed to eliminate, alleviate,  








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            or ameliorate its effect.

          9)Allows DPH to grant access to the information to persons with  
            a valid scientific interest who are engaged in demographic,  
            epidemiological, or other similar studies related to health,  
            who meet certain qualifications and who agree, in writing, to  
            maintain confidentiality.

          10)Allows DPH to furnish confidential information to other  
            states' cancer registries, federal cancer control agencies,  
            local health officers, or health researchers for the purpose  
            of determining the sources of cancer and evaluating measures  
            designed to ameliorate its effect, provided the requesting  
            entity agrees, in writing, to maintain the confidentiality of  
            the information.

          11)Requires out of state researchers to obtain the approval of  
            their committee for the protection of human subjects and  
            provide documentation to DPH that they have established  
            procedures to maintain the confidentiality of the information.

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


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, a person  
            diagnosed with cancer frequently undergoes rigorous treatment,  
            and much information is being shared between doctors and  
            patients during treatment.  Although the information collected  
            is generally required to be kept confidential, patients are  
            oftentimes unaware that their personal identifying information  
            (including name, birthdate, social security number, and  
            address) and medical information has been given to the CCR  
            without their permission, or that they have the choice to  
            opt-out.  Many patients therefore feel confused and shocked  
            when they are contacted by a complete stranger, who obviously  








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            knows of their cancer diagnosis, about participating in cancer  
            research.  The author states that in order to ensure the  
            patients are fully informed of their rights and of the  
            important work the CCR performs, this measure requires DPH to  
            ensure that patients are provided with important information  
            to prior to any researcher contacting the patient.



          2)BACKGROUND.  In response to public concerns over the need to  
            determine the causes and cures for cancer, the California  
            legislature passed legislation in 1985 to mandate the  
            reporting of all diagnosed or treated cancers (excluding basal  
            and squamous cell carcinomas of the skin) and all deaths due  
            to cancer.  The CCR was fully implemented and statewide cancer  
            reporting began with cases diagnosed as of January 1, 1988.   
            Hospitals and other cancer reporting facilities report cancer  
            data from their medical records.  Physicians and other health  
            care providers report information about cancer patients who  
            are not referred to a facility. This information is required  
            to be reported within six months after the patient is admitted  
            to the facility or care commenced for the patient. Cancer  
            reporting facilities and health care providers are required to  
            employ a mechanism to ensure that their cancer patients are  
            informed that cancer is a designated reportable disease and  
            that the facility will report each patient with cancer to the  
            DPH Chronic Disease Surveillance and Research Branch.
            


            CCR staff ensures all information is accurate before data  
            aggregation occurs.  Once quality control activities are  
            performed and the data are complete, they are integrated into  
            a statewide data set. Under the current procedures, the CCR  
            requires approximately eighteen months after the close of a  
            calendar year to collect, verify and consolidate data to  
            produce analysis files. These files include greater than 95%  
            of cancer cases for a given year.









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            A 2014 CCR Procedures and Policies handbook published by DPH  
            directs researchers conducting projects that use CCR data and  
            involve patient contact to be sensitive to the physical and  
            emotional difficulties patients may be experiencing. The  
            handbook states that although some patients initially may be  
            disturbed to learn that their cancer diagnosis is known to  
            individuals other than their own care-takers, most patients  
            welcome the opportunity for their data to be used for research  
            on cancer.





            In addition to the statutory requirements for accessing  
            information and confidentiality, researchers requesting  
            disclosure of CCR data for studies that involve patient  
            contact must comply with the following requirements:





             a)   In order to ensure that multiple researchers do not  
               contact cancer patients within a short time of each other,  
               especially during the first year after diagnosis while  
               undergoing therapy, researchers should request the Patient  
               Contact Availability Form from each of the regional  
               registries in whose territory each patient to be contacted  
               resides, and researchers must ensure that the patient is  
               not included in any currently funded studies. The CCR can  
               only limit multiple patient contacts by researchers using  
               CCR data.  Patients may also have been contacted by  
               researchers who received contact information from another  
               source.








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             b)   No patient contact is allowed for six weeks after  
               diagnosis to give the appropriate attending physician time  
               to inform the patient of their diagnosis and possible  
               treatment.



             c)   The first contact with a patient must be in writing.  
               Specifically, the investigator must send a contact letter  
               to the patient that explains how the patient's name was  
               obtained and why the CCR was created. A CCR brochure  
               entitled "Cancer Research in California" must also be  
               included.



             d)   During the patient recruitment phase of a study, any  
               problems that arise with individual patients, for example  
               hostile refusals, must be reported to DPH or the regional  
               registry. Any patient who does not wish to be contacted  
               again by any researcher must be reported to DPH or regional  
               registry promptly in writing, which will be recorded in the  
               regional and statewide databases with a Do Not Contact  
               flag.



             e)   The researcher must notify DPH or the regional registry  
               liaison of any errors or omissions in the CCR data and any  
               more current information.



            As noted above, the first contact with a patient must be in  
            writing and include a copy of the CCR brochure, Cancer  
            Research in California.  The CCR brochure includes a  
            description of the cancer registry, an explanation of how DPH  
            obtains patient records, the purpose for which the information  








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            obtained by DPH is collected and intended to be used, the  
            authority of DPH to release patient information, the  
            discretion of a patient to refuse to participate in any  
            research study and the benefits of participating in cancer  
            research.





          3)OPPOSE.  The American Cancer Society Cancer Action Network  
            (ACS CAN) states that while the intent of this bill is  
            laudable, it is not necessary. California already requires  
            that patients be notified that their information is being  
            reported to the CCR, and they do have the opportunity to opt  
            out of Registry research. ACS CAN argues that this bill is not  
            an effective solution for the concern about current  
            notification practices and that while the bill requires DPH to  
            ensure the patient has been contacted and informed of their  
            rights,  it does not specify how the information about the  
            notification is to be obtained.
               


          4)RELATED LEGISLATION.  AB 2325 (Bonilla) would require, on or  
            after January 1, 2019, a pathologist diagnosing cancer to  
            report cancer diagnoses to DPH in a format prescribed by DPH  
            and establishes a pilot project to enable DPH and authorized  
            users to conduct electronic specific data element searches of  
            the information collected by the CCR. This bill is pending in  
            the Assembly Health Committee


          5)PREVIOUS LEGISLATION.  













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             a)   AB 1638 (Jones) of 2014 would have required DPH to  
               inform all patients diagnosed with, or being treated for  
               cancer that their case has been reported to the CCR within  
               six months of their case being reported.  



             b)   AB 1329 (Davis), Chapter 642, Statutes of 2011, requires  
               DPH to establish a process to receive applications for, and  
               award a grant to, an agency to operate the statewide CCR.



             c)   AB 48 (Cedillo), Chapter 368, Statutes of 2000, renames  
               the California Cancer Registry to the Ken Maddy California  
               Cancer Registry, after the late state Senator Kenneth  
               Maddy, former Minority Leader of the State Senate.  



             d)   AB 136 (Connelly), Chapter 841, Statutes of 1985,  
               established the California Cancer Registry. 



          6)COMMITTEE COMMENTS.  Current CCR policy requires that the  
            first contact with a patient must be in writing and include a  
            copy of the CCR brochure, Cancer Research in California.  The  
            CCR brochure includes most of the pieces of information  
            required by this bill, and as such this bill may be  
            duplicating activities already required by CCR policies.



          REGISTERED SUPPORT / OPPOSITION:












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          Support


          None on file.




          Opposition


          American Cancer Society Cancer Action Network




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