BILL ANALYSIS Ó AB 2424 Page 1 Date of Hearing: April 19, 2016 ASSEMBLY COMMITTEE ON HEALTH Jim Wood, Chair AB 2424 (Gomez) - As Amended April 6, 2016 SUBJECT: Community-based Health Improvement and Innovation Fund. SUMMARY: Creates a Community-based Health Improvement and Innovation (CHII) Fund for certain purposes, including funding for health inequity and disparities in the rates and outcomes of priority chronic health conditions. Specifically, this bill: 1)Creates in the State Treasury the CHII Fund that consists of any revenues deposited therein, including any fine or penalty revenue allocated to the fund, any revenue from appropriations specifically designated to be credited to the CHII Fund, any funds from public or private gifts, grants, or donations, any interest earned on that revenue, and any funds provided by any other source. States that a target level of annual statewide investment from the fund is to be established as a set dollar amount per capita. 2)Requires CHII Fund to be available, upon appropriation by the Legislature, for any of the following purposes: AB 2424 Page 2 a) Reducing health inequity and disparities in the rates and outcomes of priority chronic health conditions; b) Preventing the onset of priority chronic health conditions using community-based strategies in communities statewide and with particular focus on health equity priority populations; c) Strengthening local and regional collaborations between local public health jurisdictions and health care providers, and across government agencies and community partners to create healthier communities, as specified; d) Contributing to a stronger evidence base of effective community-based prevention strategies for priority chronic health conditions; and, e) Evaluating effectiveness and cost-effectiveness of innovative community-based prevention strategies for priority chronic health conditions, as specified. 3)Requires the CHII Fund to be used to address social, environmental, and behavioral determinants of chronic disease and injury at any phase of life cycle, including, but not limited to all of the following: a) Promotion of healthy diets and food environments; b) Promotion of physical activity and of a safe, physical activity-promoting environment; and, AB 2424 Page 3 c) Prevention of unintentional and intentional injury. 4)Emphasizes policy, systems, and environmental changes approaches, although the CHII Fund can support implementation of community-based programs and prohibits the CHII Fund to be used for clinical services. 5)Requires deposited revenues that are not expended at the end of a fiscal year to remain in the CHII Fund and not revert to the General Fund. 6)Requires the Department of Public Health (DPH) to allocate an amount not greater than 20% of the annual appropriation from the CHII Fund for any of the following activities: a) Mandatory activities: i) Statewide media and communication campaigns: 9% of funds; ii) Evaluation of program activities: At least 5% of funds; iii) Other activities: No more than 6% of those funds, including; (1) Mandatory activities like the overall program implementation and oversight; review and approval of local health improvement plans; and granting of and monitoring the implementation of local health jurisdictions and competitive grant awards; and, AB 2424 Page 4 (2) Discretionary activities as may be appropriate to support community-based prevention of priority chronic health conditions, as specified, including but not limited to any of the following: (a) Research, development, dissemination of best practices, as specified; (b) Development of infrastructure, as specified; (c) Coordination of local efforts; and, (d) Development and promotion of statewide initiatives. b) Requires DPH to award at least 80 percent of the CHII Fund made available in the annual appropriation to eligible applicants to be used consistent with the purposes identified in the CHII Fund and provides for distribution and award according to the following criteria: i) At least 50% of those funds awarded to local health jurisdictions and allocated on a formula basis to local health jurisdictions, or their nonprofit designee, with approved applications for three-year funding cycles; and, ii) Each local health jurisdiction will submit an application for a three-year funding cycle, reviewed and approved by DPH, which includes all of the following: AB 2424 Page 5 (1) Detailed, assessment of community health needs, as specified; (2) Health improvement and evaluation plan, as specified; (3) Level of local funds, including in-kind resources, for community-based prevention activities, as specified; and, (4) Documentation of the existence and activities of a community health partnership, as specified. iii) Each local health jurisdiction with an approved application shall receive a base award of $250,000 for a three-year funding cycle. The balance of funds will be awarded to local health jurisdictions proportional to the number of residents living below the federal poverty level; iv) Health improvement and evaluation plans will emphasize sustainable policy, systems, and environmental change approaches to creating healthier communities; v) Local health jurisdictions may submit combined regional applications; vi) No single recipient will receive more than 30 percent of the funding allocated to local health AB 2424 Page 6 jurisdictions on a formula basis; vii) Recipients will maintain the level of local funds, including in-kind resources, for community-based prevention activities that were provided in the most recent completed fiscal year prior to July 2016. CHII Funds will supplement and not supplant existing funding for community-based prevention activities, as specified; and, viii) Local health jurisdiction investments will prioritize communities in the third and fourth quartiles of the California Health Disadvantage Index (CHDI) or other criteria of health equity priority populations as subsequently adopted by DPH. c) Requires DPH to allocate at least 30% for competitive grants as follows: i) To be awarded to local or regional level entities or statewide nonprofit organizations; ii) Local or regional level entities include community-based organizations or local public agencies, in partnership with other entities, as specified; iii) Each participating health care plan or hospital will identify monetary, in-kind, or both, contributions to projects; iv) Local or regional projects will prioritize investments that serve communities in the third or fourth AB 2424 Page 7 quartiles of the CHDI or other criteria, as specified; v) At least 10% of the funds awarded will be used for statewide nonprofit organizations; and, vi) Organizations receiving competitive grants will coordinate efforts with any local health jurisdictions where they are carrying out activities. d) Provides that competitive grants will identify projects as either evidence-based or an innovative project. Requires at least 10% of the funding to be set aside for innovative projects, as specified, and applications for innovative projects to include a rationale for the defined approach and any evidence that suggests effectiveness, as well as a plan and resource allocation for the evaluation. Provides that competitive grants may be used by organization for policy systems or environmental change efforts, direct program delivery, or for technical assistance to other grantees. 7)Creates an advisory committee, with members serving no more than four years, to provide expert input and offer guidance to DPH on the development, implementation, and evaluation of the CHII Fund and will include, at a minimum, experts on priority chronic health conditions, effective nonclinical prevention strategies for chronic disease prevention, and the unique needs of health equity priority populations. Requires representatives from the State Department of Health Care Services, the Health in All Policies Task Force, the California Health and Human Services Agency, the California Conference of Local Health Officers, and the California Public Employees' Retirement System. AB 2424 Page 8 8)Requires DPH to develop a robust evaluation framework for all activities and states that DPH may define state priorities as specified, and may narrow the list of priority chronic health conditions if necessary to ensure an effective program. 9)Requires the advisory committee to produce a comprehensive master plan for advancing chronic disease and injury prevention through the state, based on the results of programs and any other proven methodologies available to the advisory committee. Provides that the master plan include recommendations of implementation strategies, as specified; specific goals for reduction of the burden of preventable chronic conditions and injuries by 2030; administrative arrangements; funding priorities; integration and coordination of approaches by DPH, the University of California, the Health in All Policies Task Force, and their support systems; and, progress reports relating to each health equity priority population. Requires the advisory committee to submit the master plan to the Legislature triennially. 10)Defines various terms including health equity priority population and priority chronic health conditions. 11)Finds and declares the importance of treating chronic diseases and identifies the health inequities in this State. EXISTING LAW establishes DPH, within the California Health and Human Services Agency, vested with certain duties, powers, functions, jurisdiction, and responsibilities over specified public health programs. FISCAL EFFECT: This bill has yet to be analyzed by a fiscal committee. AB 2424 Page 9 COMMENTS: 1)PURPOSE OF THIS BILL. The author states that with this bill and with proper management, innovative investment strategies, and equitable distribution and implementation plans, the CHII Fund would help the State achieve greater health equity and advance the "Triple Aim" of health improvement: a) better care; b) better health; and, c) lower costs. According to the author, a $10 per capita investment over 3 years (for prevention of disease which accounts for 80% of health care costs) is actually fairly modest for a statewide program with these goals. For comparison, Massachusetts has invested a $60 million one-time in a similar fund, which is similar in scale based on their population. The state spends over $450 per capita from the General Fund just on Medi-Cal every year-- and much more when accounting for California Public Employees' Retirement System employees and retirees, as well as correctional health. According to the author, DPH received a grant from the Centers for Disease Control (CDC) and Prevention for $3.8 million to promote healthy behaviors and reduce diabetes. DPH's Nutrition Education and Obesity Prevention Branch (NEOPB), which addresses California's obesity epidemic by focusing on healthy behavior changes in at-risk, low-income communities, has major restrictions on the use of funds, and will face a 30% reduction in federal funds by 2018. Funding from Proposition 99 for tobacco control and First 5 California has also declined due to successful tobacco control efforts. 2)BACKGROUND. As part of the Patient Protection and Affordable Care Act (ACA) of 2010, the Prevention and Public Health Investment Fund (Prevention Fund) was created to provide communities around the country with more than $15 billion over the next 10 years to invest in effective, proven prevention efforts, like childhood obesity and tobacco cessation. The AB 2424 Page 10 Prevention Fund, in recent years, has suffered legislative reduction and elimination of major programs. In 2012, the Assembly and Senate Committees on Health conducted a joint hearing with the goal of highlighting the health benefits and cost savings associated with investing in community-wide health promotion and disease prevention. The hearing was also meant to highlight new developments with federal funding for health prevention that California received as a result of the ACA, as well as new findings about voter options on prevention. The hearing also highlighted prevention activities currently underway at the time across the state to implement successful strategies aimed at reducing health care costs and promoting health and wellness. In 2014, the Assembly Committee on Health held an Information Hearing, entitled Supporting Public Health in California: The Critical Rose of the State and Local Departments in Disease Surveillance and Control. The background included information of the following: a) Department of Public Health. The mission of DPH is to optimize the health and well-being of Californians, primarily through population-based programs, strategies, and initiatives. DPH is broadly organized into Center for Chronic Disease Prevention and Health Promotion (CCDP&HP), Center for Environmental Health, Center for Family Health, Center for Health Care Quality, and Center for Infectious Diseases (CID). CCDP&HP is DPH's lead on climate change and on Health in All Policies. The State of California created the Health in All Policies Task Force in 2010. The Task Force was charged with identifying priority programs, policies, and strategies to improve the health of Californians while advancing the goals of improving air and water quality, protecting natural resources and agricultural lands, increasing the availability of affordable housing, improving infrastructure systems, promoting public health, planning sustainable communities, and meeting climate change goals. CID protects AB 2424 Page 11 Californians from the threat of preventable infectious disease and assists individuals suffering from infectious disease by securing prompt and appropriate access to health care, medications, and associated support services. CID activities are a particular focus of this hearing, specifically, the responsibility to help investigate and diagnose infectious diseases of public health significance, such as the flu. b) Local Health Departments. There are 61 local health jurisdictions in California representing the 58 counties and three cities: Berkeley, Long Beach, and Pasadena. Public health officers have broad far-reaching authority and responsibility under the law. For example, public health officers have the authority to order testing for individuals or communities, quarantine individuals or groups, and close beaches, restaurants, and other facilities for public safety. Public health officers receive reports from health providers and laboratories concerning the incidence of more than 80 statutorily reportable diseases including HIV/AIDs, tuberculosis, and syphilis. County health departments must submit monthly, quarterly, or annual public health and program reports to state agencies including DPH and the Emergency Medical Services Authority. County public health programs vary substantially in their administrative structures, scope, funding levels, staffing, and specific services and programs offered. Counties generally provide maternal and child health care, child health and disability prevention, tuberculosis control, and AIDS services. Most counties provide services related to sexually transmitted diseases, smoking/tobacco cessation, childhood lead poisoning, and immunizations. Many counties have also developed their own innovative programs. For example, the City of Berkeley Public Health Department has modeled a Healthy Restaurant Program on the Bay Area Green Business Project, which works with businesses to implement sustainable practices and is working with restaurants to help them to increase healthy menu options. The Community Health Department in Fresno AB 2424 Page 12 County developed the Women's Health Education and Outreach Program, which instituted Valley Women Care Clubs that hosted monthly workshops for a total of eight months in a chosen community. The workshops focused on reducing chronic disease risk through nutrition education, food tastings and food preparation demonstrations, physical activity sessions, and discussion on health perceptions and practices. Unfortunately due to a lack of funding this program was later cut. c) Public Health Spending in California. At the State level, the Governor's fiscal year (FY) 2014-15 Budget provides $3 billion for the support of DPH programs and services, a decrease of 11.4% from the previous year. Of the amount approved, 23% ($683.3 million) is for state operations and 77% ($2.3 billion) is for local assistance. There are two broad types of funding for public health in California: categorical (consisting largely of federal funding) and flexible (consisting of funding from public health realignment and local sources). Each local health department is unique in its mixture of these funds. A consistent challenge is that flexible funds must be prioritized to support mandated functions such as communicable disease control, which receives little to no categorical funding. Consequently, flexible funding available for other public health functions - such as chronic disease prevention - is very limited. When there are reductions to flexible funding, there is a disproportionate impact on mandated public health services. Recent reductions to realignment may further reduce funding for public health programs as they compete with other county services, including clinical services for indigent care, for fewer resources. Public-private partnerships have been developed to cover gaps in some jurisdictions, but these funds are only temporary and are usually initiative-specific. AB 2424 Page 13 d) Health Equity. According to the CDC, health equity is achieved when every person has the opportunity to "attain his or her full health potential" and no one is "disadvantaged from achieving this potential because of social position or other socially determined circumstances." Health inequities are reflected in differences in length of life; quality of life; rates of disease, disability, and death; severity of disease; and, access to treatment. Established in 2012, DPH's Office of Health Equity (OHE) aims to reduce health and mental health disparities in vulnerable communities. OHE's work is directed through their advisory committee and stakeholder meeting process. The OHE is required to consult with community-based organizations and local governmental agencies to ensure that community perspectives and input are included in policies, strategic plans, recommendations, and implementation activities. According to the U.S. Department of Health and Human Services' report, "Healthy People 2020: An Opportunity to Address the Societal Determinants of Health in the United States," Americans do not all have equal opportunities to make healthy choices. A person's health and chances of becoming sick and dying early are greatly influenced by powerful social factors including education, income, nutrition, housing, and neighborhoods. The "Healthy People 2020" report indicates that if we, as a state, develop strategies and programs to help more Californians become physically active and adopt good nutrition practices, and create social and physical environments that promote good health for all, California could substantially improve health and reduce health care costs. e) Concept Paper. Additionally, a concept paper presented this bill's proposal to develop a Health Improvement and Innovation Fund, a funding and allocation structure to AB 2424 Page 14 implement such an effort by providing resources for community-based obesity and chronic disease prevention. In addition to providing background for the proposal, the paper identified principles for an investment in improving the health and well-being of Californians by preventing and mitigating the impact of chronic disease, including but not limited to, size and scope of the funding commitment; focus on primary, community-based prevention; a mix of evidence-based and innovative approaches; and, allocation to improve health in a manner that enhances health equity, ensures a base level of resources in local communities, and encourages efficient use. Finally, the paper also identified expected outcomes in improving health and reducing premature death and disability, catalyzing partnerships, and building capacity for local health agencies to reconfigure their activities to address the most costly and burdensome health conditions. f) Targeted federally funded programs. The largest prevention program DPH administers is the Nutrition Education and Obesity Prevention program, which provides health education interventions to recipients of Supplemental Nutrition Assistance Program (SNAP) benefits. This program receives funding through the U.S. Department of Agriculture, and had a budget of around $90 million in 2014-15. The mission of the program is to create innovative partnerships that empower low-income Californians to increase fruit and vegetable consumption, physical activity, and food security with the goal of preventing obesity and other diet related chronic diseases. The Women, Infants, and Children program also offers nutrition and breastfeeding education to program clients. In federal fiscal year 2014, the CDC provided about $303 million to entities in California, including health AB 2424 Page 15 departments, universities, and other public and private agencies. Of this total, about $62 million of this funding statewide was allocated to different entities for chronic disease and prevention activities. 3)SUPPORT. The Health Officers Association of California (HOAC) states that with sound policies and adequate funding, most chronic illnesses (arthritis, asthma, cardiovascular disease, diabetes, cancer, and depression) can be prevented. HOAC contends that preventing chronic disease before it starts will lead to decreased medical costs and improved productivity in California. 4)RELATED LEGISLATION. a) AB 2782 (Bloom) of 2016 imposes a health promotion a fee of $0.02 per fluid ounce on bottled sugar sweetened beverages and concentrates and establishes the Health California Fund (Fund) and allocates moneys from the Fund to various state departments for purposes of reducing the incidence and impact of diabetes, obesity, and dental disease in California. AB 2782 is pending in the Assembly Health Committee. b) AB 2430 (Gaines) of 2016 allows a taxpayer to designate an amount in excess of personal income tax liability to be deposited to the Type 1 Diabetes Research Fund, which the bill would create. The bill would require moneys transferred to the Type 1 Diabetes Research Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller, as provided, and to an authorized diabetes research organization, as defined, for the purpose of type 1 diabetes research, as provided. AB 2430 is pending in the Assembly Revenue and Taxation. AB 2424 Page 16 5)PREVIOUS LEGISLATION. a) AB 572 (Gaines) of 2015 would have required DPH to create a detailed diabetes action plan for the state, and to report the results of the plan to the Legislature biennially. Requirements include the development of a detailed budget blueprint identifying needs, costs, and resources required to implement the plan and a proposed budget for each action step, as well as policy recommendations for the prevention and treatment of diabetes. AB 572 was held on the Suspense File in the Senate Appropriations Committee. b) SCR 34 (Monning), Resolution Chapter 99, Statutes of 2015 proclaimed the month of September 2015, and each year thereafter, as Childhood Obesity Awareness Month, and expressed the Legislature's support of various programs that work to reduce obesity among children. c) SR 47 (Hall), Resolution Chapter 59, Statutes of 2015 proclaimed November 2016 as Diabetes Awareness Month, and expressed the Senate's support of aggressive early detection and treatment of diabetes. REGISTERED SUPPORT / OPPOSITION: Support California Immigrant Policy Center AB 2424 Page 17 California Pan-Ethnic Health Network Health Access California Health Officers Association of California Opposition None on file. Analysis Prepared by:Kristene Mapile / HEALTH / (916) 319-2097