BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: AB 2424 --------------------------------------------------------------- |AUTHOR: |Gomez | |---------------+-----------------------------------------------| |VERSION: |June 20, 2016 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |June 29, 2016 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Reyes Diaz | --------------------------------------------------------------- SUBJECT : Community-based Health Improvement and Innovation Fund SUMMARY : Creates the Community-based Health Improvement and Innovation Fund for allocation to the Department of Public Health to reduce health inequity and disparities in the rates and outcomes of priority chronic health conditions, as defined, and to evaluate the effectiveness of community-based prevention strategies, as specified. Existing law: 1)Establishes the Department of Public Health (DPH) to protect and improve the health of communities through education, promotion of healthy lifestyles, and research for disease and injury prevention. Establishes the California Diabetes Program (CDP) within DPH. 2)Provides DPH with the authority to perform activities that protect, preserve, and advance public health, including studies and dissemination of information. This bill: 1)Creates in the State Treasury the Community-based Health Improvement and Innovation Fund (CHII Fund) consisting of any revenues deposited, including, but not limited to, fine or penalty revenue, any revenue from appropriation credited to the CHII Fund, and any funds from public or private gifts, grants, or donations. 2)Required moneys from the CHII Fund to be available, as specified, for purposes that include, but are not limited to: a) Reducing health inequity and disparities in the rates and outcomes of "priority chronic health AB 2424 (Gomez) Page 2 of ? conditions," as defined, and injuries. Defines "priority chronic health conditions" as asthma, type II diabetes, cardiovascular and cerebrovascular disease, cancer, dental disease, obesity, and other chronic conditions and injuries, as specified; b) Preventing the onset of priority chronic health conditions using community-based strategies, as specified; c) Strengthening local, regional, and state-level collaborations between public health jurisdictions and health care providers, and across government agencies and community partners, as specified; d) Supporting collaboration between public health entities and non-health organizations and agencies in fields to include housing, transportation, land use planning, and food access; and, e) Evaluating the effectiveness and cost-effectiveness of innovative community-based prevention strategies for priority chronic health conditions, as specified. 3)Requires CHII Fund moneys to be used to address social, environmental, and behavioral determinants of chronic disease and injury, as specified, including, but not limited to promotion of health diets, improved access to healthy foods, and health food environments; promotion of physical activity and of a safe, physical activity-promoting environment; prevention of unintentional and intentional injury; and building partnerships to address social determinants of chronic disease. Requires policy, systems, and environmental change approaches to be emphasized when expending CHII Fund moneys, and allows moneys to support implementation of community-based programs. Prohibits CHII Fund moneys from being used for clinical services and from reverting to the State General Fund. 4)Requires DPH to be allocated an amount not greater than 20% of the annual appropriation from the CHII Fund for activities that include, but are not limited to: a) Mandatory activities that include: statewide media and communications campaigns; evaluation of all program activities supported through the CHII Fund, including regular monitoring, data collection and reporting requirements, and ensuring moneys supplement AB 2424 (Gomez) Page 3 of ? and do not supplant existing funds or efforts; and other activities, including overall program implementation and oversight, the definition of criteria for evidence-based and innovative approaches to improving health and health equity, the definition of priority chronic health conditions and health equity priority populations, and development of tools that can be used by the state and grantees to monitor progress, as specified; and, b) Discretionary activities to support community-based prevention that include: research, development, and dissemination of best practices; development of infrastructure, as specified; coordination of local efforts and statewide initiatives; and grants or contracts to nonprofit organizations at the state level, as specified. 5)Requires DPH to award at least 80% of moneys from the CHII Fund to eligible applicants to be used consistent with requirements in 2) above, and distributed and awarded according to criteria that includes, but is not limited to: a) At least 47% of funds awarded to local health jurisdictions, as specified, that submit an application for a three-year funding cycle that includes, but is not limited to: a detailed assessment of community health needs, as specified; a health improvement and evaluation plan; the level of local funds; documentation of the existence and activities of a community health partnership, as specified; and how funds will be used in a manner consistent with provisions in this bill; and, b) At least 33% of funds allocated for competitive grants, including, but not limited to: grants awarded to local or regional-level entities or statewide nonprofit organizations; the identification by participating health care plans or hospitals of monetary, in-kind, or both, contributions to projects; investments by local or regional projects that serve communities, as specified; funds used for statewide nonprofit organizations to support activities; funds used for competitive grant programs administered by DPH to support health food incentives for low-income Californians and community food projects, as specified; and coordinated efforts of grant awardees AB 2424 (Gomez) Page 4 of ? with DPH and any local health jurisdiction, as specified. 6)Creates the CHII Fund Advisory Committee (Committee) that is required to advise DPH on policy development, integration, and evaluation of community-based chronic disease and injury prevention activities, as specified. Requires the Committee to include, at a minimum, experts on priority chronic health conditions, effective nonclinical prevention strategies, and policy strategies for prevention. Requires the Committee to be composed of 13 members appointed for a term of two years, renewable at the option of the appointing authority as follows: a) One member representing voluntary health organizations, as specified, appointed by the Speaker of the Assembly; b) One member representing health care employees appointed by the Senate Rules Committee; c) One member representing a statewide nonprofit health organization, as specified, appointed by the Governor; d) One member representing a community-based organization, as specified, appointed by the Governor; e) One representative of a university, as specified, appointed by the Governor; f) Two representatives of a population group with priority health conditions appointed by the Governor; g) One representative of the Health and Human Services Agency appointed by the Governor; h) One representative of the Department of Food and Agriculture appointed by the Governor; i) One representative of the Health in All Policies Task Force appointed by the Strategic Growth Council; j) One member representing the interests of the general public appointed by the Governor; aa) One representative of the California Conference of Local Health Officers; and, bb) One representative from the California Health Benefit Exchange appointed by the executive board of the exchange. 7)Requires the Committee to meet as deemed necessary but not less than four times per year. Requires the Committee members AB 2424 (Gomez) Page 5 of ? to serve without compensation, except as specified, and to be advisory to DPH, the Department of Food and Agriculture (DFA), and the Health and Human Services Agency (HHSA) for purposes that include, but are not limited to: a) Evaluation of research on community-based policies, practices, and programs, as specified; b) Facilitation of programs directed at reducing and eliminating preventable chronic disease and injury, as specified; c) Making recommendations to DPH, DFA, and HHSA, as specified; d) Reporting to the Legislature on or before January 1 of each year on the number and amount of activities funded by the CHII Fund, as specified; and, e) Ensuring that the most current research findings are applied in designing CHII Fund activities, as specified. 8)Requires the Committee, based on results of programs funded by the CHII Fund and other proven methodologies, to produce a comprehensive set of recommendations and proposed strategies for advancing chronic disease and injury prevention throughout the state that include specific goals for reduction of the burden of preventable chronic conditions and injuries by 2030. Requires the recommendations to include implementation strategies for each priority chronic health condition throughout the state and identification of areas where innovative solutions are especially needed. Requires the Committee to submit the recommendations and proposed strategies to the Legislature triennially. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)DPH would incur one-time costs for staffing, information technology, and contracts, likely in the low millions of dollars. Ongoing costs would depend on the total allocation and the number of grants and contracts to be managed. 2)This bill does not specify a funding source or amount, but it is safe to assume a program of the scale envisioned would cost in the tens of millions of dollars General Fund (GF) per three-year cycle, in absence of another fund source. Based on the minimum $250,000 allocated to each local health AB 2424 (Gomez) Page 6 of ? jurisdiction, which would make up 50% of the funding, as well as the ambitious nature and comprehensiveness of the program, staff estimates cost pressure of $30.5 million GF at a minimum. Assuming a program of this size, $2.8 million would be allocated to communications and media, $1.5 million to evaluation, up to $1.8 million for DPH administration and oversight, $15.3 to local health jurisdictions to implement community-based health improvement activities, and $9.1 million for competitive grants. 3)A related stakeholder proposal request for a $380 million GF appropriation for a CHII Fund was discussed in the Assembly Budget Subcommittee 1 on April 11, 2016. This represents nearly a $10 per capita investment, which would support one cycle of a three-year grant program. 4)Research indicates funding evidence-based, community-based chronic disease prevention activities can have a high return on investment in terms of health care cost savings. A return on investment (ROI) analysis is beyond the scope of this estimate, but as this bill focuses on the most costly and preventable conditions, including obesity, heart disease, and diabetes, and assuming the activities were evidence-based and well-implemented, it is reasonable they could lead to improvements in population health and a corresponding reduction in health care cost growth statewide, and for the state as a large payer. In addition, the bill's focus on health equity priority populations is likely to have a significant overlap with the Medi-Cal population, increasing the chances of a positive ROI for the state. Finally, the bill's emphasis on funding systems and policy changes means health-promoting changes adopted pursuant to this program may have a lasting impact. For example, the tobacco control program led to changes in public acceptance of tobacco use, which in turn resulted in policies that are unlikely to be reversed, such as tobacco-free workplaces. PRIOR VOTES : ----------------------------------------------------------------- |Assembly Floor: |57 - 22 | |------------------------------------+----------------------------| |Assembly Appropriations Committee: |14 - 6 | |------------------------------------+----------------------------| AB 2424 (Gomez) Page 7 of ? |Assembly Health Committee: |14 - 2 | | | | ----------------------------------------------------------------- COMMENTS : 1)Author's statement. According to the author, this bill would create the CHII Fund to ensure that all Californians are able to achieve optimal, equitable health regardless of their socioeconomic status, race, ethnicity, or place of residence. Specifically, money allocated from the CHII Fund would support sustainable funding toward public health and prevention programs and efforts within disadvantaged communities. The sources of funding for public health and prevention programs are perpetually threatened. These funds are currently declining from past levels of prior funding, and are often subject to significant federal restrictions. Strategic investment in upstream and primary prevention would protect, not deplete, our crucial health programs. Investment in prevention has a strong evidence base of positive returns on investment by reducing health care costs on a long-term basis. Soaring health care costs for government, business, and labor takes money out of wages and hurts competitiveness. Eighty percent of our health spending is on chronic disease, most of which is preventable. Other innovations may improve care, but innovation increases costs. Preventing obesity and chronic disease is the only way to save money in the long-term. 2)Diabetes in California. DPH issued a study, The Burden of Chronic Disease and Injury, in 2013 that highlights some of the leading causes of death, such as heart disease, cancer, stroke, and respiratory disease, all of which have a strong connection to obesity. Diabetes is another serious chronic disease stemming from obesity that adversely affects quality of life and results in serious medical costs. The last decade has witnessed a 32% rise in diabetes prevalence, affecting some 3.9 million people and costing upwards of $24 billion per year. According to the Centers for Disease Control and Prevention (CDC), more than one-third of U.S. adults are obese, and approximately 12.5 million children and adolescents ages two to 19 years are obese. Research indicates a tripling in the youth obesity rate over the past three decades. While this increase has stabilized between the years 2005 and 2010, in 2010, 38% of public school children were overweight and obese. Overweight youth face increased risks for many serious detrimental health conditions that do not commonly occur AB 2424 (Gomez) Page 8 of ? during childhood, including high cholesterol and type-2 diabetes. Additionally, more than 80% of obese adolescents remain obese as adults. 3)CDP. The CDP was established in 1981 and represents a partnership between DPH and the University of California, San Francisco. It primarily receives its funding from the CDC. A few key objectives that the CDP focuses on include: a) Monitoring statewide diabetes health status and risk factors; b) Engaging in outreach to increase awareness about the disease; c) Guiding public policy to support at-risk and vulnerable populations; d) Offering leadership, guidance, and resources to community health interventions; e) Seeking to improve the health care delivery system; and, f) Reducing diabetes-related health disparities. The CDP achieves these through partnering with different individual, community, health care, policy, and environmental entities. 1)The California Wellness Plan (Plan). In February 2014, DPH's Chronic Disease Prevention Branch published the Plan, the result of a statewide process led by DPH to develop a roadmap for DPH and partners to promote health and eliminate preventable chronic disease in California. The Plan aligns with the Let's Get Healthy California Taskforce priorities and includes 26 priorities and performance measures developed in 2012 that are based upon evidence-based strategies to prevent chronic disease and promote equity. The Plan contains short, intermediate, and long-term objectives with measurable effects on a variety of chronic diseases, of which diabetes is a major focus. The Plan also contains 15 objectives specific to diabetes, including objectives to increase utilization of diabetes prevention and self-management programs, as well as broad objectives to reduce the prevalence of obesity and diabetes among children and adults. DPH's chronic disease programs plan to collaborate with local and state partners, including the Office of Health Equity (OHE), that are engaged in diabetes prevention to implement the objectives. DPH intends to monitor the progress of Plan objectives and publish AB 2424 (Gomez) Page 9 of ? regular reports on outcomes. According to DPH, the Chronic Disease Control Branch Chief ensures that, at a minimum, the Plan is reviewed in conjunction with partners every five years to assess the need for a new version. This review process will be consistent with the CDC and Evaluation Program guidelines. Triggers for reviewing the Plan sooner than the five year cycle include, but are not limited to: a) major changes to DPH authority; or b) major changes in federal and/or state funding, guidance, or requirements. Any future versions of the Plan developed in conjunction with partners will also be available to the public on DPH's Web site. DPH further states that a one-day statewide conference is planned for 2017 for partners and programs to report on progress or short term outcomes of goals of the Plan. A summary of conference reports will be posted online after the conference. 2)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 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 AB 2424 (Gomez) Page 10 of ? and reduce health care costs. 3)Related legislation. AB 2696 (Beth Gaines), would require DPH to submit a report to the Legislature, as specified with certain criteria, regarding the prevention and management of diabetes and its complications. Requires DPH to post annually specified information on its Internet Web site. AB 2696 is pending in the Senate Appropriations Committee. 4)Prior legislation. AB 572 (Beth Gaines of 2015), would have required DPH to update the California Wellness Plan 2014 to include specified items, including priorities and performance measures that are based upon evidence-based strategies to prevent and control diabetes, and to submit a report to the Legislature by January 1, 2018, to include the progress of those specified plan items. AB 572 was held under submission in the Senate Appropriations Committee. AB 270 (Nazarian of 2015), would have required DPH to apply to the State Department of Motor Vehicles to sponsor a diabetes awareness, education, and research specialized license plate program. Would have established the Diabetes Awareness Fund, with revenues to be used by DPH to fund programs related to diabetes awareness and prevention. AB 270 was held under submission in the Senate Appropriations Committee. SB 1316 (Cannella of 2014), would have required the Department of Health Care Services, DPH, and the Board of Administration of the Public Employees' Retirement System to submit a report to the Legislature regarding their respective diabetes-related programs. SB 1316 was never referred out of Senate Rules Committee. AB 1592 (Beth Gaines of 2014), would have required DPH to complete and submit to the Legislature a Diabetes Burden Report by December 31, 2015, including, among other things, actionable items for consideration by the Legislature that would aid in attaining the goals set forth by DPH in the California Wellness Plan for 2014. Would have required DPH to include in the report guidelines that would reduce the fiscal burden of diabetes to the state. AB 1592 was vetoed by the Governor, stating that DPH had already submitted its Diabetes Burden Report to the CDC, as required, and is unable to withdraw the report to include additional information prescribed by the bill. AB 2424 (Gomez) Page 11 of ? 5)Support. Supporters of this bill argue that chronic disease accounts for eight out of every 10 deaths in the state and affects the quality of life for approximately 14 million Californians, and disproportionately affects communities of color. Supporters state that, in 2010, 42% of all health care expenditures in the state was spent on treating common chronic health conditions: arthritis, asthma, cardiovascular disease, diabetes, cancer, and depression, most of which can be prevented. Supporters argue that this bill will empower entities to enact primary prevention programs to help improve policies and behaviors, which can be bigger determinants of health. 6)Opposition. DPH states that, while it is committed to achieving health equity and supports efforts to reduce and prevent the chronic disease burden among all Californians, this bill requires the administration of a program without identifying a funding source or providing funding for the program. DPH states that without funding it would not be able to award any grants. 7)Amendments. The author requests the following amendments in bold, italics, and underline : On page 11, line 27: (v) How funds will be used in a manner consistent with principles of effectiveness, cost efficiency, relevance to community needs, maximal impact to improve community health,andand sustainability of impactover time. time, and projections of return on investment to the state.over time. SUPPORT AND OPPOSITION : Support: American Cancer Society Cancer Action Network American Heart Association/American Stroke Association Boehringer Ingelheim Pharmaceuticals, Inc. California Immigrant Policy Center California Naturopathic Doctors Association California Pan-Ethnic Health Network Community Clinic Association of Los Angeles County Health Access California Health Officers Association of California Public Health Institute SEIU California AB 2424 (Gomez) Page 12 of ? Sonoma County Board of Supervisors Oppose: Department of Public Health -- END --