BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2439


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          ASSEMBLY THIRD READING


          AB  
          2439 (Nazarian)


          As Amended  May 31, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Health          |14-1 |Wood, Maienschein,    |Olsen               |
          |                |     |Bonilla, Burke,       |                    |
          |                |     |Campos, Chiu,         |                    |
          |                |     |Dababneh, Gomez,      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |
          |                |     |Nazarian,             |                    |
          |                |     |Ridley-Thomas,        |                    |
          |                |     |Rodriguez, Santiago,  |                    |
          |                |     |Waldron               |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-6 |Gonzalez, Bloom,      |Bigelow, Chang,     |
          |                |     |Bonilla, Bonta,       |Gallagher, Jones,   |
          |                |     |Calderon, Daly,       |Obernolte, Wagner   |
          |                |     |Eggman, Eduardo       |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Quirk, Santiago,      |                    |








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          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Creates a pilot project to be administered by the  
          Department of Public Health (DPH), in order to assess and make  
          recommendations regarding the effectiveness of the routine  
          offering of a human immunodeficiency virus (HIV) test in the  
          emergency department (ED) of a hospital.  Specifically, this  
          bill:  


          1)Requires DPH to select four hospitals that have EDs to  
            voluntarily participate in the pilot project as follows:


             a)   Two of the hospitals must be from large urban areas;


             b)   One hospital must be from a small urban or suburban  
               area;


             c)   One hospital must be from a rural area; 


             d)   Each hospital in the pilot project must offer an HIV  
               test to any patient in the ED who has consented to the HIV  
               test.  Specifies that the ED must comply with all existing  
               notice and counseling requirements, and that the ED may  
               comply with those requirements by either using ED or other  
               hospital personnel or engaging the services of an HIV  
               organization that has experience in prevention counseling  
               for persons at risk for HIV;


             e)   Specifies that a hospital in the pilot project must not  








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               offer a test to any person who is being treated for a  
               life-threatening emergency or who lacks the capacity to  
               consent to an HIV test;


             f)   Requires a hospital in the pilot project to offer HIV  
               tests to individuals between 15 and 65 years of age,  
               inclusive, pursuant to the United States Preventive  
               Services Task Force (USPSTF) recommendations;


             g)   Authorizes a hospital in the pilot project to charge a  
               patient for the cost of the HIV testing;


             h)   Requires a hospital in the pilot project to collect and  
               report data on the following topics to DPH:


               i)     The frequency of HIV test offers;


               ii)    The frequency of consent or nonconsent to an HIV  
                 test and any reasons given by the patient for the consent  
                 or nonconsent;


               iii)   The time taken to offer an HIV test and secure  
                 consent from a patient and the time taken to provide  
                 information and counseling;


               iv)    The aggregate HIV positivity rate;


               v)     The frequency with which patients agree information  
                 and counseling and the reasons that patients give for  
                 refusing counseling; and,









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               vi)    The frequency of patients leaving the ED without  
                 receiving their test results.


          2)Requires hospitals in the pilot project to provide information  
            to DPH regarding the hospitals practices and protocols for  
            implementing the offer of an HIV test; the required follow up  
            to the test; as well as an assessment of the effectiveness of  
            those practices and protocols.


          3)Specifies that the pilot project must commence on March 1,  
            2017, and end on February 28, 2019.


          4)Requires DPH, by July 1, 2019, to complete a report to the  
            Legislature on the finding of the four hospitals in the pilot  
            and make recommendations about routine HIV testing in hospital  
            EDs.  Requires DPH to solicit input form a broad range of HIV  
            testing and hospital stakeholders when preparing the report.    



          5)Authorizes DPH to seek or use private funding to cover the  
            costs of administering the pilot project.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)Staff costs to DPH of $305,000 in fiscal year 2016-17,  
            $550,000 in 2017-18, and $275,000 in 2018-19 to implement and  
            manage the pilot project, collect data, and prepare a report  
            (General Fund (GF)or private funds).


          2)Cost pressure to provide funding for hospitals to participate  








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            in this project.  Although they can be reimbursed for HIV  
            testing, it is unclear whether hospitals would participate  
            without funding for enhanced tracking and data collection  
            efforts.  A current Centers for Disease Control and Prevention  
            (CDC) grant provides $270,000 per year to each hospital  
            participating in a similar pilot project (GF or private  
            funds).


          3)Identifying more individuals with HIV could increase testing  
            and treatment costs to Medi-Cal and the AIDS Drug Assistance  
            Program, and potentially reduce long-term costs by identifying  
            HIV infection and beginning treatment earlier before  
            significant medical complications arise, as well as by  
            potentially preventing additional transmission.  The pilot  
            project is relatively small and thus any fiscal impact to the  
            state for additional treatment would be small. The net effect  
            on costs is unknown.


          COMMENTS:  According to the author, over the past three decades,  
          almost every imaginable location to provide routine HIV testing  
          has been employed to capture as many people as possible who may  
          have engaged in risk behaviors.  The author contends we continue  
          to come up short, in large part because HIV testing is occurring  
          only sporadically in the ED, the last major health care  
          institution in California where HIV testing does not occur  
          routinely.  The author states despite dramatic advances in  
          treatment options, there are more than 5,000 new infections in  
          California every year and according to DPH, 16% of Californians  
          who are HIV-positive do not know they are HIV-positive and thus  
          are not getting treatment and unwittingly exposing uninfected  
          people to HIV, and that number jumps to 58% for young people  
          under the age of 24.  The author continues, despite the many  
          successes, the failures of our testing protocols are most  
          pronounced among young people and people of color, noting that  
          the state's HIV demographics are trending younger, notably  
          increasing in those aged 20 to 29, and climbing infection rates  
          among Black and Latino Californians, especially Black women. 








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          The California Office of AIDS estimates that approximately  
          126,000 Californians are living with HIV, and of these, 23,000  
          or 18% are unaware of their HIV status.  An estimated 6,000  
          Californians are newly diagnosed with HIV each year.  Gay,  
          bisexual, and other men who have sex with men (MSM) continue to  
          be the risk group most heavily affected by HIV in California,  
          accounting for over 70% of all persons diagnosed with HIV in  
          2013.


          Unlike national statistics, new HIV diagnoses among all MSM in  
          California decreased by over 13% (from 3,789 to 3,281) from 2005  
          to 2013 (versus a national increase of 6%).  White MSM in  
          California account for this decline, with an almost 35% decrease  
          in new diagnoses (versus a national decrease of 18%).  Both  
          Latino and Black MSM in California had a net zero change in new  
          HIV diagnoses from 2005 to 2013 (versus national increases of  
          24% and 22%, respectively).  Only "other" race/ethnicities in  
          California that had an increase in new HIV diagnoses during this  
          period (an increase of 30% from 2005 to 2013, driven primarily  
          by a 73% increase among Asians).  "Other" race/ethnicity  
          includes American Indian/Alaska Native, Asian, Native  
          Hawaiian/Pacific Islander, and multi-racial persons.


          However, young MSM aged 13 to 24 years old in California had an  
          overall increase of 27% in new HIV diagnoses from 2005 to 2013  
          (from 536 in 2005 to 680 in 2013).  This increase was driven by  
          young Hispanic MSM, whose numbers increased by 35% (from 246 to  
          333).  Diagnoses among young Black MSM in California increased  
          by 16% (from 124 to 144) during this period.  Among young white  
          MSM new diagnoses increased approximately 8% (from 130 to 140),  
          compared to 56% nationally.  New HIV diagnoses among young MSM  
          of other race/ethnicities in California increased by an even  
          higher percentage (75%) from 2005 to 2013, but there are  
          relatively few cases in this group (36 in 2005 to 63 in 2013).  









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          In September 2006, the CDC released, "Revised Recommendations  
          for HIV Testing of Adults, Adolescents, and Pregnant Women in  
          Health-Care Settings."  These recommendations advise routine HIV  
          screening of adults, adolescents, and pregnant women in health  
          care settings in the United States.  The CDC also recommends  
          reducing barriers to HIV testing.  In April 2013, the USPSTF  
          issued similar recommendations.  According to these  
          recommendations, clinicians should routinely screen adolescents  
          and adults ages 15 to 65 years for HIV infection.  Younger  
          adolescents and older adults who are at increased risk should  
          also be screened.  USPSTF also recommends screening all pregnant  
          women for HIV, including those who present in labor whose HIV  
          status is unknown.


          According to a Kaiser Family Foundation report, as of 2012, more  
          than half (54%) of U.S. adults, aged 18 to 64, reported ever  
          having been tested for HIV, including 22% who reported being  
          tested in the last year.  The share of the public saying they  
          have been tested for HIV at some point increased between 1997  
          and 2004, but has remained fairly steady since then.  Of those  
          U.S. adults, aged 18-64, who say they have never been tested for  
          HIV, nearly six in 10 (57%) say it is because they do not see  
          themselves as at risk.  HIV testing varies by state, age, and  
          race/ethnicity, for example, Blacks and Latinos are  
          significantly more likely to report having been tested for HIV  
          than whites.  


          Hospitals in two of California's largest urban settings, the  
          Alameda County Medical Center (ACMC) and Los Angeles County +  
          University of Southern California Medical Center (LAC+USC) have  
          been successful in integrating routine HIV testing in their EDs,  
          although neither facility has offered HIV testing to every  
          patient receiving a blood draw as this bill would require.  As  
          an early adopter of HIV testing in their ED, ACMC utilized  
          medical staff for the introduction and provision of HIV tests.   
          Over a three year demonstration project (2010-12), ACMC  








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          identified 52 new HIV cases from 45,210 HIV tests conducted with  
          a positivity yield of 0.1%.  In 2005, LAC+USC utilized a rapid  
          test approach, embedding test counselors to introduce and  
          provide HIV tests, and identified 13 new cases of HIV among  
          1,713 patients tested yielding a positivity yield of 0.8%.  In  
          addition, a regional hospital, Desert Regional Medical Center in  
          Palm Springs, has implemented HIV testing in its ED.  In 2015,  
          it tested 810 patients of which 17 were HIV positive for a  
          positivity rate of 2%. These positivity yields meet the  
          benchmark of 0.1% determined by the CDC to demonstrate cost  
          effectiveness of HIV testing in healthcare settings.


          The AIDS Healthcare Foundation (AHF) is the sponsor of this bill  
          and states despite dramatic advances in treatment options, there  
          are more than 5,000 new infections in California every year, and  
          everyday more than a dozen Californians are being infected with  
          HIV.  AHF contends that while almost every imaginable location  
          that provides routine HIV testing has been employed to capture  
          as many people as possible who may have engaged in risk  
          behaviors, we continue to come up short in large part because  
          HIV testing is occurring only sporadically in hospital EDs, the  
          last major health care institution where HIV testing does not  
          occur routinely. 


          The California Chapter of the American College (Cal/ACEP)  
          opposes this bill stating that the pilot project requires every  
          patient in an ED to be offered an HIV test, whether they are  
          having their blood drawn already or not, and as a practical  
          matter, this means that a patient who is there for a broken  
          foot, stiches, a concussion, or any other medical condition that  
          does not require blood to be drawn, will have their blood drawn  
          as a purely public health screening measure.  Cal/ACEP notes  
          that it is aware that the CDC has stated that hospitals with an  
          AIDS diagnosis rate greater than one per 1,000 discharges should  
          adopt a policy of offering HIV counseling and testing routinely  
          to patients aged 15 to 54 years, however if ED prophylactically  
          tested for all diseases with a 0.001% prevalence, life-saving  








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          care to acutely ill patients would come to a screeching halt.




          Analysis Prepared by:                                             
                          Lara Flynn / HEALTH / (916) 319-2097  FN:  
          0003258