BILL ANALYSIS Ó AB 2439 Page 1 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, | | AB 2439 Page 2 | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ 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 AB 2439 Page 3 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, AB 2439 Page 4 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 AB 2439 Page 5 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. AB 2439 Page 6 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). AB 2439 Page 7 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 AB 2439 Page 8 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 AB 2439 Page 9 care to acutely ill patients would come to a screeching halt. Analysis Prepared by: Lara Flynn / HEALTH / (916) 319-2097 FN: 0003258