BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                       AB 2439|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  AB 2439
          Author:   Nazarian (D) 
          Amended:  8/15/16 in Senate
          Vote:     21 

           SENATE HEALTH COMMITTEE:  7-0, 6/29/16
           AYES:  Hernandez, Nguyen, Hall, Mitchell, Monning, Pan, Roth
           NO VOTE RECORDED:  Nielsen, Wolk

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 8/11/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza
           NOES:  Bates, Nielsen

           ASSEMBLY FLOOR:  54-24, 6/2/16 - See last page for vote

           SUBJECT:   HIV testing


          SOURCE:    AIDS Healthcare Foundation

          DIGEST:  This bill 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 an HIV test in the emergency department (ED) of a  
          hospital. Requires DPH to select four hospitals that have EDs to  
          voluntarily participate in the pilot project, as specified.
          
          ANALYSIS:  

          Existing law:

           1) Requires each patient who has blood drawn at a primary care  
             clinic, and who has consented, to be offered an HIV test,  








                                                                    AB 2439  
                                                                    Page  2


             consistent with the United States Preventive Services Task  
             Force (USPSTF) recommendation for screening the HIV  
             infection.

           2) Requires a medical provider, prior to ordering an HIV test  
             to inform the patient that the test is planned, provide  
             information about the test, inform the patient that there are  
             numerous treatment options available for a patient who tests  
             positive for HIV and that a person who tests negative for HIV  
             should continue to be routinely tested, and advise the  
             patient that he or she has the right to decline the test. If  
             a patient declines the test, the medical care provider is  
             required to note that fact in the patient's medical file.   
             These provisions do not apply when a person independently  
             requests an HIV test from a medical care provider.

           3) Requires the medical provider or other person administering  
             the test, after the results of an HIV test have been  
             received, to ensure that the patient receives timely  
             information and counseling, as appropriate, to explain the  
             results and the implications for the patient's health. If the  
             patient tests positive for HIV infection, the medical  
             provider or the person who administers the test is required  
             to inform the patient that there are numerous treatment  
             options available and identify follow-up testing and care  
             that may be recommended, including contact information for  
             medical and psychological services. If the patient tests  
             negative but is known to be at high risk for HIV infection,  
             the medical provider or the person who administers the test  
             is required to advise the patient of the need for periodic  
             retesting, explain the limitations of current testing  
             technology and the current window period for verification of  
             results, and is permitted offer prevention counseling or a  
             referral to prevention counseling.
          
          This bill:

           1) Creates a pilot project, to be administered by DPH, in order  
             to assess and make recommendations regarding the  
             effectiveness of the routine offering of an HIV test in the  
             ED of a hospital. Requires DPH to select four hospitals that  
             have EDs to voluntarily participate in the pilot project, as  
             follows:








                                                                    AB 2439  
                                                                    Page  3


              a)    Two of the hospitals from large urban areas;
              b)    One hospital from a small urban or suburban area; and,  

              c)    One hospital from a rural area.

           2) Permits DPH to select fewer hospitals if an insufficient  
             number of hospital express willingness to voluntarily  
             participate. 

           3) Requires each hospital in the pilot project to offer an HIV  
             test to any patient in the ED who has consented to the HIV  
             test.  Requires the ED to comply with existing law related to  
             HIV testing, and permits the ED to comply either by using  
             hospital personnel or engaging the services of an HIV  
             organization that has experience in prevention counseling for  
             persons at risk for HIV.

           4) Prohibits a hospital in the pilot project from offering 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.

           5) Requires a hospital in the pilot project to offer HIV tests  
             to individuals between 15 and 65 years of age pursuant to  
             USPSTF recommendations.

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

           7) Requires a hospital in the pilot project to be directed by  
             DPH, in a form, manner, and timeframe determined by DPH,  to  
             collect and report data on:

              a)    The frequency of HIV test offers; 


              b)    The frequency of consent or non-consent to an HIV test  
                and any reasons given by the patient for the consent or  
                the non-consent; 


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







                                                                    AB 2439  
                                                                    Page  4




              d)    The aggregate HIV positivity rate; 


              e)    The frequency with which patients agree to participate  
                in a session to receive information and counseling  
                pursuant to existing law related to HIV testing and the  
                reasons that patients give for refusing to participate;  
                and, 


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

           8) Requires a hospital in the pilot project to provide  
             information to DPH regarding its practices and protocols for  
             implementing the offer of an HIV test and the required  
             follow-up to the test, as well as an assessment of the  
             effectiveness of those practices and protocols.

           9) Commences the pilot project on March 1, 2017, and ends it on  
             February 28, 2019.

           10)Requires DPH, by December 1, 2019, to complete a report to  
             the Legislature on the findings of the four hospitals in the  
             pilot project and make recommendations about routine HIV  
             testing in EDs, as specified. Requires DPH, in preparing the  
             report to the Legislature, to solicit input from a broad  
             range of HIV testing and hospital stakeholders. Makes this  
             provision inoperative on July 1, 2023, as specified.

           11)Requires this bill to be implemented only to the extent that  
             DPH identifies available funding for its purposes. Permits  
             DPH to seek or use private funding to cover the costs of  
             administering the pilot project. 

          Background


          According to a 2015 Centers for Disease Control and Prevention  
          (CDC) report, an estimated 1,148,200 persons aged 13 years and  
          older are living with HIV infection.  Over the past decade, the  
          number of people living with HIV has increased, while the annual  







                                                                    AB 2439  
                                                                    Page  5


          number of new HIV infections has remained relatively stable.  
          Still, the pace of new infections continues at far too high a  
          level, particularly among certain groups.   The estimated  
          incidence of HIV has remained stable overall in recent years, at  
          about 50,000 new HIV infections per year. Within the overall  
          estimates, however, some groups are affected more than others.  
          Men who have sex with men continue to bear the greatest burden  
          of HIV infection, and among races/ethnicities, African Americans  
          continue to be disproportionately affected.  In 2013, an  
          estimated 47,352 people were diagnosed with HIV infection in the  
          United States. In that same year, an estimated 26,688 people  
          were diagnosed with AIDS. Overall, an estimated 1,194,039 people  
          in the United States have been diagnosed with AIDS. An estimated  
          13,712 people with an AIDS diagnosis died in 2012, and  
          approximately 658,507 people in the United States with an AIDS  
          diagnosis have died overall. The deaths of persons with an AIDS  
          diagnosis can be due to any cause-that is, the death may or may  
          not be related to AIDS.

          1)HIV positive but unaware.  According to the CDC, of the nearly  
            1.2 million people estimated to be living with HIV in the  
            U.S., nearly one in seven (more than 168,000) do not know they  
            are infected. According to the California Office of AIDS, as  
            of the end of 2011, it is estimated that between 29,523 and  
            31,948 HIV-positive and unaware individuals reside in  
            California. Because many new infections are transmitted by  
            people who do not know they are infected, undiagnosed  
            infection remains a significant factor fueling the HIV  
            epidemic. According to the CDC, when HIV is diagnosed early,  
            appropriately timed interventions, particularly highly active  
            antiretroviral therapy, can lead to improved health outcomes,  
            including slower clinical progression and reduced mortality.   
            Additionally, HIV counseling with testing has been  
            demonstrated to be an effective intervention for HIV-infected  
            participants, who increased their safer behaviors and  
            decreased risk behaviors. 


          Comments


          Author's statement.  According to the author, the National  
          Association of State and Territorial AIDS Directors declared in  
          its most recent report that "hospital emergency rooms continue  







                                                                    AB 2439  
                                                                    Page  6


          to play a critical role in the successful expansion of HIV  
          testing." Given that there are more than 5,000 new HIV  
          infections in California every year, AB 2439 will bridge the gap  
          in lack of HIV testing by requiring the four selected hospitals  
          to offer an HIV test to patients that have been admitted via the  
          ED. The emergency room trigger is key, as emergency rooms will  
          continue to play a critical role in delivering primary care  
          services to many new enrollees and to those who remain  
          uninsured. AB 2439 recognizes that emergency rooms continue to  
          play a vital role in helping to identify individuals with HIV.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee: 

          1)One-time costs of $305,000 in 2016-17 and $560,000 in 2017-18  
            for the DPH to oversee the pilot project (General Fund).

          2)By requiring hospitals to offer additional HIV testing to  
            patients, the bill will increase the number of tests provided  
            and the number of previously undiagnosed individuals who will  
            be diagnosed with HIV, typically leading to treatment. The  
            number of additional tests provided and the number of  
            previously undiagnosed cases of HIV discovered through those  
            tests is subject to uncertainty. Based on information  
            developed by the Office of Statewide Planning and Development,  
            there are about 14 million ED patient encounters per year. If  
            10% of the encounters in participating hospitals lead to an  
            HIV test and the population accepting the test has roughly the  
            same rate of undiagnosed HIV as the overall state population,  
            there would be about 10-20 newly diagnosed cases of HIV  
            identified per year. This would result in the following state  
            costs:

             a)   About $150,000 per year for additional HIV testing  
               (including follow up testing for positive test results) by  
               the Medi-Cal program (General Fund and federal funds).

             b)   About $200,000 per year to provide medical care Medi-Cal  
               enrollees newly diagnosed with HIV (General Fund and  
               federal funds).







                                                                    AB 2439  
                                                                    Page  7



             c)   About $50,000 per year to provide medical care to new  
               AIDS Drug Assistance Program enrollees (federal funds and  
               drug rebate funds).

          3)Unknown long-term cost savings to Medi-Cal due to earlier  
            medical intervention for HIV-positive Medi-Cal enrollees. To  
            the extent that HIV-positive Medi-Cal enrollees are diagnosed  
            earlier and begin treatment earlier, it is likely that the  
            long-term health status of those individuals will improve and  
            some of the health effects of HIV will be delayed or avoided.  
            There are indications that untreated HIV causes long-term  
            health impacts such as elevated risk of diabetes and heart  
            disease, even before the effects of compromised immune system  
            function associated with HIV infection become evident. Earlier  
            diagnosis and treatment for HIV-positive individuals may to  
            reduce long-term Medi-Cal expenditures for those individuals.  
            However, to some unknown extent the improvement in health  
            status and reduction in health care needs will be offset by  
            longer lifespans, potentially offsetting cost savings.

          4)Unknown cost savings due to reduced HIV infections in the  
            state, including amongst Medi-Cal beneficiaries. There are  
            academic findings that diagnosis of HIV significantly reduces  
            the likelihood that an HIV positive individual will infect  
            others. This is due both to a reduction in risky behavior by  
            those aware of their HIV positive status and reductions in  
            viral loads in the blood due to antiretroviral treatments. To  
            the extent that the bill results in new diagnoses of HIV and  
            that newly diagnosed individuals are able to access  
            appropriate medical care, the bill is likely to prevent future  
            HIV infections.

          SUPPORT:  (Verified  8/12/16)

          AIDS Healthcare Foundation (source)
          Beyond AIDS
          City of West Hollywood


          OPPOSITION:   (Verified8/12/16)


          None received







                                                                    AB 2439  
                                                                    Page  8



          ARGUMENTS IN SUPPORT:  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.
          
          ASSEMBLY FLOOR:  54-24, 6/2/16
          AYES:  Achadjian, Alejo, Atkins, Baker, Bloom, Bonilla, Bonta,  
            Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina  
            Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Hadley, Roger  
            Hernández, Holden, Irwin, Jones-Sawyer, Levine, Linder, Lopez,  
            Low, Maienschein, Mayes, McCarty, Mullin, Nazarian, O'Donnell,  
            Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Waldron, Weber, Williams, Wood, Rendon
          NOES:  Travis Allen, Arambula, Bigelow, Brough, Chang, Chávez,  
            Dahle, Beth Gaines, Gallagher, Gatto, Gray, Grove, Harper,  
            Jones, Kim, Lackey, Mathis, Melendez, Obernolte, Olsen,  
            Patterson, Steinorth, Wagner, Wilk
          NO VOTE RECORDED:  Gordon, Medina

          Prepared by:   Melanie Moreno / HEALTH / (916) 651-4111
          8/15/16 20:33:29


                                   ****  END  ****