BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2589


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          Date of Hearing:  April 19, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          AB 2589  
          (Gomez) - As Amended April 5, 2016


          SUBJECT:  Lactation services and equipment.


          SUMMARY:  Requires the California Department of Public Health  
          (DPH) to coordinate with the Department of Health Care Services  
          (DHCS) to streamline enrollment into the California Special  
          Supplemental Nutrition Program for Women, Infants, and Children  
          (WIC) through the California Health Benefit Exchange (the  
          Exchange); and, requires DPH and DHCS to coordinate on two  
          stakeholder processes, first, to develop measures and outcomes  
          for breastfeeding, and second, to develop and update minimum  
          breast pump and accessory equipment standards.     Specifically,  
          this bill:  


          1)Requires DPH and DHCS to coordinate to develop processes,  
            procedures and an electronic interface for eligibility-related  
            information sharing to streamline enrollment into the WIC  
            program as part of the application process for Medi-Cal and  
            health plans offered through the Exchange.


          2)Requires DPH and DHCS to coordinate through a stakeholder  
            process that includes, but is not limited to representatives  
            from health care providers, primary care clinics, health  
            plans, state and local staff from the WIC program and the  








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            Maternal, Child and Adolescent Health (MCHA)  program, and  
            representatives from organizations representing women, infants  
            and children to do both of the following:


             a)   With respect to prenatal care, develop measures and  
               outcomes for breastfeeding that shall include, at a  
               minimum, women's intention to breastfeed, including ethnic  
               diversity; and, 


             b)   After birth and following discharge from the hospital or  
               other birthing location, develop measures and outcomes for  
               breastfeeding that include, at a minimum, initiation,  
               duration, exclusivity, and ethnic disparities.


          3)Requires DPH and DHCS, no later than January 1, 2018, and  
            every five years thereafter, to coordinate through a  
            stakeholder process to develop and update minimum breast pump  
            and accessory equipment standards for the provision of  
            appropriate and effective breast pumps and accessories.  


          4)Requires the stakeholder process described in 3) above, to  
            include, but not be limited to representatives from health  
            care providers, health plans, primary care clinics, lactation  
            consultants and specialists, state and local staff from the  
            WIC program, and representatives of manufacturers and  
            distributors of breast pumps and accessories.


          EXISTING LAW:  


          1)Establishes DPH to protect and improve the health of  
            communities through education, promotion of healthy  
            lifestyles, and research for disease and injury prevention and  
            requires DPH to include in its public service campaign the  








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            promotion the benefits of mothers breast-feeding their  
            infants.


          2)Requires DPH, to the extent that non-United States Department  
            of Agriculture (USDA) federal funds and private grants or  
            donations are made available, to, no later than July 1, 2008  
            begin expansion of the breast-feeding peer counseling program  
            at local WIC sites.


          3)Requires all general acute care hospitals, and special  
            hospitals providing maternity care to make available a breast  
            feeding consultant, or provide information to the mother on  
            where to receive breast feeding information.


          4)Requires all general acute care hospitals and special  
            hospitals that have a perinatal unit to have an infant-feeding  
            policy that promotes breastfeeding according to the World  
            Health Organization's (WHO) Baby-Friendly Hospital Initiative  
            or the DPH Model Hospital Policy Recommendations.


          5)Establishes the Exchange (also referred to as Covered  
            California) within state government, as an independent public  
            entity not affiliated with an agency or department, and  
            requires the Exchange to compare and make available through  
            selective contracting health insurance for individual and  
            small business purchasers as authorized under the Patient  
            Protection and Affordable Care Act (ACA).  Specifies the  
            powers and duties of the board governing the Exchange, and  
            requires the board to facilitate the purchase of qualified  
            health plans though the Exchange by qualified individuals and  
            small employers.  












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          6)Requires the board to determine the criteria and process for  
            eligibility, enrollment, and disenrollment of enrollees and  
            potential enrollees in the Exchange and coordinate that  
            process with state and local government entities administering  
            other specified health care coverage programs.  



          7)Establishes the Medi-Cal program, which is administered by  
            DHCS, under which qualified low-income persons receive health  
            care benefits and, in part, governed and funded by federal  
            Medicaid program provisions.  Authorizes DHCS to extend  
            continuous Medi-Cal eligibility to children 19 years of age  
            and younger.


          EXISTING FEDERAL LAW under the ACA requires health plans and  
          health insurers to provide coverage for breast pumps at no  
          cost-sharing, as a preventative service.


          FISCAL EFFECT:  This bill has not been analyzed by a fiscal  
          committee.


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, evidence  
            indicates that early infant feeding practices can affect later  
            growth and development in children, while significantly  
            reducing their risk for infections and chronic diseases such  
            as diabetes, asthma and obesity.  The author notes that the  
            United States Surgeon General, and all the major health  
            organizations, including the American Academy of Pediatrics  
            (AAP) and WHO recommend exclusive breastfeeding for most  
            babies, unless specifically contraindicated, for the first six  
            months and continued breastfeeding with the addition of  








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            appropriate foods up to at least one year of age.  The author  
            contends that California has supported breastfeeding policies  
            that increase rates among low-income women and  must continue  
            efforts, and study and collect data relating to breastfeeding  
            exclusivity, initiation, and duration not only in a hospital  
            setting, but at home.  The author also states that California  
            has recognized that low-income and minority women have lower  
            rates when it comes to breastfeeding duration, initiation, and  
            exclusivity.  The author concludes, in order to help to  
            achieve health equity for new mothers and their children, we  
            must expand data collection outside our hospital settings.

          2)BACKGROUND.  


             a)   Breastfeeding rates and recommendations.  California  
               in-hospital infant feeding practices are monitored using  
               data collected by the Newborn Screening (NBS) Program  
               within DPH.  All non-military hospitals providing maternity  
               services are required to complete the Newborn Screening  
               Test Form.  In addition to tracking genetic diseases and  
               metabolic disorders, the NBS Program gathers data on all  
               infant feedings for about 24 to 48 hours since birth.  The  
               MCAH Program staff analyze this data and publish  
               breastfeeding rates by hospital, county and the State.  In  
               addition to the Newborn Screening data, all hospitals with  
               300 or more births are required to report on the Perinatal  
               Core Measure Set, which includes a measure on exclusive  
               breast milk feeding.

             According to the federal Centers for Disease Control and  
               Prevention, breastfeeding rates continue to rise in the  
               United States.  In 2011, 79% of newborn infants started to  
               breastfeed.  Yet breastfeeding does not continue for as  
               long as recommended.  Of infants born in 2011, 49% were  
               breastfeeding at 6 months and 27% at 12 months.

             In the policy statement, "Breastfeeding and the Use of Human  
               Milk," published in the March 2012 issue of Pediatrics, the  








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               AAP reaffirms its recommendation of exclusive breastfeeding  
               for about the first six months of a baby's life, followed  
               by breastfeeding in combination with the introduction of  
               complementary foods until at least 12 months of age, and  
               continuation of breastfeeding for as long as mutually  
               desired by mother and baby.  According to the National  
               Institute of Health, breastfeeding carries many health  
               benefits for infants and mothers, as well as potential  
               economic and environmental benefits for communities.  Among  
               the known health benefits are nutritionally balanced meals,  
               some protection against common childhood infections, and  
               better survival during the first year of life, including a  
               lower risk of Sudden Infant Death Syndrome.  Other studies  
               suggest that breastfeeding may reduce the risk for certain  
               allergic diseases, asthma, obesity, and type 2 diabetes.   
               It also may help improve an infant's cognitive development.

             b)   WIC.  WIC provides Federal grants to states for  
               supplemental foods, health care referrals, and nutrition  
               education for low-income pregnant, breastfeeding, and  
               non-breastfeeding postpartum women, and to infants and  
               children up to age five who are found to be at nutritional  
               risk.  WIC requires breast pumps provided to participants  
               to meet equipment specifications to effectively support  
               breastfeeding. 



             c)   State breastfeeding support and programs.  DPH's MCAH  
               Division and the Genetic Disease Screening Program (GDSP)  
               support DPH efforts to promote breastfeeding.  MCAH  
               programs (Black Infant Health Program, Adolescent Family  
               Life Program, California Home Visiting Program, and Local  
               MCAH) discuss the benefits of breastfeeding; the importance  
               of partner and family support; and connect women to peer  
               support groups and professional lactation consultants as  
               needed.   The Comprehensive Perinatal Services Program  
               provides technical assistance on breastfeeding to health  
               care providers and their staff.  The Regional Perinatal  








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               Programs of California assist hospital with quality  
               improvement efforts to advance the Model Hospital Policies  
               or Baby Friendly Hospital standards. Some Local MCAH  
               Programs provide professional breastfeeding support  
               directly or through community resources, and promote  
               development of additional lactation professionals in the  
               community.  MCAH oversees the Maternal and Infant Health  
               Assessment (MIHA) Survey that tracks breastfeeding measures  
               and outcomes.  GDSP collects in-hospital exclusive  
               breastfeeding initiation and percent of breastfed infants  
               receiving formula supplementation while in the hospital.





          DPH reports "Healthy People 2020" and "California Wellness Plan"  
          promote the increase of California breast feeding rates. DPH's  
          Office of Health Equity's "Portrait of Promise: The California  
          Statewide Plan to Promote Health and Mental Health Equity" cites  
          the benefits of breastfeeding and positive health outcomes.   
          DPH's "Let's Get Healthy California" includes priorities for  
          healthy beginnings and well-being starting with infancy.  



          DPH offers three types of breast pumps to participants:   
          multi-user electric, personal-use electric, and manual.  Under  
          the ACA, private insurers must cover the cost of breast pumps;  
          however, it is up to the plan to decide whether the pump is  
          manual or electric.

             d)   Current nutrition program linkages.  When a family or  
               individual is applying for Medi-Cal or Covered California,  
               the application includes information that identifies the  
               person as eligible for CalFresh.  The system is not  
               completely automated, because the CalFresh application is  
               not auto-populated, but an on-line application is made  
               available and the applicant can fill that out and the  








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               county is notified of the potential CalFresh participant.



          Currently there is no electronic linkage for WIC eligibility in  
          Medi-Cal or Covered California enrollment. The applications  
          provide a statewide toll-free number for mothers to call, where  
          they would receive another number or numbers for a local WIC  
          agency.  The mother would then call that number to find out if  
          they are eligible. 



          According to the proponents of this bill, CalFresh is working to  
          streamline related data sharing, integration and bridging  
          between programs, including Medi-Cal. WIC and CalFresh are  
          working on data sharing and analysis, particularly related to  
          the participation of children.


          3)SUPPORT.  The California WIC Association (WIC Association) is  
            a cosponsor of this bill and states that this bill will help  
            to ensure that California families and young children are  
            utilizing the programs that will provide them the most help,  
            and support their own health and nutrition goals as well as  
            the public health and nutrition goals of California.  The WIC  
            Association also notes that Breastfeeding has been shown to  
            reduce the incidence of obesity while also contributing to  
            numerous other positive health outcomes for mother and child,  
            and California needs to develop and agree upon measures for  
            breastfeeding in order to evaluate how best to support  
            California women in meeting their infant feeding goals. 



          The California Primary Care Association (CPCA) is a co-sponsor  
            and states this bill will empower California moms to  
            breastfeed their babies by streamlining the enrollment process  
            for the WIC Program, crate new metrics to track breastfeeding  








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            rates and health outcomes, and require the state to regularly  
            review breast pump equipment standards and reimbursement  
            rates.  CPCA concludes, with this simple and comprehensive  
            bill we can support strategies to improve breastfeeding  
            initiation, duration, and exclusivity.
          4)PREVIOUS LEGISLATION.  


             a)   SB 402 (De Leon), Chapter 666, Statutes of 2013,  
               requires all general acute care hospitals and special  
               hospitals, that have a perinatal unit by January 1, 2025,  
               to adopt the "Ten Steps to Successful Breastfeeding," as  
               adopted by Baby-Friendly USA, per the Baby-Friendly  
               Hospital Initiative (BFHI), or an alternate process adopted  
               by a health care service plan that includes evidenced-based  
               policies and practices and targeted outcomes, or the Model  
               Hospital Policy Recommendations, as defined.


             b)   SB 502 (De Leon and Pavley), Chapter 511, Statutes of  
               2011, establishes the Hospital Infant Feeding Act requires  
               all general acute care and special hospitals that have a  
               perinatal unit to have an infant-feeding policy, as  
               specified, to clearly post the policy and routinely  
               communicate the policy to perinatal unit staff.


          5)SUGGESTED AMENDMENTS.  As currently drafted this bill requires  
            DPH and DHCS to establish a stakeholder process to update  
            breast pump standards.   However, the ACA has existing minimum  
            requirements for durable medical equipment, which include  
            breast pumps that must be covered by health insurance.  The  
            Committee may wish to remove this requirement, since it  
            appears unnecessary and instead amend the bill as follows:
           
               123363. (a) The State Department of Public Health shall  
               coordinate with the State Department of Health Care  
               Services, through a stakeholder engagement process that  
               shall include, but not be limited to, representatives  








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               from health care providers, primary care clinics, and  
               health plans, state and local staff from the California  
               Special Supplemental Nutrition Program for Women,  
               Infants, and Children (WIC Program) and the Maternal,  
               Child and Adolescent Health program, and representatives  
               from organizations representing women, infants, and  
               children, to do  both of  the following:


                (1)Beginning prenatally and continuing through the  
               postpartum period and at least until the infant reaches  
               one year of age, develop measures and outcomes for  
               breastfeeding rates that include, at a minimum, women's  
               intention to breastfeed, breastfeeding initiation rates,  
               exclusivity and duration, and that identify ethnic  
               disparities and sociodemographic differences.  The  
               stakeholder process shall take no longer than six months,  
               and the recommendations shall be posted on the  
               departments' Websites by January 1, 2018.


                 (1) With respect to prenatal care, develop measures and  
               outcomes for breastfeeding that shall include, at a  
               minimum, women's intention to breastfeed, including  
               ethnic diversity.


               (2) After birth and following discharge from the hospital  
               or other birthing location, develop measures and outcomes  
               for breastfeeding that shall include, at a minimum,  
               initiation, duration, exclusivity, and ethnic  
               disparities.


               (b) No later than January 1, 2018, and every five years  
               thereafter, the State Department of Public Health shall  
               coordinate with the State Department of Health Care  
               Services, through a stakeholder engagement process that  
               shall include, but not be limited to, representatives  








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               from health care providers, health plans, and primary  
               care clinics, lactation consultants and specialists,  
               state and local staff from the WIC Program, and  
               representatives of manufacturers and distributors of  
               breast pumps and accessories, to develop and update  
               minimum breast pump and accessory equipment standards for  
               the provision of appropriate and effective breast pumps  
               and accessories, taking into account the current  
               reimbursement rates for durable medical equipment related  
               to breastfeeding, including any potential need to modify  
               the reimbursement rates.


           REGISTERED SUPPORT / OPPOSITION:




          Support


          California WIC Association (co-sponsor) 
          California Primary Care Association (co-sponsor)
          AltaMed Health Services Corporation
          Ampla Health
          Association of California Healthcare Districts
          BreastfeedLA
          California Academy of Nutrition and Dietetics
          California Advance Lactation Institute
          California Breastfeeding Coalition
          California Food Policy Advocates
          California Nurse-Midwives Association
          Children Now
          Clinica Sierra Vista
          Community Clinic Association of Los Angeles County
          Community Clinic Consortium
          County Health Executives Association of California
          Family Health Centers of San Diego
          Fresno EOC WIC Program








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          Harmony Health
          Health Alliance of Northern California
          Health and Life Organization, Inc.
          Henry Mayo Newhall Hospital
          Kheir Center
          L.A. Trust for Children's Health
          Marin Community Clinics
          Maternal and Child Health Access
          Mountain Valleys Health Centers
          National Health Law Program
          North Coast Clinics Network
          North County Health Services
          North East Medical Services
          Northeast Valley Health Corporation
          Omni Family Health
          Open Door Community Health Centers
          Prevention Institute
          Ravenswood Family Health Center
          Redwood Community Health Coalition
          San Ysidro Health Center
          Solano Public Health WIC Program
          South of Market Health Center
          Strategic Alliance for Healthy Food and Activity Environments
          The Santa Cruz County Breastfeeding Coalition
          Tiburcio Vasquez Health Center, Inc.
          Tulare Reginal Medical Center
          United States Lactation Consultant Association
          Valley Community Healthcare
          Watts Healthcare WIC Program
          Westside Family Health Center
          White Memorial Community Health Center
          One Individual


          Opposition


          None on file.









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