BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2640


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          Date of Hearing:   April 19, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          AB 2640  
          (Gipson) - As Amended March 16, 2016


          SUBJECT:  Public Health:  HIV.


          SUMMARY:  Requires a medical care provider or person  
          administering a test for human immunodeficiency virus (HIV) to  
          inform individuals who test negative for HIV infection, yet are  
          at high risk for HIV infection, of the effectiveness and safety  
          of all federal Food and Drug Administration (FDA) -approved  
          methods that prevent or reduce the risk of contracting HIV,  
          including pre-exposure prophylaxis (PrEP) and post-exposure  
          prophylaxis (PEP), consistent with guidance of the federal  
          Centers for Disease Control and Prevention (CDC).


          EXISTING LAW:  


          1)Requires a medical provider or person administering a test for  
            HIV, after receiving results indicating no infection for a  
            patient who is at high risk for HIV infection, to advise the  
            patient of the need for periodic retesting and explain the  
            limitations of current testing technology and the current  
            window period for verification of results.


          2)Establishes the Office of AIDS (OA) within the Department of  








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            Public Health (DPH), to coordinate state programs, services,  
            and activities related to HIV/acquired immune deficiency  
            syndrome (AIDS).


          3)Establishes the AIDS Drug Assistance Program within DPH to  
            subsidize the cost of AIDS drugs for persons who do not have  
            private health coverage, are not eligible for Medi-Cal, or  
            cannot afford to purchase the drug privately.  Indicates that  
            the subsidy program is to be funded by state and federal  
            sources.


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


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, this bill  
            seeks to reduce the spread of HIV and save the lives of  
            individuals at high risk of HIV exposure by providing them  
            with information about preventive medications during HIV  
            post-test counseling.  The author notes that in 2013,  
            California was second among the 50 states in the number of new  
            HIV diagnoses, with approximately 5,000 new HIV diagnoses, and  
            a 2015 survey of individuals at risk for HIV by the California  
            HIV/AIDS Research Program found that only one in 10  
            respondents had ever used PrEP.  The author concludes,  
            considering the high volume of new HIV infections being  
            diagnosed in the state of California and the low awareness of  
            these medications, it is critical that those being tested are  
            aware of PEP and PrEP medications.


          2)BACKGROUND.  










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             a)   Treatment as Prevention (TasP), PrEP, and PEP.  In TasP,  
               people living with HIV/AIDS use anti-retroviral (ARV)  
               medications to reduce their viral load (the amount of HIV  
               in the body) to undetectable levels.  With an undetectable  
               viral load, the amount of HIV in the body is so small it  
               greatly reduces the likelihood of passing the virus to  
               another person.  Strict adherence to TasP reduces the  
               likelihood of transmission by up to 96%. 

             PrEP is a new intervention that uses an established ARV  
               medication, Truvada to protect at-risk HIV-negative  
               individuals from HIV infection.  PrEP is different from  
               PEP; the medication is taken before, not after possible  
               exposure.  Daily PrEP use can lower the risk of getting HIV  
               from sex by more than 90% and from injection drug use by  
               more than 70%.  Missing doses reduces PrEP effectiveness.   
               Truvada is currently the only FDA drug approved for HIV  
               PrEP.

             PEP uses ARV medications to prevent HIV from replicating and  
               spreading through the body after an exposure to the virus.   
               PEP is a short-term (28-day) intervention and must be  
               started within three days of an exposure - sooner, if  
               possible - to be effective.  PEP was originally developed  
               for occupational exposures, such as needle-sticks in  
               hospitals, but is also effective for sexual exposures.  

             b)   Public awareness and use of PrEP.  In 2015, the CDC  
               estimated that one in four sexually active gay and bisexual  
               men, one in five people who inject drugs, and one in 200  
               sexually active heterosexual adults meet the criteria for  
               PrEP.  In 2015, the California HIV/AIDS Research Program  
               conducted a survey of 602 young gay and bisexual men and  
               found that only one in 10 had ever taken PrEP.  Although  
               awareness of the intervention was high among those who had  
               never taken PrEP, awareness was significantly lower among  
               Black and Latino respondents compared to white respondents.  
                In addition, the large majority of respondents indicated  








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               they had never talked to their doctor or healthcare  
               provider about PrEP.



             Another recent study found that few doctors are prescribing  
               PrEP to those who could benefit.  The study found that out  
               of more than 1,000 gay and bisexual men, only 83 reported  
               using PrEP. The author of the study concluded, "The  
               majority of gay men who are good candidates for PrEP are  
               not on the medication, and many haven't spoken to their  
               medical providers about PrEP.  We need to get conversations  
               going, and in general promote more open dialogue between  
               doctors and patients regarding sexual health."  The  
               findings are from One Thousand Strong, a three-year  
               observational study of a U.S. national sample of gay and  
               bisexual men ages 18 to 80 that is now underway. 

             In its November 24, 2015 Morbidity and Mortality Weekly  
               Report, the CDC estimated that 1.2 million Americans could  
               benefit from PrEP, including 492,000 men who have sex with  
               men (MSM), 115,000 injection drug users, and 624,000  
               heterosexuals.  The report concludes that clinical  
               organizations, health departments, and community-based  
               organizations should raise awareness of PrEP among persons  
               with substantial risk for acquiring HIV infection and their  
               health care providers.

             The FDA first approved the use of ARVs as a form of HIV  
               prevention for at-risk, HIV-negative individuals in 2012.   
               Various studies have since demonstrated the efficacy of  
               PrEP among different populations, however, African American  
               MSM lag behind in PrEP use despite their disproportionate  
               HIV incidence and prevalence.
             
             c)   HIV in America.  More than 1.2 million people in the  
               United States are living with HIV infection, and almost one  
               in eight (12.8%) are unaware of their infection.  Gay,  
               bisexual, and other MSM, particularly young African  








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               American MSM, are most seriously affected by HIV.  By race,  
               African Americans face the most severe burden of HIV.



             Over the past decade, the number of people living with HIV  
               has increased, while the annual 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.

             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.

             The OA 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.

             People living with HIV/AIDS have an estimated life expectancy  
               of 32 years after infection and that number is increasing.   
               According to OA, with treatment costs averaging around  
               $23,000 per year, lifetime treatment is currently estimated  
               at around $740,000 or more per person.  With that estimate,  
               the 6,000 new infections per year in California will cost  
               an estimated $4.5 billion to treat.  

             d)   Research supporting PrEP use.  On May 14, 2014, the U.S.  
               Public Health Service released the first comprehensive  
               clinical practice guidelines for PrEP.  This followed the  
               earlier publication of brief interim guidelines that were  
               based on findings from several large national and  
               international clinical trials.  Those trials evaluated PrEP  
               among gay and bisexual men, heterosexual men and women, and  
               injection drug users.  All participants in the trials  
               received pills containing either PrEP or placebo, along  








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               with intensive counseling on safe-sex behavior, regular  
               testing for sexually transmitted diseases, and a regular  
               supply of condoms.  In all of the studies, the risk of  
               getting HIV infection was lower-up to 92% lower-for  
               participants who took the medicines consistently than for  
               those who did not take the medicines. 


             
             e)   CDC guidelines on PrEP.  The most recent federal  
               guidelines for health care providers recommend that PrEP be  
               considered for people who are HIV-negative and at  
               substantial risk for HIV infection.  For sexual  
               transmission, this includes anyone who is in an ongoing  
               relationship with an HIV-positive partner.  It also  
               includes anyone who is not in a mutually monogamous  
               relationship with a partner who recently tested  
               HIV-negative, and, is a gay or bisexual man who has had  
               anal sex without a condom or been diagnosed with asexually  
               transmitted disease in the past six months; or, a  
               heterosexual man or woman who does not regularly use  
               condoms during sex with partners of unknown HIV status who  
               are at substantial risk of HIV infection (e.g., people who  
               inject drugs or have bisexual male partners).



             For people who inject drugs, this includes those who have  
               injected illicit drugs in past six months and who have  
               shared injection equipment or been in drug treatment for  
               injection drug use in the past six months.  Health care  
               providers should also discuss PrEP with heterosexual  
               couples in which one partner is HIV-positive and the other  
               is HIV-negative as one of several options to protect the  
               partner who is HIV-negative during conception and  
               pregnancy.  

             The CDC is currently updating recommendations about use of  
               PEP for HIV prevention.








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             f)   Cost of PrEP and PEP.  Costs for PrEP may include  
               payment for the medication as well as payment for required  
               medical visits and laboratory tests.  While most public and  
               private insurance companies cover PEP and PrEP  
               prescriptions, there is high variability in out-of-pocket  
               costs such as deductibles or co-pays.  Some health plans  
               cover PrEP at a lower, generic co-pay, while others place  
               it in a specialty, or higher, more expensive tier.  For  
               individuals without any insurance coverage, the cost is  
               approximately $12,000 - $15,000 per year.  There are  
               currently several payment assistance programs available  
               through both the manufacturer and community groups that can  
               help individuals without insurance, and those with high  
               out-of-pocket costs through their insurance company.



             g)   DPH PrEP Navigator Services Program.  In the 2015-2016  
               Budget Act, the California Legislature appropriated $2  
               million annually (General Fund, $1.764 million in local  
               assistance, $236,000 for state support) to DPH to establish  
               a PrEP Navigator Services Program to "?ensure access for  
               and serve the most vulnerable Californians at high risk for  
               HIV." The primary client target for the PrEP Navigator  
               Services Programs are gay, bisexual, transgender, or other  
               MSM, transgender women who have sex with men, and partners  
               of HIV-positive people with a detectable viral load and/or  
               inconsistent antiretroviral use.  Special emphasis is to be  
               placed on young gay and bisexual men, young transgender  
               women, and gay and bisexual men and transgender women of  
               color.



             The PrEP Navigator Services programs established through this  
               funding are meant to identify, conduct outreach, and  
               provide culturally competent services to target  
               populations, provide assistance to participants allowing  








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               them to access, enroll in, and utilize insurance or patient  
               assistance programs to pay for PrEP, link to PrEP  
               providers, and support adherence to PrEP and PrEP-related  
               follow-up participants.

             As a result of a statewide request for applications, on March  
               3, 2016 OA announced the nine applicants that were selected  
               to receive funding for the PrEP Navigator Services Program  
               are as follows:

                 i)       AltaMed Health Services Corporation;
                 ii)      Asian Health Services;


                 iii)     Desert AIDS Project;


                 iv)      Friends Research Institute, Inc.;


                 v)       Humboldt County Department of Health and Human  
                   Services;


                 vi)      Kern County Public Health Services Department;


                 vii)     La Clinica de la Raza, Inc.;


                 viii)    Alta Bates Summit Medical Center; and,


                 ix)      Tarzana Treatment Centers.


          3)SUPPORT.  AIDS Project Los Angeles and the Los Angeles LGBT  
            Center are the cosponsors of this bill and they state that  
            awareness and use of PrEP and PEP among Californians at risk  








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            for HIV remain extremely low.  They note that in 2015 the  
            California HIV/AIDS Research Program conducted a survey of  
            young gay and bisexual men and found that only one in 10 had  
            ever taken PrEP, and although awareness of the intervention  
            was high overall, awareness was significantly lower among  
            black and Latino respondents compared to white respondents.   
            The proponents also note the majority of respondents lacked  
            the information needed to make a decision about using PrEP,  
            did not know where to access PrEP, and that few respondents  
            had ever talked to their doctor or healthcare provider about  
            PrEP.  They conclude it remains vital to ensure that all  
            individuals at risk for HIV receive accurate information about  
            PrEP and PEP, particularly highly-impacted communities of  
            color.   



          Equality California states that given the effectiveness of PrEP  
            and PEP, it is now critically important to ensure that  
            individuals receiving an HIV test are also provided with  
            accurate information about the benefits of these  
            interventions. 
          4)OPPOSITION.  The AIDS Healthcare Foundation (AHF) states that  
            HIV screening is intended to mirror other screening tests,  
            which require simple consent only and which do not burden the  
            process with additional activities that may or may not be  
            necessary.  AHF asserts that its experience as the largest  
            private tester in the state is that the more time and demands  
            placed on the person it is encouraging to be tested, the more  
            likely the person is to decline.  AHF also notes that  
            guidelines for prevention and risk reduction are fluid, based  
            on the most recent advice from the CDC and DPH, and that  
            information to be shared must be dictated by the needs and  
            circumstances of the person being tested.  Finally, AHF  
            contends that recent changes to California law that allowed  
            for disclosure of a negative HIV test result on a secure  
            website already minimizes the interaction between the tester  
            and the test subject post-testing and makes the conveying of  
            any more than the most basic information in current law less  








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            likely to be useful.



          The California Medical Association (CMA) is opposed to this bill  
            stating, increased awareness of preventative treatment options  
            for HIV should be a public health goal, however, it is  
            concerned that the increased medical resources required to  
            accomplish the goal of this bill are not worth the benefit of  
            the mandate.  CMA notes that many preventative treatment  
            options are not appropriate for every patient, and this bill  
            would require a physician to inform the patient of a treatment  
            option the physician might actually recommend against.  CMA  
            also notes that a physician is already required to provide a  
            patient who tests positive with treatment and counseling  
            options as well as mandated to schedule follow up appointments  
            with relevant specialists.  CMA concludes, for patients who  
            test negative for HIV, it believes it is best left to the  
            physician's clinical judgment as to what preventative  
            treatment options should be given to the patient.

          The California Hospital Association (CHA) opposes codifying  
            standards of practice and interfering in the physician-patient  
            relationship by legislating what information a physician  
            should tell a patient.  CHA states this bill would eliminate  
            the physician's medical judgment as to what information or  
            treatment is in the best interest of the patient.  CHA also  
            contends that this bill would eliminate the medical provider's  
            option to refer the patient to another, more appropriate  
            physician for prevention counseling and explains, the option  
            to refer the patient to another physician is very important -  
            many physicians who may order an HIV test, such as hospital  
            emergency physicians and psychiatrists, do not routinely treat  
            infectious disease patients as part of their practice.  They  
            instead refer such patients to internal medicine physicians or  
            infectious disease specialist who keep themselves up-to-date  
            on the most recent pronouncements and guidance from the FDA  
            and the CDC.   CHA concludes that medical discussion should be  
            between the patient and the physician.








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          5)RELATED LEGISLATION.  AB 2439 (Nazarian) would require every  
            hospital emergency department, if it otherwise draws blood  
            from a patient, to offer to test that blood for HIV with the  
            patients consent.  AB 2439 is pending in the Assembly Health  
            Committee.


          6)PREVIOUS LEGISLATION.  


             a)   AB 446 (Mitchell), Chapter 589, Statutes of 2013,  
               revises requirements related to information provided at the  
               time an HIV test is administered and after the test results  
               are received; requires informed consent, as specified,  
               either orally or in writing, except when a person  
               independently requests an HIV test from an HIV counseling  
               and testing site, as specified; requires documentation of  
               the person's independent request for the test and exempts  
               clinical laboratories from the informed consent  
               requirements; requires every patient who has blood drawn at  
               a primary care clinic, as defined, who has consented to the  
               test, to be offered an HIV test; and, authorizes disclosure  
               of HIV test results by Internet posting or other electronic  
               means if the HIV test subject is anonymously tested.


             b)   AB 491 (Portantino) of 2011 would have allocated state  
               and federal funds to test persons for HIV, would have  
               specified that an HIV counselor is a medical care provider,  
               and would have authorized a clinical laboratory test result  
               of a negative HIV antibody test to be posted on a secure  
               website if specified conditions were met.  AB 491 was  
               amended to deal with a different subject matter.





             c)   AB 1894 (Krekorian), Chapter 631, Statutes of 2008,  








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               requires health care service plans and disability insurers  
               selling health insurance to offer testing for HIV  
               antibodies and AIDS, regardless of whether the testing is  
               related to a primary diagnosis.



             d)   AB 682 (Berg), Chapter 550, Statutes of 2007, revises  
               the written and informed consent standards associated with  
               testing blood for HIV, including prenatal HIV testing, to  
               no longer require affirmative approval prior to  
               administering an HIV test.  Establishes the new HIV testing  
               consent standard as the right to decline the test,  
               providing that medical care providers present specified  
               information to the individual about treatment options and  
               the individual's right to decline the test, and the medical  
               care provider notes in the chart when the patient declines  
               to be tested.  Exempts HIV testing at an alternative test  
               site, as part of an autopsy, or when part of scientific  
               research from these provisions.

          7)SUGGESTED AMENDMENT.  As currently drafted, this bill requires  
            the medical provider or person who administers an HIV test to  
            provide a patient who tests negative for HIV with information  
            on the effectiveness and safety of all FDA approved methods  
            that prevent or reduce the risk of contracting HIV, including  
                                                                                        PrEP and PEP.  While it is a valid goal to improve awareness  
            and use of PrEP and PEP, that treatment may not be appropriate  
            for every patient.  The Committee may wish to amend this bill  
            to instead require that written information be provided to all  
            persons who test negative regarding all methods that prevent  
            or reduce the risk of contracting HIV, including, but not  
            limited to, PrEP and PEP.














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          REGISTERED SUPPORT / OPPOSITION:




          Support



          AIDS Project Los Angeles (cosponsor) 
          Los Angeles LGBT Center (cosponsor) 
          Access Support Network
          Bienestar Human Services, Inc.
          Black AIDS Institute
          California Primary Care Association
          Community Clinic Association of Los Angeles County
          Desert AIDS Project
          Equality California
          Free Speech Coalition
          Friends Community Center
          Gender Health Center
          JWCH Institute
          Our Family Coalition
          Positive Women's Network
          Project Inform
          San Francisco AIDS Foundation
          Tarzana Treatment Centers, Inc.
          UCLA Center for Behavioral and Addiction Medicine


          Opposition



          AIDS Healthcare Foundation
          California Hospital Association
          California Medical Association









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