BILL ANALYSIS Ó SB 291 Page 1 Date of Hearing: July 14, 2015 ASSEMBLY COMMITTEE ON HEALTH Rob Bonta, Chair SB 291 (Lara) - As Amended April 28, 2015 SENATE VOTE: 36-1 SUBJECT: Mental health: vulnerable communities. SUMMARY: Requires the Office of Statewide Health Planning and Development (OSHPD) to create a Workforce Needs Assessment to assess the mental health needs of vulnerable communities; amends the definition of vulnerable communities to include individuals who have experienced trauma related to genocide; and, requires the Department of Health Care Services (DHCS) to include stakeholders in vulnerable communities, as defined, in its decision making process, to promote effective and efficient quality mental health services. EXISTING LAW: 1)Establishes OSHPD to collect data and disseminate information about the state's health care infrastructure. Requires OSHPD to prepare a Health Manpower Plan (HMP) to evaluate the supply of health care practitioners; including, physicians; physicians assistants; nurse practitioners; nurses; dentists, dental nurses and hygienists; optometrists and optometry SB 291 Page 2 assistants; and, pharmacists and pharmacy technicians. 2)Requires the HMP to include such elements as the current levels of demand for services in California; the capacity of the personnel listed in 1) above to provide services; and, the extent to which assistants can substitute their services for those of other personnel. Also requires the HMP to determine the adequacy of the current and future supply of health personnel. 3)Establishes the Office of Health Equity (OHE) within the Department of Public Health (DPH) to help improve the health status of all populations and places, with a priority on eliminating health and mental health disparities and inequities. 4)Defines vulnerable communities as including, but not limited to, women; racial or ethnic groups; low-income individuals and families; individuals who are and have been incarcerated; individuals with disabilities; individuals with mental health conditions; children, youth and young adults, and seniors; immigrants and refugees; individuals who are limited-English proficient; lesbian, gay, bisexual, transgender, queer, and questioning communities; or, combinations of these populations. 5)Requires DHCS to provide technical assistance to county mental health programs and other local mental health agencies. Technical assistance can be for program operations, research, evaluation, demonstration, or quality assurance projects. Requires DHCS to utilize a meaningful decision making process that includes local mental health directors and representatives of local mental health boards, as well as other stakeholders as determined by DHCS. SB 291 Page 3 6)Requires state agencies, boards, and commissions which directly or by contract collect demographic data as to the ancestry or ethnic origin of Californians to use separate collection categories and tabulations for each major Asian and Pacific Islander group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Hawaiian, Guamanian, Samoan, Laotian, and Cambodian. FISCAL EFFECT: According to the Senate Appropriations Committee, one-time costs of $600,000 - $700,000 to develop a needs assessment of workforce training and educational needs to meet the mental health needs of vulnerable communities (California Health Data and Planning Fund). No additional costs are anticipated for the OHE to include individuals who have experienced trauma related to genocide in the Office's programs for vulnerable communities. No additional costs are anticipated for DHCS to consult with additional stakeholders. COMMENTS: 1)PURPOSE OF THIS BILL. According to the author, in the last decade, the Legislature has sought to expand access to mental health care. OSHPD, OHE, and DHCS, among other state and local entities, have been charged with carrying out various mental health initiatives. Yet barriers to mental health care remain and community and non-profit organizations that serve individuals suffering from trauma related to genocide struggle to access programs and services administered by these departments. The author states, in particular the Cambodian-American population still suffers from the effects of the Cambodian Genocide that occurred between 1975-1979 and their mental health challenges are multigenerational, SB 291 Page 4 extending beyond the elders who were refugees to the youth who are U.S. born citizens. The author notes the Cambodian community, which has its own unique challenges, is lumped together, if recognized at all, under the Asian Pacific Islander category by the various state departments, and this disenfranchises people who suffer from trauma related to genocide. These individuals have unique challenges that cannot be generalized by any other category and therefore should be separately assessed by state departments. The author concludes, in the interest of continuing the state's goal towards advancing mental health care access, this bill will improve institutional access for Californians who have experienced with trauma related to genocide by improving stakeholder engagement, service delivery, and ultimately access to mental health services. 2)BACKGROUND. a) Health disparities. According to the federal Centers for Disease Control and Prevention, health disparities are preventable differences in the burden of disease, injury, violence, or opportunities to achieve optimal health that are experienced by socially disadvantaged populations. Populations can be defined by factors such as race or ethnicity, gender, education or income, disability, geographic location (e.g., rural or urban), or sexual orientation. Health disparities are inequitable and are directly related to the historical and current unequal distribution of social, political, economic, and environmental resources. SB 291 Page 5 b) Disparities in data collection. According to a 2010 Asian and Pacific Islander American Health Forum Report, in California, data available for Asian Americans (AA) and Native Hawaiians/Pacific Islanders (NHPI) lag far behind data on other racial/ethnic groups. In addition, aggregated AA and NHPI data fail to capture the diversity and differences across subgroups. For example, in the 1980s and 1990s, aggregated AA and NHPI data showed that the group had the lowest incidence of breast cancer across races and ethnicities, which helped lead to a belief that Asian women had significantly lower rates of breast cancer. However, subsequent studies showed that Native Hawaiian women had a very high incidence of breast cancer, second only to white women, whereas Korean women had a very low incidence. The high risk for Native Hawaiians was hidden by the aggregation of data. Asian subpopulations also have varying socioeconomic statuses, which is an important predictor of health access. The Asian & Pacific Islander American Health Forum stated in the report that support for new primary data collection and longitudinal studies are needed to fully capture the diverse social and health assets and needs faced by all the AA and NHPI communities. c) Trauma. According to the California Mental Health Planning Council's 2014 Report on Trauma Informed Care, trauma is a widespread, harmful, and costly public health problem. It occurs as a result of violence, abuse, maltreatment, neglect, loss, disaster, war, and other emotionally harmful experiences. Trauma has no boundaries with regard to age, gender, socioeconomic status, race, ethnicity, geography, or sexual orientation. Traumatic exposures may have only transient effects resulting in no apparent harm; however, traumatic exposures often result in psychological harm, increased rates of mental illness, suicide, risk-taking behaviors, and chronic physical SB 291 Page 6 disorders. Exposure to trauma may increase the likelihood of substance abuse and lead to disruptions in daily functioning in educational and employment settings. Trauma is an almost universally shared experience of people receiving treatment for mental illness and substance use disorders, including those served through public systems. d) DHCS efforts. In March of this year the Senate and Assembly Health Committees held a joint hearing regarding health disparities in California. At that time DHCS informed the Committees that it will soon stratify quality measures by demographic factors. Their goal is to focus quality improvement efforts to eliminate heath disparities and improve quality overall. DHCS is in the process of identifying initial measures to conduct this analysis. Another demographic analysis currently conducted by DHCS is the use of managed care plan grievances and appeals data. DHCS is able to determine if an over-prevalence of grievances and/or appeals exists among a specific demographic group. DHCS has previously collected race and/or ethnicity data when conducting the Consumer Assessment of Healthcare Providers and Systems (CAHPS) survey. This survey is a measure of Medi-Cal beneficiary satisfaction. DHCS reports they will continue to conduct this analysis by race and/or ethnicity and use the CAHPS survey to collect additional demographic factors. 3)SUPPORT. Families in Good Health (FGH) supports this bill stating, in the last 20 years or so there has been a tremendous amount of research done on how trauma and stress SB 291 Page 7 affects brain development and physical and mental health. FGH notes the Cambodian community with its own unique challenges is lumped together, if recognized at all, under the Asian and Pacific Islander (API) category by state departments, and this aggregation of identity does not reveal the real health conditions of the Cambodians in California. The California Immigrant Policy Center supports this bill because it will improve institutional access for community and non-profit organizations that service individuals who suffer from trauma related to genocide. 4)RELATED LEGISLATION. a) AB 176 (Bonta) places specified requirements regarding the collection of demographic data, by the state's public segments of postsecondary education and by state health-related departments, pertaining to tabulation categories of Native Hawaiian, Asian, and Pacific Islander groups. AB 176 is currently pending on the Senate Floor. b) SB 315 (Monning and Ed Hernandez), creates the California Health Access Model Program Two Account within the California Health Facilities Financing Authority Fund to administer a second competitive grant selection process, to fund projects designed to demonstrate specified new or enhanced cost-effective methods of delivering quality health care services to improve access to quality health care for vulnerable populations or communities, or both. SB 315 is pending a hearing in the Assembly Appropriations Committee. 5)PREVIOUS LEGISLATION. SB 291 Page 8 a) AB 411 (Pan), of 2013, would have required DHCS, when entering into a new contract with an External Quality Review Organization (EQRO) for the purpose of performing work associated with Medi-Cal managed care programs, to include in the terms of the contract a requirement that the EQRO stratify all patient-specific Healthcare Effectiveness Data and Information Set measures, by certain characteristics, including geographic area and primary language. AB 411 was vetoed by the Governor who stated that nothing in current law prevents DHCS from requiring EQROs to provide more detailed data by geography, race, ethnicity, or other demographic attribute. He concluded that if DHCS saw a need or benefit that justifies the costs of procuring this additional data, he was confident that they would procure it. b) AB 1088 (Eng) Chapter 689, Statutes of 2011, requires the Department of Industrial Relations and the Department of Fair Employment and Housing to collect and tabulate data for each major Asian group. 6)SUGGESTED AMENDMENT. As currently drafted this bill requires OSHPD to develop a mental health workforce needs assessment based on criteria used to develop a HMP from 20 years ago. This bill also amends the definition of vulnerable communities (under the purview of OHE) to include individuals who have experienced trauma related to genocide. Since OHE is statutorily required to create a strategic plan to eliminate health and mental health disparities, the Committee may wish to amend the bill to delete the outdated reference to the OSHPD HMP and instead require OHE to include representatives from vulnerable communities amongst the stakeholders they seek input from when developing and updating the strategic plan. SB 291 Page 9 REGISTERED SUPPORT / OPPOSITION: Support Cambodian Advocacy Collaborative (sponsor) The Honorable Alan Lowenthal, 47th Congressional District Asian Pacific Environmental Network Asian American Pacific Islander Health Research Group Building Healthy Communities, Long Beach California Council of Community Mental Health Agencies California Immigrant Policy Center California Pan-Ethnic Health Network California Primary Care Association Center for the Pacific Asian Family Children's Defense Fund Community Clinic Association of Los Angeles County Families in Good Health Homeless Innovations Project Khmer Parent Association Kingdom Causes, Long Beach Los Angeles LGBT Center Mental Health America of California Pacific Clinics Santa Clara county Board of Supervisors Southeast Asia Resource Action Center United Cambodian Community Vietnamese Youth Development Center SB 291 Page 10 WISEE Queen Dream Institute Women in Non-Traditional Employment Roles Opposition None on file. Analysis Prepared by:Lara Flynn / HEALTH / (916) 319-2097