BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  July 7, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          SB  
          804 (Committee on Health) - As Introduced March 26, 2015


          SENATE VOTE:  39-0


          SUBJECT:  Health.


          SUMMARY:  Makes technical and conforming changes to specific  
          sections of the Health and Safety Code and the Welfare and  
          Institutions Code.  Specifically, this bill:  


          1)Updates obsolete references to county mental health directors  
            and county drug and alcohol program administrators by  
            referring to them as county behavioral health directors and/or  
            the County Behavioral Health Directors Association (CBHDA). 


          2)Requires the Department of Health Care Services (DHCS) to  
            report to the Legislature with quarterly updates on caseload,  
            estimated expenditures, and related program monitoring data  
            for the Every Woman Counts (EWC) Program. 


          3)Deletes references to a non-profit hospital service plan from  
            inclusion as a fiscal intermediary, prepaid health plan, or  
            group health coverage. 








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          4)Makes technical changes to ensure individuals that can prove  
            their homeless status are not subject to any fee when  
            requesting a certified record of live birth. 


          5)Deletes the sunset date of the California Office of Health  
            Information Integrity (CalOHII).  


          EXISTING LAW:   


          1)Regulates provision of programs and services relating to  
            mental health and alcohol and drug abuse at the state and  
            local levels. 

          2)Requires DHCS, no later than January 10 and concurrently with  
            the May Revision of the annual Budget, to provide the fiscal  
            committees of the Legislature with an estimate package for the  
            EWC Program for early detection of breast and cervical cancer.

          3)Establishes the California Department of Public Health (DPH)  
            and sets forth its powers and duties, including, but not  
            limited to, duties as State Registrar relating to the uniform  
            administration of provisions relating to vital records and  
            health statistics.

          4)Requires, on or after July 1, 2015, each local registrar or  
            county recorder to issue, without a fee, a certified record of  
            live birth to any person who can verify his or her status as a  
            homeless person or a homeless child or youth, as defined.

          5)Permits CalOHII to assume statewide leadership, coordination,  
            policy formulation, direction, and oversight responsibilities  
            for Health Insurance Portability and Accountability Act  
            implementation, and exercises full authority relative to state  
            entities to establish policy, provide direction to state  








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            entities, monitor progress, and report on implementation  
            efforts.
          6)Repeals CalOHII on June 30, 2016.

          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, annual costs of $3.7 million ($2.4 million General  
          Fund and $1.3 million reimbursements) to extend indefinitely the  
          operations of the Office of Health Information Integrity.


          COMMENTS:


          1)PURPOSE OF THIS BILL.  According to the author, last year the  
            Legislature decided unanimously to assist individuals enduring  
            difficult times in their efforts to get back on their feet by  
            not subjecting homeless adults or youth to a fee when  
            requesting a certified record of live birth.  The author  
            states that nearly every government program or social service  
            programs that these individuals so desperately need, require  
            some form of identification, including a birth certificate.   
            This bill will further clarify that homeless individuals are  
            not subject to any surprise fees as they seek the  
            documentation needed to access social services programs.



            The author also states that this bill will also extend the  
            sunset date of the CalOHII indefinitely.  CalOHII has focused  
            on making confidential health information available in the  
            most secure ways and the sunset date has continued to be  
            extended.  The author concludes that at a time when  
            confidentiality, particularly of personal health information,  
            is paramount, the work done by CalOHII will be needed in the  
            immediate and distant future.


          2)BACKGROUND.  









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             a)   County Behavioral Health Directors Association of  
               California.  As of 2004, California administered its  
               alcohol, drug and mental health programs in two separate  
               agencies, the now-defunct Departments of Alcohol and Drug  
               Programs (ADP) and Mental Health (DMH).  The California  
               Performance Review published in its 2004 report a set of  
               recommendations for developing a more efficient and  
               effective government.  One of the recommendations included  
               consolidating the management of the behavioral health  
               programs to improve coordination of county administered  
               services to persons suffering from both mental illness and  
               substance use disorders.  Ultimately, ADP was folded into  
               DHCS and some functions of DMH were also folded into DHCS  
               while others were incorporated into the newly formed  
               Department of State Hospitals.  Similarly, on July 1, 2014  
               the County Mental Health Directors Association (CMHDA) and  
               the County Alcohol and Drug Program Administrators  
               Association of California (CADPAAC) became the CBHDA to  
               also reflect the need to integrate mental health and drug  
               and alcohol use services. 



             b)   Every Woman Counts Program.  The EWC Program provides  
               free clinical breast exams, mammograms, pelvic exams, and  
               Pap tests to California's underserved women.  The mission  
               of EWC is to save lives by preventing and reducing the  
               devastating effects of cancer for Californians through  
               education, early detection, diagnosis and treatment, and  
               integrated preventive services, with special emphasis on  
               the underserved.  In 2010, DPH was required to provide the  
               fiscal committees of the Legislature detailed estimate  
               packages in the Governor's January and May budget proposals  
               each year for the EWC program.  DPH was also required to  
               provide the appropriate policy and fiscal committees of the  
               Legislature with quarterly reports that include all  
               expenditure data available for this program.  In 2012, the  
               EWC Program was transferred from DPH to DHCS and is now  








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               required to provide the fiscal committees with similar  
               estimate packages that were once provided by DPH.  This  
               bill will require DHCS to provide the appropriate policy  
               and fiscal committees with the quarterly updates for the  
               EWC program that were once provided by DPH.



             c)   Vital records.  The base fee for a copy of a birth  
               certificate was $12 and counties were allowed to raise the  
               fee to cover the costs of modernizing vital record  
               operations and improving the collection and analysis of  
               health related birth and death certificate information  
               (costs ranged on average from $23 to $28.)  With the  
               enactment of AB 1733 (Quirk-Silva, Atkins, Maienschein),  
               Chapter 764, Statutes of 2014, beginning on or after July  
               1, 2015, local registrars or county recorders will be  
               required to issue a birth certificate without a fee to  
               homeless persons.



               Concerns of language ambiguity have been raised about the  
               reference to a fee.  The intent of AB 1733 was clear that  
               no individual who can prove his or her homeless status is  
               subject to a fee for requesting a birth certificate.  The  
               sponsors of AB 1733 are concerned that, as drafted a search  
               fee, separate from an issuance fee, could be charged.  This  
               bill will clarify that a birth certificate will be  
               provided, upon verification of housing status without any  
               fee to a homeless adult or youth.





          3)SUPPORT.  The California State Association of Counties (CSAC)  
            states in support that the merging of the organizations CMHDA  
            and CADPAAC is a reflection of the integration of the mental  








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            health and substance use disorder agencies at the county level  
            and general understanding that these areas are often  
            interdependent of each other and the people they serve.


          4)PREVIOUS LEGISLATION.  





             a)   SB 1465 (Committee on Health), Chapter 442, Statutes of  
               2014, among other provisions, deleted obsolete references  
               to nonprofit hospital service plans in two provisions of  
               Medi-Cal law.



             b)   AB 1733 requires each local registrar or county  
               recorder, without a fee, to issue a certified record of  
               live birth to any person who can verify his or her status  
               as a homeless person or a homeless child or youth and a  
               homeless services provider that has knowledge of a person's  
               housing status shall verify a person's status for the  
               purposes of exemption from a fee.  AB 1733 also requires  
               DPH to develop an affidavit attesting to an applicant's  
               status as a homeless person or homeless child or youth and  
               that the affidavit is not complete until signed by both the  
               person making the request for the record and the homeless  
               services provider with knowledge of the person's housing  
               status.



             c)   AB 82 (Committee on Budget), Chapter 23, Statutes of  
               2013, requires DHCS, no later than January 10 and  
               concurrently with the release of the May Revision, to  
               provide the fiscal committees of the Legislature with an  
               estimate package for the EWC Program.








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          d)AB 1467 (Committee on Budget), Chapter 23, Statutes of 2012,  
            extends the sunset on CalOHII until June 30, 2016.  AB 1467  
            also transferred the EWC Program, the Prostate Cancer  
            Treatment Program, and the Family PACT Program from DPH to the  
            DHCS.
             e)   SB 853 (Committee on Budget and Fiscal Review), Chapter  
               717, Statutes of 2010, required DPH to include detailed  
               estimate packages in the Governor's January and May budget  
               proposals each year for the Women Infant and Children  
               Program, Licensing and Certification Program, and the EWC  
               Program.  SB 853 also required DPH to provide the  
               appropriate fiscal and policy committees of the Legislature  
               with quarterly reports that include all expenditure data  
               available for this program.



          REGISTERED SUPPORT / OPPOSITION:




          Support


          California State Association of Counties


          County Behavioral Health Directors Association of California


          Housing California












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          Opposition


          None on file.




          Analysis Prepared by:Paula Villescaz / HEALTH / (916)  
          319-2097