BILL ANALYSIS Ó SB 804 Page 1 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. SB 804 Page 2 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 SB 804 Page 3 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. SB 804 Page 4 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 SB 804 Page 5 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 SB 804 Page 6 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. SB 804 Page 7 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 SB 804 Page 8 Opposition None on file. Analysis Prepared by:Paula Villescaz / HEALTH / (916) 319-2097