BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 999          Hearing Date:    April 4,  
          2016
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          |Author:   |Pavley                                                |
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          |Version:  |March 29, 2016                                        |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sarah Huchel                                          |
          |:         |                                                      |
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             Subject:  Health insurance:  contraceptives:  annual supply


          SUMMARY:  Authorizes a pharmacist to dispense a 12-month supply of  
          United States Food and Drug Administration (FDA)-approved,  
          self-administered hormonal contraceptives (SAHC) and requires  
          insurance to cover the cost. 

          Existing law:
          
          1) Establishes the Board of Pharmacy (BOP) to administer the  
             Pharmacy Law. (Business and Professions Code (BPC) Sections  
             4000 et seq.) 

          2) Authorizes a pharmacist to dispense a 90-day supply of a  
             dangerous drug other than a controlled substance pursuant to  
             a valid prescription that specifies an initial quantity of  
             less than a 90-day supply under certain circumstances.   
             Prohibits a pharmacist from dispensing a greater supply if  
             the prescriber indicates otherwise.  (BPC § 4064.5)  

          3) Authorizes a pharmacist to furnish SAHC in accordance with  
             standardized procedures or protocols.  (BPC § 4052.3)

          This bill:

          1) Makes findings related to the benefits of providing a  
             12-month supply of FDA-approved SAHC. 








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          2) Provides an exception to the prohibition on pharmacists  
             dispensing no more than a 90-day supply of a dangerous drug  
             for FDA-approved SAHC.    

          3) Requires that a prescription for FDA-approved SAHC be  
             dispensed as provided on the prescription, including, but not  
             limited to, a prescription for a 12-month supply.

          4) Authorizes a pharmacist furnishing FDA-approved SAHC pursuant  
             to a protocol to dispense, at the patient's request, up to a  
             12-month supply at one time.

          5) Requires every health care service plan contract and every  
             group or individual policy of disability insurance, except  
             for a specialized health insurance policy, that is issued,  
             amended, renewed, or delivered on or after January 1, 2017,  
             to cover a 
          12-month supply of FDA-approved SAHC dispensed by a prescriber  
             or pharmacy at one time to an enrollee.

          6) States that if a 12-month supply of FDA-approved SAHC is  
             dispensed onsite at a location licensed or otherwise  
             authorized to dispense drugs or supplies, the health care  
             service plan or insurer shall cover the 12-month supply.

          7) States that no reimbursement is required by this bill  
             pursuant to the California Constitution.

          FISCAL  
          EFFECT:  Unknown.  This bill has been keyed "fiscal" by  
          Legislative Counsel.  
          
          COMMENTS:
          
          1.Purpose.  This bill is sponsored by Planned Parenthood  
            Affiliates of California, California Family Health Council,  
            and NARAL Pro-Choice California.  According to the Author,  
            "This bill seeks to address the lack of consistent access to  
            prescription contraception in California.  California has  
            required insurance coverage for prescription medications since  
            1998, but many hurdles to providing consistent coverage  
            remain.  

             "Specifically, this bill addresses current barriers to  








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             obtaining consistent, uninterrupted contraception.  Under  
             current law, health insurance companies and plans must limit  
             their coverage of birth control to a one- or three- month  
             supply.  This practice can lead to unwanted gaps in birth  
             control use and an increased incidence of unintended  
             pregnancies.  Inadequate supplies of birth control are  
             particularly problematic for many women who have  
             unpredictable work hours, difficulty accessing  
             transportation, or other barriers preventing them from  
             getting to a pharmacy or clinic."   

          2.Background.  Pharmacies are constrained by state law from  
            providing more than a three-month supply of SAHC pursuant to a  
            prescription.  However, certain clinics that dispense SAHC  
            through a Medi-Cal program, Family Planning, Access, Care and  
            Treatment (PACT), may provide up to a year's supply.  This  
            provided an ideal environment to study the effects of an  
            increase in SAHC supply on unintended pregnancies.        

             The results were published in a 2011 edition of Obstetrics  
             and Gynecology, the medical journal of the American College  
             of Obstetricians and Gynecologists (ACOG).  In the "Number of  
             Oral Contraceptive Pill Packages Dispensed and Subsequent  
             Unintended Pregnancies," researchers found that women who  
             received a full year's worth of pills at one time were 30  
             percent less likely to have an unintended pregnancy than  
             women who received either a one-month or three-month supply  
             of pills.  There was no definitive reason for this reduction  
             in unintended pregnancies, but analysts believe that several  
             factors contributed including:  (1) having a larger supply on  
             hand reduced the opportunity for lapse in dosages due to the  
             need to restock, and (2) each visit to get more SAHC was an  
             opportunity to reconsider taking it -- an extensive supply  
             reinforced the idea that this method of birth control was  
             effective and safe.  

             Although a minority of women have complications from SAHCs,  
             such as blood clots, AGOG determined in a 2012 report that  
             the risk of getting a blood clot from a SAHC is less than it  
             is for a clot during or immediately following pregnancy.  If  
             these results were to be borne across the state, significant  
             individual health benefits and financial savings could be  
             realized by preventing unintended pregnancies.     









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          3.Endorsements and Other States' Practices.  

             a)   The United States Centers for Disease Control (CDC)  
               recommended that women be provided with a year's supply of  
               SAHC in its publication, "U.S. Selected Practice  
               Recommendations for Contraceptive Use, 2013:  Adapted from  
               the World Health Organization Selected Practice  
               Recommendations for Contraceptive Use, 2nd Edition."  

             b)   ACOG recommended that payment and practice policies  
               support providing individuals with a 3- to 13-month supply  
               of oral contraceptives in January 2015.

             c)   On February 5, 2015, the California Department of Health  
               Care Services began requiring all Medi-Cal managed care and  
               their delegates to pay for 12 month dispensing for SAHC.  

             d)   Oregon and the District of Columbia passed laws in 2015  
               authorizing a 12 month supply of SAHC.   

          4.Arguments in Support.   Planned Parenthood Affiliates of  
            California  write, "On behalf of Planned Parenthood Affiliates  
            of California and the more than 115 health centers throughout  
            the state, we are pleased to support SB 999 (Pavley).  This  
            bill would require all health care service plans and health  
            insurers to cover up to 
          12-months of FDA-approved self-administered hormonal  
            contraceptives when dispensed at one time. 

             "This bill will improve access to contraceptives by allowing  
             a woman to receive a year's supply of prescribed hormonal  
             contraceptives rather than requiring her to return every 30  
             to 90 days to obtain a refill.  For birth control to be  
             effective, consistency is essential.  For many women,  
             particularly those who live in low income rural areas,  
             receiving only short supply of contraception can impede their  
             ability to use birth control on a consistent basis.  
             Additionally, studies show that dispensing a 12-month supply  
             of birth control at one time reduces a woman's odds of having  
             an unintended pregnancy by 30%. 

             "This bill makes dispensing a 12-month supply of birth  
             control a best practice in the commercial and Medi-Cal  
             managed care settings and for these reasons, we strongly  








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             support SB 999 (Pavley) and urge your AYE vote when it is  
             heard in the Senate Business, Professions and Economic  
             Development Committee."


          5.Arguments in Opposition.  The  California Catholic Conference,  
            Inc.  writes, 
          "SB 999 would reduce the standard of care for women seeking help  
            and information regarding the variety of proven contraception  
            methods available.  If the author's rationale for this bill is  
            to reduce the number of pregnancies in our state, then women  
            ought to also be made aware of other safe and effective  
            pregnancy-prevention methods, such as natural family planning,  
            which is a medically endorsed tool for couples to making  
            parenting decisions, especially those struggling with  
            contraceptive-related infertility issues.  Natural techniques  
            respect the dignity of the human person through emphasizing  
            shared responsibility, intimate communication, and mutual  
            respect."  

             Association of California Life and Health Insurance Companies   
            writes, "While we appreciate the author's intent and are  
            supportive of medication adherence, we do not believe that  
            dispensing a full year of birth control at one time is a  
            practical solution.  The consequences of this measure could  
            very well result in the duplication of coverage by different  
            insurers, and an increase in wasted medication.  

            "Additionally, for similar reasons as stated above, we are  
            concerned that the bill does not specify that for new  
            medication, an insurer may require a patient to try an initial  
            30 or 90 day supply prior to filling the 12 month supply.   
            Without incorporating a mandatory trial period, it is  
            inevitable that we will see a rise in unused medication as  
            some women will choose to switch medications due to unexpected  
            side effects, or even a change in the desire or need to use  
            contraceptives.  In all of these instances the 12 month supply  
            would likely end up either partially used or altogether  
            unused, which inevitably would increase the amount of  
            pharmaceutical waste."  

          6.Related Legislation.   SB 1193  (Hill) extends the sunset date  
            on the BOP until 2021. (  Status  :  This bill is pending in  
            Senate Business, Professions and Economic Development  








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            Committee.)
          
          7.Prior Related Legislation.   SB 493  (Hernandez, Chapter 469,  
            Statutes of 2013) expanded the scope of practice of a  
            pharmacist to recognize an "advanced practice pharmacist";  
            permited pharmacists to furnish certain hormonal  
            contraceptives, nicotine replacement products, and  
            prescription medications for travel, as specified; and  
            authorized pharmacists to independently initiate and  
            administer certain vaccines and treatments for severe allergic  
            reactions.  

          
           NOTE  :  Double-referral to the Senate Committee on Health which will  
          address the health insurance implications of this measure. 
          

          SUPPORT AND OPPOSITION:
          
           Support of bill as introduced 2/10/16:  

          Planned Parenthood Affiliates of California (Sponsor)
          California Family Health Council (Sponsor)
          NARAL Pro-Choice California (Sponsor)
          American Civil Liberties Union of California
          American College of Obstetricians and Gynecologists
          American Medical Women's Association
          Asian Law Alliance
          Bayer
          California Academy of PAs
          California Medical Association
          California Primary Care Association
          California Religious Coalition for Reproductive Choice
          California Women's Law Center
          Citizens for Choice
          Community Action Fund of Planned Parenthood of Orange and San  
          Bernardino 
               Counties
          Health Access California
          National Association of Social Workers, California Chapter
          Physicians for Reproductive Health
          Planned Parenthood Action Fund of Santa Barbara, Ventura, and  
          San Luis Obispo 
          Planned Parenthood Advocates Pasadena and San Gabriel Valley








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          Planned Parenthood Mar Monte
          Planned Parenthood Northern California Action Fund

           Opposition to bill as introduced 2/10/16:  

          Association of California Life and Health Insurance Companies
          California Association of Health Plans
          California Catholic Conference, Inc.
          California Right to Life Committee 
          America's Health Insurance Plans

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