BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    SB 1002             
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          |AUTHOR:        |Monning                                        |
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          |VERSION:       |February 10, 2016                              |
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          |HEARING DATE:  |March 30, 2016 |               |               |
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          |CONSULTANT:    |Teri Boughton                                  |
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           SUBJECT  :  End of Life Option Act:  telephone number

           SUMMARY  :  Requires the Department of Public Health to establish and  
          maintain a toll-free telephone number for the purpose of  
          receiving and responding to inquiries regarding the End of Life  
          Option Act.
          
          Existing law:
          1)Permits, under the End of Life Option Act, a competent,  
            qualified individual who is an adult with a terminal disease  
            to receive a prescription for an aid-in-dying drug if certain  
            conditions are met, such as two oral requests, a minimum of 15  
            days apart, and a written request signed by two witnesses, is  
            provided to his or her attending physician, the attending  
            physician refers the patient to a consulting physician to  
            confirm diagnosis and capacity to make medical decisions, and  
            the attending physician refers the patient to a mental health  
            specialist, if indicated.  

          2)Requires within 30 calendar days of writing a prescription for  
            aid-in-dying drug, the attending physician to submit to the  
            Department of Public Health (DPH) a copy of the qualifying  
            patient's written request, the attending physician checklist  
            and compliance form, and the consulting physician compliance  
            form.  Requires within 30 calendar days following the  
            qualified individual's death from ingestion of the  
            aid-in-dying drug, or any cause, the attending physician to  
            submit the attending physician follow-up form to DPH.



          3)Requires DPH to collect and review the information described  
            in 2) above and to be collected in a manner that protects the  







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            privacy of the patient, the patient's family, and any medical  
            provider or pharmacist involved with the patient under the End  
            of Life Option Act.  


          4)Requires a report beginning on or before July 1, 2017, to be  
            annually posted on DPH's website that includes, but is not  
            limited to, the number of people for whom an aid-in-dying  
            prescription was written, and, the number of known people who  
            died each year for whom an aid-in-dying prescription was  
            written, and the cause of death of those individuals.


          5)Prohibits an insurance carrier from providing any information  
            in communications made about the availability of aid-in-dying  
            drug absent a request by the individual or the individual's  
            attending physician at his or her behest.  Prohibits any  
            communication from including both the denial of treatment and  
            information as to the availability of aid-in-dying drug  
            coverage.  


          6)Requires participation in activities authorized pursuant to  
            the End of Life Option Act to be voluntary, and states that  
            notwithstanding existing law, a person or entity that elects,  
            for reasons of conscience, morality, or ethics, not to engage  
            in activities authorized pursuant to the End of Life Option  
            Act, is not required to take any action in support of an  
            individual's decision under the Act.
          7)Sunsets these provisions on January 1, 2026.

          8)Permits the Medical Board of California to update the  
            attending physician checklist and compliance form, the  
            consulting physician compliance form, and the attending  
            physician follow-up form, as specified, and requires, upon  
            completion, DPH to publish the updated forms on its Internet  
            Web site.


          9)Requires, under existing law that is not the End of Life  
            Option Act, a health care provider when making a diagnosis  
            that a patient has a terminal illness, to notify the patient  
            of his or her right, or, when applicable, the right of another  
            person authorized to make health care decisions for the  
            patient, to comprehensive information and counseling regarding  








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            legal end-of-life options, and upon request, provide the  
            patient or other authorized person with comprehensive  
            information and counseling regarding legal end-of-life care  
            options, as specified.


          10)Requires, if a health care provider does not wish to provide  
            information on end-of-life options, the health care provider  
            to refer or transfer a patient to another health care provider  
            that will provide the requested information, and provide  
            information on procedures to transfer to another health care  
            provider that shall provide the requested information.


          
          This bill:
          1)Requires DPH to establish and maintain a toll-free telephone  
            number for the purpose of receiving and responding to  
            inquiries regarding the End of Life Option Act.

          2)Requires DPH to post the telephone number on its Internet Web  
            site.

          3)Requires the telephone number to operate during DPH's regular  
            business hours and be available to the public.

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

           COMMENTS  :
            
          1)Author's statement.  According to the author, since the provisions  
            included in the End of Life Option Act that was signed into law in  
            2015 made participation in the Act completely voluntary, including  
            the sharing of information about the Act, it is necessary to have  
            a central location for individuals in California to seek  
            information about the law when they have inquiries.

          2)Other Toll Free Information Lines for Consumers.  The Office of  
            the Patient Advocate (OPA) maintains a list of toll free telephone  
            lines for people to use who need help with health care problems.  
            OPA indicates that patients should contact the government agency  
            that oversees the specific program for fastest assistance. If the  
            program information is not known, OPA recommends contacting the  








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            California Consumer Assistance Program which is maintained by the  
            Department of Managed Health Care. There are multiple existing  
            toll-free information lines to assist consumers with issues and  
            respond to inquiries specific to certain agencies and programs  
            such as at the Department of Insurance, U.S. Department of Labor,  
            CalMediConnect, Covered California, Medi-Cal Managed Care,  
            Medi-Cal Mental Health, Medi-Cal Access Program, Medicare, Major  
            Risk Medical Insurance Program, U.S. Department of Veterans  
            Affairs, and the Medical Board of California.  DPH has a toll-free  
            consumer assistance line associated with its licensing and  
            certification program, which licenses, regulates and inspects  
            certain health care facilities.  DPH also has toll-free consumer  
            assistance telephone lines at 15 regional offices. 

          3)Pending Budget Requests. 
          
               a)     DPH.  According to the Senate Budget Subcommittee  
                 analysis of the Governor's 2016-17 proposed budget, DPH  
                 is requesting $323,000 from the Health Statistics Special  
                 Fund in 2016-17, $245,000 in 2017-18 and annually  
                 thereafter, and two permanent positions to meet the new  
                 mandate to establish the End of Life Option Act program  
                 as specified in AB X2 15 (Eggman), Chapter 1, Statutes of  
                 2015. This funding will enable DPH to create a secure  
                 database to implement and administer the program and  
                 provide staffing for the required confidential program  
                 management and reporting duties. DPH requests two  
                 permanent positions to perform confidential program and  
                 reporting duties, including (1) collect forms and data,  
                 enter reports received, and track program utilization and  
                 associated deaths; (2) follow-up with providers regarding  
                 incomplete or missing forms; (3) perform data analysis,  
                 crosscheck decedent deaths with the list of prescribed  
                 participants, and draft various statistical reports; (4)  
                 prepare the annual report mandated by the bill; (5)  
                 maintain program information on the public website and  
                 respond to inquiries regarding program policy; and (6)  
                 update the website as needed, and make reporting forms  
                 available for download from the site. Although the number  
                 of aid-in-dying cases is projected to be small, special  
                 protections for the data will be required because of the  
                 sensitivity of this information. One-time development  
                 costs for the secure database are estimated to be  
                 approximately $88,000, and ongoing yearly maintenance  
                 costs are expected to be $10,000. 








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               b)     DMHC.  According to the Senate Budget Subcommittee  
                 analysis of the Governor's 2016-17 proposed budget, DMHC  
                 is requesting two-year limited-term expenditure authority  
                 of $244,000 for 2016-17 and 2017-18 to meet DMHC's  
                 operational needs in order to address the short-term  
                 workload resulting from the implementation of the End of  
                 Life Option Act.  AB X2 15 does not specify whether  
                 health plans are required to cover aid-in-dying  
                 medication or how a health plan may decline to cover  
                 aid-in-dying medication. Due to the sensitive and  
                 controversial nature of aid-in-dying medication, DMHC  
                 expects a high level of public interest which, over the  
                 next two years, will result in its Office of Legal  
                 Service (OLS) conducting legal research, producing legal  
                 opinions, and promulgating one regulation package to  
                 clarify the issue of coverage. To address this new  
                 workload, OLS requests limited-term expenditure authority  
                 so OLS may hire temporary help to perform short-term  
                 workload from July 1, 2016 through June 30, 2018.  An  
                 Attorney I to review and process legal questions related  
                 to AB X2 15. The review of legal questions encompasses  
                 all tasks necessary to compose the final determination  
                 and present to impacted or requesting divisions. In  
                 addition, this position will be responsible for the  
                 promulgation of regulations pertaining to AB X2 15, which  
                 includes conducting stakeholder meetings, researching and  
                 analyzing policy concerns, drafting regulations, holding  
                 public hearings, and drafting the final rulemaking  
                 documents. A Staff Services Analyst will provide support  
                 and assist the Attorney I with tasks associated with AB  
                 X2 15, such as promulgation of regulations and the  
                 drafting/filing of legal memoranda.
          4)Related legislation.  SB 128 (Wolk and Monning) is similar to  
            ABX2 15.  SB 128 is pending in the Assembly Health Committee.
          
          5)Prior legislation.  ABX2 15 (Eggman), Chapter 1, Statutes of  
            2015, Second Extraordinary Session, established the End of  
            Life Option Act, which will take effect on June 9, 2016.
          
          6)Support.  Proponents write that people at the end of their  
            lives may have difficulty negotiating the various steps of the  
            law.  A hotline at DPH for terminally ill patients and others  
            to access information about the law would be helpful.  Since  
            participation by physicians and health care facilities is  








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            voluntary, some proponents request that the information  
            include access to information where a person could receive  
            compassionate care.  Proponents also indicate that people have  
            many questions about the law and it is important that people  
            have clear, accessible, and accurate information about the  
            law.  
          
          7)Opposition.  Opponents write that this bill would create a  
            "how to" number for elder abuse and coercion. Any interested  
            party, including impatient heirs, could inquire about  
            obtaining, preparing and aiding another person in using the  
            deadly prescription. SB 1002 presents a confused double-minded  
            government policy that would accept both anti-suicide and  
            pro-suicide hot lines. Opponents believe this bill is an  
            expansion of the assisted suicide law that was supposed to be  
            a private matter solely between doctor and patient. Now the  
            state would play a role in the law's promotion. Opponents  
            raise concerns that there is no way to limit callers to people  
            who are terminally ill and that anyone could call, including  
            people who are depressed, and people eager to end the life of  
            a family member. Opponents ask if the state will refer callers  
            to organizations who will assist these callers, including  
            suicide hotlines.
            
          8)Amendments. The author requests amendments be adopted by the  
            Committee to allow for the toll-free line to be available in  
            multiple languages.
          
           SUPPORT AND OPPOSITION :
          Support:  California Commission on Aging
                    California Primary Care Association 
                    Death with Dignity National Center
                    Hemlock Society of San Diego
                    National Association of Social Workers, CA Chapter
                    West Hollywood United Church of Christ
                    100+ Individuals
          
          Oppose:   Alliance of Catholic Health Care 
                    California Catholic Conference, Inc. 
                    California Nurses for Ethical Standards
                    California Right to Life committee, Inc.
                    Crusade for Life, Inc.
                    Disability Rights Education & Defense Fund
                    Life Legal Defense Foundation 
                    Silicon Valley Independent Living Center








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                    100+ Individuals


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