BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: SB 1090 --------------------------------------------------------------- |AUTHOR: |Mitchell | |---------------+-----------------------------------------------| |VERSION: |February 17, 2016 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |April 6, 2016 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Melanie Moreno | --------------------------------------------------------------- SUBJECT : Sexually transmitted diseases: outreach and screening services SUMMARY : Requires the Department of Public Health, to the extent funds are appropriated by the Legislature for these purposes, to allocate funds to counties for sexually transmitted disease outreach and screening services. Existing law: 1)Requires the Department of Public Health (DPH) to develop and review plans and provide leadership and consultation for, and participate in, a program for the prevention and control of "venereal disease." Defines "venereal disease" as syphilis, gonorrhea, chancroid, lymphopathia venereum, granuloma inguinale, and chlamydia. 2)Permits DPH to establish, maintain, and subsidize clinics, dispensaries, and prophylactic stations for the diagnosis, treatment, and prevention of venereal disease. Permits DPH to provide medical, advisory, financial, or other assistance to the clinics, dispensaries, and stations. 3)Permits DPH to furnish treatment for a case or for a group of cases in rural counties or cities upon the recommendation of the local health officer if adequate facilities for the treatment are not available in the county or city. This bill: 1)Requires DPH, to the extent funds are appropriated by the Legislature for these purposes, to allocate funds to counties for sexually transmitted disease (STD) outreach and screening services as follows: SB 1090 (Mitchell) Page 2 of ? a) Counties are targeted and prioritized based on population and incidence of STDs; b) Funds are allocated to targeted counties in a manner that balances the need to spread funding to as many counties as possible and the need to provide meaningful services to each funded county; and, c) Each recipient county demonstrates that it has: identified priority target populations; satisfactorily described its outreach protocols; included community-based partners for outreach and screening; and, allocated resources for laboratory costs. 2)Requires DPH to develop measures for each county funded to demonstrate accountability. Requires DPH to monitor activities in funded counties, based on the accountability measures required in order to assess the effectiveness of outreach and screening efforts. 3)Permits DPH, if a county declines the grant, to solicit proposals from community-based organizations to provide outreach and screening services in accordance with the same mandates and accountability measures applicable to the counties pursuant to 1) above. 4)Requires DPH to authorize innovative and impactful outreach and screening services, including, but not limited to: a) Voluntary screening for STDs among inmates and wards of county adult and juvenile correctional facilities; b) Social media platforms that allow a person to receive test results, share test results with partners, access treatment services and reduce administrative costs; c) State-of-the-art testing modalities that ensure swift and accurate screening for STDs; and, d) Community-based testing and disease investigation. FISCAL EFFECT : This bill has not been analyzed by a fiscal committee. COMMENTS : 1)Author's statement. According to the author, STDs remain a large and persistent public health challenge for the citizens SB 1090 (Mitchell) Page 3 of ? of our state. The increasingly large number of cases makes STDs the most commonly reported communicable disease in California. Exacerbating the problem is the fact that because STDs are often asymptomatic, the burden of the disease is far greater than the number of reported cases. It is astonishing that infections that have been easily preventable and treatable for decades are on the rise in dramatic fashion. We can reverse this deplorable situation through more robust and systematic prevention and health interventions. There is a serious lack of funds directed at this epidemic. However, there is also insufficient statutory direction to DPH in terms of addressing priorities and defining and implementing innovative mechanisms for engaging people who are at greatest risk for exposure to a STD. The consequences of inattention are varied, expensive and often permanent. Not only can a STD lead to infection with HIV, it can lead to infertility, heart and kidney disease and complicated pregnancies. Inadequate attention perpetuates a growing epidemic with increasing costs to society. It is essential that every dollar be spent in ways that have the greatest impact. 2)California data. According to DPH, California ranked first among all states in 2014 for the total number of cases for chlamydia, gonorrhea, syphilis, and congenital syphilis. In 2014, bacterial STDs (chlamydia, gonorrhea, and syphilis) significantly increased. Important disparities persist, with the highest rates found among young people, African-Americans, and gay and bisexual men. Chlamydia remains the most common reportable disease in California. The highest rates were among young women. Rates among African-American teens and young adult women were the highest of any group, and three to five times higher than white young women. Gonorrhea rates continued to increase sharply across all regions of the state. San Francisco, Shasta, and Kern Counties had the highest rates. Racial disparities persisted with rates among African-Americans six times higher than among whites. Early syphilis cases continued to increase across all regions of California, with the vast majority of cases among men who have sex with men. However, the number of cases among females of reproductive age increased by 56% from 2013. Racial disparities continued with African-American male rates being twice as high as among white males. 3)DPH's STD Control Branch. California statute refers to "venereal disease" and "sexually transmitted diseases" for SB 1090 (Mitchell) Page 4 of ? purposes of the work that the STD Control Branch conducts. According to DPH, the STD Control Branch carries out five core functions to address STD prevention and control in California: surveillance, health promotion and education, assessment and assurance of access to and quality of clinical STD services within the jurisdiction, disease investigation and partner services, and communication/policy. The STD Control Branch has developed a contractual scope of work with local health jurisdictions (LHJs), which includes minimum standards for its core functions. The STD Control Branch currently has contracts with 27 counties and one city health jurisdiction (28 of 61 California LHJs); funds are distributed among LHJs according to a data-driven funding allocation formula. The STD Control Branch may, and currently does, subcontract with CBOs. The LHJ contract process allows for funding of CBOs through a subcontract. The funding is earmarked to support a comprehensive scope of work, including STD surveillance and case reporting (which are legally mandated activities of LHJs). Funding for local assistance through this program has remained fairly consistent over the past three years. In fiscal year (FY) 2014-15, DPH distributed $3.2 million (state and federal funds) to locals for STD control activities, in 2015-16, the number was $3.5 million, and the Governor's budget proposes $3.3 million for FY 2016-17. 4)Support. The AIDS Healthcare Foundation (AHF) writes that the lack of resources to address the continuing epidemic of STD infection is profoundly troubling and that the consequences of inattention are varied, expensive, and often permanent. AHF states that from the larger public health perspective, inattention also perpetuates a growing epidemic with increasing costs to society. Other supporters write that the increasingly large number of cases makes STDs the most commonly reported communicable disease in California, and it is unacceptable that a bacterial infection that has been easily preventable and treatable for decades is on the rise in such dramatic fashion. SB 1090 will help reverse these trends by supporting more robust and systematic health interventions and preventions. 5)Policy comments. a) LHJ authority. This bill permits DPH to solicit proposals from CBOs if a county declines a grant. While this bill is limited to funding for outreach and screening, surveillance and surveillance-based disease SB 1090 (Mitchell) Page 5 of ? intervention is a legally mandated function of LHJs. There are also important aspects of local government authority to set policy that a CBO would not be able to fulfill, and a CBO would not be able to take on the authority of a LHJ to conduct surveillance. The author may wish to clarify that any funding provided to a CBO under this bill may supplement, but does not supplant the authority of a LHJ. b) Outdated statute. The statute that authorizes the STD Control Branch's work is Health and Safety Code (HSC) Sections 120500 - 120605, and refers to "venereal disease," which is an outdated term. The current nomenclature is "sexually transmitted diseases" or "sexually transmitted infections." Additionally, the STDs that are the focus of state and local efforts go beyond the diseases listed in current statute. The current key focus of DPH's work is on controlling syphilis, gonorrhea, and chlamydia. However, DPH's focus has changed over the years and may change in the future. Therefore, all references to specific diseases should be removed from statute. The author may wish to amend this bill to update existing statute to define STDs more broadly, such as: "Sexually transmitted diseases are defined as diseases that are primarily transmitted through sexual contact." Current statute (HSC 120520) also provides DPH with authority to "establish, maintain, and subsidize clinics, dispensaries, and prophylactic stations for the diagnosis, treatment, and prevention of venereal diseases, and may provide medical, advisory, financial, or other assistance to the clinics, dispensaries, and stations as may be approved by it." According to DPH, this language is outdated and refers to a time when specialized clinics were established by the DPH and LHJs. DPH no longer directly supports clinics, which are operated exclusively by LHJs. Additionally, only a small number of LHJs operate clinics focused solely on STDs; only 6 of the 11 highest morbidity LHJs have STD clinics. In line with the intent of this bill and the assistance DPH does provide to locals, the author may wish to update current statute to read: "The department may provide medical, advisory, financial, or other assistance to organizations as may be approved by it." c) LHJs vs. counties. This bill requires DPH to SB 1090 (Mitchell) Page 6 of ? allocate funding to counties for STD outreach and screening. However, the public health system in California at the local level consists of 61 LHJs (58 county health departments and three city health departments). The author may wish to amend this bill refer to LHJs rather than counties. SUPPORT AND OPPOSITION : Support: AIDS Healthcare Foundation (sponsor) American Federation of State, County and Municipal Employees, AFL-CIO Planned Parenthood Action Fund of Santa Barbara, Ventura & San Louis Obispo Counties Planned Parenthood Advocates Pasadena and San Gabriel Valley Planned Parenthood Mar Monte Oppose: None received. -- END --