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 --