BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  June 21, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          SB  
          1095 (Pan) - As Amended May 31, 2016


          SENATE VOTE:  39-0


          SUBJECT:  Newborn screening program.


          SUMMARY:  Requires the Department of Public Health (DPH) to  
          expand statewide screening of newborns to include screening for  
          any disease that is detectable in blood samples as soon as the  
          disease is adopted by the federal Recommended Uniform Screening  
          Panel (RUSP).


          EXISTING LAW: 


          1)Requires DPH to establish a genetic disease unit to coordinate  
            all DPH programs in the area of genetic disease that will  
            promote a statewide program of information, testing, and  
            counseling services and to have the responsibility of  
            designating tests and regulations to be used in executing this  
            program and to have the responsibility of designating tests  
            and regulations to be used in executing the California Newborn  
            Screening Program (CNSP). 

          2)Requires DPH to provide genetic screening and follow-up  








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            services.  Allows DPH to provide laboratory (lab) testing  
            facilities or work with qualified outside labs to conduct  
            testing.

          3)Requires DPH to charge a fee for newborn screening and  
            follow-up services, and requires the amount of the fee to be  
            periodically adjusted in order to meet the costs of CNSP. 

          4)Requires DPH to evaluate and prepare recommendations on the  
            implementation of tests for the detection of hereditary and  
            congenital diseases, including, but not limited to,  
            biotinidase deficiency and cystic fibrosis.  Requires DPH to  
            also evaluate and prepare recommendations on the availability  
            and effectiveness of preventative follow-up interventions,  
            including the use of specialized medically necessary dietary  
            products.  

          5)Requires statewide screening of newborns to include tandem  
            mass spectrometry screening for fatty acid oxidation, amino  
            acid, and organic acid disorders and congenital adrenal  
            hyperplasia.  Requires screening of newborns to include  
            screening for severe combined immunodeficiency, as soon as  
            possible. 

          6)Requires DPH to expand statewide screening of newborns to  
            include screening for adrenoleukodystrophy (ALD) as soon as  
            ALD is adopted by the federal RUSP.

          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:





          1)One-time costs of $2.4 million and ongoing costs of $4.3  
            million per year to screen for two diseases (MPS-1 and Pompe  
            disease) that have already been approved for inclusion in the  
            federal RUSP (Genetic Disease Testing Fund).  The ongoing  








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            costs above would cover initial screening tests, follow up  
            tests for positive results, and initial case management for  
            confirmed diagnoses.  Adding these two conditions would  
            require an increase in the existing $113 fee charged for  
            screening by about $9.  Most health insurance, including  
            Medi-Cal, cover the costs of the screening fee.



          2)Ongoing costs of about $2.5 million per year for coverage of  
            the increased screening fee by the Medi-Cal program (General  
            Fund and federal funds).  Medi-Cal covers the cost of the  
            screening exam and Medi-Cal pays for about 50% of the births  
            in the state.



          3)Unknown future costs to include additional diseases in the  
            state's newborn screening program as they are added to the  
            federal RUSP (Genetic Disease Testing Fund).  The costs to  
            include additional diseases will vary depending on the  
            specific costs for testing of that disease.  In recent years,  
            anticipated costs to include additional diseases in the  
            state's newborn screening program have generally been in the  
            low millions per condition, per year.



          4)Likely long-term savings due to improved clinical outcomes  
            from early testing and treatment (various funds).  When  
            considering whether to include additional diseases in the  
            RUSP, the federal advisory committee considers issues such as  
            the reliability of the screening test, the availability of  
            treatments, the benefits of early diagnosis, and the  
            anticipated impact on health outcomes from additional  
            screening.  Specific information about the long-term impacts  
            on health outcomes or avoided health care costs are often not  
            available, because the diseases that are considered for  
            inclusion are rare and treatments are evolving rapidly.   








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            However, new diseases are added when the advisory committee  
            finds that there are benefits from screening, primarily the  
            ability to avoid long-term health consequences with early  
            intervention. Therefore, it is reasonable to believe that  
            including additional diseases that have been approved by the  
            federal government will reduce state health care spending in  
            the long-run.



          COMMENTS:


          1)PURPOSE OF THIS BILL.  According to the author, newborn  
            screening for rare diseases is a critical, cost-effective  
            public health intervention, as diagnosing diseases at birth  
            leads to earlier medical intervention.  In turn, early  
            treatment saves and improves children's and families' lives  
            and reduces medical costs by eliminating or ameliorating the  
            devastating consequences of rare and treatable diseases.   
            California's current approach to reviewing and approving  
            screening for additional diseases has created a lag behind  
            current medical recommendations.  A study in the journal  
            Pediatrics found that California saves $9.32 in health care  
            costs for every dollar spent on newborn screening.
          
          2)BACKGROUND.  In 1966 California began its CNSP with the  
            testing of phenylketonuria.  Since its creation, the CNSP has  
            been expanded several times as new discoveries are made and  
            tests developed and now screens for more than 70 disorders.   
            Diseases have been continually added through regulation and  
            legislation.  The last disease added by statute was ALD in  
            2014.  ALD was added to the RUSP in February of 2016.



             a)   RUSP.  The Advisory Committee on Heritable Disorders in  
               Newborns and Children (HDN Committee) is established by  
               federal law for the purpose of making recommendations and  








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               changes to the RUSP.  The mission of the HDN Committee is  
               to reduce morbidity and mortality in newborns and children  
               who have, or are at risk for, heritable disorders.  The HDN  
               Committee advises the Secretary of the U.S. Department of  
               Health and Human Services (HHS) on the most appropriate  
               application of universal newborn screening tests,  
               technologies, policies, guidelines, and standards.  The HDN  
               Committee recommends that every newborn screening program  
               include a Uniform Screening Panel that screens for 32 core  
               disorders and 26 secondary disorders; the disorders'  
               selection was determined using available scientific  
               evidence, availability of a screening test, presence of an  
               efficacious treatment, adequate understanding of the  
               natural history of the condition, and whether the condition  
               was either part of the differential diagnosis of another  
               condition or whether the screening test results related to  
               a clinically significant condition. 

             b)   CNSP.  Prior to leaving the hospital, a few drops of  
               blood from the newborn's heel are collected on filter  
               paper.  The newborn screening test should be done when the  
               baby is at least 12 hours of age but before six days of  
               age.  The ideal time to do the test is when the baby is  
               between 24 and 48 hours of age.  Blood collected before 12  
               hours of age is not always reliable for some metabolic  
               diseases.  The sample is sent to one of eight regional labs  
               that contract with the DPH for testing.  The results are  
               sent to DPH for data collection and quality control.   
               Parents obtain the test results from the baby's doctor or  
               clinic.  It takes about two weeks for the doctor to receive  
               the written results.  If the baby needs more tests, parents  
               get a letter or a phone call a few days after discharge  
               from the hospital.  Positive test results are immediately  
               telephoned to a follow-up coordinator at one of the Newborn  
               Screening Area Service Centers throughout the state.  The  
               coordinator contacts the newborn's physician to arrange for  
               repeat testing.  If repeat testing determines that the baby  
               has a disorder, the coordinator will supply the latest  
               clinical information on diagnosis and treatment and assist  








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               with referrals to special care.  In 2009-10, approximately  
               520,000 newborns were screened for 75 genetic disorders.   
               Approximately 9,200 or under 2% were classified as positive  
               or questionable and were referred for follow-up testing or  
               services. 

             Disorders screened for by the CNSP have varying degrees of  
               severity.  If identified early many of these conditions can  
               be treated before they cause serious health problems.   
               Treatments may include medication, dietary supplements,  
               avoidance of fasting and/or special diet and comprehensive  
               care to reduce morbidity and mortality.  The test screens  
               for specific diseases in the following groups:

               i)     Metabolic:  chemical reactions in the body to create  
                 energy and build tissue;
               ii)    Endocrine:  hormones that affect body functions;


               iii)   Hemoglobin:  red blood cells that carry oxygen;


               iv)    Other genetic diseases;


               v)     Cystic Fibrosis; and,


               vi)    Severe Combined Immunodeficiency.



               CNSP disorders cause delays in development, neurological  
                 damage, dehydration, incorrect sex assignment, mental  
                 retardation, and death if not treated at an early newborn  
                 age.  In California about one out of every 600 babies  
                 tested will have one of these conditions or diseases.
               
          3)SUPPORT.  The California Hospital Association states that the  








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            bill provides a forward thinking approach to properly and  
            thoughtfully expanding newborn screening by providing that  
            California screen for diseases that are detectable in blood  
            samples and listed on the RUSP as certified by the HHS  
            Secretary.  The RUSP list is periodically updated through a  
            thorough, deliberative review process involving a committee of  
            experts in newborn screening.  By allowing California to take  
            advantage of the work done by these medical experts, we can  
            remove the obstacles to needed testing and minimize the  
            suffering that comes from untreated diseases.

          The EveryLife Foundation for Rare Diseases (EveryLife) states  
            that the bill provides a much needed, practical, science-based  
            approach to improving public health for all of California's  
            Children. The bill allows for the earliest diagnosis of  
            disease and access to potentially life-saving and  
            life-altering treatments for babies. Early treatment is vital  
            in ensuring the best possible life-altering health outcomes  
            for children. In many cases, early detection can avert costly  
            and risky medical procedures later in life. A study in the  
            journal Pediatrics found that California saves $9.32 in health  
            care costs for every dollar spent on newborn screenings.  
            EveryLife states that this bill will ensure that babies born  
            in California, particularly those that will be affected by  
            debilitating and life-threatening diseases, are diagnosed and  
            treated at the earliest age possible and without  
            unconscionable delay. This approach is critical for improving  
            health outcomes for children and providing the brightest  
            future for all babies born in California.
          
          4)OPPOSITION.  The California Right to Life, Inc. argues that  
            this bill does not correct the issue of the limited ability to  
            opt out of the screening program for religious beliefs or  
            practices and may even bring discrimination against parents or  
            guardians who do opt out.


          5)OPPOSE UNLESS AMENDED.  DPH states that if it is required to  
            expand the current NBS program to include other diseases as  








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            soon as a disease is adopted by the RUSP, it will need  
            additional time to plan and implement a quality screening  
            program that addresses all of the issues addressed in the  
            public health feasibility and readiness assessments provided  
            to the Secretary of Health and Human Services as part of the  
            approval process for new RUSP diseases.


          6)RELATED LEGISLATION.  AB 170 (Gatto), would require DPH to  
            provide information about the genetic disease screening tests  
            and obtain a signed informational acknowledgment form for the  
            receipt of information by the parent or guardian of a newborn  
            child regarding the storage, retention, and use of the newborn  
            child's blood sample for medical research.  AB 170 is pending  
            in the Senate Health Committee.


          7)PREVIOUS LEGISLATION.  





             a)   AB 1559 (Pan), Chapter 565, Statutes of 2014, requires  
               DPH to expand statewide screening of newborns to include  
               screening for ALD.  



             b)   SB 224 (Walters) of 2013 would have required DPH, until  
               January 1, 2019, to expand the screening of newborns in  
               Orange County to include screening for Krabbe disease.  SB  
               224 was held in the Assembly Appropriations Committee.



             c)   SB 1072 (Strickland) of 2012 would have required DPH,  
               until January 1, 2018, to expand statewide screening of  
               newborns to include screening for Hurler syndrome and  








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               Krabbe disease.  SB 1072 was held in the Senate  
               Appropriations Committee.



             d)   SB 1731 (Block), Chapter 336, Statutes of 2012,  
               establishes the Newborn Critical Congenital Heart Disease  
               (CCHD) Screening Program and requires hospitals, beginning  
               July 1, 2013, to offer a pulse oximetry test for the  
               identification of CCHD to parents of newborns prior to  
               discharge. 



             e)   AB 395 (Pan), Chapter 461, Statutes of 2011, expands  
               statewide screening of newborns to include screening for  
               severe combined immunodeficiency. 



             f)   SB 1103 (Committee on Budget and Fiscal Review), Chapter  
               228, Statutes of 2004, expands statewide screening of  
               newborns to include tandem mass spectrometry screening for  
               fatty acid oxidation, amino acid, organic acid disorders,  
               and congenital adrenal hyperplasia. 



             g)   AB 442 (Committee on Budget), Chapter 1161, Statutes of  
               2002, requires hospitals to collect fees associated with  
               any tests conducted under CNSP.

             h)   SB 537 (Greene), Chapter 1011, Statutes of 1998,  
               requires DPH to establish a program to provide extended  
               newborn genetic screening services for persons who elect to  
               have, and pay for, the additional screening.











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          REGISTERED SUPPORT / OPPOSITION:




          Support



          EveryLife Foundation for Rare Diseases (sponsor)


          Acid Maltase Deficiency Association (AMDA)


          Aidan Jack Seeger Foundation


          ALD Connect, Inc.


          American Behcet's Disease Association


          Amour Fund - Alpha Epsilon Omega Foundation


          Angels for Life Foundation


          Batten Disease Support & Research Association


          Biocom


          Brian's Hope








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          Bridge the Gap - SYNGAP Education and Research Foundation


          California Hospital Association


          California Academy of Physicians Assistants


          Children's PKU Network


          Chronic Granulomatous Disease Association


          Coalition Duchenne


          County Health Executives Association of California


          Cure Sanfilippo Foundation


          DiMedio Foundation for Children


          Drew'sHope Research Foundation


          Engage Health, Inc.


          Fabry Support & Information Group


          Friedreich's Ataxia Research Alliance








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          Gene Giraffe Project


          Gene Spotlight, Inc.


          Global Genes


          Grace Science Foundation


          Hannah's Hope Fund


          Hope4Bridget


          Hunter Syndrome Foundation


          Immune Deficiency Foundation


          International Pemphigus & Pemphigoid Foundation


          International Society for Mannosidosis and Related Diseases


          International Waldenstrom's Macroglobulinemia Foundation


          Jeffrey Modell Foundation


          Jett Foundation








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          Jonah's Just Begun Foundation to Cure Sanfillipio


          LAL Solace, Inc.


          Leukemia Lymphoma Society


          Little Miss Hannah Foundation


          Lung Transplant Foundation


          Lupus and Allied Diseases Association


          Lymphatic Malformation Institute


          Lysosomal Disease Network


          March of Dimes


          MPS 6CESS Foundation


          Muscular Dystrophy Association


          National Leiomyosarcoma Foundation


          National Lymphedema Network








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          National Organization for Rare Disorders


          National PKU Alliance


          National Tay-Sachs & Allied Diseases Association


          Nicholas Conor Institute


          Noah's Hope


          NTM Info & Research, Inc.


          Olivia's Heart Project


          Organic Acidemia Association


          Oxalosis and Hyperoxaluria Foundation


          Parent Project Muscular Dystrophy


          Pediatric Hydrocephalus Foundation


          Phoenix Fox Foundation


          Pulmonary Fibrosis Advocates








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          Rare & Undiagnosed Network


          Rare Disease United Foundation


          Reflex Sympathetic Dystrophy Syndrome Association


          Sanfilippo Foundation for Children


          Save Babies Through Screening Foundation


          Saving Case & Friends, a Hunter Syndrome research & advocacy  
          foundation


          Stop ALD Foundation


          Taylor's Tale


          Team Niemann-Pick Type C


          The Mastocystosis Society


          The MLD Foundation


          The Myelin Project










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          The National MPS Society


          The Orphan Disease Pathway Project


          The OsteoPETrosis Society


          The RASopathies Network


          The Ryan Foundation


          The XLH Network, Inc.


          United Leukodystrophy Foundation


          Vanishing White Matter Disease


          Wired4Life


          Zeqing for a Cure




          


          Opposition
          California Right to Life Committee, Inc.










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          Analysis Prepared by:Paula Villescaz / HEALTH / (916)  
          319-2097