BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1174


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          Date of Hearing:  June 28, 2016


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                  Rudy Salas, Chair


                     SB 1174(McGuire) - As Amended June 22, 2016


          SENATE VOTE:  36-3


          NOTE: This bill is double-referred, having been previously heard  
          by the Assembly Committee on Health on June 21, 2016 and  
          approved on a 13-0 vote.


          SUBJECT:  Medi-Cal:  children:  prescribing patterns:   
          psychotropic medications


          SUMMARY:  Requires the Medical Board of California (MBC) to  
          conduct an analysis of data regarding Medi-Cal physicians and  
          their prescribing patterns of psychotropic medications for  
          foster youth using data provided by the Department of Health  
          Care Services (DHCS) and the Department of Social Services  
          (DSS), as specified.  Requires that the data be shared pursuant  
          to a data-sharing agreement and would require that, every 3  
          years, the MBC, DHCS, and the DSS consult and revise the  
          methodology, if determined to be necessary.  Requires the DHCS  
          to disseminate guidelines on an annual basis via email to any  
          prescriber, as specified.  Requires the MBC to handle on a  
          priority basis investigations of repeated acts of excessive  
          prescribing, furnishing, or administering psychotropic  
          medications to a minor, as specified.









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           EXISTING LAW:   


          1)Establishes the MBC within the Department of Consumer Affairs  
            (DCA) to license and regulate physician and surgeons and the  
            Medical Practice Act (Act).  (Business and Profession Code  
            (BPC) § 2000 et seq.)


          2)Requires the MBC to take action against a physician and  
            surgeon who is charged with unprofessional conduct, as  
            specified.  (BPC § 2234)
          3)Requires MBC to prioritize its investigative and prosecutorial  
            resources to ensure that physicians and surgeons representing  
            the greatest threat of harm are identified and disciplined  
            expeditiously.  Requires cases involving excessive  
            prescribing, furnishing or administering of controlled  
            substances, or repeated acts of prescribing, dispensing or  
            furnishing of controlled substance without a good faith prior  
            examination of the patient and medical reason to be handled as  
            a high priority.  Prohibits physicians and surgeons from being  
            prosecuted for excessive prescribing when prescribing,  
            furnishing or administering controlled substances for  
            intractable pain as authorized under current law.  (BPC §  
            2220.05(a)(3))


          4)Requires the MBC to indicate in its annual report the number  
            of temporary restraining orders, interim suspension orders,  
            and disciplinary actions that are taken in each priority  
            category, including those in 3) above.  (BPC § 2220.05(c))


          5)Authorizes a physician and surgeon to prescribe for, or  
            dispense or administer to, a person under his or her treatment  
            for a medical condition dangerous drugs or prescription  
            controlled substances for the treatment of pain or a condition  
            causing pain, including, but not limited to, intractable pain.  








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             Provides that a physician and surgeon shall not be subject to  
            disciplinary action for prescribing, dispensing, or  
            administering dangerous drugs or prescription controlled  
            substances according to certain requirements.  Authorizes the  
            MBC to take any action against a physician and surgeon who  
            violates laws related to inappropriate prescribing.  Provides  
            that a physician and surgeon shall exercise reasonable care in  
            determining whether a particular patient or condition, or the  
            complexity of a patient's treatment, including, but not  
            limited to, a current or recent pattern of drug abuse,  
            requires consultation with, or referral to, a more qualified  
            specialist.  (BPC § 2241.5)


          6) Provides that only a juvenile court judicial officer  
             shall have authority to make orders regarding the  
             administration of psychotropic medications for a minor  
             is a dependent of the court and removed from the  
             physical custody of his or her parent.  Requires the  
             Judicial Council to adopt rules of court and develop  
             appropriate forms.  (Welfare and Institutions Code (WIC)  
             § 369.5)

          7)Establishes a program of public health nursing in the child  
            welfare services (CWS) program that provides health-related  
            case management services from a foster care public health  
            nurse to coordinate with CWS workers to provide health care  
            services to children in foster care.  Includes among the  
            duties of public health nurses the monitoring and oversight of  
            psychotropic medications.  (WIC § 16501.3)
          8)Requires DSS, in consultation with DHCS, and other specified  
            stakeholders to develop county-specific monthly reports that  
            describe each child for whom one or more psychotropic  
            medications have been paid for under Medi-Cal, including paid  
            claims and managed care encounters.  Requires DSS to develop  
            training, in consultation DHCS and various other agencies that  
            may be provided to county child welfare social workers and  
            others that addresses the use of psychotropic medications.   
            (WIC § 16501.4)  








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          THIS BILL: 


          9)Adds repeated acts of clearly excessive prescribing,  
            furnishing, or administering psychotropic medications to a  
            minor without a good faith prior examination and medical  
            reason therefor to the list of cases that MBC must prioritize  
            for investigation and prosecution. 


          10)Requires MBC to conduct on a quarterly basis an analysis of  
            Medi-Cal physicians and their prescribing patterns of  
            psychotropic medications and related services using data  
            provided quarterly by the DHCS in collaboration with the DSS.   



          11)Requires that analysis to include, but not be limited to, the  
            child welfare psychotropic medication measures and the  
            Healthcare Effectiveness Data and Information Set measures  
            related to psychotropic medications.  


          12)Requires the data concerning psychotropic medications and  
            related services to be shared pursuant to a data sharing  
            agreement meeting the requirements of all applicable state and  
            federal laws and regulations.  


          13)Requires MBC, DHCS, and DSS to consult and revise the  
            methodology every three years, if determined to be necessary.


          14)Requires the data provided to the MBC pursuant to 4) and 5)  
            above include a breakdown by population of all of the  
            following:









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             a)   Children prescribed psychotropic medications in managed  
               care and fee-for-service settings;



             b)   Children adjudged as dependent children, as specified,  
               and placed in foster care; and, 



             c)   A minor adjudged a ward of the court who has been  
               removed from the physical custody of the parent and placed  
               into foster care.
          15)Specifies that the data provided to the MBC must include  
            total rate and age stratifications that include the following:
             a)   Birth to five years of age, inclusive;
             b)   Six to 11 years of age, inclusive; and,


             c)   Twelve to 17 years of age, inclusive.


          16)Requires the data provided to the MBC to include the  
            information in 7) above for each prescriber with a pattern of  
            prescribing that includes one or more of the following:
             a)   Prescriptions for any class of psychotropic medication  
               for a child who is five years of age or younger;



             b)   Prescriptions for concurrent administration of two or  
               more antipsychotic medications that exceed 60 days;



             c)   Prescriptions for concurrent administration of three or  
               more psychotropic medications exceeding 60 days; and,









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             d)   Prescriptions for a dosage that exceeds the amount  
               recommended for children.



          9)Requires that the data provided to MBC pursuant to 2) above  
            include the following information on each identified  
            prescriber:



             a)   Prescriber name, specialty, location, and contact  
               information;



             b)   The child's gender and year of birth; 



             c)   List of the psychotropic medications prescribed,  
               diagnosis, and the medication start and end date;



             d)   Unit of the medication(s), quantity of the  
               medication(s), the days supply, and prescription fill date:  
               and, 



             e)   The child's weight.



          10)Requires the MBC on a quarterly basis to review the data  
            provided pursuant to 1) through 5) above in order to determine  








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            if any potential violations of law or excessive prescribing of  
            psychotropic medications inconsistent with the standard of  
            care exist and, if warranted, to conduct an investigation.  



          11)Requires the DHCS to disseminate guidelines on an annual  
            basis via email to any prescriber who meets the data  
            requirement threshold for prescribing of psychotropic  
            medications to children and adolescents, as specified.



          12)Requires the MBC to take disciplinary action if after an  
            investigation, the MBC concludes that there was a violation of  
            law, as specified.



          13)Requires the MBC to take action, as appropriate, if after an  
            investigation the MBC concludes that there was excessive  
            prescribing of psychotropic medications inconsistent with the  
            standard of care, as specified. 



          14)Requires, beginning July 1, 2017, the MBC to report annually  
            to the DHCS, DSS, and the Legislature the results of the  
            analysis of data. 

          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, this bill will result in: 


          1)Ongoing costs up to $280,000 per year for the DHCS to analyze  
            prescription drug claims data and compile required information  
            for the Medical Board.  The DHCS's information technology  
            systems contain prescription drug claims data (when combined  
            with information from the DSS on foster care placements) to  








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            provide the data required to fulfill the requirements in the  
            bill.  The DHCS indicates that it will need two additional  
            staff positions to compile the required data, stratify it into  
            the required data categories, and report to the Medical Board.  




            However, as part of recent efforts to reduce overprescribing  
            of psychotropic medications to foster youth, the DHCS has been  
            working with the DSS and counties to identify foster youth  
            being prescribed such medications.  The Governor's budget  
            proposal includes an additional permanent position to continue  
            this work.  If approved by the Legislature, that new position  
            may be able to also perform some or all of the requirements of  
            this bill as well.





          2)Uncertain costs for the MBC to review the information provided  
            by the DHCS and investigate instances where excessive  
            prescribing may be occurring.  According to the MBC, its staff  
            is already reviewing data provided by the DHCS to look for  
            cases of excessing prescribing.  However, to the extent that  
            such data analysis does uncover instances of excessing  
            prescribing, this would lead to increased costs for  
            investigations and potential disciplinary action by the MBC.   
            While those instances of excessing prescribing may already be  
            actionable by the MBC under current law and regulation, the  
            data analysis required in the bill makes such investigations  
            more likely to occur.



            Unknown potential cost savings in the Medi-Cal program due to  
            reduced inappropriate utilization of psychotropic medications  
            by foster youth.  To the extent that this bill contributes to  








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            ongoing efforts to reduce inappropriate use of those drugs by  
            Medi-Cal beneficiaries, the bill is likely to reduce spending.  
             Ongoing efforts in other states to reduce inappropriate  
            prescribing have substantially reduced the use of these  
            frequently expensive medications.  The amount of any decrease  
            in spending that could be attributed to this bill is  
            uncertain, in part because there are several efforts underway  
            by the state and the counties to reduce inappropriate  
            prescribing of psychotropic drugs to foster youth. 


          


          COMMENTS:  





          Purpose.  This bill is sponsored by the  National Center for  
          Youth Law  .  According to the author, "Over the past fifteen  
          years, the rate of foster youth prescribed psychotropic  
          medication has increased 1,400 percent.  Nearly 1 in 4  
          California foster teens are prescribed psychotropic drugs; of  
          those nearly 60 percent were prescribed an anti-psychotic - the  
          powerful drug class most susceptible to debilitating side  
          effects.  While the Child and Family Services Improvement and  
          Innovation Act of 2011 requires each state to oversee and  
          monitor the use of psychotropic medications with children in  
          care, there are currently no requirements to identify those who  
          are over prescribing medication to foster youth.  The State of  
          California has not been monitoring over prescribing because the  
          data collection and data sharing system is not in place.  Given  
          the State has a responsibility to monitor the administration of  
          these drugs and to ensure the health and well-being of foster  
          children, we should implement a process that provides the  
          appropriate oversight for these powerful medications.  SB 1174  
          will establish a formal process for the [MBC] to responsively  








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          review and confidentially investigate psychotropic medication  
          prescription patterns among California children."


          


          Background.  Psychotropic Medications Prescribed to Foster  
          Youth.  According to information obtained from the Child Welfare  
          Indicator Project, over the past fifteen years, the rate of  
          foster youth prescribed psychotropic medication has increased  
          1,400 percent.  Nearly 1 in 4 California foster teens are  
          prescribed psychotropic drugs; of those nearly 60 percent were  
          prescribed an anti-psychotic - the powerful drug class most  
          susceptible to debilitating side effects.


          A number of factors contribute to the potential for  
          inappropriate psychotropic prescribing practices including: 


                 A lack of access to effective non-pharmacological  
               interventions and a reliance on medications to quickly  
               control difficult behaviors;
                 An inadequate supply of child behavioral health  
               specialists with training in evidence-based,  
               trauma-informed practices;


                 Limited clinical knowledge among child welfare case  
               workers about appropriate psychotropic medication use;


                 A lack of coordination across providers and  
               child-serving agencies; and,


                 Aggressive, effective pharmaceutical marketing and  
               financial incentives that drive prescribing.








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          In November of 2011, the Centers for Medicare and Medicaid  
          Services (CMS), the Substance Abuse and Mental Health Services  
          Administration (SAMHSA), and the Administration for Children and  
          Families (ACF), wrote a joint letter encouraging states to  
          strengthen oversight of psychotropic medication use among the  
          foster youth population. 


          The MBC and the DHCS Data Use Agreement.  In 2014, Senator Ted  
          Lieu, then chair of the Senate Committee on Business,  
          Professions, and Economic Development, sent a letter to the MBC  
          in response to several newspaper articles which asserted that  
          some doctors were prescribing drugs that have not been approved  
          for children, and without reviewing the children's medical  
          records or drug history (San Jose Mercury News, "Drugging Our  
          Kids", 2014).  Senator Lieu requested that the MBC investigate  
          these medical professionals and develop recommendations to  
          minimize dangerous prescribing practices.  In response, the MBC  
          and the DHCS adopted a one year trial Data Use Agreement that  
          allows for the sharing of prescriber data in order to identify  
          prescribing patterns of licensees.





          This bill would codify the Data Use Agreement allowing the MBC  
          and DHCS to continue identifying licensees who appear to be  
          incorrectly prescribing medication to foster youth and flag them  
          for investigation. 





          State Auditor Report.  The California State Auditor (CSA) is  
          currently engaged in an audit of foster youth and psychotropic  








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          medication.  It is expected to be released in July or August of  
          2016.  According to information obtained from the CSA website,  
          the audit will select and review four county CWS agencies-two  
          counties identified as having a high prevalence of the use of  
          psychotropic medications for foster children and two counties  
          with a correspondingly low prevalence.  The audit will provide  
          independently developed and verified information related to the  
          DSS, DHCS, and a selection of county CWS agencies' oversight and  
          monitoring of foster children who have been prescribed  
          psychotropic medications, as well as a review of the  
          availability and adequacy of other supportive services, such as  
          mental health and substance abuse counseling.  The audit will  
          also determine whether any other states have implemented  
          innovations or oversight systems that have successfully reduced  
          the use of psychotropic medications in foster children or  
          improved their access to non-pharmacological supports, and  
          evaluate whether California could benefit from similar policies  
          or practices.



          Other States.  Alabama provides a focused mailing to prescribers  
          of any antipsychotics to children under 18, as well as telephone  
          outreach by child psychiatrists to prescribers of antipsychotics  
          to children under age five.


          Colorado sends educational alerts and letters to prescribers  
          detailing information about the psychiatric medication  
          utilization of their patients.  If post-intervention changes are  
          not observed, follow-up letters and face-to-face meetings with  
          peer consultants are conducted.


          Illinois maintains a watch-list of high-risk prescribers,  
          utilizing this data to assess the impact of changes in consent  
          policies on prescriber behaviors.










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          Michigan created a system whereby child psychiatrists follow-up  
          with prescribing physicians when indicated based on established  
          triggers to review the case and provide consultation.


          Missouri uses the Behavioral Pharmacy Management System to  
          analyze prescribing patterns for children and adolescents and  
          send letters to prescribers offering consultation on best  
          prescribing practices.  An analysis of this intervention showed  
          a significant reduction in the percentage of outlier  
          prescriptions.


          ARGUMENTS IN SUPPORT:


           The National Center for Youth Law  (sponsor),  Children Now  ,  John  
          Burton Foundation  , and the  Bay Area Youth Center  similarly write  
          in their letters of support, "Last year, the [DHCS] and the  
          [MBC] adopted a one-year trial Data Use Agreement that allows  
          for the sharing of prescriber data in order to identify outlying  
          prescribers. Such data sharing practices should not be on a  
          one-time basis, but rather an ongoing process for improving the  
          quality of prescribing for our children."


           Advokids  writes in their letter of support, "We demand high  
          quality, accessible mental health services for foster children  
          and the careful collection of data surrounding psychotropic  
          medications to ensure the physical and emotional safety of our  
          foster youth."


           The Children's Partnership  writes, "TCP strongly supports SB  
          1174, which will establish a formal process for the MBC to  
          responsively review and confidentially investigate psychotropic  
          medication prescription patterns among California children."










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           Consumer Watchdog  writes in support, "Over the last year, the  
          legislature has taken important steps to protect the health and  
          safety of foster youth.  SB 1174 provides the [MBC] with the  
          information it needs to ensure that physicians' prescribing  
          patterns are shifting in response to those reforms."


          The  Medical Board of California  supports the bill if amended and  
          writes, "This bill will further the [MBC's] mission of consumer  
          protection for a very vulnerable population.  The [MBC] is  
          actively working with the author's office and the sponsors on  
          amendments, as the [MBC] would like a sunset date included in  
          this bill so the [MBC] can determine if the data provided is  
          useful to the [MBC]."


          The  Pacific Juvenile Defender Center  writes in support, "This  
          bill enables the MBC to confidentially collect and analyze data,  
          and, when warranted, conduct investigations of physicians who  
          frequently prescribe over the recognized safety parameters for  
          children."


          ARGUMENTS IN OPPOSITION: 


          The  Child Academy of Child and Adolescent Psychiatry  has an  
          opposed unless amended position and writes, "We would like for  
          this bill to require the MBC to contract with a Board Certified  
          Child and Adolescent Psychiatrist for the purposes of reviewing  
          the data that is proposed; We believe that a more refined data  
          set will help further the goals for this legislation? the LA  
          County Parameters? are a more appropriate starting point for the  
                                                   MBC to review prescribing practices?If the investigation [of a  
          licensee] should not result in disciplinary action, questions  
          regarding whether or not a physician has ever been investigated  
          by the MBC come up often?[W]e believe the envisioned process  
          will have a negative impact on the ability of the Medi-Cal  
          system to recruit and retain high quality providers."








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          REGISTERED SUPPORT:


          National Center for Youth Law (sponsor)


          Advokids
          Bay Area Youth Center


          Children Now


          The Children's Partnership


          Consumer Watchdog


          John Burton Foundation


          Medical Board of California (support if amended)


          Pacific Juvenile Defender Center





          REGISTERED OPPOSITION:


          Child Academy of Child and Adolescent Psychiatry










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          Analysis Prepared by:Le Ondra Clark Harvey, Ph.D. / B. & P. /  
          (916) 319-3301