BILL ANALYSIS                                                                                                                                                                                                    



                                                                  ACR 168
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          Date of Hearing:   June 29, 2010

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                  ACR 168 (Galgiani) - As Introduced:  May 24, 2010
           
          SUBJECT  :  Chronic obstructive pulmonary disease awareness.

           SUMMARY  :  Encourages the State Department of Health Care  
          Services (DHCS) to partner with private entities to improve  
          education regarding chronic obstructive pulmonary disease (COPD)  
          and designates November 2010, as COPD Awareness Month in  
          California.  Specifically,  this resolution  :   

          1)Encourages DHCS to, whenever possible, partner with private  
            entities to improve education regarding COPD.

          2)Designates November 2010 as COPD Awareness Month in  
            California.

          3)Encourages public officials and the citizens of California to  
            increase awareness about symptoms of, and the methods of  
            preventing COPD.

          4)Requests the Chief Clerk of the Assembly to transmit copies of  
            this resolution to the author for appropriate distribution.

           EXISTING LAW  :

          1)Establishes the Medi-Cal Program which provides comprehensive  
            health benefits to low-income children, their parents or  
            caretaker relatives, pregnant women, elderly, blind or  
            disabled persons, nursing home residents, and refugees who  
            meet specified eligibility criteria.

          2)Requires DHCS to apply for a waiver of federal law for the  
            establishment of a pilot project to test the efficacy of  
            providing a disease management benefit to beneficiaries in the  
            Medi-Cal Program.

           FISCAL EFFECT  :  This resolution has not yet been reviewed by a  
          fiscal committee.

           COMMENTS  :   









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           1)PURPOSE OF THIS RESOLUTION  .  According to the author, this  
            resolution represents the Legislature's annual observation and  
            promotion of COPD Awareness and Education through the  
            designation of November 2010, as COPD Awareness Month in  
            California.    
           
          2)BACKGROUND  .  According to the National Heart, Lung and Blood  
            Institute, COPD is a slowly progressive disease of the airways  
            that is characterized by a gradual loss of lung function.  In  
            the U.S., the term COPD includes chronic bronchitis, chronic  
            obstructive bronchitis, or emphysema, or combinations of these  
            conditions.  COPD represents the fourth leading cause of death  
            in the U.S.  The symptoms of COPD can range from chronic cough  
            and sputum production to severe disabling shortness of breath.  
             In the U.S., the most important risk factor for COPD is  
            cigarette smoking.  Pipe, cigar, other types of tobacco  
            smoking, and passive exposure to cigarette smoke are also risk  
            factors.  Other documented causes of COPD include occupational  
            dusts and chemicals.  Outdoor air pollution adds to the total  
            burden of inhaled particles in the lungs, but its role in  
            causing COPD is uncertain.  The diagnosis of COPD is confirmed  
            by the presence of airway obstruction on testing with  
            spirometry, which measures lung function through the speed and  
            amount of air that can be inhaled and exhaled.

          Boehringer-Ingelheim Pharmaceuticals, Inc.  
            (Boehringer-Ingelheim), the sponsor of this resolution,  
            manufactures several prescription medications for the  
            treatment of COPD.  According to Boehringer-Ingelheim, COPD  
            places a substantial financial burden on state Medicaid  
            programs.  In a retrospective study using Medicaid claims data  
            from California and Florida the additional annual cost of  
            treating a Medicaid patient with COPD was approximately $6,500  
            in California and $5,200 in Florida compared to treating  
            patients without COPD.  According to a report by the Global  
            Initiative for Chronic Obstructive Lung Disease, the costs of  
            treating COPD can be reduced by adhering to established  
            guidelines for early diagnosis and appropriate management.
           
          3)DISEASE MANAGEMENT PILOT PROGRAM  .  The health budget trailer  
            bill of 2003 (AB 1762 (Committee on Budget), Chapter 230,  
            Statutes of 2003) established the Disease Management Waiver to  
            test the effectiveness of providing a Medi-Cal disease  
            management benefit.  In August 2006, DHCS awarded a contract  
            to McKesson Health Solutions (McKesson), a healthcare services  








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            and information technology company, to implement a disease  
            management pilot program (DMPP) for chronically ill, Fee-for  
            Service (FFS) Medi-Cal beneficiaries residing in Los Angeles  
            and Alameda Counties.  The goal of DMPP is to provide eligible  
            beneficiaries with a range of services that enable them to  
            remain in the least restrictive and most homelike environment  
            while receiving the medical care necessary to protect their  
            health and well being.  Eligibility for the pilot is limited  
            to those who are eligible for Medi-Cal as aged, blind and  
            disabled persons, or those persons over 21 years of age who  
            are not enrolled in a Medi-Cal managed care plan or eligible  
            for the federal Medicare program, and who are determined by  
            DHCS to be at risk of, or diagnosed with, select chronic  
            diseases, including COPD.  As of February 11, 2010, Mekesson  
            has provided disease management services to approximately  
            3,668 enrollees in Alameda County and 15,376 enrollees in  
            slightly over 120 Zip Codes in Los Angeles County under a  
            three-year $4 million contract.  The McKesson contract is in  
            its third year of operation.  Under the McKesson contract, the  
            program effectiveness is to be evaluated annually by a team at  
            the University of California, Los Angeles (UCLA).  The first  
            year results from the UCLA evaluation were expected in July  
            2009, but have not yet been released.

          AB 6 X4 (Evans), Chapter 6, Statutes of 2009, requires DHCS to  
            pursue a waiver to the Social Security Act that will  
            restructure the organization and delivery of health care for  
            the same population currently participating in the DMPP.  A  
            key element of the waiver is to establish organized delivery  
            system of care through existing managed care plans or a County  
            Alternative Option to ensure better coordination of care for  
            those with chronic diseases.  The roll-out of the waiver  
            restructuring will take place through 2012.  

          4)SUPPORT  .  According to Boehringer Ingelheim., AstraZeneca  
            Pharmaceuticals LP, GlasxoSmithKline, Talecris  
            Biotherapeutics, and Breathe California, supporters of this  
            bill, COPD is a slow debilitating disease, whose prevalence  
            and deadliness is on the rise in the U.S., and  
            internationally.  Supporters argue that COPD is largely  
            preventable, but not curable and the appropriate management  
            improves symptoms and helps people improve their quality of  
            life.  Supporters are in favor of increased education  and  
            designating November 2010 as COPD Awareness Month in  
            California.








                                                                  ACR 168
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          5)PRIOR AND RELATED LEGISLATION  :  

              a)   AB 1606 (Coto) of 2010 would have required DHCS to allow  
               services provided through DHCS-approved Chronic Disease  
               Self-Management Program to be reimbursable under Medi-Cal.   
               AB 1606 dies on the Suspense File in the Assembly  
               Appropriations Committee.  

              b)   ACR 62 (Galgiani), Resolution Chapter 91, Statues of  
               2009, commends DHCS for implementing a pilot program to  
               provide for the chronic disease management of COPD,  
               encourages, on behalf of the Legislature, interim updates  
               and reports on the progress of the COPD pilot program and  
               establishes COPD Awareness Day and Month in November 2009.  

              c)   ACR 137 (Galgiani), Resolution Chapter 158, Statutes of  
               2008, commends DHCS for implementing a pilot program to  
               provide for the chronic disease management of COPD and  
               establishes COPD Awareness Day and Month in November 2008.   
                

              d)   ACR 13 (Galgiani), Resolution Chapter 23, Statutes of  
               2007, commends the Department of Public Health (DPH) and  
               DHCS for implementing a pilot program to provide the  
               chronic disease management of COPD and designated November  
               2007 as COPD Awareness Month and November 14, 2007, as COPD  
               Awareness Day throughout California.  

              e)   SB 470 (Baca) of 1999 would have proposed a study to  
               determine the potential benefits of  
               integrated/self-monitoring disease management for Medi-Cal  
               fee-for-service patients.  SB 470 died in the Assembly  
               Appropriations Committee.  
           
             f)   AB 1949 (Baca) of 1998 would have authorized a Medi-Cal  
               pilot project and required the Department of Health  
               Services (now DPH) to establish a pilot study on an  
               integrated treatment regime for chronic condition  
               management.  
           
           REGISTERED SUPPORT / OPPOSITION  :   

           Support  
          Boehringer Ingelheim Pharmaceuticals, Inc. (sponsor)








                                                                  ACR 168
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          AstraZeneca Pharmaceuticals LP
          Breathe California of Los Angeles County
          GlaskoSmithKline
          Talecris Biotherapeutics

           Opposition  
          None on file.
           
          Analysis Prepared by  :    Tanya Robinson-Taylor / HEALTH / (916)  
          319-2097