BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1640
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          Date of Hearing:   April 14, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                 AB 1640 (Evans) - As Introduced:  January 11, 2010 

          Policy Committee:                              Health Vote:15-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill addresses recent budget shortfalls and eligibility  
          screening guideline changes for the Every Woman Counts (EWC)  
          program administered by the California Department of Public  
          Health (DPH). EWC provides breast cancer screening services to  
          women in families with incomes of less than 200% of the federal  
          poverty level (FPL) ($36,000 for a family of three).   
          Specifically, this bill: 

          1)Establishes an unspecified appropriation for DPH to fund EWC. 

          2)Expresses legislative intent to "fully meet the demand" for  
            EWC based on eligibility guidelines in place as of December  
            31, 2009 (including women 40 years of age and older). 

          3)Requires DPH to notify the Joint Legislative Budget Committee  
            at least 90 days prior to changing eligibility guidelines or  
            reducing screening services in EWC. 

           FISCAL EFFECT  

          1)An annual unknown appropriation in the range of $55 million  
            (90% special fund/10% federal fund) to provide breast cancer  
            screening services to approximately 240,000 women in  
            California. These figures reflect the range of actual spending  
            and screening caseloads over the past eight years.  
            Historically, the EWC program is funded primarily with state  
            special fund revenues generated by tobacco taxes. The  
            remaining support is provided by a grant from the federal  
            Centers for Disease Control. 

          2)The bill contains a blank appropriation.








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           COMMENTS  

           1)Rationale  . This bill responds to recent program changes  
            announced by DPH, effective January 1, 2010 that significantly  
            reduce access to the EWC program. These changes include an  
            increase in the minimum age for EWC screening from age 40 to  
            50 and a temporary enrollment freeze from January 1, 2010  
            through June 30, 2010. According to the author, these  
            immediate changes will deny 100,000 women access to critical  
            health screenings and were made without adequate notification  
            to advocates and the Legislature. Eligibility for EWC is based  
            on age, income, insurance status or coverage, and specified  
            financial barriers. 

           2)Recent Changes in Screening Guidelines  . The United States  
            Preventive Services Task Force (USPSTF) is an independent  
            federal panel of experts in primary care and prevention that  
            systematically reviews the evidence of effectiveness and  
            develops recommendations for clinical preventive services. In  
            November 2009 the USPSTF changed routine breast cancer  
            screening recommendations to biennial screening mammography  
            for women aged 50 to 74 years. Previously recommendations  
            supported screenings for women over 40 years of age. USPSTF  
            recommendations for women outside the 50 to 74 years old age  
            band now depend on known risk factors such as family history.  
            Many patients and providers have been concerned about the  
            change in regular screening recommendations due to the number  
            of women diagnosed with breast cancer prior to 50 years of  
            age. 

           3)Possible Federal Health Reform Impacts . The recently enacted  
            Patient Protection and Affordable Care Act (P.L. 111-148)  
            contains several initiatives and provisions that may improve  
            access and coverage to low-income women in need of cancer  
            prevention screening services like those addressed in this  
            bill. 

          For example, the federal legislation establishes and funds  
            several national oversight bodies to increase prevention and  
            wellness services and efficacy. Some of these activities are  
            supported by more than $10 billion in appropriations, with  
            funding starting to flow in the current year. In the private  
            sector, beginning in 2010, health plans will be required to  








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            provide a minimum level of coverage without cost-sharing for  
            preventive services such as immunizations, preventive care for  
            infants, children and adolescents, and additional preventive  
            care and screenings for women.

           4)Breast Cancer in California  . According to DPH, the recent  
            action taken in EWC to freeze enrollment and narrow  
            eligibility was necessary due to unprecedented demand for  
            screening services and a reduction in supporting revenues. One  
            in nine women in California has a lifetime risk of being  
            diagnosed with breast cancer. The breast cancer death rate in  
            California has dropped 20% over the last two decades, but  
            California women are more likely to be diagnosed with breast  
            cancer today.  

          While the death rate for breast cancer has dropped, the gains  
            have not been shared equally among all women.  Women of color  
            and low-income women are less likely to be diagnosed at an  
            early stage of cancer and receive effective treatment.  
            Therefore their survival rates are lower than other groups of  
            women.  For example, African-American women, although less  
            likely to be diagnosed with breast cancer, have one of the  
            highest breast cancer death rates.   

           5)Related Legislation  . SB 836 (Oropeza), in the current session  
            and pending in the Senate Appropriations Committee, also  
            addresses the current EWC shortfall and screening guidelines. 


           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081