BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 416
                                                                  Page  1


          SENATE THIRD READING
          SB 416 (Kehoe)
          As Amended August 26, 2011
          Majority vote

           SENATE VOTE  :25-14  
           
           HEALTH              13-4        APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Monning, Ammiano, Atkins, |Ayes:|Fuentes, Blumenfield,     |
          |     |Bonilla, Eng, Gordon,     |     |Bradford, Charles         |
          |     |Hayashi,                  |     |Calderon, Campos, Davis,  |
          |     |Roger Hern�ndez, Bonnie   |     |Gatto, Hall, Hill, Lara,  |
          |     |Lowenthal, Mitchell, Pan, |     |Mitchell, Solorio         |
          |     |V. Manuel P�rez, Williams |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Garrick, Nestande, Silva, |Nays:|Harkey, Donnelly,         |
          |     |Smyth                     |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires, not later than January 1, 2015, appropriate, 
          voluntary, demographic, self-identification questions related to 
          sexual orientation, gender identity, gender expression, to 
          domestic partnership and gender of one's spouse to be included 
          in the California Health Interview Survey (CHIS) and the 
          Behavioral Risk Factor Surveillance System (BRFSS).  

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee:

          1)Annual General Fund (GF) costs in the range of $7,000 to 
            $20,000 to include additional questions on the BRFSS.  

          2)Unknown annual ongoing costs, at least $50,000, and 
            potentially exceeding $180,000 per two-year cycle (50% GF/50% 
            federal), to include additional survey questions on CHIS.  

          3)Actual costs will depend on the number of people receiving the 
            questions, amount of time it takes to ask and answer the 
            questions, and whether some of the questions would be included 
            regardless of this bill.  The first two factors relate to a 
            lack of a well-validated and generally accepted set of 








                                                                  SB 416
                                                                  Page  2


            telephone survey questions.  Some of the questions, such as a 
            question on sexual orientation, would likely be included in 
            both surveys even in the absence of this bill; the inclusion 
            of other questions, even those that were included in 2009 
            surveys, is less certain.  Additionally, gender identity and 
            expression are complex constructs and may take additional time 
            to clarify if people are unfamiliar with what is being asked, 
            which could further increase costs beyond the estimates 
            presented here.  

           COMMENTS  :  According to the sponsors, Equality California 
          (EQCA), data relating to California's Lesbian, Gay, Bisexual, 
          and Transgender (LGBT) population is not being currently 
          collected in a consistent manner by the state or federal 
          government.  EQCA contends that a growing body of research has 
          documented that LGBT people differ from the general population 
          in terms of income, poverty rates, public benefit program 
          participation, mental health, physical health, victimization, 
          and employment discrimination.  EQCA points out that the state 
          currently administers a number of statewide surveys that collect 
          important information about Californians.  Specifically, 
          according to EQCA, CHIS, the nation's largest state health 
          survey gives a detailed picture of the health and healthcare 
          needs of California's large and diverse population, and the 
          BRFSS, a federal survey administered by the state, has tracked 
          health conditions and risk behaviors in the United States since 
          1984.  The sponsors point out that although these and other 
          studies collect demographic information such as race/ethnic 
          identity, age, family size, health and safety information, and 
          other data, they do not include questions about LGBT people in a 
          manner that allows for uniform compilation and reporting. 

          CHIS is conducted by UCLA, Center for Health Policy Research in 
          collaboration with the Department of Public Health (DPH) and 
          Department of Health Care Services (DHCS) every two years.  CHIS 
          conducts random-dial telephone interviews with up to 50,000 or 
          more California households in 44 geographic areas in California 
          and claims to be the nation's largest state health survey.  It 
          is funded by a variety of public agencies and private 
          organizations such as DPH, DHCS, California Children and 
          Families Commission, the California HealthCare Foundation, and 
          the California Endowment.  The persons included in CHIS are a 
          statistically representative sample of the entire state's 
          diverse population.  According to CHIS, the survey covers dozens 








                                                                  SB 416
                                                                  Page  3


          of essential health topics, from asthma, diabetes, and obesity 
          to immigrant health and the number of Californians with health 
          insurance.  Many core questions are repeated in each survey in 
          order to measure significant shifts over time.  New questions 
          are also added each survey year to address emerging concerns 
          that are important for planning and policy development.  In 
          2009, CHIS included questions in the category of "Respondent 
          Characteristics" that asked about sexual orientation, registered 
          domestic partner, and the gender of the spouse.  

          The BRFSS is a state-based system of health surveys that 
          generate information about health risk behaviors, clinical 
          preventive practices, and health care access and use primarily 
          related to chronic diseases and injury.  Conducted by the 50 
          state health departments as well as those in the District of 
          Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands with 
          support from the Centers for Disease Control and Prevention 
          (CDC), BRFSS provides state-specific information about issues 
          such as asthma, diabetes, health care access, alcohol use, 
          hypertension, obesity, cancer screening, nutrition and physical 
          activity, tobacco use, and more.  According to the CDC, it is 
          the world's largest, on-going telephone health survey system, 
          tracking health conditions and risk behaviors in the United 
          States yearly since 1984.  Federal, state, and local health 
          officials and researchers use this information to track health 
          risks, identify emerging problems, prevent disease, and improve 
          treatment.  

          The BRFSS questionnaire is developed each year by CDC in 
          collaboration with participating state agencies.  Wherever 
          possible questions are selected from previously conducted 
          national surveys for comparability.  The questionnaire has three 
          components.  The first component consists of a core set of 
          questions that are administered by all states participating in 
          the BRFSS collection effort.  Many of the core questions have 
          remained fixed from year to year, although revisions are made to 
          the core annually.  Changes are implemented at the beginning of 
          each interviewing year.  From 1992-1999 CDC implemented a 
          "rotating core" strategy, allowing some core questions to appear 
          on the questionnaire in alternate years only.  The second 
          component of the questionnaire consists of a series of topical 
          modules developed by the CDC.  States have the option of adding 
          as many modules as they wish to the core questionnaire each 
          year.  California has used several of the CDC modules, although 








                                                                  SB 416
                                                                  Page  4


          the same modules have not been used consistently across all 
          years of the survey.  The final component of the questionnaire 
          consists of questions designed and administered by individual 
          states to address issues of local concern.  These have been 
          revised annually in California to address the needs of as many 
          programs as possible.  BRFSS includes a California specific 
          question to determine whether California will yield results 
          consistent with other research that has shown sexual minority 
          community members have important health risk factors, such as 
          smoking.  As with CHIS, the author's intent is to ensure that 
          questions include gender identity and gender expression in a 
          manner that is most likely to elicit uniform, useful, and 
          accurate information.  In addition, the BRFSS question on 
          marital status does not ask the gender of the spouse or partner 
          and will therefore not provide data that can be compared using 
          this distinction. 


           Analysis Prepared by  :    Marjorie Swartz / HEALTH / (916) 
          319-2097 


                                                                FN: 0002254