Assembly Standing Committee on Health
- Jim Wood
Person
Good afternoon. Before we begin today, I'd like to make a statement on providing testimony at this hearing. We seek to protect the rights of all who participate in the legislative process so we can have effective deliberation on the critical issues that face California. All witnesses will be testifying in person. We allow two main witnesses for a maximum of three minutes each. Additional testimony will also be in person, limited to name, position, and organization.
- Jim Wood
Person
If you represent one, all testimony comments are limited to the bill at hand. We have a long agenda today, but we do have some items proposed for consent. The following bills are proposed for today's consent calendar. Any ember of the committee can remove a bill from consent. Item number seven, AB 424 by Assemblymember Brian. Item number 16, Assembly Bill 827 by Assemblymember Garcia. Item number 23, AB 1276, by Assemblymember McKinnor. Item number 26, AB 564, by Mr. Villapudua.
- Jim Wood
Person
Item number 32, AB 1701 by Dr. Weber. The following bills have been removed from today's calendar. Item number five, AB 412, by Ms. Soria. Item number eight, AB 486 by Mr. Kalra. Item number 13, AB 657 by Dr. Jackson. Item number 15, AB 1751, by Mr. Gibson. Item number 19, AB 1316 by Ms. Irwin. And item number 24 AB 1338. So I don't really know how many that bills that leaves us, but there's still a bunch.
- Jim Wood
Person
It's our custom to not start until we have a member representative from the other party here. So just hang out, play cards, whatever. So just for reference. So Mr. Haney has two bills before us and he will be presenting those bills. Three bills, two bills, whatever. Mr. Haney has some bills up before us, and then we're going to ask that Mr. Bennett come and present AB 1168.
- Jim Wood
Person
It'll be out of order, but I think based on the audience, there might be a lot of people here interested in that particular bill. So we'll ask Mr. Bennett to come and present after Mr. Haney presents his bills. Thank you. Okay. Thank you. Our Vice Chair is here. You'll see that we are woefully short of a quorum. There is a lot going on today. There are multiple committee meetings. A lot of committee members are serving on multiple committees or presenting bills and other committees.
- Jim Wood
Person
So you'll see a lot of people coming and going today. So with that, we're going to go ahead and move on to Mr. Haney you have before us. We're taking everything in file order today, except we're not when we're not, but right now we're going to do it in file order. Mr. Haney, you have AB 24.
- Matt Haney
Legislator
Thank you, Mr. Chair and members. It's great to be in front of you all. First of all, I will be accepting the committee amendments today, and I thank you and your staff for working with us on this bill and for your leadership on this issue as well. AB 24 will require gas stations, libraries, bars and residential hotels to have opioid blocker nasal sprays, or what is commonly referred to as Narcan, on-site to prevent deaths from opioid overdoses.
- Matt Haney
Legislator
It would apply only to counties that the Department of Public Health is determined to be in opioid overdose crisis and would be provided by the department. An opioid blocker works by binding to the same receptors in the brain that are activated when consuming opioids. After the spray is administered, the overdose can be completely reversed in 30 seconds and a life is saved. It's also easy to use.
- Matt Haney
Legislator
I say this because I have personally administered Narcan after someone had overdosed on the sidewalk in front of my apartment in the Tenderloin in San Francisco. The difference between life or death when someone overdoses is how quickly Narcan can be accessed. And while I believe opioid blockers should ultimately be everywhere throughout the state, research shows that these are locations where people can commonly overdose. Right now, the state does provide opioid blockers to organizations that give them directly to opioid users.
- Matt Haney
Legislator
However, your opioid users who are in the midst of an overdose cannot self-administer. For an opioid blocker to be effective, it requires someone near the person overdosing to have access to the medication. Also, there are no dangerous side effects from the medication. It is completely safe to use even if the person who received the medication is not having an opioid overdose. This is timely and necessary legislation because California is reaching new levels of the opioid crisis.
- Matt Haney
Legislator
In 2021, there were 7000 overdose opioid related deaths in our state. These are sons, daughters, mothers, and fathers in every county and Assembly District in our state. Making sure that the most effective tool to prevent overdoses is easily accessible is critical to stopping deaths. AB 24 is one of the many bills this year that will confront the opioid crisis. It is not the only thing we must do.
- Matt Haney
Legislator
We must get fentanyl off our streets and out of our communities and dramatically expand access to treatment and recovery. But there's absolutely no excuse to not make sure this life-saving intervention is available in the places where it can save a life. We have a responsibility to the families with loved ones who are struggling with addiction, as well as those who might accidentally ingest a deadly level of fentanyl. This would be a significant step in the right direction for our state and would absolutely save lives.
- Matt Haney
Legislator
With me today, I have our expert witness, Dr. Paula Whiteman, an emergency room physician in Los Angeles, and I believe. Joining us is Rachel Ryan, owner of the oldest LGBTQ bar in San Francisco, the Stud.
- Jim Wood
Person
Please, whenever you're ready.
- Paula Whiteman
Person
My name is Paula Whiteman. I am an emergency physician practicing in Los Angeles County. Thank you all for allowing me to speak here today. As you know, we are in the midst of a public health crisis within the State of California and across the country with a record number of opioid deaths. Naloxone is a simple, easy-to-use, and effective medication. It comes in the form of a nasal spray that anyone can administer.
- Paula Whiteman
Person
The medication binds to the same receptors in the brain used by opioids, causing a temporary reversal or blocking of the drug. Naloxone being distributed in public places would play a pivotal role in reducing these opioid overdose deaths. As an emergency physician, I have administered naloxone to patients experiencing an opioid overdose and have watched firsthand as a lifeless patient who has stopped breathing comes back to life within seconds of receiving the naloxone.
- Paula Whiteman
Person
In addition to those experiences, I have co-authored a paper published in a well-respected peer review journal titled "Between Emergency Department Visits: The Role of Harm Reduction Programs in Mitigating the Harms Associated With Injection Drug Use", and I've also recently spoken at a national emergency medicine conference on educating other emergency medicine professionals about harm reduction strategies and the use of naloxone in the public space. The role of naloxone being distributed in public places would mitigate the harms associated with injection drug use.
- Paula Whiteman
Person
It is a public health approach that aims to reduce harms associated with health risk behaviors and minimize the negative effects of drug use and promote health and social inclusion. Assemblymember Haney's AB 24 would implement a new approach to preventing overdose deaths by requiring opioid reversal, nasal sprays, and clear directions on how to use them in public spaces. Thank you for your time. I urge an aye vote.
- Jim Wood
Person
Thank you very much. You had a second witness.
- Matt Haney
Legislator
It appears she is in line, so we may have to move on without her unless she's walking in at this very moment.
- Jim Wood
Person
Okay, we'll go through others and other testimony, and if she is able to make it in time, we'll give you that opportunity.
- Matt Haney
Legislator
Thank you. Appreciate it.
- Jim Wood
Person
Others in support. Just your name organization please.
- Connie Delgado
Person
Good afternoon Mr. Chair and members, Connie Delgado. On behalf of the California Emergency Nurses Association, in support.
- Jim Wood
Person
Thank you.
- Robert Harris
Person
Mr. Chair and members, Robert Harris On behalf of California Society of Addiction Medicine, in support.
- Jim Wood
Person
Thank you.
- Priscilla Quiroz
Person
Good afternoon, Priscilla Quiroz on behalf of the City of Santa Monica, in support.
- Jim Wood
Person
Thank you.
- Tara Gamboa-Eastman
Person
Tara Gamboa-Eastman with the Steinberg Institute, in support.
- Jim Wood
Person
Thank you.
- James Lindburg
Person
Jim Lindbergh, Friends Committee on Legislation of California, in support.
- Jim Wood
Person
Thank you. It looks like your witness has arrived.
- Matt Haney
Legislator
There we go. Right on time.
- Jim Wood
Person
Right on. Catch your breath. It's okay.
- Rachel Ryan
Person
Sorry about that.
- Jim Wood
Person
No problem.
- Rachel Ryan
Person
Good afternoon. My name is Rachel Ryan, and I'm a co-owner and the general manager of the Stud Bar in San Francisco Soma neighborhood. We opened our bar in 1966, and we're the oldest queer bar in San Francisco. Over the last five years, we've seen the impact of the opioid crisis affecting both people in our nightlife community and our unhoused neighbors. It's a very common occurrence for us to see people with opioid addiction using fentanyl in the streets around our bar.
- Rachel Ryan
Person
In 2018, the Stud was approached by the Drug Overdose Prevention Education project to become the first nightclub to publicly announce that we had Narcan on site. We put up posters around the bar letting people know that this was available and taught our staff how to identify an overdose. I've had personal experience with administering Narcan. I was at an event in 2021 where a man experienced an overdose from doing cocaine that he didn't know contained fentanyl.
- Rachel Ryan
Person
When he collapsed, the people around him immediately recognized it as an overdose and started shouting for Narcan. I was one of several people there who were carrying Narcan in my purse. As someone dialed 911, we administered Narcan, and I held this man's head in my hands as another friend started CPR. Within a few minutes, he went from being nonresponsive and turning blue, from lack of oxygen to breathing on his own as the naloxone started to work.
- Rachel Ryan
Person
By the time the paramedics arrived, he was awake and was able to walk himself to the ambulance. That man was incredibly lucky that he happened to be in a space that had Narcan. But we shouldn't be leaving people's survival up to luck. As a business owner, I can tell you that this bill will save lives. An opioid overdose is very distinctive and easy to recognize, and using naloxone nasal spray is incredibly easy. You just put it in the person's nose, push one plunger, and that's it.
- Rachel Ryan
Person
I promise you that if we provide this important first aid tool to workers. They will make the choice to save people's lives. I respectfully urge you to vote for AB 24. Thank you so much.
- Jim Wood
Person
Thank you very much. Is there opposition to the bill?
- Christina Di Caro
Person
Thank you, Mr. Chair and members, Christina De Caro, representing the California Library Association, removing opposition today, sir. And we want to thank Judy Babcock of your staff and the Assemblymember for working with us so much on the amendments removing the penalties for libraries. Thank you very much.
- Jim Wood
Person
Thank you.
- Sarah Dukett
Person
Sarah Dukett on behalf of the Rural County Representatives of California, we oppose unless amended. We appreciate the committee amendments, and we're hopeful we can go neutral.
- Jim Wood
Person
Okay. Thank you.
- Jean Hurst
Person
Thanks, Mr. Chair. Jean Hurst from the Urban counties of California, a similar situation at the Library Association and RCRC, appreciate everybody's work on this bill.
- Jim Wood
Person
Great. Thank you. Anyone else? Okay. Seeing no one bring it back to the committee. Questions or comments? Well, I would just like to say thank you very much for bringing this bill forward from very early on your commitment to working on this issue, and look forward to working with you on your Select Committee as we move forward with that, as you move forward with that in the fall. I'm sorry. Hang on a second. I'll finish my comments and then we'll turn it over to her.
- Jim Wood
Person
But thank you for bringing this important bill forward. And when we do have a quorum, I look forward to supporting the bill. So, Ms. Aguiar-Curry, thank you very much.
- Cecilia Aguiar-Curry
Legislator
Sorry for my lateness. I appreciate the bill, Assemblymember, and I'm supportive of your intentions of the bill, and we're supporting it today. But I do ask that you consider an opportunity to cure for small businesses who may be unaware of this new requirement, perhaps a period of two weeks to comply before being subject to the penalties under the bill would protect those willing to comply once they've been made aware.
- Jim Wood
Person
Sure. I think since there's not very many of us, that's probably the end of the comments. So would you like to close?
- Matt Haney
Legislator
And thank you, Mr. Chair, for your support and your leadership as well, and your staff. And Ms. Aguiar-Curry, I believe that the bill has now been referred also to Judiciary Committee, and so we there are going to deal with some of the issues around liability, and I definitely take your comments around how to make sure that small businesses are able to deal with actually complying with the bill, and the intention is not to be punitive in that way.
- Matt Haney
Legislator
So I appreciate that, and we'll definitely work on that. And again, I just want to thank you all, this committee, for your leadership on this issue, and this is one of the many things that we have to do. And I also want to recognize that I know there are many first responders in the room and healthcare professionals, and I want to thank them for their leadership and their life-saving interventions with the use of Narcan and others who are experiencing overdoses.
- Matt Haney
Legislator
And with that, I respectfully ask for your aye vote.
- Jim Wood
Person
Thank you. And when we have a quorum, we'll seek a motion and put it up for a vote. So thank you very much, Mr. Keaney, and thank you to your witnesses who can now catch a breath, or at least one of them can. Anyway, you have now before us AB 459.
- Matt Haney
Legislator
Great. Thank you again, Mr. Chair, Members. And before I start, I want to accept the Committee's amendments. Today, AB 459 takes a critical step forward to hold our health care systems accountable for serving and improving the life outcomes of Californians living with mental illnesses and addiction issues. Unfortunately, despite all the investment in behavioral health initiatives, the statistics on mental illness and addiction in our state are troubling. Approximately one in six California adults experience mental illness and about one in 25 experience a serious mental illness.
- Matt Haney
Legislator
People living with serious mental illness die 25 years younger than peers without mental illness, and drug overdose deaths nearly doubled in California over the last five years. As we look to transform our systems of care to better serve California- Californians living with mental illness and addiction, we have to have accountability and transparency. AB 459 brings both by requiring counties and health plans to set ambitious treatment goals and the state to monitor and publicly report their progress towards these goals in real time.
- Matt Haney
Legislator
The bill will be divided into two phases. Phase one of this legislation takes stock of where we are and what data we need to track and understand in order to improve systems. It does so by asking the UC system to evaluate all existing data and make recommendations to an advisory group as to potential outcome measures for a statewide progress dashboard. This advisory group would include persons with lived experience and other key behavioral health stakeholders.
- Matt Haney
Legislator
Phase two requires the counties and health plans to develop data driven and community informed self assessments based on the data and community input. Counties and health plans would then develop system improvement plans indicating which outcome measures that will target an anticipated improvement. Phase two also implements the creation of the statewide dashboard, which will be hosted and maintained by the UC system. Standard outcome measures will be tracked for every county and health plan. The three pillars of AB 459 are data transparency and community.
- Matt Haney
Legislator
Without these, true transformation of our behavioral health system cannot happen. Too many people are needlessly suffering on our streets and our jails and our hospitals not getting the care they desperately need. It's time for investment. It's time for accountability, and it's time for results. Here to testify with me today is Dr. Tom Insel, a psychiatrist and neuroscientist and an expert on behavioral health. And also we have Tara Gamboa-Eastman from the Steinberg Institute, who is available to answer any technical questions the Committee may have.
- Jim Wood
Person
Go ahead when you're ready.
- Tom Insel
Person
Thank you very much. Thank you, Mr. Chair and Members of the Committee, for having me join in this testimony. I'll keep my remarks brief. My name is Dr. Tom Insel.
- Tom Insel
Person
I'm the former Director of the National Institute of Mental Health during both Bush and Obama years, came to California, spent about a year as an advisor to Governor Newsom on behavioral health issues, when we had a chance to meet Mr. Chairman, and have served as the chair of the board of the Steinberg Institute, which is a proud sponsor of AB 459. I don't need to tell all of the Members of this Committee that in so many ways, our behavioral health system is in dire straits.
- Tom Insel
Person
That spite of everything that we have done in the State of California, the investments we have made, the programs we've set up, the incredibly hard work of our county behavioral health agencies, we still see, unfortunately, really dire results. Some of this is due to the fragmented and underfunded nature of the health systems themselves. But I'm going to suggest to you that part of our challenge here is that we have not been focused enough on outcomes.
- Tom Insel
Person
And the lack of focus on outcomes results in needless human suffering, institutionalization, homelessness, incarceration, and, unfortunately, death. And as you just heard about AB 24, death is really a major issue in the behavioral health space. Report out today by the California Health Policies Institute shows over 1000% increase in fentanyl deaths since 2017. This has become the leading source of mortality in the State of California for people between the ages of 15 and 44, which is just simply extraordinary.
- Tom Insel
Person
Right now, less than a third of Californians living with a mental health condition and approximately 10% of those living with a substance use disorder receive the care they need. So the problem I'll suggest to you, is that we simply lack our ability to measure and to be accountable for the kinds of outcomes we care about. AB 459 takes a critical step forward to hold our health care systems accountable for serving and improving the life outcomes of Californians living with mental illnesses and addiction issues.
- Tom Insel
Person
It's really high time. It's been over 60 years since President Kennedy called all of us to this mission, and we have failed. And part of that failure is our lack of accountability. We don't manage what we don't measure, and the time has come to begin to do that. AB 459 provides the process for that. I respectfully ask for your aye vote and happy to remain to answer any questions you may have.
- Jim Wood
Person
Thank you very much.
- Tara Gamboa-Eastman
Person
Tara Gamboa-Eastman with the Steinberg Institute, proud sponsors and just here to answer any questions if the Committee has any.
- Jim Wood
Person
Thank you. Others in support? Please just your name and organization, if you represent one.
- Jim Wood
Person
Katie Van Deynze with Health Access California in support. Thank you.
- John Drebinger Iii
Person
John Drebinger with the California Council of Community Behavioral Health Agencies in strong support.
- Jim Wood
Person
Thank you.
- Theresa Comstock
Person
Theresa Comstock with California Association of Local Behavioral Health Boards and Commissions in support.
- Jim Wood
Person
Thank you.
- Lauren Finke
Person
Lauren Finke with the Kennedy Forum, in support.
- Jim Wood
Person
Thank you. Anyone else? Is there opposition to the bill? Seeing no one to bring back to the Committee for questions or comments from the Committee. Ms. Waldron?
- Marie Waldron
Person
Thank you, Mr. Chair. I want to thank the author for bringing this bill forward. I've worked in the mental health and substance use space longer than I want to admit, even before I was in the Legislature with the opioid task force in San Diego. It's really needed that we unpack this and figure out where the shortfalls are, because we all see the outcomes and what the results have been. So it's really important that we do this so that we can be efficient and effective.
- Marie Waldron
Person
And as you mentioned, patient outcomes is always one of the things that we seem to overlook, and it's where the most suffering is. So I'm happy to support this bill when we have a chance, and thank you for bringing it forward.
- Jim Wood
Person
I'd like to say thank you as well. I really do like your approach. I like the systematic approach, data transparency, community. I think it makes a lot of sense. And the fact that you're including so many people, so many entities in this is really critical. So as people may know, I'm a big believer in data. We think with good data we get an opportunity to make big changes. So when we do have a quorum, I'm happy to support the bill.
- Jim Wood
Person
And should the bill pass out a Committee, I'd like to be added as a co-author, if you'd have me, of course.
- Matt Haney
Legislator
Well, of course. Ms. Aguiar-Curry's saying, 'me, too. Me, too'.
- Jim Wood
Person
And you're welcome to close.
- Matt Haney
Legislator
Yes, and thank you so much. And thank you to our witnesses and sponsor. This is an issue we're going to have to work on for a long time to get this right. And so look forward to partnering with this Committee and all of you to get it done and to ensure that we get the results and have the transparency and data and accountability that we need.
- Matt Haney
Legislator
I also want to acknowledge there were some recent concerns expressed around the membership of the advisory group and some different suggestions for membership, and we will work with those folks to address that input and try to get that right. So with that, at the right moment, we'd love to have your support on this bill.
- Jim Wood
Person
Thank you. Thank you very much. Thank you to your witnesses. And you have also AB 1001.
- Matt Haney
Legislator
All right, last one here. Thank you again, Mr. Chair and Members, and thank you again to your staff for your thoughtful work on this bill. And I accept the Committee amendments. AB 1001 establishes a minimum staffing requirement for mental health and addiction personnel at hospitals in order to ensure patients in need of services receive timely and appropriate care. California's healthcare system is becoming increasingly overwhelmed by the number of patients suffering from mental health and addiction services.
- Matt Haney
Legislator
In 2020, patients with mental health and addiction diagnoses represented one third of all inpatient hospitalizations and one fifth of all emergency room department visits. However, hospitals are under prepared, understaffed, and lack appropriately trained and licensed staff to respond to patients experiencing emergency psychiatric or mental health and addiction crises. This places nurses and other healthcare workers and their patients in dangerous conditions. In California, there are more than 500,000 active licensed nurses, yet only 348,000 are working in the state.
- Matt Haney
Legislator
Our hospital's inability to efficiently provide for care for patients in emergency departments is causing nurses to leave the profession, further straining the healthcare workforce. This lack of adequate staffing also causes patients with mental health and addiction needs to be inappropriately boarded in emergency departments or remain under observation status, leading to delays in receiving mental health care or addiction treatment, worse outcomes, and preventable errors.
- Matt Haney
Legislator
This bill ensures that hospitals across the state are staffed with a four member behavioral health response personnel team to assist hospital patients experiencing a behavioral health crisis. This bill will also create the behavioral health emergency response and training fund, which would be financed through already existing behavioral health dollars. This fund would provide grants to newer existing programs that focus on training mental health and addiction personnel to work in hospitals.
- Matt Haney
Legislator
With me today to testify is Ramona Malle from UC Davis ER registered nurse and Mari Lopez from the California Nurses Association.
- Jim Wood
Person
Please go ahead.
- Ramona Mall
Person
Hello, my name is Ramona Mall. I'm a registered nurse in the emergency department at UC Davis Medical Center. I have worked in healthcare for 32 years. For the first 17 years, I was a licensed vocational nurse in behavioral health and for the last 16 years, I have been a registered nurse in the ED. During my work at UC Davis, I have witnessed firsthand how quickly seemingly minor psychiatric events can escalate into a full blown crisis.
- Ramona Mall
Person
In an overcrowded and understaffed environment where RNs and other workers do not have proper training and resources, we lack the capacity to provide the level of care that our patients deserve. At UC Davis, the largest public hospital in the region, approximately one third of our patients on any given day are experiencing issues with their mental health. Our staff of 200 plus registered nurses are required to complete only one training module in crisis intervention and prevention in their entire career at UC Davis.
- Ramona Mall
Person
By contrast, behavioral health nurses receive years of continued specialized training to provide a therapeutic hospital experience for their patients rather than a traumatic one. Patients who come to us in need of mental health treatment deserve a care team who are trained to safely and effectively address all of the aspects of the care they need. I'd like to share a story at this time. I was caring for a man who was twice my size who was on a psychiatric hold, a 5150.
- Ramona Mall
Person
As a result, he was held in isolation in the emergency room for three days. Aside from the occasional visit from the psychiatry team, it was up to the nurses to keep him calm and safe, armed only with our singular training and crisis intervention. Eventually, the patient became overwhelmed. He told me, I'm going to get out one way or the other. I looked to the ED provider for guidance, but she, too, lacked the unique training requirement to address the patient's needs.
- Ramona Mall
Person
He ended up eloping, further endangering himself and others. Nurses support AB 1001 because it guarantees that what should be common sense becomes law. When it passes, we will have the tools and resources we need to provide the care that the most vulnerable in our community so desperately need. Thank you for this opportunity.
- Jim Wood
Person
Great. Thank you.
- Mari Lopez
Person
Good afternoon. Thank you Chairman Wood and Committee Members. My name is Mari Lopez, legislative advocate for the California Nurses Association and on behalf of the more than 100,000 registered nurses in our state, we are a proud sponsor of AB 1001 and thank Assembly Member Haney for authoring this important bill. California has made great gains in addressing behavioral health and continues to address the state's growing mental and behavioral health needs. Importantly, the hospital environment remains a major point of continuum of behavioral health care.
- Mari Lopez
Person
HCAI reports that one out of five emergency department visits and one out of three inpatient hospitalizations are patients with behavioral health issues. Some patients with mental health or substance use issues seek care through our hospitals and other patients in acute care settings sometimes have episodic, involuntary and unintended behavioral health responses to a hospital environment. Where they respond in a way that puts themselves, nurses and other healthcare workers at risk for violence and unsafe care conditions.
- Mari Lopez
Person
This bill would improve both patient and healthcare worker safety in California's hospitals. And under AB 1001, hospitals would be required to have a behavioral health team that's specifically trained and dedicated to responding to patients experiencing a behavioral health crisis, which would be dispatched throughout the hospital, across the hospital as needed.
- Mari Lopez
Person
And with the attention of a behavioral health team, hospitals could better ensure that patients receive the care that they need when the care that was needed in a timely fashion, which would help free up hospital beds and improve patient outcomes. A dedicated team of knowledge, with knowledge of programs, resources and information on behavioral health would play a key role in the state's continuum of behavioral health goals.
- Mari Lopez
Person
AB 1001 would also be instrumental in meeting California's goals in providing appropriate care to patients with mental health and substance use needs, and it would support nurses and other hospital staff as they provide care to your constituents. Thank you so very much for the time and the opportunity to speak to you all.
- Jim Wood
Person
Great. Thank you very much. Others in support?
- Theresa Comstock
Person
Hi, Theresa Comstock with California Association of Local Behavioral Health Boards and Commissions in support.
- Jim Wood
Person
Thank you.
- Sara Flocks
Person
Mr. Chair and members, Sara Flocks, California Labor Federation, in support.
- Jim Wood
Person
Thank you.
- Timothy Madden
Person
Mr. Chair and members, Tim Madden, representing the California Chapter of the American College of Emergency Physicians. We had been support if amended. We want to thank the author, his staff, sponsors, and the committee staff with their help, and we're moving to straight support. Thank you.
- Jim Wood
Person
Thank you.
- Janice O'Malley
Person
Hello Chair and members, Janice O'Malley with the American Federation of State County Municipal Employees in support.
- Jim Wood
Person
Thank you.
- Karen Moxley
Person
Karen Moxley, critical care and recovery room nurse in support.
- Jim Wood
Person
Thank you.
- Jane Churchon
Person
Jane Churchon, California Nurses Association, Neonatal ICU nurse in support.
- Jim Wood
Person
Thank you. I see anyone else? See no one else. Is there opposition to the bill? Please come forward.
- Kirsten Barlow
Person
Good afternoon, chair and members.
- Jim Wood
Person
Please push the button, if you don't mind. There. Thanks.
- Kirsten Barlow
Person
There we go. Are we on prime time? There we go. Good afternoon, chair and members. My name is Kirsten Barlow. I'm a vice president of policy at the California Hospital Association, where I bring nearly 20 years of expertise in behavioral health policy. We really thank the author's office and all of the committee staff who really engaged with us about concerns we have with the bill and are supportive of the amendments that are suggested in the analysis.
- Kirsten Barlow
Person
While those amendments are helpful, though, the bill still puts an overly prescriptive staffing requirement on hospitals, and we must regretfully oppose the Bill unless it's amended to address that aspect. Currently, California is facing a workforce shortage of nearly 500,000 allied health professionals and 40,000 RNs. The bill requires really a one size fits all approach for all areas of the hospital, not just the emergency room.
- Kirsten Barlow
Person
And it really gives us little flexibility to employ other innovative solutions that include, for example, using peer support specialists or substance use navigators, who really can provide lived experience perspective on how to deescalate a crisis. While the bill does include a training fund, it doesn't specify exactly where those funds would come from.
- Kirsten Barlow
Person
It also doesn't make those grants available to all types of hospitals, despite the fact that all types of hospitals right now, about 50% are operating in the red, given the COVID crisis that we're all still sort of emerging from. Lastly, we believe that efforts to reduce workplace violence in the hospital should acknowledge the whole patient population that we treat, not fuel the myth that people with mental illness are more violent and more dangerous than other patients.
- Kirsten Barlow
Person
As we know, violence can happen in any workplace, in any setting. The environment itself can be a stressful experience for any type of patient. And we know that workplace violence in a hospital can happen outside of people with a mental illness or people who have a 5150 involuntary hold. For these reasons, we strongly urge you to consider our concerns, and we must respectfully oppose AB 1001 unless it is amended. Thank you.
- Jim Wood
Person
Thank you very much. Others in opposition see no one will bring it back to the committee. Any questions or comments from the committee? Dr. Weber.
- Akilah Weber
Legislator
Good afternoon. Assembly Member Haney. I want to thank you so much for bringing this bill forward, but also for accepting the amendments, because I did have a lot of concerns that have been addressed with the amendment. So thank you to the committee staff. I will be supporting it here. However, I do echo what was just stated by the opposition as far as the issue of workforce.
- Akilah Weber
Legislator
I was called at 04:00 a.m. This morning for a patient down in San Diego, and I was speaking with the doctor that called me, and we were talking about the lack of nursing for that particular clinic. One half day nurse or part time nurse for 4 physicians. It's real. And so, thinking outside of the box, having flexibility in order to be able to achieve what you're trying to achieve, I think is going to be important.
- Akilah Weber
Legislator
So I will support it today so that you can continue the conversations and keep this bill moving forward, because I do think that it is important, but I do think that there needs to be some kind of discussion and resolution that is presented to deal with the issue of workforce shortage with our nurses, with our other providers. So thank you.
- Jim Wood
Person
Thank you. Just a couple of comments. First of all, so as a dentist, I'm pretty familiar with the carve out of certain parts of the body from the body as a whole. Patients often go to emergency departments with dental pain, and little or nothing can be done except get some pain relief and call your dentist in the morning. I do understand that dental care is provided differently, and emergency rooms are literally not equipped to provide such care.
- Jim Wood
Person
That being said, we cannot do the same thing to individuals suffering from a mental health crisis. Yes, we need more beds. We also need appropriately trained individuals working in the hospital. And as you said, I believe a third of patients presenting in emergency rooms and some sort of behavioral health crisis rooms, whether they come in of their own volition or subject to an involuntary hold under the LPS system.
- Jim Wood
Person
I do think that until we address the issue on patients on 5150 holds languishing in the ED, waiting for an assessment, which is a real problem, often languishing for hours because there isn't appropriate staff there to do the evaluations. And that is hugely challenging. We're still just kind of working around the edges, quite frankly. We need everyone to step up and do their part. The bill does enjoy a do pass recommendation. I thank you for working with us and the committee staff.
- Jim Wood
Person
Would you like to close?
- Matt Haney
Legislator
Yes. Well, first of all, I want to thank you again and your staff for working with us and for the amendments and for the committee's comments and for our witnesses who are here. I am absolutely. And we're committed to working with the Hospital Association and providers on some of the questions and issues that were brought forward. I do want to also, there are healthcare workers here and nurses, and I want to again acknowledge and thank them for their work.
- Matt Haney
Legislator
I do want to say to Dr. Weber, I could not agree more. I think at the heart of this is the workforce issue. And so we wanted to both include the staffing standards and this workforce investment and funds and really say we need to do both of these things. And so I'm committed and I'm sure I'll have your partnership.
- Matt Haney
Legislator
And really, as we go into the budget process, really making sure that this is prioritized and that we find every way possible to enhance that workforce because this cannot get done unless we address the workforce issues. I also would say that what we have here, as was stated, really is what we know to be common sense. As you said, chair, if we bring someone who has behavioral health needs into the hospital, there have to be professionally trained behavioral health staff there to provide for them.
- Matt Haney
Legislator
That is a basic minimum. And the question is how we get there. We think that this bill is a way forward. And so with that, allowing us to continue to move it forward and to find a pathway forward to get it done is greatly appreciated. And thank you again, Mr. Chair, and at the right time would respectfully request an aye vote.
- Jim Wood
Person
Great. Thank you very much, Mr. Haney, and thank you to your witnesses. Thank you. Okay. As I previously stated, we're going to go out of order here. We're going to have Mr. Bennett come forward. He's going to present AB 1168. And before you begin, Mr. Bennett, I'd like to make a few comments. I know it's a little unusual, but the committee learned this morning from stakeholders and that the committee amendments proposed have raised concerns about inadvertently broadening the bill.
- Jim Wood
Person
I want to clarify that the intent of the amendments was to narrow the bill, protect patients, and not create undue disruption within the system. This is kind of illustrative of the challenge with this particular bill. This issue has been come before us many times, several times as recently as last year.
- Jim Wood
Person
And one of the things that we struggle with is it takes a lot of explanation to explain the intent of this bill, but there takes very little explanation from the opposition as to why they don't like it. And so it appears that supporters and the opponents seem entrenched in their perspectives, which makes any progress exceptionally difficult.
- Jim Wood
Person
My preference would be that both sides take a step back, spend some time trying to solve the issue in a more cooperative manner, and do this without the pressure of Committee deadlines. I realize that's not the preference of stakeholders. So we'll be hearing the bill today. I commend the author for trying to resolve this very complex and contentious issue.
- Jim Wood
Person
Should the bill pass out of Health Committee today, my staff is committed to continuing to work with the stakeholders and the next policy committee to assure our amendments accomplish what was intended without the unintended consequences. So with that, please go ahead, Mr. Bennett.
- Steve Bennett
Legislator
Thank you very much, Mr. Chair. And I want to compliment you and your staff. I completely concur with your assessment.
- Steve Bennett
Legislator
This is an easy issue to have something inadvertently go wrong or be perceived as wrong, and your willingness to work with us, and hopefully one of the differences between this and certainly at least the last Bill that came in front of this Committee is we have endeavored to work with you from the very beginning and to try to let you know what the intent was and try to work with you and your staff in terms of what are possible solutions to address all the many concerns that people have out there.
- Steve Bennett
Legislator
So with that, I want to start by accepting the Committee's amendments and the intended amendments that are the modifications that you have coming that deal with the narrowing down of this, and also state my commitment to continue to engage the chair as this goes forward. This won't be a hide the ball kind of thing at all. We want to make sure that the chair and this Committee stays engaged and fully informed as this starts to move forward.
- Steve Bennett
Legislator
So moving forward, I'll be speaking to the Bill as proposed to be amended. AB 1168 is a very important Bill and it does three main things. It allows a narrow set of cities or fire districts to retain their authority over prehospital emergency services or 201 rights if they were providing service as part of a JPA. As of the end of 2022, it allows the City of Oxnard in my district to retain their 201 rights.
- Steve Bennett
Legislator
And it clarifies that going forward, entering a JPA does not automatically take away someone's 201 rights. I'd like to tell you that this is an easy Bill, but as you've identified, it certainly isn't. And we recognize that this is still a work in progress, and we continue to try to work with you on that.
- Steve Bennett
Legislator
I've worked hard with the sponsors, the supporters, Oxnard Fire Chief Hamilton, and we have tried to listen to the concerns of the opponents as carefully as we can, and we will continue to do this as this moves forward. We want to try to ensure that this Bill contains a real failsafe to avoid disrupting the existing system.
- Steve Bennett
Legislator
That failsafe that I certainly insisted upon before I was willing to move forward with this Bill requires that the city or fire district that is choosing to retain their 201 rights needs to cover the surrounding EMS area. So you don't have highly concentrated city areas where there are lots of fee for service, getting good service, and then rural areas potentially where there is not as much opportunity being left with inferior service.
- Steve Bennett
Legislator
So those cities or fire districts that choose to retain their rights, if they can't reach an agreement with the county, they have to cover all of the area that they are disrupting with their decision. We should not prohibit our cities and fire districts from retaining their 201 rights just because they join a JPA, particularly if they didn't even have a conversation in advance about that being the fact.
- Steve Bennett
Legislator
I want to make clear that although this Bill deals with 201 rights, it's not, as we said, the same as SB 443 that came in front of you last year. Unlike SB 443, this Bill does not deal with medical control of local EMS authorities over public agencies, and it does contain the failsafe that I just mentioned to avoid disruption of service.
- Steve Bennett
Legislator
Finally, if a locality with 201 rights had to service a surrounding area, the local EMS authorities and the state EMS agencies would still have oversight over those services, and the services would have to ensure that service is equal or a better level than what they pulled out of. I understand that there are many fundamental disagreements around this issue, and as you mentioned, Mr. Chair, fairly entrenched views.
- Steve Bennett
Legislator
I hope we can have an honest and calm dialogue as we continue to work to try to find ways to deal with the concerns of the opposition and mitigate those concerns. With me to testify today. I appreciate Oxnard Fire Chief Alexander Hamilton and Doug Subers on behalf of the California Professional Firefighters Association. Thank you, Chief.
- Alex Hamilton
Person
Good afternoon, Chair and Health Committee Members. My name is Alex Hamilton and I'm the Fire Chief for the City of Oxnard, as well as the President of the Fire Chiefs Department of the League of Cities, which is sponsoring this measure. So this measure seeks to clarify the section 201 of the EMS act, which grandfathered in rights for entities that were delivering prehospital EMS services prior to the act becoming law. And I do appreciate that this is a pointy-headed issue, so I wanted.
- Alex Hamilton
Person
To talk a little bit about our. Experience on the ground. So a couple of issues I wanted to address with this legislation is the fact that if you live in an area in Oxnard that has been designated by HUD as 50% low to moderate income area, you are twice as likely to wait for an ambulance. This rises to almost a three-to-one ratio for neighborhoods that are in a 75% low to moderate-income area.
- Alex Hamilton
Person
After trying to work collaboratively with the Ventura County EMS agency on this issue over a number of years, the Oxnard City Council chose to leave the joint powers agreement that had governed ambulance service in Ventura County since the went out to an RFP and went out to bid. Ultimately, Falck Ambulance was the winner of that bid.
- Alex Hamilton
Person
The alliance model that we had built was going to improve service delivery across our city, regardless of socioeconomic status, and was also going to improve the working conditions of the employees working for that ambulance company. One of the things that I wanted to touch on when it comes to system inequity is that the appellate court, in the ruling on the Oxnard versus County of Ventura case, accepted Oxnard's evidence of systemic inequities.
- Alex Hamilton
Person
Or to put it another way, they ruled that systemic inequities in the ambulance service delivery in Ventura County is a fact. The second point I'd like to make is regarding an integrated system. In a truly integrated system that Oxnard is striving to realize, there would be a mix of ambulances and fire Department units providing adequate paramedic coverage across the jurisdiction, always ensuring a timely response. However, there is currently no integration or coordination between ambulance and fire units.
- Alex Hamilton
Person
The ambulance company simply spreads their units as thinly as possible to maximize profits while trying to maintain their contractual compliance. In 2019, there was 1200 occasions where there was no ambulances available in the City of Oxnard, a City of over 200,000 people. And so, in closing, I would like to emphasize that the court did not rule on the 201 rights on Oxnard's 201 rights. Instead, they held that even if Oxnard had them, they were surrendered when we signed the joint powers agreement.
- Alex Hamilton
Person
And so this Bill is, the goal of this Bill is to be narrowly tailored to further the intent of the EMS act and I thank you for your time today. Thank you.
- Doug Subers
Person
Thank you, Mr. Chair and Members. Doug Subers on behalf of the California Professional Firefighters in strong support of AB 1168, CPF represents more than 34,000 professional firefighters and emergency medical services personnel statewide. We would like to thank Assemblymember Bennett for bringing this Bill forward to the Committee for their Engagement and work on this issue. This measure will create clarity around the provision of prehospital EMS services and rights to deliver those services.
- Doug Subers
Person
The Oxnard decision has raised ambiguity and potential negative consequences, and we firmly believe it's appropriate for the Legislature to address this issue through AB 1168. In addition to addressing the City of Oxnard directly, this Bill will seek to ensure that jurisdictions that are providing prehospital EMS as a result of a joint exercise of powers agreement are not negatively impacted by the Oxnard decision should they have rights and seek to deliver services in the future.
- Doug Subers
Person
Further, this measure will ensure statutory clarity for a fire Department to enter into a future agreement with a county to deliver prehospital EMS without losing their rights. Assemblymember Bennett noted in his comments that the measure contains a failsafe. Section two, Subdivision D, outlines the process that ensures that communities have continued access to EMS services should a city or fire district exercise rights under this Bill, CPF Members care deeply about their community and see EMS services as a vital portion of their work.
- Doug Subers
Person
In many jurisdictions, CPF Members provide first response services where they are first on scene in a medical and emergency and begin rendering aid on a patient while waiting for an ambulance to transport that patient to a hospital. It is imperative that the system be efficient. Delays or inefficiencies impact the entire pre hospital EMS system and the working conditions of CPF Members. Finally, I would just like to address a few of the opposition points that are in the analysis noted on page seven or eight.
- Doug Subers
Person
First, we reject any notion that EMS services are pursued by firefighters to somehow address or support pension costs. Our Members commit their life to service to their community, they bargain and pay for secure retirement, and our Members seek to deliver the best care to their communities and your constituents. So we disagree with any notion that a secure retirement is negative. Second, there is some discussion about fire department's efforts to carve out areas of geography and serve only certain constituents.
- Doug Subers
Person
We think that the failsafe as described by Assemblymember Bennett will address that issue, that this would not be an effort to pick and choose certain communities. It was ensure that the entire community gets service. And finally, there is some suggestion that a Medi-Cal reimbursement rate for public providers is exorbitant. We disagree with that. It is exorbitant.
- Doug Subers
Person
We don't think it's a race to the bottom, and we would just respectfully say that the recovery is borne by the local jurisdiction and the Federal Government, not the state. For these reasons, we respectfully request you aye vote. Thank you.
- Jim Wood
Person
Thank you very much. Others in support.
- Richard Pearce
Person
Richard Pearce, Fire Chief of the Tiburon Fire District, representing fire districts of California. Support. Thank you.
- Chris Tubbs
Person
Chair, Committee Members. Chris Tubbs, President of the California Fire Chiefs Association, in support.
- Jim Wood
Person
Thank you. Thank you. Anyone else? Okay. Opposition to the Bill. I'm sorry.
- Christie Foy
Person
Christie Foy, on behalf of the City of Oxnard, in strong support.
- Jim Wood
Person
Okay, thank you. I'm sorry. You're part of the opposition. Okay, thank you. Are others in support? I'm sorry. I didn't mean to. Okay, whenever you're ready.
- Daniel Shepherd
Person
Good afternoon, Mr. Chair, Committee Members. My name is Daniel Shepherd. I'm a practicing Emergency Department physician, EMS specialist, and current Emergency Medical Services Medical Director for the Ventura County EMS Agency. Speaking you today in respectful opposition to AB 1168 on behalf of a broad coalition of counties. First, we believe AB 1168 will undermine and reverse over 40 years of EMS system planning and will compromise equitable delivery of prehospital medical care to our communities statewide.
- Daniel Shepherd
Person
Prior to the EMS act, regulation of EMS in California was fragmented and haphazard. Nothing required EMS providers to coordinate or integrate their services. The quality of care varied and was not equitable across jurisdictions. The EMS act promised and for 40 years has delivered a coordinated, integrated and readily available system of prehospital emergency medical care and specialty hospital resources for everyone in California, regardless of where one lives or their socioeconomic status.
- Daniel Shepherd
Person
The current California EMS system is built on a comprehensive, two-tiered system of governance across the entire spectrum of emergency medical services through both the state EMS authority and local emergency medical services agencies. LEMSA's LEMSA physician medical directors like myself provide objective oversight in the planning, implementation, and monitoring of the EMS system and advocate for the safety of our communities by focusing on patient needs through impartial assessment.
- Daniel Shepherd
Person
Impartial assessment of system performance in 1997, the California Supreme Court case involving the city and county San Bernardino affirmed the need for counties to manage their local EMS systems. Additionally, more recent cases in my County of Ventura and in the County of San Joaquin reaffirm the need for the coordination, integration, and availability of EMS services countywide.
- Daniel Shepherd
Person
Proponents have argued that this measure ensures cities or fire districts will retain their 201 rights if they enter or have entered into a joint powers agreement for the provision of ambulance service. Nothing currently precludes a JPA agreement from ensuring those administrative responsibilities could be maintained in the context of a JPA. The County of Ventura has administered EMS services in the City of Oxnard for over five decades and long before the enactment of the EMS act, with virtually no involvement by the city.
- Daniel Shepherd
Person
While the proposed amendments narrow the intent of the Bill, we still believe the result of AB 1168 will likely be widespread fragmentation of the organized, efficient and effective EMS system of today and a reversion to the disjointed state that existed prior to the implementation of the EMS act. We still believe cities and fire districts will be able to deem themselves till one entities moving forward, allowing them to leave existing agreements with counties at will.
- Daniel Shepherd
Person
Counties will then be forced to open up already complex ambulance contracting processes while scrambling to provide continued service to impacted residents. We foresee a reduction in quality of care and deepening of health disparities for rural communities and low-income or historically underserved populations. Mr. Chair, while we appreciate the proposed amendments, it still abrogates the Oxford versus Ventra ruling and does not alleviate broader county concerns for the reasons I outlined. California county strongly urge you to stand for our communities and vote no to AB 1168.
- Jim Wood
Person
Thank you, sir.
- Nathan Duvardo
Person
Hello as I introduce myself to my patients. Hello, I'm Nathan, the paramedic on the ambulance. I have 17 years of Sonoma County EMS experience. I'm a field training officer and an AFSCME, a Local 4911 member, and most importantly to today, I am your EMS. I'm the guy in the back with you. Because of all of this, I must oppose Assembly Bill 1168. First, I must echo concerns about regional RFPs creating equity and measurable accountability across the region.
- Nathan Duvardo
Person
I am the person that is face-to-face with my patients. So the cost and quality of that care and service is deeply important to me because to my patients, I am the 911 system. It has been argued that this is improving on the model, but understand that is not what has been attempted. There is numerous avenues for that improvement is multiple disciplines working together led by a physician. This is because some people on this point. This is because some people have not gotten their way.
- Nathan Duvardo
Person
I must also point out a clear contradiction in this Bill. Section two e states that this Bill will not modify, affect, or limit the role of the Medical Director. That is not achievable. When section 2d authorizes departments to remove themselves from RFPs, those are mutually exclusive and cannot coexist. I have to also highlight the loss of regional billing will severely restrict EMS union's abilities to negotiate livable contracts affecting over 70% of California's EMTs and paramedics.
- Nathan Duvardo
Person
That is an attack on bargaining on a scale we have never seen. I ask you to deeply consider how would you want your EMS ran by the desires and opinions of one person. Without enforcement, largely accountable. We must have region-wide LEMSA, physician led, science-driven EMS accountable and enforceable care and service and that the people providing that care are represented and compensated fairly. And we do not see the amendments as presented as having a positive effect on that. Thank you very much.
- Jim Wood
Person
Thank you. Others in opposition, just your name and organization if you represent one, please.
- Shelly Hudelson
Person
Shelly Hudelson, I am the Labor National Representative for The International Association of EMTs and Paramedics and we oppose. Thank you.
- Jocelyn Paulson
Person
Jocelyn Paulson. I'm President of AFSCME Local 4911 representing EMTs and paramedics throughout the State of California and we oppose. Thank you, Members.
- Janice O'Malley
Person
Janice O'Malley with AFSCME, California. We appreciate the Committee's work on the Bill. Yet even with the chair's suggested amendments we still believe that 1168 will lead to a fractured emergency services system and ultimately neglects the impacts to the EMS workforce. Therefore, we remain opposed. Thank you.
- Jim Wood
Person
Thank you. Just your name and organization. I mean, please.
- Adrian Soto
Person
Adrian Soto, EMT, Member of TEMPSA, I oppose.
- Jim Wood
Person
Thank you.
- Stephen Stone
Person
My name is Stephen Stone, I'm a member of TEMPSA and I oppose 1168.
- Jim Wood
Person
Thank you.
- Latifah Alexander
Person
Latifah Alexander with the Association of California Healthcare Districts in opposition.
- Jim Wood
Person
Thank you.
- Lindsay Gullahorn
Person
Good afternoon. Lindsay Gullahorn, on behalf of San Bernardino County, respectfully opposed. Thanks.
- Jim Wood
Person
Thank you.
- Jonathan Feldman
Person
Thank you, Chair and Members Jonathan Feldman, on behalf of the 911 Ambulance Alliance, opposition.
- Jim Wood
Person
Thank you.
- Brian Henricksen
Person
Good afternoon. Brian Henricksen with Global Medical Response, here in opposition. Thank you.
- David Magnino
Person
Good afternoon. David Magnino, representing Sacramento county, opposed, and also representing the Emergency Medical Service Administrators Association of California, opposed.
- Jim Wood
Person
Thank you.
- Jeremy Shoemaker
Person
Good afternoon. Jeremy Shoemaker, American Medical Response, Riverside County, opposed.
- Jim Wood
Person
Thank you.
- Chris Grogan
Person
Good afternoon. Chris Grogan with the Pray and McKayli on behalf of Covalent Health, in opposition.
- Jim Wood
Person
Thank you.
- Jean Hurst
Person
Good afternoon. Jean Hurst here today on behalf of The Urban counties of California and the Ventura County Board of Supervisors, in opposition.
- Jim Wood
Person
Thank you.
- Sarah Dukett
Person
Sarah Dukett on behalf of the Rural County Representatives of California and in opposition.
- Michael Cohen
Person
Good afternoon. Michael Cohen, Medic Ambulance, in opposition.
- Betsy Armstrong
Person
Mr. Chair and Members Betsy Armstrong, on behalf of the County Health Executives Association, representing local health departments, in respectful opposition.
- Jim Wood
Person
Thank you.
- Aaron Vaughn
Person
Aaron Vaughn, EMT, Medic Ambulance. We oppose.
- Jim Wood
Person
Thank you.
- Lisa Curly
Person
Lisa Curly, Medic Ambulance and I oppose.
- Jim Wood
Person
Thank you.
- Steven Buckner
Person
Hello. Steven Buckner with Medic Ambulance. I oppose this.
- Jim Wood
Person
Thank you.
- Catherine Houston
Person
Catherine Houston, United Steel Workers District 12, in opposition. Thank you.
- Jim Wood
Person
Thank you.
- Mike Hesslinger
Person
Good afternoon. I'm Mike Hesslinger, Regional Director for AMR, in Monterey, Santa Cruz, and San Bernardo counties, and I ask that you strongly oppose. Thank you.
- Jim Wood
Person
Thank you.
- Todd Day
Person
Hi there. Todd Day, Rural Metro Santa Clara County, opposed.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
On behalf of San Mateo County Board of Supervisors, in opposition.
- Jim Wood
Person
Thank you.
- Katrina Garcia
Person
Hi. Katrina Garcia, paramedic, American Medical Response from San Joking County, and I oppose.
- Jim Wood
Person
Thank you.
- Aaron Unidentified
Person
Hi, I'm Aaron with AMR, Tipa Local Two, and I'm President. I oppose.
- Jim Wood
Person
Thank you.
- Nicole Henricksen
Person
Good afternoon. Nicole Henderson, Global Medical Response. I oppose.
- Jim Wood
Person
Thank you.
- Carl Spore
Person
Carl Spore, representing the EMS Medical Directors Association of California. We oppose.
- Jim Wood
Person
Thank you.
- Kim Freeman
Person
Kim Freeman, Bi-county Ambulance and Tuolumne County EMS Agency, opposed.
- Jim Wood
Person
Thank you.
- Brian Hajick
Person
Good afternoon. Brian Hajik, American medical response. San Joaquin County, stand opposed.
- Jim Wood
Person
Thank you.
- Katie Andrews
Person
Katie Andrews, Tuolumne County EMS Agency, opposed.
- Jim Wood
Person
Thank you.
- Elizabeth Lickland
Person
Elizabeth Lickland, paramedic with San Joaquin county, in opposition.
- Jim Wood
Person
Thank you.
- Tiffany Riddle
Person
Tiffany Riddle, paramedic for San Joaquin County, in opposition. Also, we'd like you to remember that we, too, dedicate our lives.
- Jim Wood
Person
Thank you.
- Elias Estrada
Person
Elias Estrada, EMT, San Jose County American Medical Response, opposed.
- Jim Wood
Person
Thank you.
- Rachael Blucher
Person
Hi. Rachel Blucher, on behalf of the counties of Contra Costa and Yolo, in opposition.
- Jim Wood
Person
Thank you.
- James Trinkera
Person
Good afternoon. James Trinkera, AMR San Joaquin County and I oppose.
- Jim Wood
Person
Thank you.
- Eric Rice
Person
Eric Rice, paramedic supervisor, San Joaquin County AMR. We oppose.
- Jim Wood
Person
Thank you.
- Brian Shapina
Person
Good afternoon. Brian Shapina, Chief Shop Steward of San Joaquin County. We oppose.
- Jim Wood
Person
I hope you all left somebody in San Joaquin county.
- Gabriel Cruz
Person
Good afternoon. Gabriel Cruz, with American Medical Response, in opposition.
- Jim Wood
Person
Thank you.
- Jill Vincent
Person
Good afternoon. Jill Vincent with American Medical Response, opposed.
- Jim Wood
Person
Thank you.
- Ryan Sack
Person
Ryan Sack, AMR. I oppose.
- Jim Wood
Person
Thank you.
- Chad Newland
Person
Chad Newland, American Medical Response opposed.
- Jim Wood
Person
Thank you.
- Danielle Lance
Person
Danielle Lance, GMR, opposed.
- Jim Wood
Person
Thank you.
- Douglas Brim
Person
Good afternoon. Douglas Brim, Yolo County EMS Agency administrator, representing Yolo County EMS Agency and opposed.
- Jim Wood
Person
Thank you.
- Mike Romo
Person
Good afternoon. Mike Romo, San Bernardino County AMR. I oppose.
- Jim Wood
Person
Thank you.
- Heather Watts
Person
Heather Watts, San Bernardino County AMR, opposed.
- Jim Wood
Person
Thank you.
- Diana McCaferty
Person
Diana McCaferty, AMR San Bernardino County and I oppose.
- Jim Wood
Person
Thank you.
- Mark Beldon
Person
Mark Beldon, American Medical Response Shasta County, opposed.
- Jim Wood
Person
Thank you.
- Tyler Herd
Person
Tyler Herd, representing 4911. I oppose.
- Jim Wood
Person
Thank you.
- Madison Wyan
Person
Madison Wyan, paramedic, Local 4911. I oppose.
- Jim Wood
Person
Thank you.
- Richard Lemon
Person
Richard Lemon, AMR Shasta County, respectfully opposed.
- Jim Wood
Person
Thank you.
- Michael Lysen
Person
Michael Lysen, paramedic, AMR Shasta County, opposed.
- Jim Wood
Person
Thank you.
- Leslie McCoy
Person
Leslie McCoy, Shasta County. I oppose.
- Jim Wood
Person
Thank you.
- Jeff Meisner
Person
Jeff Meisner, labor representative for United EMS Workers, in opposition.
- Jim Wood
Person
Thank you.
- Fergie Bradley
Person
Fergie Bradley, AMR San Francisco I oppose.
- Jim Wood
Person
Thank you.
- Lee Alameda
Person
Lee Alameda, TEMSA United Steel Workers International Union Local 12911, representing Members from Los Angeles to San Francisco. We oppose.
- Jim Wood
Person
Thank you.
- Sam Adeluna
Person
Sam Adeluna, paramedic, Riverside County AMr and United EMS Workers. I oppose.
- Jennifer Curles
Person
Good afternoon. My name is Jennifer Curles. I am a paramedic for Stanislaus County, also Chief Steward. We oppose.
- Jim Wood
Person
Thank you.
- Rod Brohard
Person
Rod Brohard, American Medical Response. I oppose.
- Jim Wood
Person
Thank you.
- Cassie Medeiros
Person
Good afternoon. Cassie Medeiros, AMR for City and County of San Francisco and we oppose.
- Jim Wood
Person
Thank you.
- Michelle Franklin
Person
Good afternoon. Michelle Franklin, Clinical Manager, Rural Metro California. We oppose.
- Jim Wood
Person
Thank you.
- Daryl McCranahan
Person
Daryl McCranahan with Rural Metro Ambulance in Santa Clara County. I oppose.
- Jim Wood
Person
Thank you.
- Jason Chan
Person
Jason Chan with City Ambulance of Eureka and Vice President of the California Ambulance Association. We are opposed.
- Jim Wood
Person
Thank you.
- Jacob Frummer
Person
Jacob Frummer with Sonoma Life Support, opposed.
- Greg Jitsey
Person
Greg Jitsey, Sonoma Life Support, opposed.
- Jim Wood
Person
Thank you.
- Suzanne Cisna
Person
Suzanne Cisna, Santa Clara County. I am a registered nurse and I oppose.
- Jim Wood
Person
Thank you.
- Malcolm Graham
Person
Malcolm Graham, AMR Hemet, Riverside County, opposed.
- Jim Wood
Person
Thank you.
- Susan Nelson
Person
Susan Nelson, AMR, paramedic and Hemet in Riverside County opposed.
- Jim Wood
Person
Thank you.
- Garland Carpenter
Person
Garland Carpenter, Paramedic Field Training Officer, Riverside County. I oppose.
- Garland Carpenter
Person
Thank you.
- Nick Graham
Person
Nick Graham, AMR Hemet, Riverside County. I oppose.
- Jim Wood
Person
Thank you.
- Ambrose Stevens
Person
Ambrose Stevens, AMR, Sonoma Life Support. I oppose.
- Jim Wood
Person
Thank you.
- Johnny Crystalinas
Person
Johnny Crystalinas with Alpha One Ambulance. I'm a paramedic and Emergency EMS Interfacility Transport Manager, and we're in opposition.
- Jim Wood
Person
Thank you.
- Ken Liebman
Person
Good afternoon. Ken Liebman, American Medical Response, Los Angeles County, opposed.
- Jim Wood
Person
Thank you.
- Daniel Iniguez
Person
Daniel Iniguez with Global Medical Response in Stanislaus County, opposed.
- Jim Wood
Person
Thank you.
- David O'Gain
Person
Good afternoon. David O'Gain, AMR, Riverside, Southern California. We oppose.
- Jim Wood
Person
Thank you.
- Peter Goyhanich
Person
Good afternoon. Peter Goyhanich, Sonoma Life Support. I urge you to reject this Assembly Bill.
- Jim Wood
Person
Thank you.
- Alex Hazte
Person
Good afternoon. Alex Hazte, Rural Metro, Santa Clara and I oppose.
- Jim Wood
Person
Thank you.
- Melissa Lionelli
Person
Afternoon. Melissa Lionelli, Sonoma Life Support, in opposition.
- Jim Wood
Person
Thank you.
- Katerina McNulty
Person
Katerina McNulty, Sonoma Life Support, opposed.
- Rachel Fanning
Person
Rachel Fanning, San Diego AMR CCT, RN, Union President, in opposition.
- Jim Wood
Person
Thank you.
- Julie Bell
Person
Julie Bell, AMR San Diego, in opposition.
- Ben Miller
Person
Ben Miller, AMR San Diego, in opposition.
- Teres Rios
Person
Teresa Rios, Monterey County EMS Agency Director, we oppose.
- Jim Wood
Person
Thank you.
- Joe Chidley
Person
Good afternoon. Joe Chidley, American Medical Response. I oppose.
- Esequiel Hernales
Person
Good afternoon. Esequiel Hernales, American Medical Response, San Mateo County, strongly opposed.
- Jim Wood
Person
Thank you.
- Terrence Flores
Person
Terrence Flores, AMR San Mateo County, opposed.
- Jim Wood
Person
Thank you.
- Deanna Sanchez
Person
Good afternoon. Deanna Sanchez, AMR San Mateo County. We oppose.
- Sean Rogoff
Person
Sean Rogoff, AMR Napa County, in opposition
- Jim Wood
Person
Thank you.
- Jesus Guerrero
Person
Jesus Guerrero, Alameda County and I oppose.
- Jim Wood
Person
Thank you.
- Jo Leonadara
Person
Good afternoon. Jo Leonadera with the California State Association of Counties, in opposition.
- Jim Wood
Person
Thank you.
- Michael Oliveri
Person
Good afternoon, Mr. Chairman. Michael Oliveri, AMR Alameda County, opposed.
- Jim Wood
Person
Thank you.
- Jason Bond
Person
Jason Bond, Napa County AMR. I oppose.
- Jim Wood
Person
Thank you.
- Nicole Hicks
Person
Nicole Hicks, AMR Napa, opposed.
- Jim Wood
Person
Thank you.
- Richard Long
Person
Richard Long, AMR Napa. I oppose.
- Jim Wood
Person
Thank you.
- Kevin Mercer
Person
Kevin Mercer, AMR San Diego, and Imperial County, in opposition.
- Jim Wood
Person
Thank you.
- Brandon Walls
Person
Brandon Walls, Imperial County AMR, opposed.
- Jim Wood
Person
Thank you.
- Paul Forney
Person
Paul Forney, AMR San Diego County, opposed
- Jim Wood
Person
Thank you.
- Tom Joe
Person
Tom R. Joe, Alpha One Ambulance, Chief Executive Officer, opposed.
- Jim Wood
Person
Thank you.
- Mark Mendenhall
Person
Mark Mendenhall, AMR Sacramento, opposed.
- Jim Wood
Person
Thank you.
- Paul Maxwell
Person
Paul Maxwell, Imperial County and San Diego County AMR, opposed.
- Jim Wood
Person
Thank you.
- Michael Jones
Person
Michael Jones, Alpha One Ambulance, Chief Administrative Officer, opposed.
- Jim Wood
Person
Thank you.
- Nick Koibian
Person
Nick Koibian, Alpha One Ambulance, opposed.
- Jim Wood
Person
Thank you.
- Matt Burrell
Person
Matt Burrell, Chief Operations Officer, Alpha One Ambulance, opposed
- Jim Wood
Person
Thank you.
- Mike Ryder
Person
Mike Ryder, EMT, opposed.
- Jim Wood
Person
Thank you.
- Noemi Nava
Person
Noemi Nava, NHIIAP, AMR, opposed.
- Jim Wood
Person
Thank you.
- Michael Rice
Person
Michael Rice, Vice President, GMR, opposed.
- Jim Wood
Person
Thank you.
- Arlene Sacamonians
Person
Arlene Sacamonians, AMR Placer, Sacramento, and Yolo, opposed.
- Jim Wood
Person
Thank you.
- Sean Walters
Person
Sean Walters, Paramedic, San Diego County AMR. I oppose.
- Jim Wood
Person
Thank you.
- Paul McKee
Person
Paul McKee, San Diego Emergency Medical Services Association also opposed.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
NICK Hooker, AMR Placer, Sac, and Yolo Counties, opposed.
- Jim Wood
Person
Thank you.
- Michael Strechia
Person
Michael Strechia, AMR Placer, opposed.
- Jim Wood
Person
Thank you.
- Mike Sanders
Person
Mike Sanders, AMR Gold Coast, and Ventura County and I oppose.
- Jim Wood
Person
Thank you.
- Charles Arval
Person
Good afternoon. Charles Arval, on behalf of AMR Ventura County and Local UMSP 1, opposed.
- Jim Wood
Person
Thank you.
- Ivan Mendez
Person
Ivan Mendez, Imperial County AMR, and Union President. I oppose.
- Jim Wood
Person
Thank you.
- Jeffrey Winter
Person
Jeffrey Winter, Operations Manager for Gold Coast Ambulance currently serving the City of Oxnard, opposed.
- Jim Wood
Person
Thank you.
- Jeffrey Schultz
Person
Good afternoon. Jeffrey Schultz, Operations Manager, AMR Ventura County, strongly opposed.
- Jim Wood
Person
Thank you.
- Susanna Silva
Person
Susanna Silva, AMR San Diego. I oppose.
- Jim Wood
Person
Thank you.
- Claudia Rempel
Person
Claudia Rempel, AMR San Diego, in opposition.
- Jim Wood
Person
Thank you.
- Sean Sullivan
Person
Good afternoon, Mr. Chair. Sean Sullivan, Life West, opposed.
- Jim Wood
Person
Thank you.
- Karen Lange
Person
Good afternoon, Mr. Chair. And Members Karen Lange, on behalf of the county boards of supervisors in the counties of Kern, Merced, Napa, Nevada, Placer, Shasta, Stanislaus, and Tulare, all in opposition. Thank you.
- Jim Wood
Person
Thank you.
- Mike Noon
Person
Mike Noon, the EMS Administrators of California, opposed.
- Jim Wood
Person
Thank you.
- Gagandeep Greywall
Person
Gagandeep Greywall, Emergency Medical Directors Association of California, opposed.
- Jim Wood
Person
Thank you.
- Berto Hernandez
Person
Berto Hernandez, Paramedic, Chapter President, United Local EMSW 4911, opposed.
- Jim Wood
Person
Thank you.
- Sean Henschel
Person
Mr. Chair and Members Sean Henschel, regrettably still opposed on behalf of American Medical Response. Thank you.
- Jim Wood
Person
Thank you.
- John Poland
Person
John Poland, representing the Sierra Sacramento Valley EMS Agency, in opposition.
- Jim Wood
Person
Thank you.
- Sean Vincent
Person
Good afternoon. Sean Vincent, representing the Napa County EMS Agency, in opposition.
- Jim Wood
Person
Okay, thank you.
- Marshall Bennet
Person
Good afternoon. Marshall Bennett, representing Contra Costa County in opposition.
- Jim Wood
Person
Thank you. Anyone else? Seeing no one. Bring it back to the Committee. Questions or comments? Mr. Rodriguez, I assume you have a question or comment.
- Freddie Rodriguez
Person
Yes, I have several questions, comments. Don't know where to begin yet. First of all, before I begin, I really want to thank all the EMS workers, whether you work for a private or public agency, my hats off to you guys for what you do day in and day out protecting Californians. As some of you may or may not know, I've been an EMT for over 34 years now. So I worked a lot in Southern California, particularly the L.A. County area.
- Freddie Rodriguez
Person
So this Bill is really difficult for me in some points because I get it where you're coming from on both sides. I have good friends on both sides, either firefighters or in the public EMS agencies. But I just wanted to touch base on some of the comments that were made on both sides on the support and opposition. I'll just start with the opposition really quick. I know, I'm sorry, Doctor, I didn't catch your name.
- Freddie Rodriguez
Person
But you talked about this 40 years of EMS in the industry, right? That we've had all these laws and things done, and really, it doesn't seem like there's a big deal in changing things because things seem to work well in. I forgot what county? Santa Barbara County? I forgot where it was. Right?
- Unidentified Speaker
Person
In Ventura County. I work in both, but yeah.
- Freddie Rodriguez
Person
And I think, yeah, I guess you're true to a degree that maybe some counties do a better job than others in providing service, really, at the end of the day, because they're very dynamic. The rural settings or the urban settings. So I think because it's been such a long time, over 40 years, I think there has to be some changes on the way we provide service.
- Freddie Rodriguez
Person
To me, at the end of the day, whether it's a private or public ambulance responding to any emergency in California, that they be there in their contracted response times, whether it's the eight minutes, 10 minutes, whatever it is. But I think now we're living in a different age. Right? I think the pandemic has really moved us in a different direction, providing, in this case, emergency care to our communities throughout California. So 40 years, it's been a long time.
- Freddie Rodriguez
Person
I think we reevaluate policies and procedures moving forward. And once again, like I said, some counties do a better job than others. And that leads me to believe that the next question is for folks on the support side. Chief from Oxnard, you said in your comments the reasons you guys had this issue because there was over, I think, 1900 times an ambulance wasn't available. Do we know why an ambulance wasn't available to respond to those calls?
- Alex Hamilton
Person
Apologies. Committee Member Rodriguez, generally, those ambulances were moved out of the ASA Six Area, which is in the City of Oxnard, to cover other areas of the county. And it was 1200 times in 2019.
- Freddie Rodriguez
Person
And that was in one full year?
- Alex Hamilton
Person
Correct.
- Freddie Rodriguez
Person
So that was obviously in violation of the contract agreements.
- Alex Hamilton
Person
The contract doesn't cover absences within an EOA, but it does contribute to those late responses that we were having, because we're often having ambulances come in from outside the area, and so obviously, they're not making their eight-minute compliance. And we see that most definitively in, like I said, the poorest areas of our city.
- Freddie Rodriguez
Person
And would there be a reason why, if anybody can answer why in these disadvantaged communities we're having long response times? Could anybody answer that question?
- Alex Hamilton
Person
I don't have a good answer for that question other than those ambulances are getting moved to, they're moved to other areas of the county where arguably there's better reimbursements. But I don't have a good answer. I'd just be speculating.
- Freddie Rodriguez
Person
And that just comes to my question why we're living in a day and age, and it doesn't matter where you live, that that ambulance should be there per that contracted agreement. So maybe for the firefighters here, I know we talked a little bit about the origins of the Bill, but really, what was the intent of the Bill? Is it to improve emergency response or outcomes of patients at the end of the day, moving this Bill forward?
- Doug Subers
Person
I guess I'll take that. Thank you, Assembly Member. I think, from the CPF's perspective, this measure has created ambiguity in whether or not these jurisdictions that entered a JPA have their rights, or if they're going to go into a JPA in the future, will they have their rights? From the CPF's perspective, this is all about patient care. Whether the service would be being provided by a public provider or a private provider, like every one of your constituents deserves high-quality EMS services should they call 911 and need them.
- Doug Subers
Person
And I think our focus here is to create that clarity. And in places where there could be a partnership between a jurisdiction that currently has their 201 rights and a broader area of the county to work together to improve service, we think that should be done. We do think this Bill provides that clarity for those people moving forward.
- Doug Subers
Person
And I would just note that we are not aware of any case law that suggests you can write into a contract that this doesn't affect your 201 rights. As this Committee knows, there are multiple bills that work on various policy issues around EMS services. And oftentimes you will see a provision that references rights under 1797.201 and 1797.204 and that is just to make it clear that the Legislature is saying that we are not trying to. Doing an activity is not intended to interrupt those rights.
- Freddie Rodriguez
Person
Okay. Also have a couple more questions for you, Doug. On that note, in this area, like what's happening in Oxnard and maybe others, that this would impact. What type of impact will this have on the private EMS workforce out there that's currently there if we do that change?
- Doug Subers
Person
So the only example that I could speak to, and maybe I will defer this to Chief Hamilton, that was when the City of Oxnard did attempt to exercise their rights. Prior to the litigation, they were going to work with an existing private provider to deliver the service. Should this Bill become law and someone in the future exercise their rights that are in a current JPA, I would be speculating about who's going to deliver that service.
- Doug Subers
Person
Could it be a public private partnership or could it be just a public agency? I would only be speculating there, and then going forward, it would be largely dependent upon an agreement between a city and the county for the delivery of services. Would it be to supplement existing providers or in lieu of. I mean, it would just be dependent on the circumstances. The one that we're aware of relative to this Bill is certainly the City of Oxnard and the County of Ventura.
- Freddie Rodriguez
Person
Yeah, because I'm hearing from a lot of the folks on the opposition that if this Bill to go through, that pretty much is going to shut the door to the private sector EMS, because there'll no longer be a need for them because the departments will do their own. So it just kind of makes, if there's any clarifications in that, because once again, this Bill is only narrowed down to 10 JPAs. Really.
- Freddie Rodriguez
Person
This isn't a statewide mandate, correct?
- Doug Subers
Person
That's certainly the intention of the Bill, Assembly Member, is to address those JPAs that we have found to be where fire is providing EMS. There are 62 total that are referenced in the analysis, and about 10 of those, our assessment, are the ones that do ambulance services. We have then tried to go through each of those and determine who would have 201 rights, because that is another key portion of the Bill.
- Doug Subers
Person
But the intent here is not to generate a massively broad application, I think, of the provisions here, and I think the Chair and Committee staff were working on amendments to attempt to make that clear, and I think that is the intention there to narrow it down to the universe that we know.
- Freddie Rodriguez
Person
Chief, do you had a question? Follow up?
- Alex Hamilton
Person
Yeah, just a quick follow up. I will say that I'm a strong proponent of the public private alliance. I think there is absolutely a role for private providers to play in the emergency medical response arena.
- Alex Hamilton
Person
But to your question about the pay and working conditions, what we had dictated in our contract with Falcon Ambulance under that alliance model was that EMTs would receive an increase in their pay of 21% and paramedics would have an increase of 32% in their pay of what the pay was at that time. Additionally, their working conditions would be improved because there'd be none of the non-emergency intra-facility transports that the current 911 units have to do.
- Alex Hamilton
Person
And they often have to do these in the middle of the night when the 911 responses slow down. Separately, we were dictating better equipment on those ambulances, things like power lift cots, so that they can save the EMTs' and paramedics' backs. And so we were very conscious of making sure that the working conditions were going to be improved for those EMTs and paramedics through our alliance with Falcon Ambulance.
- Freddie Rodriguez
Person
Okay, one last question, probably for the firefighters. Will fire districts or cities that assert their 201 rights self-regulate their goals, or LEMSAs continue to ensure the response rates in current standards?
- Doug Subers
Person
Thank you, Assembly Member. It's certainly my understanding that any fire agency that would be delivering EMS services in a LEMSA would be subject to the rules and regulations that a LEMSA has regarding medical protocols and et cetera. A Department could certainly act within its service system to determine, I guess, where units are allocated. You have strategically located firehouses already in communities, so I think there would certainly be the oversight from the LEMSA, and we don't see this Bill undermining that.
- Doug Subers
Person
And then it would be dependent on the situation, I think.
- Freddie Rodriguez
Person
Okay, that'd be my last question for now. Unless somebody has a question.
- Unidentified Speaker
Person
I'm sorry to be out of turn. May I add some answers to your.
- Jim Wood
Person
Go ahead.
- Freddie Rodriguez
Person
Through the chair?
- Unidentified Speaker
Person
Thank you. So I want to be clear. I can't speak to the specific experience in Oxnard County. I don't serve that area. But you had asked a question initially about response times and level zero, or there being no ambulances available and what might contribute to that. So I think if you have the experience in EMS, you know that pretty much every system has things that influence the amount of available ambulances and at any given moment.
- Freddie Rodriguez
Person
Okay. Yes.
- Unidentified Speaker
Person
And there was a concern about delayed response times in particular areas. I think that in the environment around an RFP that has contractual language for response times that are mandated and enforceable, if that's not occurring or if that's not adequately serving the community, to make an effort to enforce that language or strengthen that language, I think is definitely potentially something that's important.
- Unidentified Speaker
Person
Again, I can't speak to the specifics of Oxnard, but to take the step of removing an agency from the RFP that then suddenly does not have response time requirements that are only existent inside of an RFP, I think is the opposite move towards addressing concerns around response times. Right? So I think that's one element to response times. And you had also asked a question about medical direction.
- Unidentified Speaker
Person
And I think the conversation of response times and medical direction have been interesting hand in hand in this Bill, because the statement is made that this Bill does not limit the role of a Medical Director. The Bill talks a lot about response times negatively impacting patient care.
- Unidentified Speaker
Person
And in an environment where a Department removes themselves from an RFP and there is no enforceable response time requirements, I do see that as limiting the role of a Medical Director to enforce language that was previously existing, that now has been removed because there is no more RFP. So hopefully that answers, zero, and then I also wanted to speak to the impact on the workforce you had asked about.
- Unidentified Speaker
Person
So I think we can all understand that the pooling of resources in a region creates more services and more available resources for both the community members as well as unions. Right? And I think that as they've talked about, to remove themselves from a Bill, remove themselves from an RFP, it only has to be certain counties or certain cities that have the financial means to do so. So in the context of the workers' rights and the limitation on the workforce. If the most lucrative cities in a region have the financial resources to remove themselves, and then they do that, the abandoned ones are presumably the ones that don't have those resources.
- Unidentified Speaker
Person
And so to have the union be able to negotiate equivalent contracts becomes much more difficult, because down to this analogy. But the meat on the bone has already been removed and is serving a particular city as opposed to the county. So I hope that that provides some context for your question, from my perspective.
- Freddie Rodriguez
Person
Doctor, did you have a question?
- Unidentified Speaker
Person
Yes, thank you, Assembly Member Rodriguez, through the Chair. I think, obviously, we don't want to relitigate the case in Oxnard, but it's safe to say that Ventura County has a much different perspective of the data. I'm ethically obligated to make sure the system is as functional as possible, and I would never create a system or allow a system to continue that was neglecting certain areas of the county.
- Unidentified Speaker
Person
When we read the data, we found areas of the county with very high income areas or wealthy areas that had longer response times than Oxnard. And I think so that kind of goes against the narrative that they were targeting certain areas. And we have an exclusive system, so the ambulance provider is getting the transport either way. So it doesn't really benefit them to just focus on one area and neglect another. And the EMS Act is 40 years old, but the systems are not.
- Unidentified Speaker
Person
We are constantly innovating, and as new techniques develop, as new methods of deployment and sort of response, we're always thinking about doing EMS assessments and trying to improve the system we provide to our communities. And that's where the competitive procurement process is important, because the bidders can give their vision for the city or for the county, and the counties can analyze that and find the best option for the county and we can move forward.
- Freddie Rodriguez
Person
Okay, thank you. Once again, I'm just talking about how there's a need in some areas to make some changes, right. If the system is working great the way it is, leave it alone. But if there's other areas where we're having some issues with response times or the delivery service by whether it's the private or the public agency, there has to be changes. We can't continue kicking the can down the road like they say. This Bill came to us last year.
- Freddie Rodriguez
Person
Unfortunately, it came towards to the end. We really couldn't have any discussions and the Bill didn't move. It's back here today where now we can have some discussions about it moving the Bill along, because definitely there is a need for some type of changes. Right? And everybody's going to learn to, we're not going to be able to get everything, but we're going to learn to agree and disagree and hopefully come to a better understanding. How do we provide EMS services across the state?
- Freddie Rodriguez
Person
And once again, you should not be waiting for ambulances in these disadvantaged communities. As one of the references, we talk about why this Bill came forward. It may be just a staffing issue, whether it's the private agencies or the public agencies, but we should not once again, delay the responses to our communities in the state.
- Freddie Rodriguez
Person
Once again, this Bill has me very torn about both sides, but I think this is a very important that we need to continue having this discussion and hopefully getting in a better place with everybody and really ultimately making sure that those ambulances are responding appropriately, as they should. So I know we don't have a quorum yet, but I'll probably be looking to support this Bill to continue that discussion because I think it goes to another Committee after this one.
- Freddie Rodriguez
Person
And with that in my comments, I'm sure Chair, you might have something to say as well. Thank you.
- Jim Wood
Person
Thank you, Mr. Rodriguez. So a question to the chief from Oxnard. Excuse me. You mentioned something about interfacility transports. Could you repeat what you said? You said something about negotiations regarding.
- Alex Hamilton
Person
So one of the things that. It was in reference to improving the working conditions of the paramedics and EMTs through the alliance that we had with Falcon Ambulance. In the current system, 911 ambulances are occasionally pulled away from 911 response to do these non-emergency intra-facility transfers, and often those transfers will occur in the middle of the night. So an EMT or a paramedic that's been working on an ambulance all day running 911 responses is then asked to do a non-emergency transfer during the night.
- Alex Hamilton
Person
The day after that, the City of Oxnard council voted to leave the JPA. We had a full arrest call in a lower socioeconomic area, and the ambulance assigned to that area was down in Los Angeles running an IFT call at the time, resulting in a late response from the next nearest ambulance. This is an example of what happens on the ground for us when they do these non-emergency IFT transfers.
- Jim Wood
Person
So don't some of those IFT transfers come from hospitals to go to, like, skilled nursing facilities or other areas which then free up hospital emergency rooms and beds?
- Alex Hamilton
Person
Absolutely. And there is absolutely a role for IFT ambulances to play, but I don't like the idea of moving ambulances that are dedicated for 911 response away from 911 response. I would way prefer have those units available to respond to emergencies and have other ambulances available to do IFT responses because you're absolutely right, they play a critical role in the system. They do need to move patients out of the hospital so that the hospitals can accept more patients.
- Jim Wood
Person
Okay. Just these, these things just add to the complexity of this entire subject and which is really challenging. So I do not envy you, Mr. Bennett. You're sitting between a county on one side that's in opposition, a city on the other side that's in support of this Bill. You're in a no-win situation, so God bless you for that. But at the end of the day, we have healthcare districts in opposition, counties in opposition, labor in opposition.
- Jim Wood
Person
I didn't know Steel Workers actually represented EMS folks as well. We have a Medical Director in opposition. We have a city in support. We have CPF in support. Just a couple of other comments. Those are just observations. So I would say, and my friend Mr. Rodriguez and I honor his work and all the years and everybody who provides life-saving services here. In my district, the north coast, it's 300 plus miles from north to south. I have one of the largest districts in the state.
- Jim Wood
Person
If we had eight minute response time in every part of my district, I don't know how many ambulances we'd have. We'd have a whole lot of them. We will never be able to achieve that kind of response in my district because of the nature of the geographic centers and the rugged nature of the district in general. My concern with the Bill from the beginning has been what I continue to worry about is further fragmentation of an already challenged system here.
- Jim Wood
Person
And as I said, my preference would be for supporters and opposition to get into a room and work this out in a way that we could come to some agreement that maybe merits a legislative proposal or maybe not. But what I would say is that this is the first committee and I want this conversation to continue. And that I believe that is in light of the fact that it doesn't appear we're going to get everybody in a room to really work this out.
- Jim Wood
Person
And maybe you can, Mr. Bennett, I hope you can. But we need this discussion to continue going forward. And so when there is a quorum, I will recommend an Aye vote to keep the conversation going. But I will remind you that if the Bill does make it through both houses and it doesn't come back in a format that suits the concerns of the Committee, this Committee does have the last say. So with that, would you like to close?
- Steve Bennett
Legislator
I would normally like to close with just a respectful request for an Aye vote, but I don't think that's appropriate in this situation. So if you will indulge me to make some comments, I would appreciate it. Number one, again, I recognize and I appreciate the sincerity of your comments as you go forward in terms of what your goal is, which is we don't want to fragment the system. And I appreciate Assembly Member Rodriguez being here and asking those thoughtful questions.
- Steve Bennett
Legislator
And Assembly Member Aguilar, this is a Big Committee, and there's three of you here, and there are many other Committee Members that I wish could hear this. The first thing I'd just like to say is, it was good for me to be here today because it was good for me to hear the fear that I'm hearing from people out there. If, in fact, I thought this was going to destroy my union, it was going to destroy my working conditions, I would be fearful about this.
- Steve Bennett
Legislator
And whenever change is made, when you do public policy, it is easy to have the portrayal of some part of a Bill and portray it in a way that escalates the fear or doesn't. And I'm not saying it's wrong to escalate the fear. That's just a fact. People link this, then this means this, and then this means regionally you can't Bill, and then therefore you lose the ability. Those are all logical questions to be asked.
- Steve Bennett
Legislator
And that's why, as I was approached about this Bill, I appreciated the challenge of saying, I think that I'm in a unique position to be able to try to bring that same conversation that you're talking about together. And so let me share something that is important, I think, for everybody to know. I served on the Ventura City Council and cities generally and hasn't been pointed out, but the League of Cities is the sponsor of this Bill.
- Steve Bennett
Legislator
While you've identified many people who are in opposition, you have cities across the state that many of them are overwhelmingly in favor of this change. And that's been the case for decades, that there's been this tension between cities and counties.
- Steve Bennett
Legislator
While I was on a City Council new to the City Council, didn't know very much, but I advocated, and I believe that having our firefighters, who have been transitioning more and more from just fire suppression to more and more medical calls and stuff, that it just made sense for them to be more involved in this. And I actually moved this forward unbeknownst about all of the things as a new City Council Member that was going on with the county and the EMS Act, et cetera.
- Steve Bennett
Legislator
Not long after that, the County of Ventura overrode the decision of the City of Ventura. That I actually came for presented. And I became a county supervisor for 20 years. And for 20 years I was a big advocate of EMS and a coordinated system. And I had learned from that experience that what I had created in the City of Ventura, unintentionally, was a truly fragmented system. The City of Ventura was just going to pull out and not pay attention to the unincorporated areas.
- Steve Bennett
Legislator
So I became a strong advocate for the EMS system. And I completely believe and support the doctor when he says, I'm not trying to discriminate with anybody when I'm managing the system, I'm trying to just do it. It's just difficult. And Ventura County is a classic example. It is a semi-rural county. We have very hard-to-reach areas like you have in your area. Some of those are enclaves of very high-income people, but hard to get ambulance service to.
- Steve Bennett
Legislator
And some of them are enclaves of very low-income, disadvantaged people, also geographically just very difficult to provide ambulance service to. And so as this came forward, I thought, I know this issue and I don't want to break the system up. I don't want to have this engender, undue fear in everybody that we're unraveling the whole thing.
- Steve Bennett
Legislator
So as the doctor spoke, what I heard was a comparison between what could happen if we unravel the system, a comparison between what was happening before we had a system and now. And I'm sure you don't want to go back there, and I'm sure I don't want to go back there. And I firmly believe that's what we'll come up with is something that does not take us back there.
- Steve Bennett
Legislator
But as Assembly Member Rodriguez said, after 40 years and after the experiences I've had on both sides of this, I do think that particularly with the recent ruling by the judge, it calls into question, is there a need for clarification after 40 years and a judge's ruling that says cities that didn't even know they were giving up their 201 rights gave them up?
- Steve Bennett
Legislator
Well, that seems like an appropriate time for us to have this conversation, and I hope we can have it in a way that does not cause the fear to go up, but is recognized by both the opponents and the supporters that we're trying to get to a place that clarifies those 201 rights, that clarifies that judge's decision, that allows for appropriate modifications, that allows for places where fire districts are really primed to potentially enhance the service of pre-hospital delivery and all of that, to have those fire districts where they're able to do that, be able to work with private ambulance, whatever system seems to work, but take advantage of that and have that conversation and have this Bill, as you said, be narrowly limited.
- Steve Bennett
Legislator
So there's two things I really appreciate. One, the failsafe, we will not leave the unincorporated areas right next to a city behind. And the reference that when they get out, they won't have any response times is not the Bill that I'm hoping is going to come out of this. The intention here is that they will still have to meet all the requirements that the EMS system puts on them, that the LE, whatever you call that leaf lesmus system, what's that? LEPIS system puts on? Right.
- Steve Bennett
Legislator
That they will have to have response times, they will have to have all this, they will be monitored. So by narrowing this, by having it limited, with the attempt that the Committee is trying to do, by having them recognize that they're pushing for a limited Bill, not the Bill they did last year, where they just wanted to wipe out the system, have it apply countywide, I think this is an appropriate time for us to continue to have that conversation.
- Steve Bennett
Legislator
And finally, the way I envision it, just in clarity with the Chair, because we will have more conversations on this, I am sure if this passes out of this Committee, is that the intention is a city and their fire district, assuming in this situation would have to negotiate with the County of Ventura, we want out, what's the right way for us to get out?
- Steve Bennett
Legislator
Maybe the County of Ventura will say, well, you just go ahead, go on, because we can actually do the rest around you better without you. All right, that could happen. Or they'd say, no, you've got to take all of this stuff because we can't do that properly. But there's going to be a negotiation. There's going to be this healthy collaboration about what the best system is.
- Steve Bennett
Legislator
And maybe after 40 years, we may find that that enhanced conversation between cities and counties will lead to a better system in a few areas, and we can all learn something from that to decide whether there should be more or less or whatever. And if you're terrified that this might ultimately change the system, yes, you will then not want to have any change.
- Steve Bennett
Legislator
But if you have confidence that you're providing good service already, that if the elected representatives of the people that you're serving are comfortable with what you're doing, you ought to have confidence that we should be able to find an appropriate combination here that works for everybody. Thank you for indulging me with that. And with that, I would respectfully ask for an Aye vote whenever you have a quorum here.
- Jim Wood
Person
Okay.
- Steve Bennett
Legislator
And I genuinely look forward to talking to anybody in the opposition that wants to talk about where we go. Thank you.
- Jim Wood
Person
Great. Thank you, Mr. Bennett. I want to thank the witnesses. I want to thank everybody who traveled here to be here today for this discussion. This is the first committee. There will be additional discussion going forward, and I look forward to those discussions. Like I said, when we have a quorum, the Bill will enjoy a do pass recommendation. Thank you, Mr. Bennett. Thank you to the witnesses. We'll wait just a minute to let people move out if they'd like to.
- Jim Wood
Person
Okay, Ms. Bauer-Cahan, are you ready? Whenever you're ready.
- Rebecca Bauer-Kahan
Legislator
Thank you, Mr. Chair.
- Rebecca Bauer-Kahan
Legislator
We promise us to be slightly shorter than the last one. We're here to present AB 352, a Bill to further protect reproductive rights by preventing information on abortion from crossing state lines. This Bill came to me a year ago in the midst of the post Roe work we were doing.
- Rebecca Bauer-Kahan
Legislator
A Doctor in my district who provides abortions in the hardest to reach parts of California and beyond, in border states where people have to leave their own states to go access abortion came, and she had been in one of those border states and noticed that the electronic medical records were crossing state lines, and she was able to see every single thing that was happening in another state.
- Rebecca Bauer-Kahan
Legislator
And she realized that for those patients crossing state lines, taking the time and effort and at times risk to go receive that health care, the information was seamlessly shared back to their home state, risking both criminal and civil penalties depending on what the state has done at this point.
- Rebecca Bauer-Kahan
Legislator
So as our further efforts continue to protect those accessing safe and legal abortions here in California, we are bringing this Bill forward to protect the privacy of our patients, to ensure that they have access to that safe and equitable health care, including abortion, and in so doing are protected from those records going out of state and them facing that liability. With me today is Lisa Matsubara, Vice President of policy with Planned Parenthood, and Dr. Michelle Gomez, a family medicine physician and abortion provider.
- Jim Wood
Person
Please.
- Michelle Gomez
Person
Good afternoon, Chair Wood and Members. I'm grateful to be here in support of AB 352. My name is Dr. Michelle Gomez, and I'm a family medicine physician and volunteer clinical faculty with UCSF School of Medicine in California. I've been providing and teaching both primary care and abortion for 20 years, and I'm here today because I'm deeply concerned for my patients and my colleagues. First and foremost, abortion is safe, effective, and a common procedure with Low complication rates.
- Michelle Gomez
Person
Decades of studies support the safety and efficacy of abortion procedures, including medication abortion. When patients seek this care in California, we must do all we can to protect their confidentiality, particularly if that patient is traveling to California for care and must return back to their home state where abortion may be banned or criminalized.
- Michelle Gomez
Person
While the exchange of electronic medical information is valuable in making sure providers have essential information to provide appropriate care in states where abortion is criminalized, the exchange of information may expose patients to prosecutions and other state actions that are harmful to them. Let me give you two examples from my own experience. I have patients who live in Texas who come to me for abortion care in California.
- Michelle Gomez
Person
In one case, a Texas patient returned home to Texas, continued to experience bleeding, and sought follow up care in the emergency room that day, I got a notification through my electronic medical record that the patient was seen in a Texas ed. I could see the whole visit, and it occurred to me that the provider that saw the patient in the Texas Ed could also see her entire visit with me, that the Texas Doctor could see that this patient had had an abortion in California.
- Michelle Gomez
Person
The chart also showed that the patient was referred to an OBGYN in Texas who could also see that she'd had an abortion in California. At a time when Texas law is trying to punish providers, patients, and those who help patients under the state's abortion ban, I wondered how many other people, nurses, social workers, billing people, etcetera, had access to that information through the patient's medical record.
- Michelle Gomez
Person
Under Texas law, I could be punished with life in prison and or a $100,000 fine just for helping a patient do what she felt was best for her own body and her family's future. Also, under Texas law, anyone close to my patient who may have known what she was doing could be sued for $10,000 and serve up to five years in prison for aiding and abetting her.
- Michelle Gomez
Person
I also have a colleague who reported that a patient who traveled to her for care from a state with an abortion ban went back to their home state, where information in their medical record related to the abortion care they received resulted in a report to Child Protective Services. This patient is now dealing with the ramifications of being accused of being an unfit mother. As a mother myself, I cannot even imagine that heartbreak and fear.
- Michelle Gomez
Person
Other providers have also shared that they've resorted to using paper records rather than the electronic health records for out of state patients to better protect their confidentiality, a move that makes it harder to reconcile the patient's medical charts and may expose providers to other forms of legal liability. This is urgent. We do not want to wait until someone is harmed before we do something in California to protect abortion patients and providers. These are real lives with real consequences.
- Michelle Gomez
Person
And California has the opportunity to continue to be a leader in the fight for reproductive freedom and protect patient privacy. Thank you.
- Lisa Matsubara
Person
Good afternoon, Chair Wood and Members. My name is Lisa Matsubara. I'm the General counsel and VP of policy at Planned Parenthood affiliates of California, representing the seven Planned Parenthood affiliates throughout the state who operate over 100 health centers in California and provide over 1.3 million patient visits annually. I'm here today in support of AB 352.
- Lisa Matsubara
Person
For Planned Parenthood health centers, confidentiality is at the core of its role as a trusted healthcare provider, and patients should be able to access sensitive services, including abortion care, with dignity, compassion, and without fear of having their private information widely shared. The importance of confidentiality is even more important in today's legal landscape following the Supreme Court's decision in Dobbs that overturned the protections in Roe and now allow states to criminalize abortion.
- Lisa Matsubara
Person
As of today, 13 states ban abortion at all stages of pregnancy and five states have implemented previability bans, with several states also considering legislation that further restricts access. While I recognize the importance of the exchange of health information in caring for patients, we are now facing an unprecedented scenario where information that is a part of a patient's care in one state, when shared through an electronic health record system in another state, may put the patients and their providers that provided that care at risk.
- Lisa Matsubara
Person
A recent report by If/When/How showed that among people who are investigated or arrested for allegedly ending their own pregnancy or helping someone else do so, almost 40% of them came to the attention of law enforcement when they were reported by their healthcare providers. No patient should fear that their medical records would be used as evidence against them. And we must ensure that people who get care in California are not risking their lives and freedom when they return home.
- Lisa Matsubara
Person
AB 352 will provide further protections for medical records and make sure that California is a haven for reproductive health care. Thank you.
- Jim Wood
Person
Thank you. Others in support? It's just your name and organization. If you represent one.
- Martin Radosevich
Person
Good afternoon, Martin Radosevich, on behalf of CNMA and NARAL Pro Choice California in support.
- Jim Wood
Person
Thank you.
- Chao Jun Liu
Person
Good afternoon. Chao Jun Liu with the Electronic Frontier Foundation in strong support. Thank you.
- Alexis Rodriguez
Person
Alexis Rodriguez with the California Medical Association in support.
- Jim Wood
Person
Thank you.
- Ryan Spencer
Person
Ryan Spencer, on behalf of the American College of OBGYN's District Nine, we are co sponsors on the measure in support.
- Jim Wood
Person
Thank you.
- Taylor Jackson
Person
Taylor Jackson with California Health Plus advocates. Representing California's community health centers in strong support.
- Jim Wood
Person
Thank you.
- Veronica Villalobos
Person
Veronica Villalobos Cruz with the California Latinas For Reproductive Justice and support.
- Jim Wood
Person
Thank you.
- Onyemma Obiekea
Person
Good afternoon. Onyemma Obiekea with Black Women for Wellness Action Project in strong support. Thank you.
- Jim Wood
Person
Thank you.
- Lucy Quacinella
Person
Lucy Quacinella, on behalf of Maternal and Child Health Access, in strong support.
- Jim Wood
Person
Thank you.
- Bryce Docherty
Person
Mr. Chair and Members. Bryce Doherty, on behalf of the California Academy of Family Physicians and support.
- Jim Wood
Person
Thank you. Anyone else? Okay, seeing no one, is there opposition to the Bill? Seeing no opposition, we'll bring it back to the Committee for questions or comments. Any questions? Ms. Aguiar-Curry?
- Cecilia Aguiar-Curry
Legislator
I don't know how to say right now, it's been so upsetting the past couple of weeks. It goes from bad to worse. And I really want to thank you, Assembly woman, for taking this on. It's risky. People give us a bad time about things in this realm of talking about women's freedoms and reproductive work. And I'm really proud that you've taken this on and that your supporters here and sponsors realize and have brought it to our attention of what's happening in the inequities.
- Cecilia Aguiar-Curry
Legislator
And so I want to thank you for bringing it forward, and I'd like to be a co author of the Bill.
- Jim Wood
Person
Thank you. Dr. Weber.
- Akilah Weber
Legislator
Thank you. Thank you to the sponsors for this Bill. It is definitely needed. And I'm sorry, I was at another Committee. So I just want to make sure that I am clear that this is just for people who are requesting information out of state. Correct?
- Rebecca Bauer-Kahan
Legislator
Do you want to address how it works?
- Lisa Matsubara
Person
Yes. The restrictions in sharing information is in response to requests from out of state.
- Akilah Weber
Legislator
Okay, perfect. And the only other thing that I would say, and maybe this was mentioned, is really figuring out when the particular patient would be consenting for this. Is it a one time consent or is it, I'm consenting to release this test versus I've got a consent to release the five tests that I have at different times. So is this information put in a pool of sensitive material? Because we have that right now with some of our electronic medical records, there's a pool of sensitive material.
- Akilah Weber
Legislator
And so if I'm consenting, it's really for all of that, or is it just one piece of that? So I know the discussions will continue, but that's going to be an important thing to kind of figure out to make sure that this is as successful as we'd all like it to be. But thank you.
- Jim Wood
Person
Anyone else? Just a question. And first of all, look, I'm in support of the Bill, and when we do have a quorum, I'm going to recommend an aye vote. I do have a question and thinking, just as a medical provider, if a woman has a complication out of state, like your patient you talked about in Texas, and obviously the sensitivity about why there's a medical complication, how do we ensure that the patient is getting the appropriate care and that there is a diagnosis to support that?
- Jim Wood
Person
Because if we don't have the information, then how do we know you're treating the right condition? Because the patient's not going to want to say anything. And what if the patient's unconscious? Maybe that's rare. That's probably extremely rare, but it is a possibility. If you've lost enough blood, you could be unconscious. So help me understand that we're not inadvertently creating a situation where someone doesn't get the appropriate care and they have a complication that could be avoided.
- Michelle Gomez
Person
Absolutely. That's a great question. And of course, our primary concern is always for our patient safety. Fortunately, abortions are extremely safe. They're actually safer than carrying a pregnancy to term. So just for that perspective, it's probably 14 times more dangerous to carry a pregnancy to term in the United States than it is to have an abortion.
- Michelle Gomez
Person
But right, sometimes there will be complications, and bleeding is one of the most common complications. Fortunately, it doesn't tend to be enough bleeding where people are unconscious. I don't have exact numbers for you, but I can tell you it's extremely rare that patients need a transfusion after a medication abortion, for example, which is what more than half up abortions are now. It's about one in 500 cases where patients need a transfusion. So it's extremely rare, less than 1% of the time. Are there significant complications.
- Michelle Gomez
Person
However, if there is a complication that takes a patient to the emergency department, there is no difference between bleeding from an abortion or bleeding from a miscarriage. So that patient could still use it is a form of a miscarriage.
- Michelle Gomez
Person
Right. The pregnancy is not continuing. So they could say that they were pregnant, they're having bleeding. They don't know why. It's up to them to share what they want to share. But there is nothing about bleeding from an abortion that would need them to talk about that. The treatment would be exactly the same. I would also say that in most cases, because it's uncomplicated, a first trimester, uncomplicated abortion is not relevant. Past medical history, it's like having an IUD placed.
- Michelle Gomez
Person
So they certainly don't need that information unless there's a complication. I hope that answers your question.
- Jim Wood
Person
Yeah. Thank you, and I appreciate that. Just kind of a follow up question. Is the information redacted or is it just not included? Because if you're submitting a report that's redacted, it's kind of a clue as to what the heck is going on or what has happened for this patient. So explain that to me, if you don't mind, please.
- Lisa Matsubara
Person
So I think in response to Assembly Member Weber's, there are some details on the implementation side that I think were pointed out in the Committee analysis that we are going to be addressing. But this Bill also has a provision in it that would require electronic health record systems in California to create certain technological capabilities to properly segregate the information.
- Rebecca Bauer-Kahan
Legislator
And if I may, as Dr. Weber mentioned, this is not the first time that this type of practice is happening. Right? Substance abuse, for example. Patients can withhold that, and it isn't shared through electronic medical records. So the concept here is not a new one. We're just applying it to new areas.
- Jim Wood
Person
Great. Okay. Thank you. Any other questions? Thank you. The Bill does enjoy do pass recommendation, and when we get a quorum, we're getting closer slowly, but anyway. So would you like to close?
- Rebecca Bauer-Kahan
Legislator
Yeah. Thank you, Mr. Chair and Members, for your support and also for all that we've done as a Legislature. I think in the past week or two weeks, we saw a foreign state criminalize assisting a youth in accessing abortion out of state. Right?
- Rebecca Bauer-Kahan
Legislator
So imagine the scenario where a young child, sexually assaulted, gets pregnant. Mom decides to take that child out of state to access abortion services safely and legally, and the medical records then are shown in state, and that parent is criminalized under human trafficking laws. That's what we're talking about here.
- Rebecca Bauer-Kahan
Legislator
And people have a right to access safe and legal health care, and we want them to do it here in California, and we want them not to have the negative consequences that other states are trying to put on what is health care. So thank you. And I respectfully ask for your aye vote.
- Jim Wood
Person
Okay. Thank you. When we have a quorum, we'll. We'll seek a motion and hopefully move your bill on. Thank you so much. Mr. Carrillo. Okay, we have Assembly Bill 503 whenever you're ready, sir.
- Juan Carrillo
Legislator
Thank you, Mr. Chair. Thank you for allowing me to present Assembly Bill 503. And before I begin, I would like to respectfully accept the committee's amendments and thank the chair and consultant for all their hard work on this bill. AB 503 seeks to develop additional opportunities to register individuals as organ and tissue donors with the goal of increasing registration rates to save more lives.
- Juan Carrillo
Legislator
Committee amendments specify that additional questions asking applicants if they would like to enroll will be limited to the online application known as a single, streamlined application. Committee amendments also specify that the questions be optional and not a required part of the application. Currently, more than 104,000 individuals across the country are waiting for life saving organ or tissue transplants. Nearly a fifth of these individuals are in California. All of these people in need of transplant nationwide, 17 of them die each day without one.
- Juan Carrillo
Legislator
Because of this, organ and tissue donation is a vital process for improving and even saving the lives of Californians. Donate Life California is responsible for managing the state's organ, eye, and tissue donor registry, and prior to 2004, no registry had existed for those who wish to give consent to be an organ and or a tissue donor. Many of you probably recall being asked if you wanted to become an organ donor at the DMV.
- Juan Carrillo
Legislator
This has been made possible through Donate Life California's partnership with the Department of Motor Vehicles, which began in 2006. To date, over 18.5 million individuals have expressed their intent to donate with registry, with over 98% of those coming through the donors of the DMV. Still, we need to do better. Roughly 90% support organ donation, but only 60% are actually signed up as donors. Since 2006, more than 600,000 lives have been saved or healed through organ and tissue donation because of the registry. This bill serves as the natural next step toward that goal. Joining me to testify in support and answer questions is Mr. Jim Martin, CEO of Donate Life California, and Lacey Felder, an organ recipient.
- Jim Wood
Person
Push the button there, please.
- Jim Martin
Person
Good afternoon Chair and committee members. Jim Martin, Donate Life California CEO. Thanks for the opportunity to testify on AB 503. As Assemblymember Carrillo stated, we're the nonprofit, state-authorized, organized tissue registry for the State of California and we were established in 2006 in partnership with the California DMV to register as many donors as we possibly could. In the 17 years since inception, we've had a great relationship with the DMV, resulting in the 18.6 million registered Californians.
- Jim Martin
Person
There are 20,000 Californians that are currently on the national waiting list. Of those, 46% are from the Hispanic Latino community, 21% are from the white non-Hispanic community, 20% are from the Asian community and 10% are from the black non-Hispanic community. One person's donation gifts can save up to eight lives and improve the lives of over 75 others. While our partnership with the DMV has been amazing, we feel it's imperative really to shift the conversation into the public healthcare domain similar to any other end-of-life decision and or advanced directive.
- Jim Martin
Person
The increased frequency and repetition of the organ donation registration question on the healthcare registration forms is a huge first step in reframing organ donation and transplant as a public health issue, and we believe 503 is the mechanism to make this important and substantive change. AP 503 provides a critical opportunity to increase the number of registered donors in California and the bill requires the application for insurance affordability programs to include a checkbox.
- Jim Martin
Person
All individuals can therefore give their consent to enroll in the donate life organ and tissue donor registry. We believe this bill will significantly impact the number of those registered in California. And we appreciate the efforts of Assemblymember Carrillo in introducing this important legislation. Urge your support. Thank you.
- Jim Wood
Person
Thank you. Please go ahead.
- Lacey Felder
Person
Good afternoon, Mr. Chair and members. My name is Lacey Felder, and I am honored to say that I am the program manager at Donate Life California. When I was 10 months old, my parents were told that I was in heart failure. I had caught a virus that attacked my heart, and a heart transplant was the only option for me to live. I'm humbled and proud to be able to stand before you today because a family said yes to organ donation. My donor's name was James.
- Lacey Felder
Person
He was 22 months old, and he was in a tragic accident right here in Sacramento. Last October. I celebrated 32 years with baby James's heart, and I live each and every day for James and his family. The most challenging aspect of advocating for organ donation as a recipient is the fact that we look like normal people. You can't see the hundreds of inches of scars or the straight gratitude that we feel for simply living.
- Lacey Felder
Person
My journey hasn't been an easy one and became even harder when I was diagnosed with kidney failure in high school. I'm so lucky that my brother Tyson, my hero, stepped up and donated his kidney to me in 2006. Because of Tyson and baby James, I have been the first person in my family to graduate college. And most recently, I got to marry the love of my life. And we are now on the journey of starting a family through surrogacy.
- Lacey Felder
Person
Organ donation doesn't just save lives, it transforms them. It creates memories, experiences, and milestones that we never even knew were possible. I'm going to be honest. When writing this testimony, I really struggled in finding the words to capture what this moment means to me. Walking past the Capitol fills my heart with pain and gratitude.
- Lacey Felder
Person
Not just because baby James passed away right near here, but because the last time I was here testifying, I was eight years old, sharing the incredible impact we could have if we started the Donate Life California donor registry. We now have over 18.6 million Californians registered, but unfortunately, that's only about half of our population in the State of California.
- Lacey Felder
Person
I've made it my life's mission to honor baby James every single day and help give the 20,000 people waiting for an organ in California the same chance as me. By supporting AB 503. I know the lives saved will be worth it, and it will give even more Californians the opportunity to say yes to transforming lives like mine. Thank you so much for this opportunity to share my story and remember live life to the fullest. We don't all get a second chance at it. Thank you.
- Jim Wood
Person
Thank you. Others in support, please.
- Kristian Foy
Person
Hi, Kristy Foy, on behalf of the California Dialysis Council, in strong support.
- Sandra Poole
Person
Good afternoon. Sandra Poole with Western Center on Law and Poverty, in support.
- Jim Wood
Person
Thank you.
- Kelli Boehm
Person
Kelli Boehm for Health Net of California, in support.
- Jim Wood
Person
Thank you. Anyone else? No one. Is there any opposition to the bill? Seeing no one, we'll bring it back to the committee for questions or comments. Any questions or comments? I'd just like to say thank you, Mr. Carrillo, for bringing this bill forward. It does enjoy a do pass recommendation. I want to thank your witnesses. Lacey, thank you so much for sharing your story with us today. When we do get a quorum, we'll ask for a motion. Mr. Carrillo, would you like to close?
- Juan Carrillo
Legislator
I really was not prepared for that testament. I really got to. Well, the visibility is a common sense measure that would help save more lives through organ and tissue donation by expanding opportunities to sign up with that, I respectfully urge, I vote. And I thank you.
- Jim Wood
Person
Thank you. Assemblymember Calderon.
- Jim Wood
Person
Whenever you're ready.
- Lisa Calderon
Legislator
Good afternoon, Chair and members. Assembly Bill 586 would add climate change or environmental remediation devices to the list of community supports under the CalAIM initiative. CalAIM currently lists 14 community supports that provide nonclinical interventions, target the social determinants of health, and reduce health disparities. CalAIM currently lacks community support services that directly address climate change and environmental health impacts. Extreme heat and poor air quality are linked to negative health outcomes, especially among vulnerable populations who bear the disproportionate burden of climate change impacts.
- Lisa Calderon
Legislator
These are the same populations who are likely enrolled in Medi-Cal and who would benefit from CalAIM community supports. AB 586 addresses these gaps by covering devices such as air conditioners, electric heat pumps, and backup power sources to mitigate the impacts of extreme weather conditions caused by climate change. AB 586 also promotes environmental justice by protecting the health of marginalized communities in our state and reducing strains on our healthcare system. With me in support of AB 586 is Amir Rashid with the County Behavioral Health Directors Association and Dennis Cuevas-Romero with California Health Advocates.
- Amer Rashid
Person
Good afternoon Chair and members, and thank you for your time today. My name is Amer Rashid and I'm here on behalf of the County Behavioral Health Directors Association of California. CBHDA is comprised of the leaders of the public health, excuse me, public behavioral health agencies that serve the mental health and substance use disorder needs of uninsured and underinsured Californians.
- Amer Rashid
Person
And it is because of that work and the populations that we serve that we strongly support AB 586 community support are services through CalAIM that are designed to address the social drivers of health going well beyond services offered in traditional medical settings. These services aim to recognize complex and unmet whole-person needs which impact physical health.
- Amer Rashid
Person
AB 586 will add climate change remediation to the list of community supports covered through CalAIM, and this expansion of community supports is becoming more imperative as already vulnerable populations of Californians are impacted by increasing heatwaves, air pollution, and other extreme weather events, which have been happening at a growing frequency across the state. In the past decade, California has experienced more frequent and intense heat events, wildfires, droughts, reduced air quality, and atmospheric storms, which have all outpaced historical records.
- Amer Rashid
Person
The Center for Disease Control and Prevention has noted that these extreme weather events impact some of California's most vulnerable populations, such as children, pregnant people, older adults, persons with disabilities, and communities of color. These impacts can look like temperature related death and illness, air quality health impact, vectorborne disease and waterrelated illnesses, and a number of mental health impacts.
- Amer Rashid
Person
With the passage of AB 586, we can adequately recognize and address the health implications of climate change to best support the health and well being of Californians, which ultimately is the intent and goal of CalAIM community support services. By passing AB 586 and ensuring climate change and environmental remediation devices are included in CalAIM community support services, we not only make CalAIM even more efficacious but by extension, also make Californians healthier. It is for these reasons, we respectfully request your ivo and thank you for your time today.
- Jim Wood
Person
Thank you. Please.
- Dennis Cuevas-Romero
Person
Good afternoon, Mr. Chair Members. Dennis Cuevas-Romero with the California Health Plus Advocates, advocacy affiliate of the California Primary Care Association. We represent 1300 health centers up and down the state here to support AB 586. We provide care to 7.7 million patients in the State of California. And as the speaker previously mentioned, climate change is a big driver of health issues, particularly with wildfires in the rural north.
- Dennis Cuevas-Romero
Person
As recently as last year, some of the patients at our health centers were struggling with the lack of air filtration in their homes, and it's really driving the chronic care conditions in our health centers. So for those reasons, California Health Plus Advocates are in strong support of the bill.
- Jim Wood
Person
Thank you very much. Others in support.
- Sandra Poole
Person
Sandra Poole, Western Center on Law and Poverty, in support.
- Jim Wood
Person
Thank you.
- Molly Robson
Person
Molly Robson and with Planned Parenthood Affiliates of California, we're in support.
- Jim Wood
Person
Great. Thank you. Anyone else seeing? No one. Is there opposition to the bill? See no one, we'll bring back to the committee for questions or comments. Any questions or comments from the committee? Seeing none, the bill does enjoy a do pass recommendation. We're one shy of a quorum. We're getting closer. Would you like to close, Ms. Calderon?
- Lisa Calderon
Legislator
Thank you, Mr. Chair. I respectfully ask for an aye vote at the appropriate time.
- Jim Wood
Person
Perfect. Thank you. Thank you. We'll do that. You have another bill?
- Jim Wood
Person
Item number 17, AB 904.
- Lisa Calderon
Legislator
Yes, sir.
- Lisa Calderon
Legislator
Yes, I have one witness.
- Jim Wood
Person
Perfect.
- Lisa Calderon
Legislator
Assembly Bill 904 requires private healthcare plans to develop a maternal and infant health equity program by January 1, 2025. This program aims to reduce racial inequities and birthing outcomes through the use of doulas. The bill also requires private health plans to convene a doula stakeholder group to examine the implementation of these programs. California faces stark racial disparities in birthing outcomes. Black, indigenous, and people of color are more likely to die of pregnancy or birth-related complications.
- Lisa Calderon
Legislator
Research shows that doula services can prevent negative birthing outcomes like preterm births and cesarean sections by providing support throughout pregnancy and childbirth. The medical program started covering doula benefits on January 12023. However, they are not yet covered by private health plans. Some commercial health plans, like Blue Shield of California and Healthnet, have sponsored doula pilot programs throughout the state with participants reporting positive health outcomes. AB 904 would make California one of the first states to expand access to doula services for people insured through private health plans. With me in support of AB 904 is Kairis Chiaji on behalf of Birthing Project USA.
- Kairis Chaiji
Person
Good afternoon, Chair Wood and members. As a veteran community and professional doula who has spent the last two and a half decades providing family advocacy and peer support, as well as direct support and education during pregnancy, labor, birth, and 12 months postpartum, I am excited for a future with less infant and maternal loss, more trauma prevention, and deconstructing distrust of maternity care and birth settings in our state.
- Kairis Chaiji
Person
Combating disparities in birth outcomes by acting as a bridge between community and health care is ancient wisdom, and integrating this wisdom into the healthcare system as standardized care empowers, protects, and saves the lives of birthing people. Birthing Project USA was founded in Sacramento 35 years ago. Currently, the Center for Community Health and Well-Being is the home of Her Health First. Through that, I've had the privilege of training community doulas for over 20 years.
- Kairis Chaiji
Person
Using a SisterFriends social support model, Birthing Project USA has supported and guided thousands of pregnant people through the landmines of our current maternal health crisis and has touched the lives of over 13,000 babies. I personally have attended 56 births and assisted over 77 families in the last two years, which has resulted in significantly reduced hospital stays during the pandemic lessened fear, stress and anxiety associated with childbirth.
- Kairis Chaiji
Person
Identifying and addressing potential problems early and connecting families to resources that address their needs outside of a dual scope of work. In the past year, 96% of my 28 births were full term, 100% born at healthy weights, a reflection of social support's ability to reduce preterm delivery. While these wins highlight the joys of birth work, there are times when birth work can be challenging.
- Kairis Chaiji
Person
A couple I worked with lost their first baby in utero and had to deliver their full term daughter two days after she passed away. Coaching grieving parents through a silent labor, building a support team that felt and functioned like family, holding space for faith and medicine to coexist goes beyond prescriptions and copays.
- Kairis Chaiji
Person
The training, the experience, and the skill that it takes to connect a grieving family to perinatal loss resources while continuing to hold and build hope for their future children puts the heart of doulas on full display. That kind of care doesn't end with shift changes. Now that doula services are covered by Medi-Cal, AB 904 will enable birth workers to continue nurturing parents who use private health plans through childbirth in ways that preserve and promote bodily autonomy, birthing equity, justice, and joy. This bill will also help lay the foundation for private health plans to integrate doulas into their coverage services. And it is for this reason that I respectfully request your aye vote. Thank you.
- Jim Wood
Person
Thank you. Thank you very much. Others in support.
- Sandra Poole
Person
Sandra Poole, Western Center on Law and Poverty, in support.
- Jim Wood
Person
Thank you.
- Molly Robson
Person
Molly Robeson, Planned Parenthood Affiliates of California, in support.
- Jim Wood
Person
Thank you.
- Erin Evans-Fudem
Person
Erin Evans, on behalf of the California Nurse Midwives Association and NARAL Pro Choice California, in support.
- Jim Wood
Person
Thank you.
- Onyemma Obiekea
Person
Onyemma Obiekea with Black Women for Wellness Action project, in support. Thank you.
- Jim Wood
Person
Thank you. Is there opposition to the bill? Seeing no one. We'll bring back to the committee. Questions or comments from the committee? Dr. Weber.
- Akilah Weber
Legislator
Thank you, Assemblymember, for bringing this bill forward. A couple of questions. So this bill establishes a working group, correct?
- Lisa Calderon
Legislator
Yes.
- Akilah Weber
Legislator
Okay. One of the things that I would recommend is to consider, because when you're talking about a lot of the inequities, and I see the requirement that for the working group, 80% be practicing doulas and at least 75% be doulas that provide services to Medi-Cal enrollees, you may also want to think about talking about the background or the ethnic background or the cultural backgrounds of the people who will be on this working group to make sure that whatever recommendations that come forward are actually inclusive of everyone that would be utilizing doula services.
- Akilah Weber
Legislator
So, just something I thought about and the other thing I just looked at, and I'll be bringing this up with another bill, is postpartum. Postpartum does not mean one year following the end of a pregnancy. You can talk about the perinatal period, which does include pregnancy, and then delivery, and then one year after. But when we talk about postpartum, it's generally six weeks after delivery. Some people may kind of sparse it out into different definitions. The most it would go up is eight months.
- Akilah Weber
Legislator
But generally we say postpartum is six weeks. So, like, you go for your postpartum check, that's generally about six weeks after you deliver. And I just want to make sure that we are making those terms clear and accurate and they align with what we talk about in the medical field. And it's not just your bill. There's another bill later on, and I just happen to see that. So you might want to kind of look at that, and either use the perinatal period or one year post-pregnancy. But postpartum is not generally a year after you deliver. Thank you.
- Lisa Calderon
Legislator
Thank you, Assemblywoman. I really appreciate that. And we will work on that. They're good suggestions. Thank you.
- Jim Wood
Person
Thank you. Any other questions or comments? The bill does enjoy a do pass recommendation. When we get a quorum, there'll be a motion, I suspect. Would you like to close?
- Lisa Calderon
Legislator
Thank you, Mr. Chair. Yes, I respectfully ask for an aye vote at the appropriate time.
- Jim Wood
Person
Great. Thank you. Thanks very much. Ms. Schiavo.
- Pilar Schiavo
Legislator
Good afternoon. Thank you, Mr. Chair and Members. I wanted to first just say thank you to the staff for their feedback, and we'll be taking the recommendations and want to thank you for the opportunity to present on AB 608, which is truly a health equity bill designed to support Medi-Cal families that too often fall through the cracks on our health care system by extending perinatal services from 60 days to the full year of birth.
- Pilar Schiavo
Legislator
This provides nurturing, supportive, and culturally-competent postpartum care to new moms, parents, and babies when they need it most in that first year of life and parenthood. As a mom myself, I know that the first year after pregnancy is challenging for moms and babies.
- Pilar Schiavo
Legislator
For me, when my daughter got to be a year old, I felt like we needed a whole extra celebration just for keeping her alive that first year because they scare you so much about what can happen to your baby in the first year, and it can be really overwhelming for parents, and so having support is critical. The first year can be difficult to maintain mental or physical health for some families, and many on Medi-Cal also experience food or housing insecurity.
- Pilar Schiavo
Legislator
AB 608 extends the ability of comprehensive perinatal health workers to help address these critical needs through a comprehensive approach to care that supports families in their homes and in their communities. Perinatal health workers screen for behavioral, mental, and physical health issues, connect patients with social services, promote preventative care, and foster stronger parent-child bonds. Unfortunately, assessments and visits from perinatal health workers are currently only covered for 60 days postpartum for Medi-Cal enrollees.
- Pilar Schiavo
Legislator
Today, only one in four Medi-Cal children receive child well visits in the first 15 months. And what's incredibly heartbreaking is that research shows that death by suicide is more likely to occur in late term postpartum period of time for moms and parents.
- Pilar Schiavo
Legislator
AB 608 would expand coverage for visits of perinatal workers for the full year of postpartum and allows workers to meet patients where they're at, in their communities and in their homes. By extending these culturally-competent perinatal services outside of the hospital, California can better support parents and children, recognizing the hurdles of low-income families that they're seeking when they're seeking out care. Every child deserves a healthy start in life, and AB 608 ensures they get just that.
- Pilar Schiavo
Legislator
And finally, I want to introduce our sponsor, Lucy Quacinella, who is a consultant for Maternal and Child Health Access, and also Shannon Shaw-Pace, who's Executive Director of Her Health First, who are here to share testimony about--in support of AB 608 as well. Thank you.
- Lucy Quacinella
Person
Thank you. Lucy Quacinella. Lucy Quacinella, on behalf of Maternal and Child Health Access, cosponsor of this measure, along with the March of Dimes and the Children's Partnership. MCHA's home visitors who meet with low-income families in Los Angeles counties who have newborns or infants and MCHA's health navigators assist over a thousand individuals a month. We also collaborate extensively throughout the state with similar programs in the Central Valley.
- Lucy Quacinella
Person
Right now we're doing a lot of work in remote rural areas in the north, including in Sonoma and Napa counties. We find a great unmet need after a birth, a stillbirth, or a miscarriage for health education, which CPSP provides for assistance with breastfeeding support, which providers indicate is best provided through the CPSP benefit. It's the easiest way to get reimbursement for that kind of support, and with newborn care, as the Assembly Member mentioned.
- Lucy Quacinella
Person
We also find an incredibly great need for assistance with social needs, things like food insecurity, housing insecurity, not having a regular place to sleep, being homeless, having to move, losing a job, or not having practical or emotional support. These factors, including the last one, not having practical or emotional support, are documented factors in negative health impacts in the perinatal period. The California Department of Public Health has data supporting what we see in the field.
- Lucy Quacinella
Person
Medi-Cal consumers bear a disproportionate burden of these kinds of impacts in the perinatal period, and the Covid Pandemic has only made these kinds of harms even worse. In our experience, the need for services doesn't appear at the end of the 60-day perinatal period. It extends throughout that year, and it impacts not just individuals who have a live birth, but also those who miscarry or have a stillbirth.
- Lucy Quacinella
Person
So we believe very strongly that it's time to align Medi-Cal CPSP's benefit with the new 12-month post pregnancy eligibility period. As the Assembly Member mentioned, mental health is a major issue in our state, unfortunately, and the CDPH data indicate that of maternal suicides in California, 85 percent had one or more psychosocial stressors documented near the time of birth. These are the kinds of stressors that CPSP is designed to identify early. My colleague Shannon Shaw-Pace here will explain how her program works with these protocols to improve maternal and child health. Thank you.
- Shannon Shaw-Pace
Person
Good afternoon. My name is Shannon Shaw-Pace. I'm a maternal health consultant currently working with federally-qualified health centers throughout Merced, Modesto, and the larger Central Valley to support the expansion of their CPSP services. And here in Sacramento, I'm the Executive Director of Her Health First, a local-based agency committed to decreasing the disproportionate African American maternal and infant mortality rates.
- Shannon Shaw-Pace
Person
Our pillar program, Black Mothers United, funded by First 5 Sacramento for over nine years, is modeled on CPSP and the lived experiences of Black birthing people in our county. Led by key staff Kenya Fagbemi and Leona Spivey, who are seasoned doulas and comprehensive perinatal health workers with a combined 45 plus years of experience, our team of pregnancy coaches provide comprehensive perinatal education and social supports throughout their pregnancies and postpartum periods.
- Shannon Shaw-Pace
Person
Our ability to meet clients where they are at outside of the clinic allows our team to build relationships based on trust, centering the unique needs of the pregnant client every step of the way. Leveraging CPSP tools like the initial assessment, steps to take, and the individualized care plan, we have developed a robust database, and through independent evaluation, we have seen the following statistically significant outcomes. Reported nutritional deficiencies decreased from 20 percent at program intake to six percent at follow up.
- Shannon Shaw-Pace
Person
Maternal anxiety and depression as indicated by the PHQ-9 assessment was rated moderate or high in 30 percent of our clients prior to entering our program and decreased to 11 percent after program completion. Higher dosage of service was statistically shown to predict healthy birth weights and babies born at full term and most worthy of celebration, our program has had zero infant deaths for the past three consecutive years.
- Shannon Shaw-Pace
Person
As you consider AB 608, it is key to note that the early, low interventions that BMU-- Black Mothers United provides based on the CPSP model are key preventions for higher levels of care. Our Black Mothers United pregnancy coaches--again, leveraging the CPSP model--do coordinate with our clients' OB care team despite not being directly under the supervision of licensed medical providers.
- Shannon Shaw-Pace
Person
AB 608 would not only allow reimbursements for CPHW services--I'm sorry; for CPSP services provided away from a medical site, but also allow CBOs such as our program not to have to be under supervision of a licensed provider.
- Shannon Shaw-Pace
Person
And please note that this more flexible approach has already been adopted by the state for community health workers, and Black Mothers United do make referrals to behavioral health services and providers when the trimester and postpartum assessments indicate that level of care is needed. And in fact, we find that our clients feel more comfortable having their pregnancy coaches providing a warm handoff to behavioral health services. It's been incredible to see the strides that we continue to make with the expansions of so many new Medi-Cal benefits.
- Shannon Shaw-Pace
Person
However, the important services should be seen as enhancements to an existing program that has been shown to have a profound impact on maternal and infant health outcomes. And when considering ways to address the harrowing maternal and infant death crisis, perhaps a key part of that solution is right here in front of us: CPSP. Thank you.
- Jim Wood
Person
Thank you very much. Others in support?
- James Lindburg
Person
Jim Lindburg, Friends Committee on Legislation of California, in support.
- Jim Wood
Person
Thank you.
- Sandra Poole
Person
Sandra Poole, Western Center on Law and Poverty, in support.
- Jim Wood
Person
Thank you.
- Nicole Wordelman
Person
Nicole Wordelman, on behalf of the Children's Partnership, proud cosponsor in support.
- Jim Wood
Person
Thank you.
- Annette Aguilar
Person
Annette Aguilar with Health Access California, in support.
- Jim Wood
Person
Thank you.
- Taylor Jackson
Person
Taylor Jackson with California Health Plus Advocates, in strong support.
- Jim Wood
Person
Thank you.
- Molly Sheahan
Person
Molly Sheahan with the California Catholic Conference, in support. Thanks.
- Jim Wood
Person
Thank you.
- Johan Cardenas
Person
Johan Cardenas with California Pan-Ethnic Health Network, in support.
- Jim Wood
Person
Thank you.
- Molly Robson
Person
Molly Robson with Planned Parenthood Affiliates of California, in support.
- Jim Wood
Person
Thank you.
- Erin Evans-Fudem
Person
Erin Evans, on behalf of the California Nurse Midwives Association and NARAL Pro-Choice California, both in support. Thank you.
- Jim Wood
Person
Thank you.
- Onyemma Obiekea
Person
Onyemma Obieka with Black Women for Wellness Action Project, in support. Thank you.
- Jim Wood
Person
Thank you.
- Ryan Spencer
Person
Ryan Spencer on behalf of the American College of OB/GYNs, District Nine, in support.
- Jim Wood
Person
Thank you.
- Beth Malinowski
Person
Beth Malinowski with SEIU California, in support.
- Jim Wood
Person
Thank you.
- Kathleen Mossburg
Person
Kathy Mossburg with First 5 Association of California, in support.
- Jim Wood
Person
Thank you.
- Bryce Docherty
Person
Sorry about that. Bryce Docherty with the California Academy of Family Physicians in support. Thank you.
- Jim Wood
Person
Great. Thank you. Anyone else? Seeing no one. Is there opposition to the bill? Any opposition? Seeing no one. We'll bring it back to the committee. Questions or comments from the committee? Seeing none. The bill does enjoy a do pass recommend.
- Jim Wood
Person
We don't have a quorum yet 3 hours into the hearing, but people are busy.
- Pilar Schiavo
Legislator
Someday.
- Jim Wood
Person
Someday. Someday. Hopefully today.
- Pilar Schiavo
Legislator
Goals.
- Jim Wood
Person
Hopefully today. At this point, would you like to close?
- Pilar Schiavo
Legislator
Yeah. I just want to say thank you. Also thank you to Dr. Arambula, who I know has moved this issue forward in the past and just think it's a really important health equity issue and also to really bring alignment to the expansion of perinatal services that medical recipients are due right now.
- Pilar Schiavo
Legislator
So thank you. Respectfully, hope there is an aye vote, when you do have a quorum.
- Jim Wood
Person
Very well. Thanks so much.
- Pilar Schiavo
Legislator
Thank you.
- Jim Wood
Person
Ms. Wick. I'm sorry. Oh, hang on. We have a quorum, but it's up to you whether you stick around or not. But wow, we got more than a quorum now. Man. We're psyched.
- Pilar Schiavo
Legislator
Coming in. Saving the day, ma'am.
- Jim Wood
Person
Secretary, please call the role.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
We have a quorum. Happy to entertain a motion. We have a motion. I did not hear the second motion by Dr. Arambula. I did not hear the second. Okay. Second by Ms. Aguiar-Curry. Motion is do pass as amended to appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
Your bill has nine votes. It's out. We'll leave the roll open for others to add on. Thank you, Ms. Wicks. Only took 3 hours to get there, but you know progress. Almost 3 hours. Ms. Wicks, you have AB 583?
- Unidentified Speaker
Person
I do.
- Jim Wood
Person
Right.
- Buffy Wicks
Legislator
Thank you, Mr. Chair. Members and Committee staff. California's overall maternal mortality rate has declined by 65% since 2006. However, mortality and morbidity for black and indigenous pregnant people and babies remained 40% higher than for their white counterparts.
- Buffy Wicks
Legislator
AB 583 establishes the Birthing justice for California Families Pilot project to expand access to Dula care and address adverse maternal and infant health outcomes. By expanding Dula care to birthing people who experience disproportionately high negative birth outcomes.
- Buffy Wicks
Legislator
Through their provisions of culturally congruent and client centered care, as well as advocacy, doulas can help reduce the impacts of racism and racial bias on birthing people of color.
- Buffy Wicks
Legislator
We have a large support coalition, including Planned Parenthood, community health executives and Association of California Health Care districts. I respectfully ask for your aye vote, and with me here to testify in support is Onyemma O., policy Director for Black Women for Wellness Action Project, and Nakia Woods, a doula and birth worker.
- Buffy Wicks
Legislator
Thank you.
- Nakia Woods
Person
Okay, good afternoon, Chair Wood and members. My name is Nakia Woods. I'm a student, midwife, full spectrum birth worker and a member of the Roots of Labor Birth Collective.
- Nakia Woods
Person
I'm here today in support of Assembly Bill 583, which would establish the Birthing Justice for California Families Pilot Project to expand access to dual care for people in California.
- Nakia Woods
Person
I'm a reproductive justice advocate, birth worker and sex educator who is committed to the betterment of birthing people, young folks and other marginalized communities.
- Nakia Woods
Person
Throughout the past decade, I have become well acquainted with reproductive justice, emphasizing strategies necessary to chip away at the barriers to adequate reproductive and sexual health care. As a birth worker, my first priority is ensuring that those I serve have birthing experiences that are not only safe but aligned with their birth visions.
- Nakia Woods
Person
The clients that I work with feel confident that I will provide quality care and arm them with the tools necessary to advocate for themselves in a medical setting.
- Nakia Woods
Person
I aim to disrupt the traditional hierarchies inherent to eurocentric medical practices and meet my clients where they are as an equal partner. As a black person who supports BIPOC clients, I understand the complex histories, traumas and rightful distrust of medical professionals.
- Nakia Woods
Person
As a birth worker, I'm able to coach my clients with humility and speak in ways that are accessible and non condescending. I listen to their specific cultural needs and understand that I cannot assume others life experiences.
- Nakia Woods
Person
Many doulas, like myself, use community based care models to shift the birthing outcomes for BIPOC birthing folks. Many of the people I serve do not qualify for medical but also cannot afford doula care. I would like to share a quick story about Cynthia. Names changed a client I supported pro bono that gave birth at 34 weeks due to preeclampsia.
- Nakia Woods
Person
Cynthia labored for 12 hours and was constantly talked down to. Even though her baby was in an optimal birthing position and her vitals were under control, she was rushed to make decisions to speed up her birth.
- Nakia Woods
Person
The method suggested, would provide further complications to Cynthia, such as increased risk of postpartum hemorrhage, by a team that was supposed to help her bring her new baby into the world.
- Nakia Woods
Person
She was told that she was going to have a c-section and be forced to labor in ways that she did not feel were safe. Together, we advocated and fought her care team until she was able to birth a healthy baby vaginally. This is the power of doula care and adequate support.
- Nakia Woods
Person
Through AB 583, doula care will be made available to people like Cynthia who can't afford doula care and are not eligible for medical.
- Nakia Woods
Person
I am proud to be here in support of AB 583 and respectfully urge your support on this bill today. Thank you.
- Buffy Wicks
Legislator
Thank you. Please.
- Anya Mobilekian
Person
Good afternoon and thank you, Mr. Chair and Committee Members. My name is Anya Mobilekian. I'm the policy Director with Black Women for Wellness and Black Women for Wellness Action project.
- Anya Mobilekian
Person
We are reproductive justice community based organization committed to improving the overall health status and well being of black women and girls.
- Anya Mobilekian
Person
We have offices in Los Angeles and Stockton, and I'm here to express our strong support for AB 583, the Birthing Justice for California Families Pilot Program Project.
- Anya Mobilekian
Person
Before I begin, I'd like to note that today does mark the first day of Black Maternal Health Week, which is held annually on April 11 through 17th.
- Anya Mobilekian
Person
It's a week long campaign founded and led by Black Mamas Matter Alliance. and the week is intentionally held during National Minority Health Month and begins on April 11 annually to join dozens of global organizations in making this day as an international day for maternal health and rights, an opportunity to advocate for the elimination of maternal mortality globally.
- Anya Mobilekian
Person
So this bill would build upon our state's efforts to improve birth outcomes for all Californians and advance birth equity by expanding access to doula care.
- Anya Mobilekian
Person
We've heard about the commendable strides to improve maternal and infant health outcomes in California. Yet and still we know that deep inequities exist for black women and birthing people. These are persistent. In California, black women are four to six times more likely to die from pregnancy related causes than our counterparts.
- Anya Mobilekian
Person
Even after controlling for the generally mitigating factors of education and socioeconomic status, black women and birthing people remain at higher risk for maternal mortality and morbidity. Mounting research points to racism and implicit bias.
- Anya Mobilekian
Person
In addition to other social determinants of health, as factors that contribute to these inequities, doula care has been established as an important tool and resource to improving birth outcomes, combating interpersonal and systemic racism and offering culturally congruent care, yet it remains a particularly underused resource.
- Anya Mobilekian
Person
Women of color folks with the highest risk of poor birth outcomes are most likely to report wanting but not having access to doula services.
- Anya Mobilekian
Person
This is in large part due to the cost in California, where the economic status of black women is such that we make $0.63 for every $1 that a white man makes out of pocket. Cost for doula care that can amount to $2,000 places this essential service out of reach for the majority of us.
- Anya Mobilekian
Person
A group that's often overlooked are incarcerated birthing people. Almost three quarters of incarcerated women are between 18 and 44, the age range when most birthing people become pregnant and bear children.
- Anya Mobilekian
Person
So it is likely that a number of people capable of giving birth will enter prison or jail while pregnant or during the postpartum period. With higher risk of adverse birth outcomes and other coexisting conditions that can lead to complications in pregnancy as compared to nonincarcerated women.
- Anya Mobilekian
Person
Incarcerated women and birthing people stand to benefit tremendously from doula care. Thanks to AB 732, incarcerated people can now have a doula or a support person, but there's no funding available to support this.
- Anya Mobilekian
Person
AB 583 will advance equity by ensuring that more birthing people, particularly those in the gap, who do not qualify for Medical but cost remains a barrier, have access to a critical component of the perinatal care necessary to enjoy a safer birthing experience.
- Anya Mobilekian
Person
It seeks to remove the cost barrier of care while ensuring that invaluable care that duals provide is recognized and compensated in a sustainable and equitable manner. It also encourages the development of a pipeline of doulas capable of offering culturally congruent care.
- Anya Mobilekian
Person
Everyone is deserving of dignity and the supports necessary to ensure a safe, healthy and joyous birthing experience. This bill recognizes that and presents an opportunity to realize this vision.
- Anya Mobilekian
Person
As proud co-sponsors of AB 583, I invite you to contribute to the realization of the vision for joyous, equitable birth outcomes for all women and birthing people by casting a yes vote for this bill. Thank you.
- Jim Wood
Person
Thank you. Thank you very much. We have a motion by Dr. Arambula, a second by Ms. Boerner Horvath. Others in support, please.
- Ollie Robeson
Person
Hi, I'm Ollie Robeson, Planned Parenthood affiliates California. We're a co-sponsor and strong support. Thank you.
- Jim Wood
Person
Thank you.
- Priscilla Quiroz
Person
Priscilla Kudos. On behalf of the California Faculty Association in support.
- Jim Wood
Person
Thank you.
- Erin Evans-Fudem
Person
Erin Evans. On behalf of the California Nurse Midwives Association and Naral Pro Choice California in support. Thank you.
- Jim Wood
Person
Thank you.
- Sarah Bridge
Person
Thank you. Chair and members. Sarah Bridge. On behalf of the Association of California Healthcare Districts in support.
- Jim Wood
Person
Thank you.
- Taylor Jackson
Person
Taylor Jackson with California Health plus advocates representing California's community health centers, in support.
- Jim Wood
Person
Thank you.
- Veronica Villalobos
Person
Veronica Villalobos-Cruz, on behalf of the California Latinas for reproductive justice and support.
- Jim Wood
Person
Thank you.
- Betsy Armstrong
Person
Betsy Armstrong with the County Health Executives Association, representing California's local health departments, in strong support.
- Jim Wood
Person
Thank you. Is there any opposition to the bill? Seeing no one. We'll bring it back to the committee. Before we do, have you accepted our amendments?
- Jim Wood
Person
Thank you. Thank you very much. Any questions? Dr. Weber.
- Akilah Weber
Legislator
Yes.
- Akilah Weber
Legislator
Thank you so much for this much needed bill. You and I have discussed this already, but I just wanted to highlight it again. The definition of postpartum versus perinatal, because we have been in communication with your office and what they sent us.
- Akilah Weber
Legislator
The health and safety code, Article three, community based perinatal system. Section C does not mention postpartum. It does mention perinatal care, which is the care received from the time of conception through the first year after birth.
- Akilah Weber
Legislator
So, in this particular bill, with your definition of postpartum extending out for a year, it does redefine what postpartum actually is. So I just recommend that we kind of look at that and maybe consider that.
- Buffy Wicks
Legislator
Yeah, I'm sorry. Not attempting to redefine anything, but we can work through the language with you and your office and the committee as well, and the Chair, to make sure that we're consistent with what the, I think, current definitions are.
- Jim Wood
Person
My understanding is that under Medical, the postpartum period is a one-year period. So it may not align with clinical guidelines, but according to the medical program, that is the way it is defined.
- Akilah Weber
Legislator
Well, I'm going based off of what was sent by Assemblymember Wick's staff, which I think she got from committee staff. And there is no definition of postpartum. It specifically states perinatal.
- Jim Wood
Person
Well, I'm reading item 1E. Postpartum means the one year period following the end of pregnancy. So, I'm not sure this is in.
- Akilah Weber
Legislator
Our health and safety code, Article three. So it's in statute.
- Buffy Wicks
Legislator
Yeah, I think we can. We'll make sure this is squared away. The point is well taken. And I think we can make sure the definition is cleaned up for the next.
- Jim Wood
Person
Yeah.
- Buffy Wicks
Legislator
Okay. Yeah, but I'm definitely not trying to redefine anything. I think whatever the kind of current standard is, we'll make sure it aligns with your interpretation, as well.
- Akilah Weber
Legislator
Okay, well, I wouldn't say my interpretation or medical interpretation and what we have in current.
- Buffy Wicks
Legislator
Yes. Yeah. I want to be consistent with current statute. Exactly. Yes.
- Akilah Weber
Legislator
Thanks.
- Jim Wood
Person
So do we.
- Buffy Wicks
Legislator
Yes.
- Jim Wood
Person
Okay. All right. Other questions or comments? Anything? Okay. Seeing none. Bill does enjoy a do pass recommendation. I believe there was a motion by Dr. Arambula, second by Ms. Berner Horvath. Motion is do pass, as amended to appropriations. Would you like to close?
- Buffy Wicks
Legislator
Respectfully ask for an aye vote.
- Jim Wood
Person
Thank you, Madam Secretary, please call the roll. Motion is do pass, as amended to appropriations.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
So your bill has seven votes. It's on call.
- Buffy Wicks
Legislator
Great. Thank you.
- Jim Wood
Person
Thank you very much. Let's see. Mr. Connolly. Okay. Mr. Connolly, you have AB 935. Push the button, if you don't mind. Thanks.
- Damon Connolly
Legislator
Again, starting. Thank you to you, Chair and Members. An honor to present on AB 935. I'd like to begin by thanking the Committee and staff for their work and input on this bill. I will be accepting the Committee amendments. In 2022, 63 percent of California voters via Proposition 31 upheld the state law, SB 793, prohibiting tobacco retailers from selling most flavored tobacco products.
- Damon Connolly
Legislator
SB 793 was groundbreaking and covers flavored e-cigarettes, menthol cigarettes, and tobacco product flavor enhancers in retail locations, including stores and vending machines throughout California. As the law stands, retailers, their agents, or their employees will be found guilty of an infraction and fined 250 dollars for violations. Current law does not punish or criminalize anyone for purchasing, using, or possessing with the intent to use a flavored tobacco product or tobacco product flavored enhancer.
- Damon Connolly
Legislator
Despite the overwhelming support from voters to ratify SB 793, flavored tobacco products continue to be sold in many stores across the state, which allows many teenagers to continue accessing these dangerous products. AB 935 will explicitly authorize the California Department of Health and the Attorney General to enforce the flavored tobacco ban pursuant to Business and Professions Code Section 22950.5, also known as the Stop Tobacco Access to Kids or STAKE Act, consistent with other tobacco enforcement efforts.
- Damon Connolly
Legislator
AB 935 will also replace the subdivision from the Health and Safety Code, which makes violation of SB 93 a misdemeanor and criminal penalty. Instead, pursuant to the STAKE Act, it will become a civil penalty to retailers, their agents, or their employees who are in violation. Preventing the next generation of Californians from becoming addicted to smoking should be a priority for all of us who care about the public health of our state and the well-being of our children.
- Damon Connolly
Legislator
SB 793 can help to achieve this goal, but only if the law is properly enforced. AB 935 will make explicit enforcement by California Department of Public Health and the AG, in addition to local agencies, to ensure compliance and protection of public health. I will now pass it off to George Osborne, who represents Union of American Physicians and Dentists, AFSCME Local 206, the bill's sponsor, and then we'll hear from Dr. John Maa. George.
- George Osborne
Person
Thank you, Assembly Member Connolly. Thank you, Mr. Chair and Members. George Osborne for the Union of American Physicians and Dentists, AFSCME Local 206. We're the sponsor of AB 935. I'd like to thank Assembly Member Connolly for bringing this bill forward, as this is such an important issue.
- George Osborne
Person
Both the Legislature and California voters supported the passage of the flavor tobacco ban, so we need to ensure that it's being enforced properly because as it stands, these lethal products are still falling into the hands of teenagers, which is inexcusable and unacceptable. On behalf of UAPD, I respectfully request that you support AB 935. Thank you, and now I'd like to introduce Dr. John Maa, a general surgeon from San Francisco.
- John Maa
Person
Thank you, George. Chair Wood and Members of the Assembly Health Committee, my name is John Maa. I served as the 2018 President of the San Francisco-Marin Medical Society, which last night endorsed this amended legislation. It's an honor to share our perspective today. Smoking is linked to over 13 human cancers, heart disease, and COPD, among many other illnesses. Smoking is the leading cause of death for Americans.
- John Maa
Person
The Covid Pandemic has only highlighted further the urgency to encourage smoking cessation, as extensive research shows that smoking is linked to worse outcomes from Covid. A lifetime of health problems from nicotine addiction likely predisposed many patients to develop more severe Covid disease and die sooner than expected. The number of deaths from smoking far exceeded the number of Covid deaths over the past three years.
- John Maa
Person
Over my surgical career, I've witnessed the hidden cost to society from smoking that we often don't discuss, from respiratory failure, reintubations, failed operations, prolonged hospital stays, readmissions, and deaths. Tobacco use costs California over 24 billion dollars each year, 13.5 billion dollars in health care costs, and 10.3 billion dollars in lost productivity. It was an honor to work with Mayor Ed Lee on his flavored tobacco ordinance that proved to be his final public health legacy, and later inspired Senate Bill 793 by Senator Jerry Hill.
- John Maa
Person
After Mayor Lee's untimely passing, we defended his legislation against two referendums led by the tobacco industry and Juul in 2018 and 2019. Assembly Member Connolly had the vision to immediately extend Mayor Lee's legislation into Marin County just days after the tobacco industry was defeated in 2018, and it's an honor to join him now in support of this legislation to strengthen the enforcement of Senate Bill 793.
- John Maa
Person
I would like to thank Chair Wood for being an author of Senate Bill 793 and Members Arambula, Santiago, Horvath, and Carrillo, along with Rob Bonta and Shirley Weber, for serving as coauthors. California voters overwhelmingly rejected Prop 31, which was the third attempt to overturn Mayor Lee's intent through a referendum last November by a two to one margin. This legislation became necessary after Prop 31 delayed the implementation of Senate Bill 793 for over two years.
- John Maa
Person
The confusion was further exacerbated by the introduction of new non-menthol products by the tobacco industry that are designed to appeal to menthol smokers. This bill will provide the Attorney General and the Department of Health with the necessary tools to educate retailers and bring an end to illicit flavored tobacco product sales in our state.
- John Maa
Person
I applaud Assembly Member Connolly's continued efforts to strengthen the legislation and to protect another generation of youth from a lifetime of nicotine addiction. I urge the Committee Members to vote aye for AB 935 today and be happy to answer any questions that you may have. Thank you.
- Jim Wood
Person
Thank you very much. Motion by Dr. Arambula; second by Dr. Weber. Others in support, please?
- Janice O'Malley
Person
Hello. Janice O'Malley with AFSCME California, in support.
- Jim Wood
Person
Thank you.
- Priscilla Quiroz
Person
Priscilla Quiroz, on behalf of the National Stewardship Action Council, in support.
- Jim Wood
Person
Thank you. Is there opposition to the bill? Seeing none, we'll bring it back to the Committee for questions or comments. Questions or comments from the Committee? Mr. McCarty?
- Kevin McCarty
Person
Oh, thank you, Mr. Chair. I'll move the bill.
- Jim Wood
Person
You're too late, but that's okay. You could be the third. How's that?
- Kevin McCarty
Person
Okay. So I'll move it again. But I also want to note that Dr. Wood and I were the joint authors of this bill, and we had two bills. In the very end, we just went with the Senate bill, but success has many, many fathers and mothers and failure is an orphan. But the success was the people of California because they saw right through this and upheld our law.
- Kevin McCarty
Person
But I think this is important to make sure we have follow through, to make sure that we have teeth in the law to focus on our retailers and bad actors who are working around the intent of this policy. So thank you for following up.
- Jim Wood
Person
Thank you very much. Anyone else? I'm all about teeth. I can't help it. So, I'm sorry. Never mind. It's late. Anyway, the bill does enjoy a do pass recommendation. Mr. Connolly, would you like to close?
- Damon Connolly
Legislator
Thank you. I respectfully ask for an aye vote.
- Jim Wood
Person
Thank you. The motion is 'do pass as amended to Governmental Organization.' Madam Secretary--oh, there was a motion by Dr. Arambula; a second by Dr. Weber. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call].
- Jim Wood
Person
You have six votes. We'll leave the bill on call. I'm sorry, five votes. We'll leave the bill on call. We've got a bunch of members that aren't here. Thank you very much. Appreciate it. Thank you. Thanks, everyone. Um, Mr. Gabriel. Mr. Gabriel, you have AB 418. Please.
- Jesse Gabriel
Legislator
Thank you, Mr. Chair and members, I am pleased today to be here to present Assembly Bill 418, which would ban the use of five toxic chemicals in food here in the State of California. The goal of this legislation is to protect kids and families and consumers here in the State of California, and by banning these five chemicals, which all have well-documented risk of harm, with strong scientific evidence linking them to cancer, to reproductive issues, to developmental and behavioral issues in children.
- Jesse Gabriel
Legislator
All five of these chemicals are banned in the. They are banned. Many of them are banned in other jurisdictions, including the UK, Canada, India, China, other places around the globe. And many major brands have moved away from using these chemicals in grocery stores. So Coke, Pepsi, Gatorade, Papa John's, Panera, Dunkin Donuts, Whole Foods, Kroger, many of the brands that we all enjoy have stopped using these chemicals because they understand that there is strong science linking them to harms.
- Jesse Gabriel
Legislator
One thing I do want to make clear is that this is not intended to pull any products off the shelf, nor do we think that there is any realistic chance of products coming off the shelf. I'm sure some of you may have seen, thanks to some crack reporting by a British tabloid, the notion that California is going to ban Skittles. And I want to assure you, as somebody who loves Skittles, that nothing could be further from the truth.
- Jesse Gabriel
Legislator
And actually, several of our colleagues who were traveling in Europe over the spring recess made a point to bring me back some skittles to prove the point. So we have, from both France and from Denmark, Skittles that are made without any of these ingredients. I actually just opened them and tasted them here in the hearing room. I can assure you that they are delicious and taste exactly the same as the Skittles that we know and love here in the State of California.
- Jesse Gabriel
Legislator
But really, not to make light of this issue, we know that this is particularly important for protecting young people when there is a heightened risk for kids. Their brains are at a critical stage of development. And I think just to understand here the important backdrop, we've understand, well, why are these chemicals all banned in Europe?
- Jesse Gabriel
Legislator
Why have so many companies out there, some of the biggest corporations in the United States, moved away from using these chemicals, and yet they're not banned here in the United States of America. And that, to me, was something that really came to my attention when I started working on this bill.
- Jesse Gabriel
Legislator
The FDA has really fallen down on the job, and that is because of a loophole known as the grass loophole, the generally recognized as safe, which was originally put into legislation to allow for chemicals like vinegar and sugar and other household items to escape review. That loophole has been exploited to the point where approximately 99% of chemicals that have been introduced into our food supply recently have been done so without independent, meaningful review by the FDA.
- Jesse Gabriel
Legislator
And so that is why, unfortunately, why the United States is so far behind the rest of the world. And it has really led to some absurd outcomes. One of the chemicals that is subject to this bill, red dye number three, red dye number three, has been banned in cosmetics in the United States since 1990, and yet more than three decades later, is still allowed into our food supply. There was just really important research done about the links between this dye and harms to children.
- Jesse Gabriel
Legislator
So we believe that this is a really important step forward to bring the United States into parity with the rest of the world in terms of protecting our kids and protecting consumers. So with that, I'm very pleased to have with me Lillian Zhou, an attorney with the Environmental Working Group, and Lorraine Thibro, a retired nurse, to testify in support. Thank you. And would respectfully request your aye vote.
- Jim Wood
Person
Thank you.
- Lillian Zhou
Person
Thank you, Chair Wood and members, for the time to speak here today. My name is Lillian Zhou and I'm with the Environmental Working Group, which is a co-sponsor of this bill along with Consumer Reports. I'm an attorney, and I serve as EWG's internal expert on food chemical regulation in the US and in the European Union. Food regulation in the US has long lagged behind European standards.
- Lillian Zhou
Person
The EU has banned all five of these chemicals from food, but the US FDA continues to allow for their use. But here's why the EU is so far ahead of the FDA on food safety. Unlike the FDA, the EU proactively regulates food chemicals and is currently updating the safety assessment of every chemical they've approved for use in food. Three of the chemicals in this bill were banned after recent reassessments, and the other two have not been allowed in Europe for decades.
- Lillian Zhou
Person
On the other hand, the FDA almost never reassesses chemicals, even when there's new evidence of harm. The FDA has not thoroughly looked at most of these chemicals since the 1970s, even though ample new evidence has shown that they pose serious health risks to the public. For instance, as the Assemblymember stated, red three is a known carcinogen, which the FDA banned from cosmetics in 1990, but still allows in food. Titanium dioxide, as the committee analysis states, can damage DNA.
- Lillian Zhou
Person
Potassium bromate causes cancer and is a Prop 65 chemical. Propylparaben causes reproductive harms and brominated vegetable oil is a neurotoxin. There's no justification for these toxics to be put in food, and especially not in food marketed to children. And the last point I'll emphasize is that there are effective and cost-efficient alternatives for all of these chemicals.
- Lillian Zhou
Person
Companies that sell the same brands to both European and us markets have made safer versions to comply with EU standards, even as they continue to sell harmful food to us consumers. This bill will make California safer by restricting the worst of the worst chemicals that the EU has banned, but that the FDA has long failed to act on. So we respectfully ask you to vote aye on AB 4118.
- Jim Wood
Person
Thank you.
- Lorraine Thebo
Person
Good afternoon and thank you for allowing me to speak on this important topic today. My name is Lorraine Thebo. I am a retired registered nurse for almost 40 years, on 12-hour night shift, I worked in the San Francisco General Hospital Trauma Center and intensive care unit and the post-anesthesia recovery. I also worked about six years volunteering in Latin America. Throughout my career, I helped patients and families respond to car crashes, gunshot wounds, stab wounds, bicycle and skateboard accidents, serious health conditions and illnesses.
- Lorraine Thebo
Person
But my specialty was always working with children. I have raised four of my own. As health professionals, we always do all that we can to help children and their families respond to a crisis after a devastating incident, to overcome their disabilities, and to return to a normal life. Tremendous resources are always expended after a catastrophic event.
- Lorraine Thebo
Person
Over the course of treatment, families pay a huge cost when a loved one is seriously ill and do everything they can to treat their child, they face tremendous emotional and financial hardships as a result. Not only do illnesses and disease cause loss and suffering, they often permanently alter or end a family and a child's way of life, and I have witnessed too much suffering.
- Lorraine Thebo
Person
My retirement has been dedicated to the prevention of the root causes of that suffering and for that reason, I'm here today as an individual and as a leader of the California Nurses for Environmental Health and Justice to plead with you to not allow food manufacturers to intentionally put harmful substances in our food. These substances can cause cancers, developmental delays, immune disorders, and damage DNA.
- Lorraine Thebo
Person
As others have already said, children are especially sensitive to the effects of chemicals in food and suffer the most from illnesses and chronic conditions. These chemicals that bioaccumulate in their little bodies and are cancer causing should not be added to the foods that children eat every day. Please join me today in supporting AB 4118 and help us ensure that the food that we provide for our families truly feeds their bodies and is helpful, not harmful. Your decision today is important. Thank you for your attention.
- Jim Wood
Person
Thank you very much. Others in support, please.
- Nora Lynn
Person
Nora Lynn with Children Now in support, thank you.
- Quentin Lebec
Person
Quentin Lebec on behalf of California Health Coalition Advocacy in support, thank you.
- Noah Whitley
Person
Thank you Chair and members. My name is Noah Whitley and on behalf of breast Cancer Prevention Partners, Pesticide Action Network, Long Beach, Gray Panthers, Recall Energy, and the Friends Committee on Legislation, we are in support.
- Priscilla Quiroz
Person
Thank you Priscilla Quiroz. On behalf of the National Stewardship Action Council in support.
- Jim Wood
Person
Thank you.
- Beth Malinowski
Person
Beth Malinowski with the SCIU California in support thank you.
- Ryan Spencer
Person
Ryan Spencer, American College of OB/GYN's district nine in support.
- Jim Wood
Person
Thank you. Anyone else seeing? No one? Is there any opposition to this bill?
- Brendan Flanagan
Person
Good afternoon, Chair and members of the committee. I'm Brendan Flanagan on behalf of the Consumer Brands Association, speaking in opposition to AB 418. Food safety is of paramount concern to our members, and we believe the existing comprehensive science-based approval system should be relied upon to make determinations regarding the safety and use of food ingredients and additives. We believe the current regulatory environment provides significant scientific oversight where qualified scientists are able to review hazards and risks.
- Brendan Flanagan
Person
These regulatory bodies are comprised of credentialed professional scientists who have responsibility over all food additives, and these science-based processes should be allowed to continue without supplanting or second guessing their outcomes. Our current review and approval system includes, of course, the United States Federal Government that undertakes a thorough science-based process. In addition, California has several laws that require removing chemicals from foods, attaching warning labels, and checking alternatives if those food additives are unsafe or expose consumers to allergies.
- Brendan Flanagan
Person
All five of these additives have been thoroughly reviewed by the federal and state systems and numerous international scientific bodies and continued to be deemed safe under the existing food safety process. Scientific regulators leverage their expertise and make determinations to establish recognized safety thresholds. Then, when appropriate and supported by peer-reviewed scientific evaluations, they act to require additional labels or to remove the additives from the market. Additionally, our comprehensive system requires ingredient labeling, allowing consumers to make informed decisions.
- Brendan Flanagan
Person
Specifically, there are currently two ongoing regulatory activities to determine the safety of additives within this bill. First, under the federal Food, Drug, and Cosmetic Act, advocates initiated a petition before FDA just last fall for the removal of red dye number three. The comment period for this petition is currently active and concludes on May 18.
- Brendan Flanagan
Person
In addition, California's Department of Public Health earlier this morning conducted a hearing on a separate petition that advocacy groups initiated with the Department to require a warning label on foods containing numerous synthetic dyes. The comment period for this petition closes next month. The Federal Government and the State of California have developed one of the world's most robust and protective systems for food safety. We therefore encourage the legislature to allow that system to conduct this critical work and respectfully oppose AB 418. Thank you.
- Jim Wood
Person
Thank you. Go ahead.
- Sarah Codrea
Person
Good afternoon. My name is Sarah Codrea, and I serve as the Executive Director for the International Association of Color Manufacturers. Thank you for the opportunity to speak to you today about the science supporting the continued safe use of FDNC red number three and titanium dioxide in food.
- Sarah Codrea
Person
Also, on a personal note, as a mother of two young boys, I appreciate the desire to ensure that the food that they eat is safe, and I've seen the science supporting these colors, and I have no concerns with feeding my children foods that contain these colors. In the United States, the FDA regulates the safety of all color additives, including FDNC red three, antitanum dioxide, and it does so based on scientific evidence.
- Sarah Codrea
Person
For red three, no authoritative body, including the FDA or European food safety authorities, have identified any safety concerns with its continued use in food. In its 1990 final rule, FDA actually concluded that red three poses no threat to human health. Global experts have published opinions on the safety of red three, more recently with the UN World Health Organization, and Food and Agricultural Association's Joint Expert Committee on Food Additives, or JEFCFA, as it's known. I also want to note this is a committee that includes FDA representatives.
- Sarah Codrea
Person
It reconfirmed its safe use just in 2018. European Food safety authorities, which, as the supporters of the bill noted, are actively reevaluating colors. They reevaluated this color and confirmed its safety just in 2011. So it's incorrect to say that Europe has banned red three. Europe allows red three. It's known there as erythrazine. It's allowed in candied cherries, pharmaceuticals, cosmetics, and toothpaste products.
- Sarah Codrea
Person
Europe's limits to erythrozine in food is not due to any safety concerns, but because the EU limits approvals of additives, including colors, to specific food product categories where they provide a specific technical advantage. In fact, European manufacturers have five red synthetic color options, while those in the US only have two, including red three currently. For titanium dioxide. There is no actual safety concern to justify a ban. Europe's 2021 decision was based on safety data not representative of the material approved for use as a food color.
- Sarah Codrea
Person
Since then, highly regarded food agencies from the United Kingdom, Canada, Australia, and New Zealand have reviewed the same data and confirmed its continued safe use. Additionally, the FDA conducted its own internal review recently and issued a statement confirming that the agency continues to consider it safer use. In the US also, colors are subject to pre-market approval. There is no generally recognized as safe or grass exemption for colors.
- Sarah Codrea
Person
This means that before marketing, a manufacturer must petition the agency submit an extensive battery of studies demonstrating its safety. This is a process that takes many years and millions of dollars, ensuring that no color is put on the market before an extensive FDA safety evaluation. And contrary to some media reports, there are no immediate replacements available for either of these colors and all the applications they're used. Thank you.
- Jim Wood
Person
Thank you. Others in opposition.
- Dennis Albiani
Person
Dennis Albiani, on behalf of the American Beverage Association. We oppose.
- Jim Wood
Person
Thank you.
- Cori Ayala
Person
Cori Ayala, representing National Confectioners Association, in opposition.
- Jim Wood
Person
Thank you.
- Carlos Gutierrez
Person
Carlos Gutierrez with the Consumer Healthcare Products Association, in opposition.
- Jim Wood
Person
Thank you.
- Margie Lee
Person
Margie Lee, on behalf of the California League of Food Producers and the Council for Responsible Nutrition, in opposition.
- Jim Wood
Person
Thank you.
- Dean Talley
Person
Good afternoon, Chair and Members. Dean Talley, on behalf of the California Manufacturers and Technology Association, as well as the California Grocers, respectfully opposed.
- Jim Wood
Person
Thank you.
- Randy Pollack
Person
Randy Pollack, on behalf of the American Chemistry Council, opposed.
- Jim Wood
Person
Thank you.
- Ryan Allain
Person
Ryan Allain, on behalf of the California Retailers Association, in opposition. Thank you.
- Jim Wood
Person
Thank you. Anyone else? Okay, bring it back to the Committee for questions or comments. Mr. McCarty?
- Kevin McCarty
Person
Yes, thank you. I know that the author is tempting to address this because of the chemicals. I know some, like our Chair, would want to get rid of these products because of the sugar impacts, impacts on our teeth, but that's another day. That being said, I'm just kind of confused from the opposition.
- Kevin McCarty
Person
So your essential argument is that the American evaluation of the safety and the science of this says 'all clear,' essentially, and it's adequately sufficient. So are you saying that the European evaluation is inadequate and it is incorrect?
- Unidentified Speaker
Person
Thanks for the question. I can't speak to the European evaluation system. What I can speak to is the science-based evidentiary approach that our federal and state systems take to review the science and to differentiate between correlation and causation, and based on that, all five of these have been determined to be safe in the United States.
- Kevin McCarty
Person
But those are based on ours. Are you saying their science, you don't know about their science or do you believe that their science is a higher standard or equal?
- Unidentified Speaker
Person
I just don't know enough about the European system to be able to compare theirs to ours. I'm here to speak to the benefits of our system.
- Kevin McCarty
Person
And then I guess at the end of the day, it goes down to dollars and cents. Would it cost more for you to produce the Skittles that allegedly taste the same? I'd like to ask Mr. Gabriel, if you would, to hand them out to the Members so we can have our own taste test. Would it cost more for whoever manufacturers Skittles to produce these products based upon the European standard versus the current American standard?
- Unidentified Speaker
Person
Can I actually answer your first question as well or speak to your first question as well?
- Kevin McCarty
Person
Sure.
- Unidentified Speaker
Person
In the European system, I'm not saying it's better or worse. It's just different. They have a different process, and as I noted, they just recently reevaluated red three in 2011 and cleared it. So FDA is looking at it right now, and they'll make it their own determination. Titanium dioxide: like I said, their decision was based on material that's not used as a food color, but used for industrial. The studies they looked at were not based on its use as a food color.
- Unidentified Speaker
Person
To your question, I can't speak to Mars, who manufactures Skittles, but there are different ingredients allowed for colors in the U.S. and Europe. It's not quite so simple as that these colors are available, and I can tell you that Skittles don't use red three in the U.S. So I'm not sure exactly what the concern is with Skittles in particular.
- Kevin McCarty
Person
Well, maybe it's not--
- Unidentified Speaker
Person
It's titanium dioxide.
- Kevin McCarty
Person
Yeah, I use the wrong one. So the point is, what's the problem? If Mars used a titanium dioxide as opposed to--or got rid of that and went to the European model, would that cost them more money? Is that why you're opposing?
- Unidentified Speaker
Person
Yes, I mean, there is not--currently, there is very limited alternatives to titanium dioxide in the United States for uses of color. And those that are available, you have to use more of them, and they cost more money. So, yes.
- Kevin McCarty
Person
It's a financial decision?
- Unidentified Speaker
Person
I'm not saying that--I can't speak for Mars, but I can tell you that as far as the colors that are available currently in the U.S.
- Kevin McCarty
Person
Okay, yeah. I think this makes sense. I support it. Is there a motion made so far, Mr. Chair?
- Jim Wood
Person
I hear one now.
- Kevin McCarty
Person
Okay, sure. And then, assuming it passes, applaud the author, and you can add my name as a coauthor.
- Jim Wood
Person
Dr. Weber, I think, was next--or Mr. Fong, then. Okay.
- Vince Fong
Person
I'll just be real quick. Thank you. Mr. Chair. Just a question about timing. I missed the opening, but I have done some research, and my understanding, as mentioned before, is that the FDA is in a public comment period reviewing the data and the science. I understand that the California Department of Public Health is also going through kind of a public comment period now.
- Vince Fong
Person
So I guess the question is, since there is a review and it's in a science-based approach, and they're looking at all the data and the specifics, why not wait till they come back with some conclusion before kind of coming out with this ban proposal? It seems like the cart is before the horse here, and maybe you can expound on--
- Jesse Gabriel
Legislator
Yeah, thank you. I think that's a great question, actually. So I guess the best example I can give about this is red dye three, which was brought up, has been banned in cosmetics by the FDA in the United States of America since 1990. And they've been making noise about potentially banning it in food since then, but 33 years later, it's still out in our food supply, and it's banned in all of these other countries around the world.
- Jesse Gabriel
Legislator
So I think the notion here is that we are very, very far behind the rest of the world in protecting our young people. The idea to me that young people in Bulgaria and Romania and all of these other countries around the world are entitled to better protections than we are just doesn't sit well, and there's no requirement that the FDA act on these petitions. There's no requirement that they do anything. There's no requirement that they're going to actually move forward with any kind of regulation.
- Jesse Gabriel
Legislator
And I think what we've seen, actually, is that they have not done that, that they have not been proactive, that they have not been up to the task of protecting us. And so because we have waited for so long for meaningful action and not seen any, it feels to me that it's way past time here for us to take action. I do want to make, with your permission, Mr. Fong, just to help folks understand, it is not just the EU here, right?
- Jesse Gabriel
Legislator
We're using the EU as an example, but to give you an example, so, potassium bromate--that is also banned in Argentina, Brazil, Nigeria, South Korea, Peru, Sri Lanka, China, and India. So this is the rest of the world that is very, very far ahead of the United States in protecting their children. And it's a little bit mystifying to me about the comments that were made about the dyes because actually our State of California, thanks on budget funding, we asked the State Department to do an independent review of all this.
- Jesse Gabriel
Legislator
And if you look at page nine in your analysis, you can see the results of that, that the Department extensively reviewed existing studies of the effects of these dyes on humans and laboratory animals. It found that consumption can result in higher activity, hyperactivity, and neurobiological problems in children, and that the current federal levels of intake may not be sufficient to protect children's behavioral health.
- Jesse Gabriel
Legislator
And the levels were established by the FDA decades ago and do not reflect newer science. So I think part of the issue here is that we have seen, yes, there are petitions pending, but there's no guarantee that the FDA is going to take any action, and the last 33 years of evidence suggests to us that we shouldn't hold our breath there. So I think it's important when we've seen an absence of federal action, that we here in California have to step up and take action.
- Vince Fong
Person
And I guess that's the crux of the question and our dialogue, is that you've come to a conclusion on the federal review. I mean, I don't know what the FDA is going to do with this current review. I mean, they could come back and agree with you. And at that point, I would say that we probably would have to act. I just don't know. And the same with the California Department of Public Health.
- Vince Fong
Person
So I guess the struggle that I have right now is that we're putting the ban before the data, and I guess maybe that goes to my colleague that's texting me from Sacramento, is that if the conclusion is the FDA itself is just structurally flawed and we just aren't going to accept what they conclude with, then that becomes a bigger indictment, right? A bigger concern, and like, then are we questioning every decision the FDA makes? Is it only with these five items or is we just not agreeing with the FDA on this, but we agree with the FDA on everything else?
- Jesse Gabriel
Legislator
I actually think the larger story here is a flawed process at the FDA, and I think the problem that we have with the GRAS loophole is that the industry has essentially been allowed to police itself, that it's grading its own homework, right? And there's an inherent conflict here. And that, for me, is the explanation because when I first looked at this, it didn't make sense to me.
- Jesse Gabriel
Legislator
I mean, I always assumed that there was someone out there watching our back. I mean, I can't pick up a bag of Skittles and read the label and understand anything about these chemicals and know if they're harmful to me or harmful to my kids, right? All I know is that, for example, Dunkin' Donuts stopped using titanium dioxide in 2015. It still sells a lot of donuts. People still enjoy Dunkin' Donuts.
- Jesse Gabriel
Legislator
They came to the conclusion that this was not safe and they didn't want to put it because they care about their customers. They didn't want to put it in their materials. Papa John's came to the same conclusion. Coke came to the same conclusion. Pepsi came to the same conclusion. Gatorade came to the same conclusion. Panera. I mean, you can go through the analysis and see the list of grocery stores that won't sell products containing these ingredients.
- Jesse Gabriel
Legislator
So we are really far behind the rest of the world, not just the 27 countries in the EU, but many other jurisdictions around the world. We're really far behind good actors in the private sector. Some of the biggest, most iconic global corporations like Coke and Pepsi have said, 'this stuff is really dangerous, and we're not going to put it in our products because we want consumers to have confidence that what they are eating and drinking is safe.'
- Jesse Gabriel
Legislator
So I think that the science is, I mean, again, and the State of California has looked at this, reached the same conclusion. We did our own independent analysis. Again, look at page nine of the Committee analysis. You'll see that the State of California extensively reviewed all of the science out there. And I think that, to me, gives me a lot of confidence that we're far behind. The other point I'd make to you is, which side do we want to err on, right?
- Jesse Gabriel
Legislator
Do we want to err on, you know, moving timidly to protect kids and to protect consumers in the State of California or do we want to try to bring ourselves up to where the rest of the world is at on all this? And I think I've always maintained we don't love our kids in the State of California any less than they do in all these other countries, and right now we're failing them.
- Jesse Gabriel
Legislator
And so I would rather speed up, come up to where the rest of the world is, come up to where so many responsible actors in the private sector are, and make sure that we're doing everything we need to protect our kids.
- Vince Fong
Person
I think we certainly have to do everything we can to protect our kids. I'm just trying to follow the science, and I think this is something that is said a lot up here and in the Legislature. And so if the reason for this legislation is to preempt an outcome, then we'll say it and be transparent about it. If it is to wait, if we want to, I guess, make a decision with--we all make decisions and imperfect information, right?
- Vince Fong
Person
And so if there is going to be additional data and additional science, I guess, provided by the FDA, and everyone can come to a conclusion, whether they trust the FDA or not in this space, and accept a report and input from the California Department of Public Health, which is in the midst of doing this review, if there is two reviews ongoing for me, it seems to me that, well, as legislators, we may want to look at that new data that's the most up to date, in addition to on top of everything that's been done, and look at that and say if they come to a conclusion, yay or nay, then we act accordingly on that.
- Jesse Gabriel
Legislator
I'll just add, I understand what you're saying. I'll just add, California has already done its review, right? And that's, if you look at page nine of the analysis, you'll see that, right?
- Jesse Gabriel
Legislator
So there is an additional petition in process on something else, but this has already been reviewed in the State of California. The state has made a very firm conclusion. They didn't do one study. They looked at a variety of studies out there and based on all of that scientific research, came to a firm conclusion. There's a petition on one of these chemicals at the FDA that may or may not prompt any type of action.
- Jesse Gabriel
Legislator
So I think some of this is just an attempt to distract and slow this down, but it's not like the FDA is sitting down ,looking at these five chemicals right now, and in the next couple of weeks, we're going to get some determination. That is absolutely--
- Vince Fong
Person
No, no, no. I'm not saying that and I have the utmost respect for you, and you and I have a great working relationship. That's what I'm just trying to get an understanding is if there is going to be additional information provided.
- Vince Fong
Person
And I think that's the point. There's five of them, these five specific substances, and so each one has its own scientific component, as one of the speakers has said. So the EU allows one and doesn't allow the other. And so I'm not trying to pick and choose, I'm just trying to understand where the consensus is.
- Jesse Gabriel
Legislator
100 percent. And I very much appreciate your thoughtful approach to this and to so many other issues. To be clear, I think just to clarify what the speaker said, red dye three is allowed in one food product in Europe, which is cocktail cherries, right? So it is not accurate to say that it is not banned in Europe. And again, it's been banned in cosmetics in the U.S. since 1990, right? The FDA has looked at the science and said, 'there's so much concern about cancer, you can't even put this stuff on your face.'
- Jesse Gabriel
Legislator
And yet for some reason, it's still in all these foods that we and our kids are eating. So I think the scientific questions because--and you look at sort of the consensus of the rest of the world, which I showed you. It's not just the 27 countries in the EU, it's a lot of other jurisdictions on a lot of these other chemicals. We chose these five. Originally, we were conversations about other chemicals. I settled on these five because they were the worst of the worst.
- Jesse Gabriel
Legislator
There's really strong science linking them to harms and really significant harms, including cancer and behavior and developmental issues in young people. And because for each of them, they're an as easy and in many cases cheaper alternative to make the same product, and I think the analysis does a beautiful job of pointing out that for each of these chemicals, you can replace this food dye with something natural or something safe for cheaper.
- Jesse Gabriel
Legislator
And again, the reason I think what just blows apart the opposition arguments here, you see they have all of these products in Europe, they have these products in other places, they enjoy them. Some of the biggest corporations--again, Dunkin' Donuts, Panera, Papa John's--all of these companies have been able to successfully stay in business, provide consumers with food that they love. They just took the toxic, poisonous ingredients out.
- Jesse Gabriel
Legislator
And I think that seeing this body of evidence there, I think should give us a lot of comfort, not that we're ahead of the game here and ahead of the science. We're actually way behind. And this is just trying to bring us up to parity with the rest of the world and frankly, with the responsible actors in the private sector.
- Vince Fong
Person
I don't know the answer to this question, and this is my last question, but why allow it in cherries and not anything else? Out of curiosity?
- Jesse Gabriel
Legislator
Go ahead.
- Unidentified Speaker
Person
Well, as I noted, it's also allowed in cosmetics, pharmaceuticals, and toothpaste in the EU. So it's not just cherries, so, you know, we may not allow it in cosmetics in the U.S., but the EU does. So again, their systems are different. We look at different things. For the EU, for them to approve a color, they consider its use, they consider where it provides a specific technical advantage to an alternative.
- Unidentified Speaker
Person
So in the case of the EU, they have other red options that the U.S. does not have--both natural and synthetic, not just natural--that may provide a technical advantage, and those are the colors that they use. The EU has decided for whatever reason that the U.S. hasn't that those are okay, and that's what they use in candy or whatnot. So it's not quite so simple. Thank you.
- Vince Fong
Person
Clearly, this is not very simple. So I'll reserve the rest of my questions just on a private level with the Member, but I'll defer the rest of my time to my colleagues. Thank you.
- Unidentified Speaker
Person
May I actually explain why the EU didn't ban red three from cherries? So, basically, in the EU, scientific panels established a safe daily intake amount at 0.1 milligrams per kilogram of body weight per day. That's what the 2011 opinion refers to. It doesn't say that red three is absolutely safe. It says that this very small limit that we've had since 1994 can continue.
- Unidentified Speaker
Person
And so limiting the use of red three to only cocktail cherries would basically allow this one specific food to continue using the dye while keeping exposure low and at a safe level. But what I want to emphasize is that the study released by the California Office of Environmental Health Hazard Assessment in 2021 that assessed the consumption and dangers of synthetic dyes estimated that the highest consumers of red three dye specifically easily exceed this limit.
- Unidentified Speaker
Person
That's one thing where we know that the assumed consumption levels for the people in the U.S. who consume the most red three actually exceed the safe limits that are allowed in the EU. And the second thing is that the EU limit is based solely on the potential of red three to cause carcinogenic effects. What the study from Cal OEHHA two years ago studied was its potential to cause neurobehavioral effects in children. And so that information is not included in the assessment from the EU that reaffirmed from this very small limit of red three in this one food.
- Vince Fong
Person
Just quick, you said causation. So there are studies that say it's causation or its correlation?
- Unidentified Speaker
Person
For the behavioral effects? Yeah. So if you look at the Cal OEHHA study, they looked at basically all synthetic dyes that are approved by the FDA for use in food in the U.S. And they've done animal studies. Obviously, it's unethical to test on human subjects, but they've done animal studies essentially showing that there is a causational effect on neurobehavioral outcomes.
- Vince Fong
Person
Okay, thank you.
- Unidentified Speaker
Person
Thank you.
- Jesse Gabriel
Legislator
You'd have to drink a lot of old fashions with those cocktail cherries to get up to the unsafe amount.
- Vince Fong
Person
No comment on that.
- Jim Wood
Person
Or Roy Rogers. So, Dr. Weber.
- Akilah Weber
Legislator
Thank you, Assembly Member, for bringing this bill and encouraging this conversation. I wanted to go back to what opposition said because I was very confused. So you're saying that red dye three is safe? Is that what you're saying?
- Unidentified Speaker
Person
I'm saying there's no evidence that it's unsafe for use in foods at the levels that it's allowed to be used.
- Akilah Weber
Legislator
Okay. But we have determined that it's unsafe to put on our skin.
- Unidentified Speaker
Person
The FDA made a ruling in 1990 in which it said that they had no concerns with the use of red three in human health. It was the reason they denied the petition--that's what it was, it was a petition--to allow for its use in cosmetics was because of a legal standard, not a scientific standard. I could spend a lot of time talking about it, but I don't know that we all want the history of this standard from the 1960s.
- Unidentified Speaker
Person
I'm happy to explain it if it's helpful for everyone, but it's something called the Delaney Clause, and it was implemented in the color additive amendments of 1960. And it indicates that if even one molecule of a substance was found to cause cancer in any rodent or human study, that it cannot be approved for use in food. That's an almost impossible safety standard to adhere to for any food or color additive.
- Unidentified Speaker
Person
And so there was a study that had just been completed in rodents where dietary concentrations that were higher than a human would ever consume produced incidences of tumors. And that's why they denied the petition. But they said in the same denial that they had no concerns for its use in human health. And that same study has been looked at by Europe, by JECFA, and they've decided that it's not relevant for making a safety determination on red three.
- Akilah Weber
Legislator
So, I'm sorry. So you just told me that the rodents develop tumors, i.e. cancer.
- Unidentified Speaker
Person
Yes.
- Akilah Weber
Legislator
Oh. Okay. Thank you very much for answering that question. I think one of the other things that I've noticed just from listening and reading through the analysis and, you know, how you pointed out that there are certain entities that no longer use these supplies or limit it, such as Whole Foods and Trader Joe's and Panera, what struck me was, I don't know how many inner cities have Whole Foods, Trader Joe's, Panera, or Chipotle.
- Akilah Weber
Legislator
So to me, this is not only a health issue, but it's a social justice inequity thing, where, once again, those who have more are able to put themselves in places where their children and themselves will not be exposed to things that are harmful. And this is very concerning for me. Now, we have, as was stated by Assembly Member McCarty, we have products that don't have these harmful substances in them, or if you want to say, potentially harmful substances in them.
- Akilah Weber
Legislator
And that potential is what's concerning for me. And the fact that there is an inequity in terms of who has access to those products that don't have it versus those that do because I can tell you there's a lot of lower level supermarkets in my districts where you don't find a lot of Trader Joe's and Whole Foods.
- Akilah Weber
Legislator
And so for me, I would rather not, as a mother, as a physician, as someone who comes from a community that has dealt with lots of inequities historically, would rather make sure that we allow this same playing field for everyone, regardless of where they live, their zip code, where they live in a food desert, or have access to the most expensive, exclusive brands. So I thank you for bringing this up, not only to help some, but to really make sure that everyone has access to these healthy ingredients. So thank you.
- Jim Wood
Person
Mr. Patterson.
- Joe Patterson
Legislator
Thank you very much. I'd just like to note that Skittles are actually my favorite candy, and I have yet to try the European version, and hopefully at some point, I'll get that opportunity. I think really what I'm kind of conflicted with here is I remember those commercials. I don't know if it was when I was a kid or something--I don't know. I haven't watched TV really for a long time.
- Joe Patterson
Legislator
But a kid reading like an ice cream box or something, and he was able to read the ingredients of one company and then another company couldn't read it, and that was their marketing thing to parents like, hey, we only have cream and chocolate in our--so it's definitely something I think parents care about. I know I do. But I also know that I'm not a scientist, and I'm hearing kind of the debate here and the discussion. You've raised a lot of concerns that I have.
- Joe Patterson
Legislator
And then also I kind of hear the reasons in the back and forth, and frankly, I don't know product bans when there are processes to do this, I mean, we either trust the process or we don't. Maybe we don't. Maybe we don't trust the FDA. Maybe we don't, but that's the system we have. Maybe we need reform there.
- Joe Patterson
Legislator
But I think bans like this on an individual products and I think there'll be more coming through is very difficult because I'm not personally equipped. I mean, frankly, I can read the analysis and obviously we've chatted about this bill, and I really appreciate that, but I'm just not equipped to make the determination. It sounds like two different arguments that are both very interesting, but that's why we have these processes that go through.
- Joe Patterson
Legislator
And I'd be happy to, if we need to strengthen that process in California, I think that's a conversation that I'm willing to have, but I'm not personally equipped to say, 'hey, we should ban these products.' I'm obviously interested in the rest of the conversation and how this goes before making my vote, but that's kind of the concern I have. So thank you.
- Jim Wood
Person
Anyone else here? Ms. Waldron.
- Marie Waldron
Person
Just make a quick comment. Having heard some of the discussion, I had also thought of--as Assembly Member Weber had mentioned--the disparity issue when it came to--especially health care. As a mom and just as a person, I always look at the ingredients and things. And if I'm comparing things and there are synthetic dyes or things, I would never give those to my child. In fact, he had organic homemade food when he was a baby.
- Marie Waldron
Person
But I think it's important that we have this discussion. There may be issues with the implementation timelines and things like, I think, you know, as you said, the rest of the world is ahead of us in a lot of ways. And we saw that, Dr. Wood, when we dealt with the Universal Care Committee, we saw how health care in general around the world is far exceeding us in a lot of ways. So, anyway, thank you. I just wanted to make that comment.
- Jim Wood
Person
Anyone else? I guess that just leaves me. So, I want to say thank you, Mr. Gabriel, for your very thorough study of this issue, and your command of the content is impressive. As we were sitting here talking with my chief consultant here about the fact that there was a comment brought up about 'shouldn't we wait for the FDA?' And noting that the FDA is currently only reviewing red dye number three.
- Jim Wood
Person
The other four chemicals that we're talking about, which, as I heard, are considered to be toxic chemicals, are not under review by the FDA currently, and so we could wait for who knows how long for the FDA to get around to deciding whether or not it's appropriate to have toxic chemicals in food. But I would also note that we in California do not tend to always wait for the FDA.
- Jim Wood
Person
I'll go back to an issue that was right before you around flavored tobacco and menthol in cigarettes, which are there to attract young people to a carcinogenic material that will have lifetime health effects on them. I applaud you for bringing this forward, and it does enjoy a do pass recommendation. And with that, I'd like to give you the opportunity to close.
- Jesse Gabriel
Legislator
Yeah. Thank you very much, Mr. Chair, and thank you, colleagues, for the thoughtful questions and discussions. I'll just offer a couple of observations. I think we've sort of gotten bogged down in some of the details here, and I just want to take us back up to a higher level and thinking about some of the comments that you made, Assembly Member Patterson. There are over 3,000 chemicals that we put into our food. We have focused on five of them because they are the worst of the worst. I would hope that--I think the real solution to this problem is reform of the FDA process.
- Jesse Gabriel
Legislator
Unfortunately, we can't do anything about that in the State of California. That is not something that's within our power. So, seeing what we've seen, it was interesting to--heard from an attorney who specializes in this area that they should change the name of the FDA really to the DA, to the Drug Administration, because it is really abdicated as its responsibility on food. But again, there's nothing that we can do about that.
- Jesse Gabriel
Legislator
So the only thing that we can do in the absence of meaningful federal action is make a decision about what's under our control here in the State of California. And I think when we--I have not heard the industry even defend three of these chemicals, maybe four. I know they've made a few nitpicks here on some studies around some of the dyes, but for some of these chemicals, they haven't even made an argument that they're safe. And you heard, when asked directly, 'is this safe,' they won't even say yes because they can't say yes.
- Jesse Gabriel
Legislator
So I think if you just look at the body of evidence, which is not just the 27 nations in the European Union, but so many other nations, India and China and the UK and Canada and Japan and so many others that are ahead of us on banning these chemicals, when you look at all of the responsible actors in the private sector, brand name iconic global corporations, Coke and Pepsi moved away from BVO in 2014.
- Jesse Gabriel
Legislator
This is not something that is ahead of the science. This is not something where we're going to be ahead of the game. I actually think we're just rushing to play catch up so that our kids here in America and in this--particularly in the State of California, will be as safe as kids in the rest of the globe.
- Jesse Gabriel
Legislator
So I think if we're going to err one way or the other, as a parent and as a lawmaker, I would always err on the side of trying to protect our kids, especially, especially when there are readily available alternatives for all of these. We know that no products are going to come off the shelf. We know that there's really no harm to the industry. In that case and on behalf of our children, would respectfully request your aye vote.
- Jim Wood
Person
Thank you very much. I think there was a motion by Mr. McCarty, but I didn't hear--a second by Ms. Aguiar-Curry. The motion is 'do pass to Environmental Safety and Toxic Materials.' Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call].
- Jim Wood
Person
You have nine votes. Your bill is out.
- Jim Wood
Person
We will leave the roll open for others to add on. Thank you very much. He said the request was to leave the Skittles. No, apparently that has fallen on deaf ears. It was a nice try, though. Pardon, Mr. Gipson, at this hour, do you bring any tasty treats with you? Okay. All right. Thank you. Motion and a second.
- Mike Gipson
Legislator
Mr. Chairman and members, Vice Chair. Thank you very much for allowing me to present Assembly Bill 767, which aims to continue authorizing local emergency medical service agencies to develop programs that provides community paramedicine services. Community paramedicine services allows specifically trained paramedics to perform duties outside of their traditional role to enhance and access care. Let me just turn it over to and appreciate this bill being moved by my colleagues. I want to introduce a representative who was self-introduced, representing the California Professional Firefighters and also the California Emergency Physicians, to not only self-introduce but speak in support of this bill.
- Timothy Madden
Person
Thank you, Mr. Chair. Members, Tim Madden, representing the California chapter of the American College of Emergency Physicians. We're one of the co-sponsors, and we just want to thank Mr. Gipson for his continued support around the idea of community paramedicine. As we see emergency departments with overcrowding levels never seen before, the time is now to look at different ways to look at the healthcare system, particularly the emergency medical services system, to try and get some relief there. We are encouraged by some of the things we're seeing in these programs. So we're excited to see this bill extend that and also include the post-discharge follow-up care program, which showed some signs of good results. With that, I'll turn it over to my colleague Doug and have him talk about the bill.
- Doug Subers
Person
Thank you, Mr. Chair and Members. Doug Subers, on behalf of the California Professional Firefighters, representing more than 34,000 professional firefighters and emergency medical services personnel statewide, I would echo the comments of Mr. Gipson and Mr. Madden. We would applaud Assemblymember Gipson's ongoing leadership on this issue. The bill does extend to sunset, so we continue to see the benefits of these programs that will be studied as they go along.
- Doug Subers
Person
And with regard to authorization of post-discharge follow-up, this is community paramedic following up within a short period of time after someone is discharged from the hospital with a chronic condition, ensuring they understand their discharge orders and understanding their medication. It is not in lieu of home health or any other services. It is really to try to provide a gap in community care, which all of these specialties do. For those reasons, we would respectfully request your aye vote. Thank you.
- Jim Wood
Person
Thank you very much. Others in support.
- Darby Kernan
Person
Hi, Darby Kernan on behalf of Leading Age California, in support.
- Jim Wood
Person
Thank you.
- Connie Delgado
Person
Good evening. Connie Delgado on behalf of the California Emergency Nurses Association, in support.
- Jim Wood
Person
Thank you.
- Alexis Rodriguez
Person
Alexis Rodriguez with the California Medical Association, in support.
- Freddie Rodriguez
Person
Just want to thank Gipson for really working on this issue for the last couple of years. It really is a big benefit as we look to do some changes in the way we provide emergency care and services out there in the streets. One thing comes to mind, thinking you're doing what you're doing, is there's been several times when I was working in the field that we would get responded to patients home addresses that were discharged a day or two earlier. And guess what? They had some issues calling 911. And here we go. Activating the system when, if they had something like this in place, could do the follow-up care so they don't have to put a burden on the 911 system. I know we had a bill a bit earlier regarding response times of ambulances, and this is just, I think, one component of how we can alleviate those issues by providing the services. So I want to thank you and also the sponsor of bringing this bill forward and extending it and looking at it more in-depth as well. Thank you.
- Jim Wood
Person
Thank you. Anyone else seeing no one. Is there opposition to the bill? See no one will bring it back to the committee. Questions or comments from the committee? Mr. Rodriguez.
- Jim Wood
Person
Thank you. Anyone else? So you know, when your bill does enjoy a do pass recommendation, we have a motion by Dr. Arambula, a second by Mr. Rodriguez. Would you like to close, Mr. Gipson?
- Mike Gipson
Legislator
I respectfully ask for an aye vote and thank the committee.
- Jim Wood
Person
Thank you very much. The motion is do pass to appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
So you bill has seven votes. We'll leave it on call. We've got some people missing, so thank you. Assemblymember Irwin.
- Jacqui Irwin
Legislator
Thank you.
- Jim Wood
Person
So, you have two bills before us. Let's start with AB 931. Microphone, please.
- Jacqui Irwin
Legislator
Good evening, Mr. Chair and members. I'm pleased to present AB 931. Today, as a patient looks to get physical therapy treatment their doctor has prescribed, a frequent barrier they run into from the insurer is a delay in prior authorization. A survey performed by the American Physical Therapy Association saw that nearly 75% of physical therapists they surveyed waited at least three days for a prior authorization decision from the insurer. Over 25% of the PTs regularly wait over a week for prior authorization decisions.
- Jacqui Irwin
Legislator
These delays can leave patients suffering from pain and reduced mobility while they wait for their insurer to grant them the care that they need to find relief. Patients in chronic pain often are forced to continue the use of painkillers as they wait for prior authorization. Other patients may give up on their course of care entirely.
- Jacqui Irwin
Legislator
AB 931 would avoid these negative outcomes for patients by mandating that insurers may not require prior authorization for the first 12 physical therapy visits related to a new episode of care. In doing so, this bill prevents the restrictions created by the denial of care and unnecessary reviews for medically necessary physical therapy treatment. I would like to express appreciation to the opposition for engaging in productive conversations with my staff while we work on this bill. And with me today to speak in support is Dr. Rick Katz, President of the California Physical Therapy Association.
- Rick Katz
Person
Hi, thank you very much. My name is Rick Katz. I'm a doctor of physical therapy and I'm the president of the California Physical Therapy Association. We represent over 10,000 physical therapists, physical therapists, assistants, and students in the State of California. And as Assemblymember Irwin stated, AB 931 will improve access and reduce delays in care to patients receiving physical therapy.
- Rick Katz
Person
So in recent years, we've seen increases in healthcare review decisions done a lot by computer algorithms that do not properly recognize the training and opinion of physicians and physical therapists to assess the needs for the frequency and duration of care based upon their initial evaluations. In fact, a data review from about 1.2 million cases from the nation's largest electronic medical records provider for physical therapy shows that a standard approval of visits was about 3.8 visits when done by a computer algorithm and exceeded over 10 when review is done by an actual individual. The opposition to this bill states that it is necessary for the insurers to be involved very early in the authorization process.
- Rick Katz
Person
They're essentially stating that the insurer needs to establish medical necessity because a physician and a physical therapist aren't able to make that decision on their own. A patient who has defined physical therapy benefit and the opinion of multiple healthcare professionals should not be denied care or have care delayed at intervals based upon computer algorithms. This bill will not limit an insurer's ability to perform retrospective reviews or to remove a provider that has a pattern of overutilization.
- Rick Katz
Person
This bill also allows care to be delivered without unnecessary delays. Published studies in musculoskeletal medicine show that costs can be as much as 75% higher when access to physical therapy is delayed, and these added costs are attributed to increased opioid use as an alternative diagnostic test and surgery. Or the patient just stops coming because they're frustrated with the weight and delays.
- Rick Katz
Person
An attempted rollout of one of these restrictive utilization management programs a couple of years ago for PT in California resulted in 51 complaints to the Department of Managed Healthcare before the insurer had actually pulled back on the program and revise it. This occurred within a short period of two weeks, and despite that, they still plan to reimplement the program again later this year. And that program is fraught with issues in other states right now.
- Rick Katz
Person
So the California PT Association has engaged the Department of Managed Healthcare to help address the issue that exists with delayed access and delayed reauthorizations, but their abilities are really limited based upon current law. The bill diminishes the need for a patient to actually file a complaint in order to access care that they're medically entitled to with their benefit plan. So I urge you to support 931, and we thank Assemblymember Irwin for bringing.
- Jim Wood
Person
Thank you. Just the one witness. Okay, great. Others in support of the bill.
- Stephen Cattolica
Person
I'm Steve Cattolica. I represent the Independent Physical Therapists of California, in strong support.
- Jim Wood
Person
Thank you. Thank you. Anyone else? No one. Is there opposition to the bill?
- Jedd Hampton
Person
Good afternoon, Mr. Chair and members of the committee, Jedd Hampton, with California Association of Health Plans, representing 43 Knox-Keene licensed health plan, representing over 27 million Californians here, regrettably in opposition to AB 931. I would like to thank the author and her office and the committee staff and the sponsors as well. We have had some productive conversations on this bill thus far, so we really appreciate their openness and willingness to engage with us on this issue.
- Jedd Hampton
Person
Regrettably, though, we are opposed to the bill principally because this bill will exempt certain providers from seeking prior authorization for physical therapy services. Prior authorization serves as a critical function within the healthcare system as it allows health plans and ensures the opportunity to evaluate specific services and ensure that they are not only medically necessary, but are also consistent with appropriate clinical care guidelines.
- Jedd Hampton
Person
Prior authorization protocols promote safe, effective and affordable care for plan enrollees while ensuring that the patients receive the right care at the right time from the right provider. Regrettably, AB 931 would undermine this process by specifically exempting physical therapy providers from prior authorization for up to 12 patient visits without any oversight or review by the patient's health plan or the primary care physician.
- Jedd Hampton
Person
In essence, we believe that this bill would grant unfettered access to this particular service, again restricting our health plan or insurer's ability to determine if the treatment visits are medically necessary or follow those standard clinical care guidelines. We are concerned that this may result in patients receiving unnecessary and or inappropriate care, which will unnecessarily drive up costs within the healthcare system.
- Jedd Hampton
Person
We would also like to point out that there have been several bills introduced in the Legislature this year that we think we need to mention that in one way or another are seeking to unravel some of the common sense checks and balances within California's healthcare delivery system. And this is by either restricting remodeling or outright removing utilization management tools from the health plans. So again, we just wanted to mention that and keep that in context, not just specifically this bill, but as a whole. So, again, for these reasons, we are opposed to AB 931, but look forward to continuing to work with the author's office and the sponsors to address our concerns. Thank you.
- Steffanie Watkins
Person
Mr. Chair and members, Steffanie Watkins, on behalf of the Association of California Life and Health Insurance Companies,. In the interest of time, I know we're going late, I will echo my colleague's comments and really just point out this is one of many bills that we will see this year on prior authorization. And while certainly this is a far more targeted approach, which we appreciate, we are concerned about that cumulative impact and restricting a plan's ability to look at providing the right care at the right time. So for that reason, we are opposed. That being said, we hope to work with the authors and sponsors to see if there's maybe a pathway forward to come to some sort of resolution. So thank you.
- Jim Wood
Person
Thank you. Others in opposition? No, and bring it back to the committee for questions or comments. Dr. Weber.
- Akilah Weber
Legislator
Thank you and good evening. It is running late. I have a question for the opposition. Do you all know what is the time frame or the average time frame between the referral being placed to see a physical therapist and that referral being approved so that that patient can actually get in to see the physical therapist?
- Steffanie Watkins
Person
I don't know what the average time specifically to physical therapy. I can tell you there are statutory requirements I think it's three to five days, depending on if it's urgent or non-urgent, that are statutorily required to process those. There are times where a claim can be pended, waiting additional information if it's not a completed claim. So there are times that are slightly more delayed, but there are statutory provisions that the plans work within.
- Akilah Weber
Legislator
Do you happen to know, as far as authorizations are concerned, would it be required that a physician submit a new request after every visit? After every two visits? After every four visits? Do you know how often they would have to do that?
- Jedd Hampton
Person
Thank you for the question, Dr. Weber. I think it generally depends on the initial diagnosis or the need for the service, is my understanding. So while that may be two visits for a particular diagnosis or situation, that could be stretched out depending on, again, the severity of the injury and the severity of the need for treatment on that. So it really does, from my understanding, kind of depend on what situation that is being treated in a given moment. So it can vary from one up until I know we do have plans that do initially authorize up to 12 visits for a particular service if the diagnosis warrants that waiver of the prior authorization.
- Akilah Weber
Legislator
I will just say, I think one of the reasons why you're seeing, as you stated, so many bills or legislation, potential bills dealing with prior authorizations, is that it has become not only challenging for physicians but also challenging for patients. So when you talk about, well, it's three to five day, but then if something's missing like someone didn't check a box or something, then they've got to go back and start all over, then all you're doing is just really kind of delaying the care for the patient, and it's also extremely frustrating and burdensome on the provider and the healthcare system.
- Akilah Weber
Legislator
That being said, I do understand the need to have someone else's eye on some of these processes and not just kind of open up the floodgate to just let anybody get any kind of thing because they may not need it. It may not be based on best practices or evidence-based, and I can be very honest about that. So I hope that you continue to work with this particular author. I did think 12 treatments was a little excessive, and I spoke with a physical therapist about that. But I do think that waiting for an authorization for someone that may need physical therapy, waiting for three days, five days, two weeks, a month is a bit much.
- Akilah Weber
Legislator
So figuring out a happy medium where they can at least start it, and when you figure out how much time it takes to actually get that referral done, whether it's two weeks, then they can get that information in the proper time frame because I also don't want to start talking about, well, they can start it and then retroactively be billed. That would be absolutely horrible to have someone going for something thinking that it's going to be covered and then they end up with a large bill at the end of their treatment because their plan has denied that particular claim. So I will be supporting it today because I can see things from both sides. But I think that conversations need to continue and hopefully you all will be able to come to a happy medium. Thank you.
- Jim Wood
Person
Anyone else? A question for the opposition, you talked about maybe unnecessary. I can't remember the phrases you used about or inappropriate use of physical therapy.
- Jacqui Irwin
Legislator
Unfettered access. Unfettered access.
- Jim Wood
Person
Unfettered access. So as someone who's experienced physical therapy multiple times for orthopedic injuries, trust me, I wouldn't want to go unless I absolutely had to. So can you explain what you mean by that and what procedures might not be appropriate for physical therapy?
- Jedd Hampton
Person
Yeah. Thank you, Mr. Chair. I think just in general when you're looking at up to 12 visits, that doesn't necessarily mean, as you can imagine, that that patient would need 12 visits. So when we're looking at restricting or eliminating the use of prior authorization for up to 12 visits, we want to make sure that those treatments are obviously medically necessary and that we have other folks, other eyes on that treatment. So it's not that they will use all 12 of those treatments, we understand that.
- Jedd Hampton
Person
But when we're looking at the medical necessity of a particular injury or particular diagnosis, if that could be hypothetically two to four, but they would have access to 12, we think that depending on the possibility is there that somebody could utilize all 12 instead of what we would deem as medically necessary. So that's generally when we're saying that type of access, that's kind of what we're concerned with writ large when it comes to opening it up to 12 particular visits.
- Jim Wood
Person
But the doctor would not have to prescribe 12, they would just potentially have access for up to 12. Honestly, having gone through a couple of orthopedic rehabs and having had to wait as the consumer for a pre-off for the next six, I found that frustrating. And indeed, at one time I just said, the heck with it, I'm going to do it anyway because I don't want to lose progress.
- Jim Wood
Person
I don't want to wait the three to five days so I can see from the patient's perspective there and trust me, like I said, I'm not going to see the physical therapist unless I absolutely need to. I love you guys, but I don't always care for what you help me do. And I understand the concern about a lot of other things. Maybe we're looking at changing utilization review. But on this one, I have to side with the author on this, I think, because up to. It's an up to. Not everybody's going to need 12. So it's nice to know that they're there. And I hope that between the doctor and the patient and the physical therapist, that they treat the patient appropriately. Ms. Irwin, you enjoy a do pass recommendation. I haven't heard a motion or. We have a motion by Ms. Aguiar-Curry, a second by Dr. Arambula. Would you like to close?
- Jacqui Irwin
Legislator
Just respectfully ask for your aye vote. And we will continue to work with the opposition, see if there's some compromise there that we can both be happy with.
- Jim Wood
Person
Thank you very much. So, the motion is do pass to appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
Yes, you are. Thank you for. So thank you. I think we all deserve Skittles just for being here, quite frankly. But Mr. Gabriel took them anyway, so. We'll leave the bill on call, Ms. Irwin, and move on to your next bill.
- Jacqui Irwin
Legislator
All right. Let's hope this is a quick one, too. I'm sure you're all ready to go home. I want to begin by thanking Mr. Wood, as well as the Committee staff, for working closely with my office on the amendments that I will be accepting. Currently, 1.3 million Californians have serious mental illness, such as schizophrenia, bipolar disorder, and PTSD, which impacts their day to day lives.
- Jacqui Irwin
Legislator
For individuals with SMI, it is crucial that they avoid disruptions in their medical regimens in order to prevent negative outcomes like emergency room visits, incarceration, or homelessness. However, studies have unveiled that 57.9% of patients with a psychiatric diagnosis have experienced access problems while trying to refill their prescriptions. In an effort to reduce negative outcomes, AB 1437 will remove unnecessary prescription refill authorization barriers for medical patients obtaining their SMI medications.
- Jacqui Irwin
Legislator
By taking this critical step, we can ensure that our most vulnerable are able to adhere to their recommended medication regimens without needing to jump through any additional hurdles that can negatively impact their continuation of care. With me in support today, is Dr. Le Ondra Clark Harvey, CEO of the California Council of Community Behavioral Health Agencies, and Reverend Tammie Densye, CEO and founder of Carrie's Touch.
- Le Clark Harvey
Person
Thank you very much. Good evening. I used to say afternoon on my paper, but good evening, esteemed chair and Members. I'm Dr. Leandra Clarke Harvey, CEO of the California Access Coalition and CBHA. The Access Coalition is a group of patient advocacy organizations, health industry companies, and governmental groups aligning to create and change policies that support patient access to medications.
- Le Clark Harvey
Person
Our co sponsors, the alliance for Patient Access and the Psychiatric Physicians alliance of California think Assembly Irwin and Quirk-Silva for championing AB 1437 as a psychologist, I've helped patients with chronic conditions who need consistent and uninterrupted treatment. I've seen what it looks like when a patient skips doses because of difficulty accessing a prescription and relapses or has a psychotic episode, rendering them unsafe at times and in need of emergency care.
- Le Clark Harvey
Person
I've worked alongside talented psychiatrists who, due to impacted schedules and workforce shortages, are not able to respond to the many calls, emails, et cetera, for prior authorizations before the patient is sent away from pharmacy counters for hours, sometimes days, until administrative hurdles are resolved. In this ongoing pandemic where behavioral health needs are escalating, we just can't afford for people to stand in line and leave empty handed or wait longer than they need to to get consistent care.
- Le Clark Harvey
Person
When someone is diagnosed with a serious mental illness, adherence to their medication is critical to allow them to carry out their normal daily functions. It's also important for their caregivers and their families who also endure these administrative hurdles. AB 1437 provides a physician with the ability to identify patients who are stabilized on medication and waive prior authorizations. It honors clinical judgment of doctors and importantly, it provides patients with what can be, for many, a life saving intervention. Thank you for consideration of this proposal.
- Jim Wood
Person
Okay, thank you.
- Tammie Denyse
Person
Good evening, Mr. Chair and Committee Members. Thank you for this herculean act of a day. I'm Reverend Dr. Tammy Denise, the CEO and co founder of Carrie's Touch, a nonprofit organization aimed at closing the 41% mortality gap between black women and white women for a breast cancer diagnosis. We also provide support to those survivors in their communities for necessary that are necessary to enhance their overall well being after a diagnosis and treatment.
- Tammie Denyse
Person
As an 18 year breast cancer survivor, I've experienced firsthand the impact of administrative hurdles and delays. When several events left me without critical medication to manage my symptoms of depression, I waited days before the pharmacy and Doctor could connect and provide a new authorization for my medication. But by then I was sick from lack of consistent medication in my system. This greatly impacted my ability to adequately care for my adolescent children, therefore grossly disrupting the harmony and flow in our home.
- Tammie Denyse
Person
I don't speak just for myself. I speak for the many patients who carries touch supports. And I could share countless stories when I talk about having a chronic illness that impacts your overall physical body and your mental health as well. The last thing that a patient needs when navigating a physical illness is a mental health crisis due to delays in getting much needed medication. I'm one of the lucky ones. I had housing and I had the support I needed to fight to get my medication.
- Tammie Denyse
Person
Each time I found myself in this preauthorization debacle, my depression, those severe at the time, was medically induced and temporary. But what about all of those whose experiences are different and live daily with the debilitating effects of social media.
- Tammie Denyse
Person
Severe mental illness and or don't have the resources to support or represent them? That's why I'm here today, to advocate for those who can't, who won't, and don't know how to advocate for themselves. I'm here in support of AB 1437 because it provides a simple fix to unnecessary delays in care. I urge your support.
- Randall Hagar
Person
Thank you very much. Others in support. Good evening, Mr. Chairman, Members of the Committee. Randall Hager, representing the Psychiatric Physicians alliance of California. We're co sponsors. Happy to answer any questions. Thank you.
- John Drebinger Iii
Person
John Drebinger with the California Council of Community Behavioral Health Agencies, CBHA. We are in support. And was also asked to relay support from the Steinberg Institute.
- Jim Wood
Person
Thank you.
- Alex Khan
Person
Alex Khan, on behalf of the California Chronic Care Coalition, in support.
- Jim Wood
Person
Thank you, Mr.
- Brandon Marchy
Person
Chair, Members of the Committee. Brandon Marcie, with the California Medical Association in support.
- Jim Wood
Person
Thank you.
- Theresa Comstock
Person
Teresa Comstock with the California Association of Local Behavioral Health Boards and Commissions in support, as well as the California Coalition for Mental Health in support.
- Jim Wood
Person
Thank you.
- Neal Miller
Person
Neal Miller, California Acupuncture Traditional Medical Association, in support of anything that helps patients.
- Jim Wood
Person
Thank you. Anyone else? No one. Is there opposition to the Bill? No one. Bring it back to Committee. Questions or comments from the Committee? The Bill does enjoy a do pass recommendation. We have a motion from Dr. Rambula, second by Dr. Weber. Ms. Irwin, would you like to close?
- Jacqui Irwin
Legislator
Would like to have the Committee support, please.
- Jim Wood
Person
Madam Secretary, please call the role. Have you accepted the amendments?
- Jacqui Irwin
Legislator
Yes.
- Jim Wood
Person
Okay. Okay. Sorry. It's been a long day and we didn't get Skittles, so there's a Low blood sugar up here. Just saying. So. Madam Secretary, please call the roll. The motion is due. Pass as amended to appropriations.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
You have six. We'll leave the Bill on call. Thank you. We will now go to Dr. Arambula, who has Assembly Bill four.
- Joaquin Arambula
Legislator
Thank you to the Chair and Committee for allowing me to present AB four. AB four will expand Covered California access to all Californians by removing immigration status as a barrier to eligibility. The historical exclusion of undocumented immigrants from the healthcare system threatens the well-being of individuals and families in our communities. We have been working to end that exclusion through the recent efforts to expand full-scope MediCal coverage to all income-eligible adults.
- Joaquin Arambula
Legislator
However, higher earning undocumented individuals are still restricted from purchasing coverage on the Covered California marketplace. Expanding access to healthcare coverage will both save lives and dollars. By removing immigration status as an eligibility barrier to Covered California, we can continue to build a more universal, equitable healthcare system for all who live in California. It is time that we recognize that healthcare access is a human right and to remove exclusions from Vital Healthcare Services.
- Joaquin Arambula
Legislator
Testifying in support of AB four is Jose Torres Casillas with Health Access and Lilia Becerril, who is an individual who's personally impacted by AB four.
- Jose Torres Casillas
Person
Good afternoon Chairman, Members. My name is Jose Torres Casillas with Health Access California, the statewide Healthcare Consumer Advocacy Coalition. I will be translating for Lilia here and she will be speaking first.
- Lilia Becerril
Person
Buenas tardes a todos. Mi nombre es Lilia Becerril y soy inmigrante de Michoacán, México. He vivido en California por más de 33 años. Soy esposa, madre de tres hijos biológicos y un hijo adoptivo.
- Lilia Becerril
Person
Me considero un líder en mi comunidad y estoy aquí para contarles la realidad de mi vida y la de miles de inmigrantes indocumentados que residen en California y viven con el miedo de enfermarse o necesitar atención médica porque no calificamos, para MediCal y no podemos comprar cobertura asequible. Mi esposo y yo hemos trabajado en este país y contribuido a la economía desde nuestra llegada a California.
- Lilia Becerril
Person
Mucha gente ve a los inmigrantes indocumentados como una carga pública, pero la realidad es que muchos de nosotros no recibimos asistencia del gobierno. Algunos de nosotros no queremos ser parte del sistema y otros no tenemos otras opciones. Mi esposo ha tenido hernias durante más de 20 años y ha necesitado una cirugía que no puede realizar porque no podemos tener cobertura y no podemos pagar el precio total del boleto de la cirugía.
- Lilia Becerril
Person
He estado necesitando atención desde que descubrí que tenía tres quistes en el seno y no he podido obtener las imágenes necesarias para ver si son cancerosos. Tenemos que cuidarnos y utilizar remedios caseros para el dolor porque no podemos permitirnos acudir al médico por estas complicaciones de salud.
- Lilia Becerril
Person
Intenté comprar un plan con Kaiser y otros seguros, y un plan para mí y mi esposo costaría más de $1,200 al mes, y eso es demasiado alto. Nos sale más barato contratar un seguro de decesos que un seguro médico. No somos los únicos que estamos pasando por esto. Los inmigrantes indocumentados también son humanos, y no es justo que seamos excluidos de la posibilidad de comprar atención médica asequible y recibir la atención que necesitamos. No pedimos más.
- Lilia Becerril
Person
Pedimos igualdad para todos. Les pido que apoyen el AB cuatro hoy y que nos apoyen hasta que los inmigrantes indocumentados tengan las mismas oportunidades de vivir una vida con dignidad y que podamos comprar una cobertura de atención médica asequible como todos los demás. Dios los bendiga a todos y gracias por escuchar mi.
- Jose Torres Casillas
Person
Good afternoon everyone. My name is Lilia Bessaril, and I am an immigrant from Michoacan, Mexico. I have lived in California for more than 33 years. I am a wife, mother to three biological children, and one adopted son.
- Jose Torres Casillas
Person
I consider myself a leader in my community, and I'm here to tell you the reality of my life and that thousands of undocumented immigrants that reside in California and live with a fear of getting sick or needing medical attention because we don't qualify for MediCal and we can't buy affordable coverage. My husband and I have worked in this country and contributed to the economy since our arrival to California.
- Jose Torres Casillas
Person
A lot of people look at undocumented immigrants as a public charge, but the reality is that a lot of us don't get government assistance. Some of us don't want to be part of the system, and some of us don't have other options. My husband has had hernias for more than 20 years and has needed surgery he can't get because we can't have coverage and can't afford the full ticket price of the surgery.
- Jose Torres Casillas
Person
I have been needing to get care since I found out I had three cysts in my breast and I haven't been able to get the imaging necessary to see if they are cancerous. We have to take care of ourselves and use home remedies for pain because we cannot afford to go to the doctor for these health complications.
- Jose Torres Casillas
Person
I have tried to purchase a plan at Kaiser and other insurances, and a plan for me and my husband would cost over $1,200 a month, and that is just too high. It is cheaper for us to purchase funeral insurance than to purchase health insurance. We aren't the only ones that are going through this. Undocumented immigrants are human, too, and it's not fair that we are left out of being able to purchase affordable health care and get the care we need. We don't ask for more.
- Jose Torres Casillas
Person
We ask equality for all. I ask you to support AB four today and to support us until undocumented immigrants get the same opportunities to live a life with dignity and that we are able to purchase affordable health care coverage just like everyone else. God bless you all, and thank you for hearing my story.
- Jim Wood
Person
Thank you. Others in support. Chair Wood, I'm sorry, you have a statement as well?
- Jose Torres Casillas
Person
Yes, I have a statement as well. Chair Wood and Members, I want to start off by saying thank you for the leadership and the work that this Committee has done the past few years to expand MediCal to undocumented Californians. So many people now have access to healthcare coverage or are about to have access because of the work that was done here. While we have made great progress, the work still continues.
- Jose Torres Casillas
Person
MediCal has an income threshold and if an individual has income over the threshold, they are ineligible for coverage. Normally, for a documented person, they would be able to purchase coverage on Covered California. However, undocumented Californians are explicitly prohibited from doing so because of language in the Affordable Care Act. As Lilia just shared, she and her husband face a variety of health issues, but they are unable to address them due to being unable to sign up for primary and preventative care.
- Jose Torres Casillas
Person
They rely on home remedies, but this does not address their health issues and it's not a substitute for medical coverage. This story is so similar to so many other undocumented Californians. Just recently, the UC Berkeley Labor center released a report estimating that 520,000 Californians would be eligible for coverage through Covered California, but due to their immigration status, they are ineligible. That's 500,000 people who are our friends, our neighbors, our family. They are arthias, our theos, and primos who lack access to healthcare coverage.
- Jose Torres Casillas
Person
AB four takes the first step in seeking a way to get coverage for these Californians. AB four continues our state leadership to create a more inclusive health care system than what we currently have. As we have learned over the years, our health is truly interconnected with those around us. I want to reiterate Lilia's words as these exclusions are impacting the undocumented community. It is cheaper for us to purchase funeral insurance than to purchase health insurance. As such, I respectfully ask for your support here today on AB four.
- Jim Wood
Person
Thank you very much. Others in support.
- Sandra Poole
Person
Sandra Poole, Western Center on Law and Poverty in Support.
- Andrea Rivera
Person
Andrea Rivera on behalf of the California Panethnic Health Network in support.
- Chris Myers
Person
Thank you Chris Myers with the California School Employees Association in support.
- Janice O'Malley
Person
Thank you Janice O'Malley AFSCME California in support. Thank you
- Nicole Wordelman
Person
Nicole Wordelman on behalf of the Children's Partnership and support, thank you
- Kathleen Mossburg
Person
Kathy Mossberg, on behalf of one of the co-sponsors, California Immigrant Policy Center in proud support and also want to add the support of APLA Health. Thank you.
- Diana Honig
Person
Thank you Diana Honeg with the Multi Faith Action Coalition in support. Thank you.
- Craig Pulsipher
Person
Craig Pulsipher of Equality California in support.
- Andrea Bolanio
Person
Thank you Andrea Bolanio, Services Immigrant Rights Education Network in support.
- Dennis Cuevas Romero
Person
Thank you Dennis Cuevas Romero with the California Health Plus Advocates in support.
- Beth Malinowski
Person
Beth Malinowski with SEIU California in support.
- Jose Vargas
Person
Thank you Jose Vargas on behalf of United Ways of California in support.
- Molly Ropes
Person
Molly Ropes and Planned Parenthood Affiliates of California in support.
- Niel Miller
Person
Neil Miller, representing myself and my wife, who's affected by this, in support.
- Jim Wood
Person
Thank you. Anyone else? Is there any opposition to the Bill? None. We'll bring it back to the Committee. Question for questions or comments? Motion by Ms. Aguiar-Curry a second by Mr. Rodriguez. We enjoy a do pass recommendation. Would you like to close, Dr. Arambula?
- Joaquin Arambula
Legislator
Thank you and I respectfully ask for an aye vote.
- Jim Wood
Person
Thank you. The motion is do pass to appropriations and. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
Have seven. We'll leave the roll open. Actually, we'll leave the Bill on call. Excuse me. Thank you, Dr. Weber.
- Akilah Weber
Legislator
Good evening. I am here to present AB 576, which updates the medical guidelines for abortion. Medication. Medication abortion is safe and effective method of terminating a pregnancy and is preferred by many people who obtain abortions. Since the US Food and Drug Administration first approved the drug for medication or abortion in 2000, its use has grown substantially and in 2021, half of abortions in the United States were medication abortion. Currently, medical only covers medication abortion for up to 70 days gestation.
- Akilah Weber
Legislator
Yet a 2019 study demonstrated the medication abortion for pregnancies between 71 and 77 days was safe and effective as the regimen for 64 to 70 days. AB 576 would require the Department of Healthcare Services by March 12024 to review and update medical coverage policies for medication abortion to align with current evidencebased clinical guidelines. After the initial review, the Bill would require the Department to update its medical coverage policies for medication abortion as needed to align with clinical guidelines.
- Akilah Weber
Legislator
This Bill would also require the Department to allow flexibility for providers to exercise their clinical judgment when services are provided. By extending the time that a pregnant patient can receive abortion medication under Medi Cal, we are allowing families to make the family planning decision that is most appropriate for their life. This Bill is sponsored by Essential Access Health, the National Health Law program, NARal Pro Choice California and Planned Parenthood affiliates of California.
- Akilah Weber
Legislator
Here to testify with me today is Dr. Josie Urbina, OB GYN from UCSF, and Kelly Lynn, VP of regulatory affairs at Planned Parenthood affiliates of California. Thank you.
- Jim Wood
Person
Thank you.
- Josie Urbina
Person
Good afternoon, Chairwood and Members. My name is Dr. Josie Urbina. I'm a practicing OBGYN and I'm also fellowship trained in advanced abortion care and complex family planning. I work primarily at a San Francisco General Hospital which serves a mostly medical and uninsured population. I'm here today in support of Bill 576, which will require the Department of Healthcare Services to update their billing policy for medication abortion to reflect current, updated, evidence based research, clinical guidelines, and also the discretion of the prescribing physician.
- Josie Urbina
Person
Every person should be able to have the abortion experience that's right for them, no matter who they are, where they live, or how much money they have. For many patients, ending their pregnancies with medication abortion is the right option for them. Medication abortions now make up more than half of all abortions across the United States.
- Josie Urbina
Person
Some people prefer taking the pills at home, having their abortion pass in a private space and at a time that's convenient for them that won't interfere with their private lives or with work. Medication abortion through telehealth also saves people the burdens of traveling, getting time off of work, or having to find childcare. Whatever the reason, we should make sure medication abortion is a widely available option, especially as abortion access is under attack across the country.
- Josie Urbina
Person
That includes aligning our policies here in California with research and clinical guidelines to reimburse for medication abortion through 77 days or 11 weeks of pregnancy. Research has shown that medication abortion is safe and effective beyond the current 70 day limit. The World Health Organization and National Abortion Federation have protocols that reflect this evidence. This care is typically offered to people with private insurance, but our Medi-Cal patients are left with fewer options simply because of their income.
- Josie Urbina
Person
People with Low incomes shouldn't be required to come into a clinic for a procedural abortion simply because medical doesn't reimburse for a safe, available medication option at 77 days. As a Spanish speaking daughter of Mexican immigrants, I chose to give back and serve in the same type of hospital. I was born in a county hospital. It's at this safety net hospital that I take care of patients who are struggling to make ends meet. Some are undocumented, leaving Medi-Cal as their only health insurance option.
- Josie Urbina
Person
A patient like this, who can't find time off of work earlier for a Doctor's visit to confirm their pregnancy, may have to pay out of pocket for a medication abortion, even though medication abortion up to 77 days is safe and effective. As you all know, every day matters when making a decision about ending a pregnancy. Particularly in our current political environment. We must do away with barriers that perpetuate inequities in healthcare access and are out of step with evidence and best clinical practice. Thank you.
- Jim Wood
Person
Thank you.
- Kelby Lind
Person
Good evening, chair Wood and Members of the Committee. My name is Kelby Lind, with Planned Parenthood affiliates of California, representing seven Planned Parenthood affiliates who operate over 100 health centers across California and provide over 1.3 million patient visits each year. Medical should be leading in a time of national abortion crisis it's been less than one year since SCOTUS overturned nearly half a century of fundamental rights to abortion and bodily autonomy.
- Kelby Lind
Person
As anti abortion extremists continue to interfere with medical practice and to seek to overturn two decades of safe and effective access to medication abortion, including last week's decision in Texas. California should be leading the country by ensuring access to evidence based medical care, including medication abortion, regardless of a person's background or income. For more than two decades, medication abortion has been a method preferred by patients to end a pregnancy. More than 70% of Planned parenthood patients who seek an abortion ultimately receive a medication abortion.
- Kelby Lind
Person
While Medical is required to cover medication abortion, current policies limit that coverage, as noted, to 10 weeks of pregnancy or 70 days gestational age. Planned Parenthood believes medical should follow evidence based practice. Studies have demonstrated that medication abortion is safe and effective beyond the current 70 day limit. And as noted, the National Abortion Federation, World Health Organization and Planned Parenthood have all updated their guidelines to reflect this and to increase access to medication abortion for patients.
- Kelby Lind
Person
By restricting Medical beneficiaries coverage of medication abortion based on outdated guidelines, Medical prevents a patient's ability to choose a safe, effective, non invasive medication abortion and instead leaves patients and providers with an in clinic procedural abortion as their only option for care. Instead, Medical policy should incentivize the most appropriate care for the patient, which may change over time as new evidence emerges. Furthermore, Medical should ensure abortion access and protections are equitable to commercial coverage.
- Kelby Lind
Person
Current policies actively prevent Medical patients from accessing the same level of care and increased protections afforded to patients covered by commercial plans. Medical beneficiaries deserve high quality care and services based on the most up to date clinical guidelines, equal to what is available through commercial coverage. By ensuring medical policies reflect the most up to date clinical guidelines, AB 576 would give an additional 10% of Medical patients the ability to choose a medication abortion, rather than being restricted to an in clinic procedure.
- Kelby Lind
Person
AB 576 will also ensure flexibility for providers to exercise their clinical judgment when determining the best care for a patient. For these reasons, I respectfully request your support. Thank you.
- Jim Wood
Person
Thank you very much. Others in support.
- Alexis Rodriguez
Person
Alexis Rodriguez with the California Medical Association in support.
- Jim Wood
Person
Thank you.
- Erin Evans-Fudem
Person
Erin Evans on behalf of NARAL Pro Choice California a proud co sponsor of this measure, as well as the California Nurse Midwives Association and strong support.
- Jim Wood
Person
Thank you.
- Molly Robson
Person
Molly Robeson, issuing support on behalf of black women for Wellness Action project.
- Jim Wood
Person
Thank you.
- Dennis Cuevas-Romero
Person
Dennis Cuevas Romero with the California Health Plus Advocates in strong support.
- Jim Wood
Person
Thank you.
- Ryan Spencer
Person
Ryan Spencer with the American College of OBGYN's district nine in support.
- Kathleen Mossburg
Person
Thank you Kathy Mossberg with Essential Access Health, another one of the co sponsors. Thank you.
- Unidentified Speaker
Person
Beth Bonowski, the SCA California in support.
- Jim Wood
Person
Thank you. Is there opposition to the Bill?
- Sophia Lorey
Person
Committee Members, I am Sophia Lorey and I am with California Family Council. AB 576 would require taxpayers medical funding to fully reimburse providers for medication abortions up to 77 days gestation. Whereas, it currently covers up to 70 days gestation. First, let's walk through what abortion medication does. A medical abortion is done by taking two pills, Mifepristone and Misoprostol. Mifepristone chemically starves a pre-born child of progesterone, which causes the placenta to degenerate so that it can no longer provide oxygen and nutrients to the child.
- Sophia Lorey
Person
The woman then takes Misoprostol within 24 to 48 hours, causing severe cramping, contractions and often heavy bleeding to expel the dead baby out of a woman's uterus, usually on her own, sitting over a toilet. Through this Bill, Medical will be forced to pay for abortion medication up to 11 weeks of a pregnancy. So let's walk through what the first 11 weeks of a pregnancy looks like. By three weeks and one day, a baby's heartbeat can be detected.
- Sophia Lorey
Person
Between five to six weeks, the baby's lungs and digestive systems start forming and brain activity can be recorded. At nine weeks, the baby can suck their thumb, sigh, and stretch. At 10 weeks, a baby is about an inch and a quarter long, all vital organs are in place, and their teeth are starting to harden and connect to their jawbone. Every successful medical abortion ends in at least one person dead. Since 2000, 5.6 million unborn children have died from abortion medication.
- Sophia Lorey
Person
Since 2000, 28 women have died from abortion medication. And this is not misinformation. This comes directly from the US Food and Drug Administration. The FDA has also reported that since 2000, 1,048 women have been hospitalized, 604 women have experienced blood loss requiring transfusions, and 414 women have experienced infections, all due to abortion medication.
- Sophia Lorey
Person
Due to the physical harm that abortion medication causes to women, taxpayers Medical funding to fully reimburse providers for medication abortions should not exist at all, let alone be increased up to 77 days gestation I urge a no vote on AB 576. Thank you.
- Molly Sheahan
Person
Good afternoon, chair and Members. Molly Sheahan with the California Catholic Conference. I'll be brief. Essentially, there are a couple of different things that we're looking at when we're opposed to this Bill. Obviously, the Catholic Conference is opposed to expanding abortion, but I want to look at what this does when it comes to the effects that it will have on California women. So just as well as the litigation that is ongoing.
- Molly Sheahan
Person
So right now, you probably are aware, there is a federal court case that's battling its way through the courts. A federal judge has issued a stay on the Administration of Mifepristone, according to the FDA. And a different judge in Washington state has said that, Federal judge has said that that can proceed. So that's being battled in the courts and the HHS federally is working on that. So it would be premature to pass this Bill when litigation is ongoing. That's the first issue.
- Molly Sheahan
Person
The second issue that I would like to raise is the risks that expanding medication abortion would pose to women. The abortion pill regimen carries a four times greater risk of severe complications compared to surgical abortion, including hemorrhage, ER visits, infections needing blood transfusions, fallopian tube rupture due to missed ectopic pregnancy. Up to 7% of cases require surgery later to complete the abortion. And the rate of ER visits increased 500% with medication abortions since 2002. And the complication rate has increased as the FDA loosened restrictions.
- Molly Sheahan
Person
So that's the concern with this Bill, is that when you loosen the regulations, it would increase the complication rate. Originally, abortion pills could be prescribed through seven weeks of pregnancy. In 2016, the FDA loosened that to 10 weeks of pregnancy, while acknowledging on the label that the greater the gestational age, the greater the risk to woman. So by expanding this yet another week, you're potentially expanding the risk to women. At the same time, the FDA has stopped requiring reporting of non fatal adverse events.
- Molly Sheahan
Person
So those statistics are not continuing to be collected unless the woman in question has died as a result. So you're not able to collect the data that you might need to be able to address this Bill. Finally, in 2021, the FDA further eliminated the requirement for in person visits for Administration of Mifepristone. And not seeing the doctor in person can hinder screening for contraindications like gestational age, ectopic pregnancy, adrenal and blood disorders, all increasing complication risks.
- Molly Sheahan
Person
So the FDA again acknowledges the increase in risk by the increase in gestational age. So loosening these regulations could put women at additional risk and could be detrimental to women's health and safety. So, given the ongoing litigation and the potential for increased risk, we would urge a no vote.
- Jim Wood
Person
Thank you.
- Jim Wood
Person
Others in opposition, seeing no one, we will bring it back to the Committee for questions or comments. We do have a motion by Dr. Arambula, a second by Mr. Rodriguez. I want to thank you very much, Dr. Weber, for bringing this Bill forward, this very important Bill forward. Would you like to close?
- Akilah Weber
Legislator
I'd just like to thank the Committee for the Analysis and working with my staff and respectfully ask for an aye vote.
- Jim Wood
Person
Thank you, Dr. Weber. The motion is do pass to appropriations. Madam Secretary, please call the roll. Wood, aye.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
You have seven votes. We'll leave the Bill on call. Thank you, Dr. Weber. Thank you, everyone. We'll lift the call and call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That Bill now has eight votes. The Bill is out. We'll leave the roll open for others to add on. So, Mr. Rodriguez, you have a couple of bills.
- Jim Wood
Person
Whenever you're ready, sir. Sorry. That sounds great. Thank you. Wait a second. What Committee are you in? How about 616? Like, I don't even have that bill. All right. Thank you. Microphone.
- Freddie Rodriguez
Person
Okay. It's a long day.
- Jim Wood
Person
And low blood sugar. Once again, because of Mr. Gabriel. And no skittles.
- Freddie Rodriguez
Person
First of all, I'd like to thank Chair Wood and the staff, Roz and Christine, for taking time to work with my staff and the sponsors on amendments to address your concerns. Thank you. Mr. Chair and Members, thank you for allowing me to present AB 616, which would remove the exemption for public disclosure financial data reports for the large medical groups and medical groups that take on delegated risk from health plans.
- Freddie Rodriguez
Person
According to the Centers for Medicare and Medicaid Services, more than 25 percent of the money spent on health care services in California is included in the category of physician and clinical services, totaling more than 100 billion in 2020. However, there's very little information to show how much of the money in that category attributable to medical groups is going to health care services and how much is used for nonclinical purposes.
- Freddie Rodriguez
Person
To advance the state's efforts to limit health care cost growth, this bill will allow policymakers, advocates, and academics to access this information in order to better understand the factors driving rising cost and identify potential cost savings for consumers and purchasers.
- Freddie Rodriguez
Person
For 20 years, the medical groups that take on delegated risk from health plans have reported financial data to the Department of Managed Health Care. Currently, there are roughly 200 of these RBOs reporting financial data to DMHC, including many of the largest medical groups in California. The Department of Health Care Access and Informational Office of Health Care Affordability will soon collect similar financial data on all medical groups that have more than 25 physicians and that do not already report to DMHC.
- Freddie Rodriguez
Person
Similar financial information is also reported by providers and health plans across the health care system, but there is one major difference. Financial data collected by the state for hospitals, health plans, clinics, and skilled nursing facilities is publicly available today.
- Freddie Rodriguez
Person
AB 616 were to create greater accountability in the health care delivery system and close the gap in publicly-accessible financial data by making public the financial data already reported to DMHC and making public the financial data soon to be collected by HCAI for other large medical groups.
- Freddie Rodriguez
Person
With me to provide testimony is Beth Malinowski, who is a government affairs advocate with SEIU California, Katie Van Deynze, who is also the legislative advocate with Health Access California, and Joan Allen with SEIU UHW, who is also available for technical questions. Thank you.
- Beth Malinowski
Person
Thank you. Mr. Chair and Members, Beth Malnowski, here today on behalf of SEIU California and it's 700,000 members. SEIU California is a proud sponsor of AB 616. We're grateful for Senator Rodriguez, for his leadership, and as the Assembly Member noted, we too are deeply appreciative of the meaningful engagement we have had with Committee staff. On that note, I'd like to offer brief remarks on SEIU's perspective.
- Beth Malinowski
Person
We might not say this enough, but every worker, regardless of what they do, is a health care consumer, and health care costs are rising out of control. The cost of health care has been rising above inflation for years, taking larger and larger chunks out of workers' wages and destabilizing family budgets. Every dollar workers put into a copay is one less dollar that they can reinvest into their communities. For our SEIU members at the bargaining table, health care coverage and costs are the number one issue.
- Beth Malinowski
Person
Employers faced with these rising costs either seek to reduce health benefits or push more of those costs onto the workforce, leaving less of their paycheck for rent or putting food on the table. It's a losing Proposition for California's workforce. SEIU has for years advanced efforts to rein in health care spending in coalition with consumers, laborers, and purchasers. The job of addressing the underlying costs in our health care system is far from over.
- Beth Malinowski
Person
To tackle this issue, we must create a more transparent and accountable health care system with public access to more data. AB 616 does just that. As Assembly Member Rodriguez noted, this bill closes a significant remaining gap in financial data that is publicly available, creating parity across the health care delivery system so that medical group data is treated in the same way as hospital or health plan data.
- Beth Malinowski
Person
The results would be that medical groups would be subject to similar public transparency that currently exists for financial data reported by hospitals, skilled nursing facilities, clinics, and health plans. As health care increasingly moves to outpatient settings operated by physician organizations and as ongoing provider consolidation increases the market power of large physician organizations, it's appropriate to bring the same level of public scrutiny to physician organizations that already exist for other types of providers and health plans.
- Beth Malinowski
Person
That's why SEIU is proud this year to sponsor AP 616 with Assembly Member Rodriguez. Thank you in advance for your aye vote, and I'll hand it over to my colleague, Katie Van Deynze, to offer consumer voice.
- Katelin Van Deynze
Person
Good evening, Mr. Chair and Members. I'm Katie Van Deynze with Health Access California, the statewide health care consumer advocacy coalition, and we are here in strong support of AB 616. AB 616 is a critical pro-consumer measure to help us better understand the drivers of health care costs. Health access has been advocating for increased medical financial transparency since the 90s. This transparency is more important now--more important now more than ever with increased consolidation driving higher health care costs.
- Katelin Van Deynze
Person
The Legislature and the Administration took an historic step last year establishing the Office of Health Care Affordability, which will develop cost growth targets for the entire health care industry. The office requires additional categories for physician organizations to report financial data, inform setting the cost growth targets, but this data is exempt from public disclosure.
- Katelin Van Deynze
Person
Based on recent rate review filings, we've seen that at least 20 percent of health plan premiums for some health plans go to physician services. But we don't have the most basic information about medical groups. How financially solvent are these groups?
- Katelin Van Deynze
Person
Do they have dollars in reserves? Are these reserves ample? Or do these medical groups rely on affiliated health systems like Kaiser, Sutter, and Sharp for reserves? What we do know is that during the first few weeks and months of the pandemic, some large medical groups could not make payroll after the first two weeks and called on others, including the Legislature and health plans for help.
- Katelin Van Deynze
Person
This suggests that these groups lack even the basic financial reserves. We also know that nearly half of physicians are now part of the ten largest health systems in California. As providers continue to consolidate and increase their market power, these are all reasons that physician groups should have the same public oversight that health plans and hospitals do under existing law.
- Katelin Van Deynze
Person
Rising health care costs are driving more than half of Californians to skip the care that they need, and nearly a third into medical debt. AB 616 will ensure that we can engage in the Office of Health Care Affordability work with the transparency needed to understand and address rising health care costs. I respectfully ask for your aye vote on AB 616. Thank you.
- Jim Wood
Person
Thank you. Others in support?
- Andrea Rivera
Person
Good afternoon. Andrea Rivera, on behalf of the California Pan-Ethnic Health Network, in support.
- Jim Wood
Person
Thank you.
- Shayla Silva
Person
Hi. Shayla Silva, on behalf of the California State Retirees, in support.
- Jim Wood
Person
Thank you.
- Chris Myers
Person
Chris Myers with the California School Employees Association, in strong support.
- Jim Wood
Person
Thank you.
- Sandra Poole
Person
Sandra Poole with Western Center on Law and Poverty, in support.
- Jim Wood
Person
Thank you. Is there opposition to the bill?
- Teresa Stark
Person
Thank you, Mr. Chairman and Members. Teresa Stark with Kaiser Permanente, unfortunately here in opposition today. We have both process and policy concerns with the measure before you today. From a process perspective, as you heard, the language that this bill is amending was actually part of the Office of Health Care Affordability statute that was passed and signed by the Governor just last year. So the statute is, I think, barely six months old.
- Teresa Stark
Person
And we were very pleased, actually, to work with you, Mr. Chairman, and Senator Pan and the Governor's Office and your terrific staff on the Office of Health Care Affordability for three years. It was a long process, it was a grueling process, many, many hours of meetings and negotiations in that stakeholder process, but we very much appreciated it, and we appreciate your process always, Dr. Wood, on coming to an agreement, because we did.
- Teresa Stark
Person
We appreciated a number of amendments that were taken to that statute because we supported the underlying goals of getting to health care affordability and really beginning to understand those underlying health care costs. And there were a number of amendments taken to the OHCA statute for Kaiser Permanente, which we did appreciate. The language that this bill is amending was one of them. And so I do have to say we're a little bit taken aback that we are here today with this bill.
- Teresa Stark
Person
We love and appreciate Assembly Member Rodriguez, but it's quite unfortunate that we're here today, and we think it sends kind of an unfortunate message around whether it is worthwhile to negotiate and compromise on a bill. We were not totally thrilled with the end product. It was not a perfect bill, but it was good policy. And I thank you, Dr. Wood, and Senator Pan, and everyone who worked on it. We came to a good place. We came to a balanced product that balanced a lot of issues.
- Teresa Stark
Person
So from a process perspective, where it's unfortunate that this bill is here today and reverses a very important amendment that we got. So from a policy perspective, let me tell you why that amendment was so important. The confidentiality language that this bill changes is important for those financial statements because the financial statements of these medical groups, and in particular the Permanente medical groups, contain sensitive and proprietary information. And if you open it up for public inspection, I think it will create a lot of unintended consequences.
- Teresa Stark
Person
We agreed to language that says the financial statements have to be submitted to the office and used only for the purpose of the office and held confidential by the board and the staff of the office, and not to be made available with a Public Records Act request. This bill creates a huge exception to that and really is a perfect example of the exception swallowing the rule. We think this could have anti-competitive consequences.
- Teresa Stark
Person
We think it could drive up health care costs, actually increase consolidation, and just be misinterpreted and misused. So we want to move forward. We want to make the Office of Health Care Affordability work. We are pleased to continue to work on that. We want to move forward. We unfortunately think this goes backwards and would ask that the bill not move forward today. Thank you.
- Jim Wood
Person
Thank you.
- Brandon Marchy
Person
Thank you, Mr. Chair and Members of the Committee. Brandon Marchy with the California Medical Association, here respectfully in opposition to the bill, but with tremendous respect for the author Assembly Member Rodriguez. I want to start by echoing the concerns made by my colleague about the bill unraveling the agreement that the stakeholders came to on, quite frankly, system-altering legislation. Again, great policy.
- Brandon Marchy
Person
We worked extremely hard in order to get to a place where all stakeholders were on board, this provision in that legislation being one of the central tenets to that. However, on a policy level, the bill really does a couple of things.
- Brandon Marchy
Person
It disincentivizes medical groups and delegated entities from becoming delegated entities and moving towards those value-based arrangements that the state has quite frankly invested a lot of resources in and has reemphasized that goal of getting patients into those arrangements and delivering on that whole person care. So we really see this as sort of opening up the financial audits or the audited financials of these groups that really don't have any type of bearing on how care is delivered.
- Brandon Marchy
Person
It is an operating budget of a medical group, so really doesn't provide how the care delivery cost. Furthermore, the transparency that is quote unquote 'provided in this bill' is largely duplicative. And there are also several other mechanisms in place in current law that allow patients to rest assured that medical groups are financially solvent. The Financial Solvency Board literally takes these entities and evaluates whether or not they are solvent and whether or not they will go insolvent should something happen, Covid being an extreme case in which these medical groups were forced to close their doors, not provide services outside of hospitals or large systems.
- Brandon Marchy
Person
So that is an extreme case in which, yes, a lot wanted to remain employers and provide employees with their living wages during a pandemic. So yes, we saw them without an income start to unravel a little bit. But that does not mean that this type of transparency is helpful. Rate review for health plans measures reasonableness of rates, right?
- Brandon Marchy
Person
The Health Payments Database is the actual cost of care delivery. That is how much a physician is billing health plans and how much they get paid from those health plans. So for these reasons, we respectfully request your no vote on this and I appreciate your time.
- Jim Wood
Person
Thank you. Others in opposition?
- David Gonzalez
Person
Thank you, Mr. Chair and Members. David Gonzalez, on behalf of America's Physician Groups, also respectfully opposed.
- Jim Wood
Person
Thank you.
- Mira Morton
Person
Mira Morton, on behalf of the California Orthopedic Association, also opposed.
- Dennis Cuevas-Romero
Person
Dennis Cuevas-Romero with the California Health Plus Advocates. We have an opposed unless amended position. Look forward to working with the author and sponsors. Thank you.
- Jim Wood
Person
Thank you. Anyone else? Bring it back to the Committee for questions or comments. Any questions or comments? Dr. Weber.
- Akilah Weber
Legislator
I will keep this brief because it is very late. I guess when I was reading through this, I was a little confused as to why we were doing this since we've just established the Office of Health Care Affordability, and now listening to the fact that there were negotiations that were done, I could understand it if the Office of Health Care Affordability was not doing its job or we weren't seeing the outcomes that we needed or if people were not adhering to the requirements or the request of the office.
- Akilah Weber
Legislator
But I don't even think they've really gotten started. So I guess for me, I'm just a little confused as to why we are doing this at this point. Definitely welcome to continuing the conversation with all parties, but I think because of my confusion, I'm just going to kind of lay off today.
- Jim Wood
Person
Anyone else?
- Joan Allen
Person
Joan Allen with SEIU UHW. If I can speak to that briefly, the Office of Health Care Affordability is only one piece of the data that we're discussing. The other piece is the Department of Managed Health Care. So about rough numbers, nine to ten million Californians are covered by medical groups that report their data to the Department of Managed Health Care.
- Joan Allen
Person
And that was not at all part of the conversation about the Office of Affordability last year. The Office of Affordability was collecting data from the rest of the medical groups. And so last year, even if this had gone the other direction and we had made this data public as part of the Office of Health Care Affordability, we would still need this bill in order to level the playing field and address all medical groups the same.
- Joan Allen
Person
So that was not the full conversation last year. So those risk-bearing organizations, their report to Department of Managed Health Care, no matter what we did in OCHA, still wouldn't have been public.
- Akilah Weber
Legislator
And I appreciate that. And I look forward to further conversations because I did not get a chance to have conversations with actually anyone from either side on this particular bill. So I know it's a complicated issue and I look forward to learning more and seeing where it goes, if it gets out and gets to the floor. But because I still have some confusions and didn't get a chance to have these in-depth discussions in advance today, I will be laying off. Thank you.
- Jim Wood
Person
Anyone else? Thank you, Dr--Assembly Member Rodriguez. Maybe doctor tonight, you know, at this point. Anyway, thank you for authoring this bill. I will be supporting your bill today. When we negotiated the creation of the Office of Health Care Affordability, I supported making publicly available the audited financials or financial statements of physician groups.
- Jim Wood
Person
Since this information is already available for health plans and hospitals, I viewed this as leveling the playing field. More importantly, although some would argue that these financials have no benefit or could raise health care costs, I disagree. Our health care system is shrouded in pricing obscurity or secrecy, and this has led to, I believe, to a less competitive and more expensive health care system.
- Jim Wood
Person
So, transparency in cost and prices is a method to evaluate health outcomes and quality because this information shows us whether health care resources are being spent on the most effective services. So I am supporting the bill today. With that, would you like to close, Assembly Member Rodriguez?
- Freddie Rodriguez
Person
Thank you. I respectfully ask for an aye vote. Thank you.
- Jim Wood
Person
We have the bill before us. We don't have a motion yet. A motion by Mr. McCarty. A second by Mr. Santiago, I believe? Yeah. Thank you. Motion is 'do pass to Appropriations.' Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call].
- Jim Wood
Person
Your bill is out. You have nine votes. We'll leave the roll open for others to add on. Now you can do 1392.
- Kevin McCarty
Person
Mr. Chair, I move the bill.
- Jim Wood
Person
Okay, you have a motion by Mr. McCarty; a second by Ms. Boerner Horvath. Sir?Whenever you're ready.
- Freddie Rodriguez
Person
Once again, thank you, Chair and Members. Thank you.
- Freddie Rodriguez
Person
Chair and Members, thank you for allowing me to present AB 1992, which would strengthen the hospital supplier diversity reporting program. This bill would require the program to submit a plan to Department of Healthcare Access and Information, or HCAI, to increase procurement for minority, women, LGBT and disabled veteran owned business enterprises.
- Freddie Rodriguez
Person
Increasing procurement diversity is not just a social mission, but also a business strategy that widens the supplier pool to mirror the patient population they serve. In 2019, AB 962 was approved by the Legislature to require hospitals to submit an annual report, or HCAIs, on their prior supplier diversity efforts. In the most recent report, diverse procurement spending only accounted for 2% of the total supplier spending. Our disadvantaged communities deserve more dollars.
- Freddie Rodriguez
Person
California already has two successful supplier diversity programs from the California Public Utilities Commission and the Insurance Commissioner.
- Freddie Rodriguez
Person
These programs have led to successes. For example, insurance companies have increased their diverse procurement dollars from 930 million to 3.1 billion from 2012 to 2021. Large utilities report that 31% of their total procurement came from diverse suppliers, surpassing the agency's goal of 21%.
- Freddie Rodriguez
Person
AB 1932 would have strengthened the hospital supplier diversity reporting program by pulling strategies from an aligning statutory language to these two existing programs. With me to provide testimony is Julian Cañete, President and CEO of the California Hispanic Chamber of Commerce, and Darrel Sauceda, Chairman of the Los Angeles Latino Chamber of Commerce.
- Darrel Sauceda
Person
Mr. Chair, Members, thank you very much. It's been a long day. I know. I've been sitting out there, right? Oh, my God. So anyways, my name is Darrel Sauceda. I represent the Los Angeles Latino Chamber of Commerce, and our membership is over 800 strong with small businesses, with a subscription of 15,000 businesses that are part of our chamber. I'm an operating officer. I own my own business. I'm a general contractor by trade. And we've been tracking AB 962 since July of 2020.
- Darrel Sauceda
Person
And we've had numerous meetings with a lot of the members of the California Hospital Association. And we understand, and the last meeting we had with their group that they were thinking of having stakeholder meetings and getting statistics that was going to put them into another three years. And now I understand that they want till 2027. And again, being a small business minded person, we tend to think things are much easier than they are.
- Darrel Sauceda
Person
But I'm here to ask the Committee Members to understand that 2027 is a long time away. And I know that this can happen sooner. I just received an email from one of the partners of the California Hispanic, the California Hospital Association, wanting to meet with us to see how we can get our procurement program going, and they want to see how they can put us to work June of this year. Again, you know, I have a bunch of statistics here that I'm sure that you all have seen before, but that's it in a nutshell.
- Julian Canete
Person
Well, good evening, Mr. Chairman and Committee Members, and thank you for the opportunity. And I want to thank Assembly Member Rodriguez and our Los Angeles Latino Chamber of Commerce for their hard work on this bill. You know, this body is no stranger to developing diverse procurement programs, starting, of course, with Assemblymember Gwen Moore and what became GO 156 to what we've done in the insurance industry.
- Julian Canete
Person
And now with AB 2019 last session in the 25% procurement opportunities goals for state agencies here in California. So I think this body knows the importance that this is not about just giving out contracts, right? This is about economic development. This is creating an economic ecosystem where we are supporting our businesses in California who are also, in this example, paying health premiums.
- Julian Canete
Person
As you know, that 60% of hospital revenues here in California come from ethnic minority communities. But yet less than 4% of those dollars or procurement opportunities that these hospitals have are being returned back to those communities. Historic procurement policies have never taken in consideration of the importance of diverse business and to their business plans and to their bottom line, which it has been proven that doing business with small business and diverse businesses actually saves money.
- Julian Canete
Person
A lot of these hospitals do what they call GPOs, purchasing groups, and even there they'll say, oh, well, we use a GPO, but they can also work with those GPOs to say, hey, we understand that a lot of small businesses, diverse businesses, will be second tier. And then it's put in place there. Some of our studies and our research, we've done a number of hospitals, and it's really sad when you see that these hospitals who have these over $50 million in revenue, but yet they're only doing barely one and a half percent of their purchasing with diverse businesses.
- Julian Canete
Person
We think this puts some teeth into what was Assemblymember Burke's AB 962, moves it forward and encourages these hospitals to practice a good business. This and the utilization of California's small, diverse businesses in their purchasing. So we urge you to vote aye on this. Thank you.
- Jim Wood
Person
Thank you. Are there others in support?
- Manny Diaz
Person
Mr. Chairman, Manny Diaz representing the California Hispanic Chambers of Commerce, very much in support and our support letter is in the mail. Thank you.
- Kiki Lizárraga
Person
Good evening. Kiki Lizárraga with The East Los Angeles Community Union, TELACU, in strong support.
- Jim Wood
Person
Thank you. Is there opposition to the Bill?
- Vanessa Gonzalez
Person
Hello, good evening, Chair Wood and Committee Members. Vanessa Gonzalez with the California Hospital Association with an Opposed Unless Amended position on AB 1392. CHA is not opposed to the intent or to the new plan requirements proposed in the legislation. However, in light of efforts currently underway to increase diversity procurement from prior legislation, we are requesting a delay in implementation.
- Vanessa Gonzalez
Person
In 2019, AB 962 was signed into law and created the Hospital Supplier Diversity Program, which requires hospitals to annually collect and submit a report on its diversity procurement efforts. Additionally, it requires HKI to convene the hospital Supplier Diversity Commission, whose purpose is to provide recommendations to HKI and the hospital industry on the best methods to increase procurement with diverse suppliers.
- Vanessa Gonzalez
Person
Due to delayed implementation of AB 962 because of the COVID pandemic, the Hospital Supplier Diversity Commission didn't meet until March 2021 and standardized reporting for hospitals also didn't begin until 2021. In order to allow the work that is currently underway from AB 962, CHA is requesting that the requirement that hospitals developed detailed and verifiable plans increasing diversity procurement be delayed until 2027.
- Vanessa Gonzalez
Person
This would give HKI five years of data from hospitals reporting and give the hospital Supplier Diversity Commission time to evaluate and develop recommendations for the state's consideration. Additionally, we're requesting that the plan submission requirements be changed from annually to every three years, similar to community benefits assessments. Hospitals are committed to supplier diversity and will continue their individual efforts as required under AB 962. In addition to recommendations from HKI and the Commission, we look forward to continued conversations with the author and sponsors on this important issue.
- Vanessa Gonzalez
Person
And here with me today is Karen Ochoa from Communities Lifting Communities who will further discuss efforts going on in LA County to implement AB 962.
- Karen Ochoa
Person
Good evening. My name is Karen Ochoa and I am the Director of Health Equity Programs and Operations for Communities Lifting Communities. We work in partnership with local communities to facilitate the transformation of healthcare systems to reduce inequities and improve community health. As a 501 nonprofit affiliate of the Hospital Association of Southern California, we have partnered to support the development of a regional supplier diversity strategy to advance equity and increase economic opportunity for diverse owned businesses in Los Angeles County.
- Karen Ochoa
Person
When AB 962 passed in 2019, our hospitals and health systems were under the COVID pandemic and therefore HKI delayed the implementation to July 1, 2021 for the hospitals to report their diverse spending. The aftermath of the pandemic left some of our hospitals and health systems analyzing their data for the first time to meet reporting requirements of which we provided support in analyzing their spending.
- Karen Ochoa
Person
We continue to support our member hospitals and aim to build relationships between our hospitals, health systems in identifying the gaps to reduce the barriers diverse owned businesses face in accessing hospital procurement contracts by being intentional in connecting hospital health systems to diverse owned businesses. Hosting education sessions on enhancing their inclusive procurement process. Providing pilot project opportunities for hospitals to increase their vendor pools through participation in a regional database. We continue conversing with the bill sponsor and bridging relationships.
- Karen Ochoa
Person
Thank you so very much for your attention and consideration.
- Jim Wood
Person
Thank you. Others in opposition?
- Connie Delgado
Person
Good evening, Mr. Chair and Members. Connie Delgado on behalf of the District Hospital Leadership Forum, we have an Opposed Unless Amended position. Would like to align our comments with CHA.
- Jim Wood
Person
Thank you. Bring it back to the Committee for questions or comments. We have a motion by Mr. McCarty, a second by Ms. Boerner Horvath. Would you like to close, Mr. Rodriguez?
- Freddie Rodriguez
Person
Respectfully ask for aye vote. Thank you.
- Jim Wood
Person
We have a motion. Like I said, the motion is due pass to Appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll call]
- Jim Wood
Person
Your bill has eight votes. It's out. We'll leave the roll open for others to add on. We're getting there. We got two more left. Ms. Boerner Horvath, you are up next.
- Tasha Boerner
Legislator
I'll keep this short and sweet, Mr. Chair and Members.
- Jim Wood
Person
Sweet. Did you bring skittles? Oh, I'm sorry. Okay, you'll just keep it short then.
- Tasha Boerner
Legislator
AB 719 will require Medi-Cal Managed Care Plans MCPs to reimburse public transit operators for Non-Medical Transportation NMTs and Non-Emergency Medical Transportation NEMT services. Public transit operators are federally mandated under the Americans with Disabilities act to provide NMT and NEMT paratransit transportation to Medi-Cal enrollees seeking to access medically necessary Medi-Cal covered services. These include travel to doctors appointments, physical therapy, or other medically necessary services.
- Tasha Boerner
Legislator
AB 2394 Assemblymember Cristina Garcia 2016 had the unintended consequence of providing a financial incentive to the MCPs to push their clients onto public transit and keep the transportation portion of the Medi-Cal funding. As a result, MCPs began receiving state and federal funding to provide medical transportation services, but were not obligated to reimburse public transit agencies for the transportation that they provide.
- Tasha Boerner
Legislator
AB 719 would ensure that the public transit transit agencies are reimbursed for eligible Medi-Cal trips, remedying the unintended consequences from AB 2394. I respectfully ask for an aye vote and today I have here with me Alchemy Graham, Legislative Advocate with the California Transit Association, the sponsors of the bill.
- Alchemy Graham
Person
Good evening, Mr. Chair and Members. Alchemy Graham, Legislative and Regulatory Advocate with the California Transit Association. On behalf of our more than 220 member organizations, I'm here today to voice our support for and proud co-sponsorship of AB 719 by Assemblymember Boerner Horvath. AB 719 would require Medi-Cal Managed Care Plans MCPs to reimburse public transit operators for Non-Medical and Non-Emergency Medical Transportation services, NMT and NEMT, respectively.
- Alchemy Graham
Person
Public transit operators provide ADA-mandated NMT and NEMT paratransit services to MCP customers to access medically necessary Medi-Cal covered services, such as travel to appointments. Before AB 2394 passed in 2016, Medi-Cal directly reimbursed transportation providers when they offered these services to Medi-Cal customers. However, when AB 2394 was signed into law, it had the unintended effect of cutting transportation providers out of the reimbursement loop by providing state and federal funding directly to MCPs for those transportation services
- Alchemy Graham
Person
This disincentivizes MCPs from contracting with public service agencies as they're not required to reimburse them for the services that they provide and public transit agencies are not legally allowed to turn away customers. As a result, public transit agencies have seen reductions of hundreds of thousands to several millions of dollars in reimbursement funding while MCPs continue to receive transportation funding and pocket them. Further, MCPs contend that transportation costs only need to be reimbursed if the Medi-Cal customer requests prior approval from the MCP.
- Alchemy Graham
Person
This places an undue burden on Medi-Cal customers who are already utilizing paratransit services because requesting transportation in advance requires extra steps and pre-planning time that may not be viable for the customer. Additionally, on top of reported quality and safety issues, customers have also shared difficulties with scheduling MCP provided transportation. AB 719 will ensure that public transit agencies are reimbursed for eligible Medi-Cal trips, remedying the unintended consequences from AB 2394 and providing customers with reliable and accessible transportation services. Thank you.
- Jim Wood
Person
Thank you. Others in support of the bill. Is there opposition to the bill. Bring it back to the Committee for questions or comments. Any questions or comments from the Committee? A motion by Mr. McCarty, a second by Mr. Rodriguez. The bill enjoys a due pass recommendation. Would you like to close?
- Tasha Boerner
Legislator
Respectfully ask for your aye vote.
- Jim Wood
Person
Thank you very much. The motion is due pass to Appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll call]
- Jim Wood
Person
Great. Mr. Santiago has our final Bill. As we move into our final bill, would ask that Committee Members come to vote. We'd really like the opportunity to go through the bills one time. So those of you who haven't made your way to the 1100 today, please come on down if you're around. That vote was 10-0. And we'll leave that. We'll leave the roll open for others to add on. Mr. Santiago, please. The final bill of the day. Where's your skittles?
- Jim Wood
Person
Push a button, please, sir.
- Miguel Santiago
Person
Thank you, Mr. Chair and Committee Members who have been here throughout today.
- Miguel Santiago
Person
Thank you Chair and Committee Members who have been here throughout the day. So I appreciate it. I will be brief and allow my witnesses to do the speaking for us, if that would be okay with the Chair. And today we're presenting AB 1487, that would establish the transgender, sorry, the TGI Reentry Fund, to be brief, I will hand it to my co-presenters and my witnesses. Thank you, Mr. Chair.
- Jim Wood
Person
Please push the button. There you go. Thank you.
- Zy'Aire Nassirah
Person
My heart beating fast. I need some of them skittles. Okay. Good afternoon. Good evening. My name is Zy'aire Nassirah. I'm a Reentry Case Manager at Transgender Gender-variant Intersex Justice Project, TGIJP for short. In 1990, I was sent to prison and granted parole in 2019. Unfortunately, I was released to a program in San Diego that did not want transgender people in their community or their transitional housing, and it was outwardly transphobic.
- Zy'Aire Nassirah
Person
My parole officer caught up to the prison before I was paroled and stated that he did not want transgender in his county. The lack of support and resources led to my re-incarceration. The next time I was granted parole. I was fortunate to be connected with TGIJP, which provided me with resources and everything I needed to successfully complete a reentry program. I was granted early release from parole this January.
- Zy'Aire Nassirah
Person
I am now actively involved in advocating for the needs for transgender and gender expansive individuals who are coming out of prison in need of reentry. Program and resources from the state are necessary in order to meet the needs for all TGI persons coming out of prison. I'm speaking in hopes of receiving your support in the endeavors to ensure adequate reentry services to all TGI people. We have the right to be safe, successful after prison, and such a goal can be achieved with investment from this state.
- Zy'Aire Nassirah
Person
I'm asking that you please support.
- Jim Wood
Person
Thank you.
- Bamby Salcedo
Person
Greetings, Committee. Thank you so much for the opportunity to be here with all of you today. My name is Bamby Salcedo, and I do have the privilege to be the President and the CEO of the TransLatina Coalition. I'm also here on behalf of the California Transgender Gender Non-conforming and Intersex Policy Alliance, or the CTPA, to be short, and I am a trans woman who is 53 years old.
- Bamby Salcedo
Person
When I was 18 years old, I started being incarcerated for petty thefts as a way, just for things that I needed to do in order to survive. That recidivism process that happened from when I was 18 to until I was 32 years old. It was crazy that I had to experience horrible things while I was incarcerated.
- Bamby Salcedo
Person
But if there was services that would have supported me when I was young, instead of going to prison and being violated by people who are incarcerated and by guards in many different ways, if I had had the opportunity to receive the services that I needed in order for me to not just survive, but also thrive, I wouldn't spend more than 15 years of my life coming in and out of jail and prisons.
- Bamby Salcedo
Person
And so, for this reason, I am asking for you to please support Assembly Bill 1487, which will support other transgender, nonconforming, and intersex individuals who deserve to have dignified lives, who deserve to have better qualities of life in our state, rather than being continued to be criminalized and incarcerated simply because of who we are.
- Bamby Salcedo
Person
And I ask that please vote in favor of this bill, which will support not just the livelihood of other transgender, nonconforming, intersex people, but will eliminate that our community continue to be incarcerated and really receive the critical and much needed services that our community needs in order to be able to live fruitful lives. So I ask you to please support Assembly Bill 1487. Thank you.
- Jim Wood
Person
Thank you very much. Others in support?
- Craig Pulsipher
Person
Craig Pulsipher of Quality California. Strong support.
- Jim Wood
Person
Thank you.
- Alex Binsfeld
Person
Alex Binsfeld, for Beyond Binary Legal, in strong support.
- Jim Wood
Person
Thank you. Is there any opposition to the Bill? No one. We will bring it back to the Committee. Any questions or comments from the Committee? No questions or comments. We do have a motion by Ms. Boerner Horvath. I'm sorry. Have you accepted the amendments?
- Miguel Santiago
Person
Yeah. I was going to state that. I forgot to say from the onset that I would.
- Jim Wood
Person
Thank you. Thank you. So, we have a motion from Ms. Boerner Horvath, second by Mr. Villapudua, I believe. And this is due pass as amended to Appropriations. Would you like to close, sir?
- Miguel Santiago
Person
Respectfully ask for an aye vote.
- Jim Wood
Person
Thank you very much. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll call]
- Jim Wood
Person
That vote is 11-0. Your bill is out. We'll leave the roll open for others to add on. Thank you. Okay, folks, we're going to start at the top of the order. Item number 1, AB 24. Motion by Ms. Aguiar-Curry. A second by Ms. Boerner Horvath. Motion is do pass as amended to Judiciary. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That bill has 14 votes. It's out. Item number 2, AB 459. In search of a motion. Motion by Ms. Aguiar-Curry. A second by Mr. Rodriguez. Motion is do pass as amended to Appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That's 14-0. Item number 3, AB 1001 by Mr. Haney. Motion by Ms. Aguiar-Curry. A second by Ms. Boerner Horvath. Motion is do pass as amended to Appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call] 10 to 2.
- Jim Wood
Person
That vote is 10 to 2. Item number 4, AB 352 by Ms. Bauer-Kahan. Looking for a motion. Motion by Ms. Boerner Horvath. Second by Mr. McCarty. The motion is do pass to Privacy and Consumer Protection. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That vote is 10 to 3. That bill is out. Item number 5 was withdrawn from the hearing. Item number 6, AB 418 by Mr. Gabriel. Please open the roll, call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That vote is 12 to 1. Item number 7 is part of the Consent Calendar. So Consent Calendar includes item number 7, AB 424 by Mr. Bryan, item number 16, AB 827 by Mr. Garcia, item number 23, AB 1276 by Ms. McKinnor, item number 26, AB 564 by Mr. Villapudua, and item number 32, AB 171 by Dr. Weber. Looking for a motion. Moved by Ms. Aguiar-Curry. Second by Mr. Villapudua. Madam Secretary, please call the roll on the Consent Calendar.
- Committee Secretary
Person
[Roll Call] 14-0.
- Jim Wood
Person
That's 14 to 0. Item number 9, AB 501 by Juan Carrillo. Looking for a motion. Oh, man. Of course. I don't even know where to start. We'll give that to Mr. McCarty. Second by Mr. Fong. Motion is do pass as amended to Appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call] 14-0.
- Jim Wood
Person
That's 14-0. Item number 10, AB 583 by Assembly Member Wicks, looking for a motion. Was that on call? I'm sorry. That's on call. I'm sorry. So, item number 10, AB 583, please lift the call, call the absent Members.
- Committee Secretary
Person
[Roll Call] 11 to 3.
- Jim Wood
Person
That is 11 to 3. Item number 11, AB 586, please lift the call, call the... Oh, I'm sorry. Do we need a motion on that one? I'm sorry, we'll need a motion on that one. Was that Mr. Santiago? Thank you, Mr. Santiago. Motion by Mr. Santiago. A second by Ms. Boerner Horvath. Item number AB 586, do pass to Appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That vote is 11 to 1. Item number 12, AB 608, by Assembly Member Schiavo. Please open the roll, call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That's 15-0. Yeah. Okay. Item number 14, AB 767, please lift the call, call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That's 15-0. Item number 17. Are we looking for a motion? Yes, in search of a motion. AB 904, Mr. McCarty. Second by Ms. Carrillo. Sorry, it's a long day. Item number 17, AB 904, motion is do passed to Appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That's 11-0. Item number 18 AB 931 by Ms. Irwin. Please lift the call, call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
Item number 18, AB 931, by Ms. Irwin.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That's 12-0. Item number 20, AB 1437 by Ms. Irwin. Please lift the call, call the absent Members.
- Committee Secretary
Person
[Roll Call] 15-0.
- Jim Wood
Person
That's 15-0. Item number 21, AB 935 by Mr. Connolly. Please lift the call, call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That is 10 to 4. Okay. Item number 22, AB 1168, looking for a motion. Motion by Mr. Flora, second by Mr. Rodriguez. I guess maybe. Okay. Motion is do pass as amended to Emergency Management. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That vote is 12 to 1. Bill is out. Item number 25, AB 4 by Dr. Arambula. Please lift the call, call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That's 13-0. Item number 27, AB 576 by Dr. Weber. Please lift the call and call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
I'm sorry?
- Committee Secretary
Person
10 to 4.
- Jim Wood
Person
That's 10 to 4. Item number 28, AB 616 by Mr. Rodriguez. Please open the roll, call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
Item number 28, 616.
- Committee Secretary
Person
[Roll Call] 10 to 4.
- Jim Wood
Person
That's 10-4. Item number 29, AB 1392 by Mr. Rodriguez. Please open the roll, call the absent Members. Sorry.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That's 10 to 1. Item number 30, AB 719, Ms. Boerner Horvath. Please open the roll call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That's 11 to 0. And finally, item number 31, AB 1487. Please open the roll, call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That's 12-0. Which... item number 17, AB 94 by Ms. Calderon. So Mr. Dr. Arambula voting aye on AB 904, Ms. Calderon.
- Committee Secretary
Person
Arambula, not voting to aye. 12-0.
- Heath Flora
Legislator
Mr. Chair, I'd like to make a vote change as well. I'm sorry.
- Jim Wood
Person
I'm sorry. It's too late.
- Heath Flora
Legislator
I would accept that.
- Jim Wood
Person
No, I'm just kidding. Of course, Mr. Flora. Which...
- Heath Flora
Legislator
AB 418, Gabriel.
- Committee Secretary
Person
Item 6.
- Heath Flora
Legislator
Yeah. Not voting. Aye to not voting.
- Jim Wood
Person
Not voting. Okay.
- Vince Fong
Person
Mr. Chair, can I do a vote change as well?
- Jim Wood
Person
Sure.
- Committee Secretary
Person
Flora, aye to not voting. So it's 11 to 1.
- Jim Wood
Person
That's 11 to 1. So Mr. Fong?
- Vince Fong
Person
On AB 4, can I change my vote from not voting to no?
- Jim Wood
Person
Yes, you can. So item number 25, AB 4. Mr. Fong is not voting to no.
- Committee Secretary
Person
Fong, not voting to no. It's 13-1.
- Jim Wood
Person
That becomes 13 to 1. Okay. I think the only person who hasn't... We'll go up to the beginning for Ms. Carrillo. I think that's right. Okay, so, item number 1, AB 24. Please open the roll, call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That's 15-0. Item number 2, AB 459 by Mr. Haney. Please open the roll, call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That's 15-0. Item number 3, AB 1001 by Mr. Haney. Please open the roll, call the absent Members.
- Committee Secretary
Person
[Roll Call] 11-2.
- Jim Wood
Person
That's 11 to 2. Item number 4, AB 352 by Ms. Bauer-Kahan. Please open the roll, call the absent Members.
- Committee Secretary
Person
[Roll Call] 11-3.
- Jim Wood
Person
That's 11 to 3. Item number 6, AB 418 by Mr. Gabriel. Please open the roll, call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That's 12 to 1. Item number 7, 16, 23, 26, and 32 are the Consent Calendar. Please open the roll, call the absent Members.
- Committee Secretary
Person
[Roll Call] 15-0.
- Jim Wood
Person
15-0. Item number 9, AB 503 by Juan Carrillo. Please open the roll, call the absent Members.
- Committee Secretary
Person
[Roll Call] 15-0.
- Jim Wood
Person
That's 15-0. And finally, item number 10, AB 583 by Ms. Wicks. Please open the roll, call the absent Members.
- Committee Secretary
Person
[Roll Call] 12-3.
- Jim Wood
Person
That's 12 to 3. And with that, we conclude the business of the Health Committee. And we are adjourned.