Assembly Standing Committee on Health
- Jim Wood
Person
If you represent one, all testimony comments are limited to the Bill at hand. We also welcome any comments or letters of support or opposition to our Health Committee portal as well. Today we have several bills proposed for consent for the hearing. Any Member of the Committee may remove a Bill from consent. Proposed post for consent today is item number one, AB 517, by assemblymember Soria. Item number two, AB 551 by Assemblymember Bennett, with amendments item number 16, AB 1131 by Assembly Member Garcia.
- Jim Wood
Person
Item number 20, AB 1478, by assemblymember Cervantes. Item number 28, AB 798, by Dr. Weber. Item number 29, AB 915, by Dr. Aramula. And item number 30, AB 1325, by our Vice Chair, Waldron. And item 32, AB 614, by me Wood. So our custom is we do not start until we have representation from both parties. So we are missing our Republican Vice Chair. So as soon as we have a Member of the other party, we'll be able to start. Actually, we can start now. I appreciate.
- Jim Wood
Person
Like, they're on queue. It was amazing. With that, I thought I saw Ms. Irwin, would you be ready to. You're not quite ready. Okay, you know what? In view of that, I have a Bill. I'll go ahead and present my Bill. Would you like to take over for me, Mr. Mccarty? Where's my little cheat sheet? Okay. False alarm. Mr. Low is here to present item number 21, AB 1577. Whenever you're ready, sir. A classic example of the early bird gets the worm. Well done.
- Evan Low
Person
Well, Mr. Chair, thank you very much for accommodations and allowing me to present in kindness and respectfully ask for. I vote. When you've established a quorum with respect to Assembly Bill 1577, which helps to ensure that we increase access with respect to health care. And I have two witnesses here in support to also testify as well. I respectfully ask for. I vote when you have a statue of quorum. Thank you.
- Charmaine Morales
Person
Good afternoon. Thank you, chair, wood and Members of the Committee for Considering AB 5077. And thank you, Assemblyman Low, for your unwavering support of nurses. My name is Charmaine Morales, President of United Nurses Associations of California Union of Healthcare Professionals. California is facing a nurse staffing crisis never seen before. And the recent pandemic shed light on the nursing shortage, which was exasperated by the poor working conditions, burnout, and a lucrative nurse travel registry industry.
- Charmaine Morales
Person
While the nursing shortage discussion has been ongoing and well documented, it is important for the State of California to intervene and implement a plan to save nursing immediately. UNAC UHCP recognizes the nursing challenges that have been outlined by the state for the past five years, and we feel it is important for California to act swiftly and solve the crisis. AB 1577 is an important component of solving the crisis by requiring hospitals to provide more clinical placements to community colleges as they grow their nursing programs.
- Charmaine Morales
Person
Community colleges are best positioned to help resolve the staffing crisis, and we need to ensure that as students move through nursing programs, bottlenecks are not created, thus impeding nursing school completion. I am a graduate of Los Angeles Harbor College and completed my clinicals at Kaiser in Harbor City. And once I passed my boards, I went to work for the same hospital where I completed my clinicals. This is the perfect match for hospitals. Train the nurse and hopefully hire them.
- Charmaine Morales
Person
AB 1577 will be a game changer for California, and I want to thank all of the stakeholders for working together to find solutions. UNAC UHCP appreciates all the recommended amendments, and we look forward to continuing to work collaboratively with CHA. Thank you. And I respectfully ask for your aye vote thank you.
- Unidentified Speaker
Person
Elizabeth Hawkins from United Nurses Association of, California, Union of Healthcare Professionals. I've been in the nursing profession for 38 years, and precepting is important and it also keeps nurses in the community in which they went to school because they tend to stay where they have done their clinical rotations. Thank you. I ask that you support this Bill.
- Jim Wood
Person
Thank you very much. Others in support of the Bill.
- Christoph Mair
Person
Good afternoon. Chair, Committee, staff and Members, Christoph Mair with the American Federation of State, County and Municipal employees and strong support.
- Jim Wood
Person
Thank you very. Actually, is there opposition to the Bill? My apologies. Aye was so excited. We were on a roll there. And before we have opposition, aye'm going to have Madam Secretary call the roll. We have a quorum it Wood here. Waldron. Aguirre. Curry. Arambula? Burner? Wendy Carillo? Flora? Vince Fong? Maienschein? McCarthy? Joe Patterson? Rodriguez? Santiago? Villapudua? Weber. Thank you. Thank you very much, Members. You have no idea how happy you've made me today.
- Jim Wood
Person
And those of you in the audience may not understand, but trust me, this is a good thing to have a quorum. So thank you so much. And I just recognize, I hope to Members of the audience, this is an extremely busy week for us and today is an extremely busy day. So you're going to see Members coming and going. It's just the nature of what's going on today.
- Jim Wood
Person
And so I'm really grateful the Committee Members to come and help me establish quorum so we can continue on. So please, our opposition witness. Thank you.
- Sarah Bridge
Person
Sorry about that. Thank you, Mr. Chair and Member Sarah Bridge, on behalf of the Association of California Healthcare Districts here, respectfully opposed to AB 1577. I will note that our opposition originally hinges on the original iteration of the Bill, and we are excited about working with the author and the sponsors on potential amendments. I want to start by recognizing as well that we share the goal of increasing our healthcare workforce.
- Sarah Bridge
Person
However, we disagree with an approach that hinges hospitals ability to provide care on clinical placement slots. Our primary concern revolves around the penalties and the threat to hospital licensure. District hospitals are some of the smallest rural and remote facilities in the state where clinical placement slots may not be appropriate or as robust districts are public hospitals, meaning they operate largely on public dollars and are owned by the constituents they serve, penalties come at a direct cost to the public and public funds.
- Sarah Bridge
Person
ACHD supports a collaborative approach with community colleges to identify gaps that could be appropriately filled. However, the requirement that hospitals then meet a demand identified by the community college goes too far. Training students is incredibly costly and hospitals may allocate their clinical placement slots to fill particular specialties their hospitals or regions needs. Specifically, when the cost is financially insurmountable due to other financial considerations, hospitals must have the flexibility to change, adapt or eliminate these slots.
- Sarah Bridge
Person
While we appreciate the intent of AB 1577, it simply goes too far at the sake of hospitals at a time where many district hospitals are struggling financially. We look forward to working with the author and the sponsors moving forward on an appropriate solution to address the workforce crisis. However, at this time, we would respectfully request your no vote. Thank you.
- Heath Flora
Legislator
Okay. Thank you very much. Are there others in opposition? Seeing no one. We'll bring it back to the. Sorry. I'm sorry. I apologize. It's okay. Christy Weiss, on behalf of the California Hospital Association, we are in a position of concerns. Look forward to working with the author and the sponsors as amendments move forward. Thank you. We're all about health and fitness. I just didn't mean for you to have to run, but thank you. Questions? Mr. Flora? Thank you, Mr. Chair.
- Heath Flora
Legislator
Mr. Low, always good to see you. And I am really, really wanting to support this Bill today, but I absolutely understand from a district hospital perspective the concerns that how these fines and potential loss of licensure, based on a community college's opinion or not ability to get slots. Can you address that concern? Because I do, because I think this Bill is righteous and we need to get more students in a clinical time. We absolutely agree with that.
- Evan Low
Person
But I do think that potential fines and loss of licensure is a problem. Can you address that for me. Thank you very much. Through the chair. Thank you very much. Mr. Flora. Specifically presented before us, too, in the analysis, and I forgot to mention that, like to accept the Committee's suggested amendments as well, which just simply addresses that of the fines we took out the removal of licensure, so that of the fines.
- Evan Low
Person
But ultimately, it's to help increase the type of access and making sure that the implementation also works, too. So I share that concern, too, and deeply committed to helping making the impact implementable as well, too, while also recognizing the potential concerns that you've had as well. No, and I appreciate that, and I am going to support the Bill today, but I will be checking with my district folks, because I don't want to do anything that's going to hurt my district people as well.
- Heath Flora
Legislator
And hopefully we get that sorted out before floor. Thanks. Thank you, Mr. Floor. Mr. Fong, not to belabor the point, but is it my understanding that and reading the analysis that it authorizes but does not require a fines or a license to be revoked if they fail to meet, is that correct? So it does authorize one, but it doesn't require it. Correct. Not mandatory, but authorizes. Okay. But not mandatory. All right, thank you. Thank you. Any other questions or comments, Ms. Waldron?
- Marie Waldron
Person
So, just to clarify that the amendments also included that it only applies to hospitals near a community college that has an approved nursing school? Yes. Yeah, because not all hospitals have that. Thank you. Great. Thank you. Anyone else seeing no one Bill does enjoy a do pass recommendation. Would you like to close, Mr. Lowe? Just simply that committed to also working with Members of this Committee that expressed some of the concerns moving forward should this pass. This Committee, I respectfully ask for. I vote very well.
- Jim Wood
Person
Thank you. Is there a motion on the Bill? The motion by Mr. Rodriguez, a second by Mr. Santiago. The motion is do pass as amended, to appropriations. Madam Secretary, please call the roll.
- Jim Wood
Person
Wood? Aye. Wood, aye. Waldron? Waldron, aye. Aguliar-Curry? Aguilar-Curry, aye. Arambula? Berner? Wendy Carrillo? Flora? Flora, aye. Vince Fong? Vince Fong, not voting. Maienschein? Mccarty? Mccarty, aye. Joe Patterson? Rodriguez? Rodriguez, aye. Santiago? Santiago, aye. Villapudua? Weber? You have seven votes. You're trending in a positive direction.
- Jim Wood
Person
We'll leave the Bill on call for you. Thank you very much. Mr. Connolly is up next. Before we. He can kind of wander up here, but we do have a consent calendar. If someone wants to make a motion on the consent motion by Ms. Seguer. Curry, a second by Mr. Mccarty on the consent calendar, which is item numbers 121620282930 and 32 diagonal. Bingo. There. Madam Secretary, please call a roll on the consent calendar. Wood. Aye. Wood. I. Waldron. Waldron. I. Aguyakuri. Agyar. Curry.
- Committee Secretary
Person
Arambula? Berner? Wendy Carrillo? Flora? Flor, aye. Vince Fong? Vince Fong, aye. Maienschein? Mccarty? Mccarty, aye. Joe Patterson? Rodriguez? Rodriguez, aye. Santiago? Villapudua? Weber? We have seven on the consent calendar. We'll leave that on call. Mr. Connolly, you have two bills. Let's start with AB 620.
- Damon Connolly
Legislator
Thank you, chair. Let's do that. And thank you again. And to Members. I'd like to begin by thanking the Committee and staff for their work and input on this Bill. And I will be accepting the Committee's amendments. AB 620 would require health plans to cover medical nutrition therapy. Medical nutrition therapy in the form of nutritional formulas can be a successful alternative to medication treatment for several diseases, including Crohn's disease.
- Damon Connolly
Legislator
This therapy has a particular benefit for pediatric patients because they may not have access to, or may not be able to use certain medications. Additionally, patients with intestinal bowel disease, or IBD, specifically Crohn's disease, can utilize medically necessary formulas for nutritional support to help them achieve remission. Early treatment options for metabolic and digestive diseases like Crohn's have proven to reduce harm and increase quality of life. There is no reason why Californians suffering from chronic illnesses cannot lead full and productive lives.
- Damon Connolly
Legislator
AB 620 provides patients with a proven, successful alternative to certain medications, which healthcare providers may recommend when complications such as weight loss, surgery, obstruction or severe inflammation prevent patients from getting the right nutrients. Exclusive internal nutrition, or even as it's known as a means to induce remission, is safer, improves growth and encourages healing in children over steroid therapy. Internal nutrition, or en, is a way to give the patient's body what it needs to stay healthy.
- Damon Connolly
Legislator
Enteral means passing through the intestines when nutrition is taken either orally or through a feeding tube. Enteral nutrition is usually taken in the form of a nutrient rich formuLA and some common formulas include boost, ensure and organ inherited metabolic disorders and digestive disease. And including IBD affects millions of Americans with as many as 70,000 new cases of IBD diagnosed each year. AB 620 will allow Californians suffering from these disorders to have greater access to nutritional support in addition to medication by expanding health insurance coverage.
- Damon Connolly
Legislator
To quote, medically necessary foods which have proven to reduce symptoms and improve quality of life, I will now pass it off to Dr. Sindhura Batchu, pediatric gastroenterologist. I think I said that right at UC Davis and I respectfully ask for an aye vote. Welcome Doctor.
- Sindhura Batchu
Person
Thank you chair and Members of the Committee, thank you for giving me the opportunity to speak today on behalf of our pediatric patients with inflammatory bowel disease. My name is Sindhura Batchu and I am the pediatric gastroenterologist, UC Davis. I come here to voice my support for AB 620, the prevalence of IBD is about 77 out of 100,000 children, and more recently, the number of children with IBD is increasing.
- Sindhura Batchu
Person
IBD, which includes Crohn's disease and ulcerative colitis, are progressive chronic intestinal conditions characterized by inflammation in various parts of the gastrointestinal tract. The progressive nature of this disease can lead to irreversible damage and, if not treated in a timely fashion, surgical removal of the diseased bowel. Current treatments can vary from five asas, steroids, immunomodulators and biologics, which works towards rerouting our immune system and decreasing inflammation. However, these treatments are not perfect.
- Sindhura Batchu
Person
A subset of our patients fail need dose escalation and more importantly, these medicines come with adverse side effects including infection, malignancy, autoimmune sequelae that need to be closely monitored. Another concern for patients with IBD is malnutrition. Many patients may experience weight loss due to their symptoms and pediatric patients are at risk for delayed growth and puberty development. This central issue in IBD impacts patient outcomes as well as quality of life, emphasizing the need for dedicated dietetic care for patients with IBD.
- Sindhura Batchu
Person
Medical nutritional therapy has been used in various forms of IBD since 1970s. Exclusive internal nutrition, or EEN, is defined as Administration of 100% of the body's estimated caloric needs by liquid nutritional formulas. Nutritional therapy targets our gut microbiome instead of our innate immune system to lower inflammation.
- Sindhura Batchu
Person
In our American Society for Pediatric Gastroenterology, Hepatology and Nutrition guidelines, it is an actual recommendation treatment for induction of remission of inflammatory bowel disease and given that there are no side effects, it is truly an appealing option in a select cohort of our patients. Supplemental nutrition can also increase energy and promote growth for those children that present with growth failure. Unfortunately, many of our family's internal nutritional therapy is not an option as it is not covered by insurance.
- Sindhura Batchu
Person
When I meet a family for the first time diagnosed with IBD, I see a sick child in a distressed family. My job as a physician is to set them on the best trajectory of gut healing wellness and avoid need for surgery. Providing them with any less desirable options, I feel is medically incorrect IBD treatments are already so limiting to begin with. An added barrier of insurance approval really limits a family's options.
- Sindhura Batchu
Person
A teenager who recently came to a practice with a new diagnosis, inflammatory bowel disease, he presented with a stricture. Okay. Given the extent of the disease and stricture, he was started on dual induction therapy with internal nutrition and biologic. The family was dedicated to do nutritional therapy. This would mean patient x would need to take seven to eight cans of pediature a day. Imagine having to do so and not feel great and worry about insurance coverage.
- Sindhura Batchu
Person
I can tell you I've had many families where this is not even a viable treatment option, and there was a lapse in insurance coverage. On behalf of our patients, I stand in front of you to urge to support AB 620 to allow all treatment options to be available to our pediatric patients with this chronic and very serious illness. Thank you.
- Ryan Spencer
Person
Thank you very much.
- Ryan Spencer
Person
Ryan Spencer. On behalf of the Crohn's and Colitis foundation, they are the sponsors of this measure. It was stated in the analysis and also reiterated in the Chaburp report. But I think it's worth restating that this is currently covered by Medi Cal through Medi Cal RX. And so what this Bill simply does, it applies it to commercial plans as well. And so I'm also here to answer any technical questions you may have and ask for your support. Thank you.
- Jim Wood
Person
Thank you very much. Others in support. Okay. Is there opposition to the Bill? Uh, good afternoon, chair Members of the Committee. Robert Boykin with California Associate of Health Plans. Regrettably, in opposition to AB 620. We respect and understand the intent of the Bill. However, we are opposed because according to the Chaburp analysis, the annual health plan premium increase will be 24 million. But we do understand that the amendments will help maybe lower that cost.
- Robert Boykin
Person
But also keep in mind that this is one of 23 mandate bills this year that, when combined, are set to increase annual cost by more than 1 billion. So we've spoken with the sponsors in the author's office of the Bill and look forward to work with them as the Bill moves forward in a process. Thank you. Thank you very much, Mr.
- Steffanie Watkins
Person
Chair Members. Stephanie Watkins. On behalf of the Association of California Life and Health Insurance Companies, we do have an opposed, this is on the mandate list. But we do appreciate the constant dialogue with the sponsors and the author, appreciate the amendments that were taken and worked out with Committee. And so we'll continue that conversation as the Bill moves forward today. Thank you.
- John Wenger
Person
Thank you. John Wenger. On behalf of America's Health Insurance Plans, will just echo the comments of Stephanie Watkins.
- Jim Wood
Person
Okay, thank you. Anyone else bringing back to the Committee for questions or comments? Any questions or comments? No, actually, Mr. Rodriguez is here, so there's three of us. The Bill does enjoy a do pass recommendation. Would you like to close, Mr. Connolly? Yeah.
- Damon Connolly
Legislator
I appreciate the consideration, the ongoing dialogue, and respectfully ask for an aye vote.
- Committee Secretary
Person
Wood? Aye. Wood, aye. Waldron? Waldron, aye. Aguilar-Curry? Aguilar-Curry, aye. Arambula? Berner? Wendy Carillo? Flora? Vince Fong? Maienschein? Mccarthy? Joe Patterson? Rodriguez? Rodriguez, aye. Santiago? Villapudua? Weber? We have four votes. We'll leave the Bill on call for you. Thank you very much to your witnesses. And you have another Bill.
- Jim Wood
Person
Thank you very much. Motion by Ms. Aguirre. Curry. Second by Mr. Rodriguez. Thank you very much. The motion is do pass as amended to appropriations. Madam Secretary, please call the roll.
- Damon Connolly
Legislator
Thank you, chair. Another Bill? We're excited about AB 119. I want to start again by thanking you, the Committee staff, for the work on this Bill, and will be happily accepting the Committee's amendments in this case as well. I'm pleased to present AB 119 today, which restricts the online sale of sodium nitrite to minors and caps of purity, at which it is allowed to be sold at 10%.
- Damon Connolly
Legislator
Sodium nitrite is an inorganic compound and hard to believe this, but has become a frequent item used by teenagers to take their own lives at Low levels of purity 10% and below. Sodium nitrite is commonly used as a food preservative. However, consuming the compound in high levels of purity can cause fatal poisoning. While there is no real world application for sodium nitrate in concentrations of purity above 10%, major online retailers have been selling it at levels of purity up to 99%.
- Damon Connolly
Legislator
Because a chemical can easily be purchased in highly pure forms and delivered directly to an individual's residence, it has become a tragically frequent method of committing suicide. Shockingly, poison control centers throughout the country have reported a 253% increase in self poisoning with nitrites and 166% increase in fatalities in 2021 in comparison to 2018.
- Damon Connolly
Legislator
Assembly Bill 119 would address the ease of access to this dangerous chemical by prohibiting online retailers from selling sodium nitrite to miners, and prohibit the sale of sodium nitrite in concentrations greater than 10% to a person over 18 years of age. The Bill also specifies that retailers and online marketplaces must implement an effective age verification system and includes an exemption for legitimate business entities. This Bill has no opposition, and I respectfully ask for an aye vote.
- Bryce Docherty
Person
Thank you very much, Mr. Connolly. Others in support of the Bill. Thank you. Yes. Mr. Chair Members Bryce Doherty, on behalf of.
- Bryce Docherty
Person
The American Academy of Pediatrics, California, in strong support.
- Jim Wood
Person
Thank you. Thank you. Anyone else? Is there opposition to the Bill? See, no one will bring it back to the Committee for questions or comments. Any questions or comments? We do have a motion by Ms. Aguirkuri, a second by Ms. Waldron. Bill does enjoy a do pass recommendation. Would you like to close?
- Damon Connolly
Legislator
Thank you. Again, I respectfully ask for an aye vote.
- Committee Secretary
Person
Thank you very much, Mr. Connolly. Madam Sec. The motion is do pass as amended. Madam Secretary, please call the roll. Wood? Aye. Wood, aye. Waldron? Waldron, aye. Aguilar-Curry? Aguilar-Curry, aye. Arambula? Berner? Wendy Carrillo? Flora? Vince Fong? Maienschein. Mccarty? Mccarty, aye. Joe Patterson? Rodriguez? Santiago? Villapudua? Weber? That Bill has four votes. We'll leave it on call. Thank you, Mr. Connolly. Ms. Irwin?
- Akilah Weber
Legislator
You bring gifts or props?
- Jacqui Irwin
Legislator
I could bring gifts, but that's probably not the goal.
- Jim Wood
Person
We couldn't get skittles out of Mr. Gabriel, but we tried.
- Jacqui Irwin
Legislator
Good afternoon Mr. Chair, members, I would like to begin by accepting the Committee amendments and thanking the Committee staff for their hard work. I'm pleased to present AB 660 today. For too long, Californians have been misled by unclear labels on food. Stores offer products with all sorts of different labels, like expires on Best Buy, enjoy buy, sell by, to name a few. These labels consistently mislead and confuse consumers.
- Jacqui Irwin
Legislator
Sell by dates, for example, are meant to show grocers when to rotate stock and they are meaningless to the consumer. The result of this consumer confusion is a staggering amount of food waste, with one study attributing as much as 20% of food waste to these labels. This ultimately costs consumers money at the grocery stores and Addis to climate change as wasted food rots in landsfills. AB 660 would end this confusion.
- Jacqui Irwin
Legislator
It takes the industry's own adopted standard and requires food items that use date labels to use the standard items like we have on this milk bottle. Best if used by to indicate the quality of food or used by to indicate the safety of food. I would like to express my continued appreciation to the industry for engaging in productive conversations with our office. We will find a path forward with this Bill.
- Jacqui Irwin
Legislator
Recent author amendments to the Bill were made to address certain industry concerns and they are reflective of my commitment to continue to work with all stakeholders on this Bill. With me to testify today in support of this Bill are Nicole Curryan, representing Californians against waste, and Andrea Collins, representing the Natural Resources Defense Council.
- Unidentified Speaker
Person
Good afternoon chair and Members Nicole Curry and with Californians Against Waste, we are proud to co-sponsor AB 660, which will streamline expiration date labels by requiring the use of consistent terminology next to an expiry date to indicate the quality and safety of a food product. A study by Refed found that standardizing these labels is the single most cost-effective way to reduce food waste. Data also shows that households make up a whopping 43% of food waste, by far the largest category of food waste.
- Unidentified Speaker
Person
When broken down by supply chain stage, this is more than grocery stores and restaurants combined at 31%. As I'm sure you're aware, consumers are bombarded with all types of expiration date label formats. Each term can be used to mean different things when used by different brands, and some expiry dates have no phrase next to them at all. In 2017, the industry's two largest trade associations released a joint statement announcing that they would implement uniform date labeling using the recommended quality and safety date phrases.
- Unidentified Speaker
Person
They promised large scale adoption by the following summer and committed to 100% implementation by 2020. The Legislature then codified the industry's proposed terminology in 2017 with AB 954 as a voluntary standard and directed CDFA to promote the use of these terms and discourage the use of consumer facing sellby dates. AB 954 also established separate definitions for a quality date, safety date and sellby date and statute, and this Bill passed with no opposition.
- Unidentified Speaker
Person
However, if you've recently stood in front of your fridge or pantry and squinted at a label, you know that voluntary implementation is clearly insufficient. Further consumer education as to what phrases on which foods mean, what isn't possible until we streamline these labels, wasted food is a societal, economic and environmental problem.
- Unidentified Speaker
Person
As a state, we throw away 6 million tons of food every year, releasing methane emissions that have a climate impact 86 times greater than co2, not to mention the amount of money spent on food that never gets eaten and the costs of dealing with this excess waste passed on to ratepayers. AB 660 simply requires all brands to use the same terms that they themselves have identified to reduce consumer confusion and that the state has adopted as a voluntary standard.
- Unidentified Speaker
Person
This small change will have huge ramifications and for this region, we urge your aye vote on this Bill. Thank you.
- Jim Wood
Person
Thank you. Please go ahead.
- Andrea Collins
Person
Thank you chairwood and Committee Members. My name is Andrea Collins with the Natural Resources Defense Council and we support AB 660 because it addresses a systemic cause of food waste with implications for our health, our environment, and our economy. Too many of us look at a container of milk, see that the date has passed, and decide to dump it rather than risk getting sick.
- Andrea Collins
Person
However, the date on milk, whether it uses those words or not, is likely a sell by date, meant to help grocery stores with stock rotation and many of the other dates on food are intended to be an indicator of peak quality. In fact, there's no way of knowing which dates are actually safety dates and should tell a consumer not to eat the product.
- Andrea Collins
Person
Instead, consumers are left to guess at what information is intended by the date on the package, and more than 80% of Americans report tossing food simply because it's past date. We need consistent date labels so that people stop tossing good food prematurely, and also so that we have more clarity on which foods are really a health concern.
- Andrea Collins
Person
Confusion over so called expiration dates is responsible for 20% of the wasted food in our homes, and Americans spend one $300 on discarded food every year, eliminating confusion over whether food is still good will help keep some of that money in the pockets of Californians. We have enough food. Yet 8 million Californians face food insecurity and food packaging dates are a challenge for food banks and pantries that help ensure that our seniors, families and folks in need of emergency food assistance have enough to eat.
- Andrea Collins
Person
People who receive food from pantries may be reluctant to take those items that are near or past date because they believe that the item is unsafe after the date. Whether or not that's the case, the need for food assistance in our state is immense, and food insecurity is detrimental to the physical and mental health, with outcomes that include diabetes, hypertension, behavioral challenges in children. And these negative ramifications should make any attempt to improve food security a priority for public health.
- Andrea Collins
Person
Additionally, people in food deserts or food apartheid regions, which are largely indigenous, black, Latino and rural communities, and those who are dependent on the emergency food system are purchasing or receiving food that's closer to the date on the label, meaning that they're more often plagued with the question as to whether or not to toss food past date, making this a significant equity concern. And a larger percentage of their budget is spent on food.
- Andrea Collins
Person
So the consequences of tossing that food make a bigger dent on their household incomes and finances. Ensuring that all of us understand when food is still good to eat will help alleviate pressure to toss food that could have nourished us. And defining a standard for consumer targeted labels clarifies when food actually poses a safety risk and reduces the likelihood of discarding good food. So for these reasons, we're proud to support and sponsor this key legislation. Thank you.
- Jim Wood
Person
Thank you very much. Others in support.
- Unidentified Speaker
Person
Rebecca Marcus, representing Kalperg in support.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Izzy Swindler from Shah Yoder, Antwi Schmemzer and Lang representing a few different groups. California Product Stewardship Council, National Stewardship Action Council stop waste in support. Thank you.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Amara Ager on behalf of Rethink Waste, California Compost Coalition, five Gyres Institute and Plastic free future in support.
- Jim Wood
Person
Thank you. Anyone else see? No one will go to opposition.
- Dennis Albiani
Person
Good afternoon. Dennis Albiani testifying on a couple of different entities that have varying different ranges of positions. So I'll explain that as we go. So I represent consumer brands Association, and we, along with the Food Market Institute, actually developed, did significant research and developed the terms that are outlined in this Bill. Also worked with Mr. Chu when the Bill went through 954 and spent a lot of time in this area.
- Dennis Albiani
Person
It's actually some of our own reports that have been used by the proponents to justify the Bill. And we are supporting federal legislation and we think that is by far the best way to do this. Single state legislation is very challenging. It's a concern to us that when you mandate something, it brings along liability, whether it's 7200 liability, unfair business practices of those.
- Dennis Albiani
Person
So that's a concern to the consumer brands Association that has been very involved in this and has been moving this forward and making great progress. Although admittedly not 100% compliance as discussed, there are some other issues with some of the smaller food manufacturers, out of country, out of state manufacturers and how they would comply. I think that's a concern that needs to be further discussed. And the real issue is consumer education.
- Dennis Albiani
Person
Regardless what the terms are, we need to be able to educate them so that some of the concerns of the proponents, which are very valid, are able to be recognized. Now. On behalf of the Pacific Egg and Poultry Association and the associated California egg farmers, we are concerned and need to believe that eggs should be removed from this Bill. And we've testified several times, had several conversations with the author. The eggs are governed by a whole USDA structure of regulations, significant state law.
- Dennis Albiani
Person
It's actually codified in state law, it has been for years. And how we do that. And so we're a little bit concerned, and I'll just say this, that I think consumers, and I think most people, I was just at the farmers markets this Saturday, consumers have a very different relationship with their eggs than they do with their pancake mix. And I think I knew they'd get at least a good smile. I think that's very real.
- Dennis Albiani
Person
And they demand certain things and they want the dates on there and they want to know what's going on with their eggs again, crackers, pancakes, different things and different standards. So we believe that eggs should be removed from this and we'll continue to have that position. So with that, we are working with the author, work with the staff, keep working on the opt in, appreciate some of the amendments that they're bringing forward, and look forward to working on that issue as it progresses. Thank you.
- Unidentified Speaker
Person
Thank you. Others in opposition. Hello, Ryan Elaine on behalf of the California Retail Association, we have no formal position. We're working and committed to working with the author. There's initial concerns, but just want to let everyone know that we're going to work those out. Thank you.
- Unidentified Speaker
Person
Hi, Margie Lee. On behalf of the California League of Food Producers with some concerns but appreciate the author.
- Jim Wood
Person
Thank you. Anyone else? Any questions?
- Cecilia Aguiar-Curry
Legislator
Excuse me. I'll make a comment. As a consumer, I get so confused by these sell by, do, buy whatever on the packaging. So I applaud you for working on this. I know you'll continue to work on it because there are some issues. Those of us that are in ag have some concerns about it, but I do think we need to hone in on it. I know the Federal Government's working on this as well, but how long do we wait? And the waste is just incredible.
- Cecilia Aguiar-Curry
Legislator
So I'll be supporting the Bill today. I would hope that you'd continue to work with the opposition.
- Jim Wood
Person
Thank you. Anyone else? I want to thank the author. I supported this in the Ag Committee, and I remember supporting 954 back in 2017, and it is confusing. I mean, Mr. Albani, what is the designation on eggs? What does a carton of eggs say?
- Dennis Albiani
Person
Sell by dates. Well, it says sell by on 30 days, and it's codified in law. That's what's required.
- Jim Wood
Person
And so what does sell by mean?
- Dennis Albiani
Person
It means that the folks need to sell it within 30 days, and then after that, you have time. But eggs do start to, their quality greatly diminishes after about 40 to 45 days, and you'll start seeing to where the yellow starts blending into the white. And it really degrades over time pretty quickly after the 30 days.
- Jim Wood
Person
So the sell by is 30 days, but it can go for 45. And you just illustrated the challenge that consumers have when you says sell by. I don't know what that means. And so I think it's an expiration date. So I've probably thrown a whole lot of eggs away that I could have used with my pancake batter or whatever else. And I appreciate the conundrum, I really do. But I think you all know that California doesn't always wait for the Federal Government.
- Jim Wood
Person
If we did, my goodness, the number of things in the healthcare space, we'd be stuck in the mud. Our Bill that we did to protect consumers from surprise medical billing was passed in 2017 or 2016, I believe, and it took the Federal Government six plus years to catch up with California. So we're not going to wait. And actually, I would just say, know, people selling food products, why not follow a standard that we set in California? Why wait for the Federal Government moving forward?
- Jim Wood
Person
So I don't think we need to. We had this similar discussion around the dancing arrows on recycling of plastics and things like that. Nobody wants to have different labels for different states, so why not just do the right thing and do it quickly and let the Federal Government catch up five or six years from now and let us as consumers know what we're eating, what we can use in our pancake batters, and what we can't in a more accurate way.
- Jim Wood
Person
And I would just say the Bill was passed in 2017. Here we are six years later, and we took it on faith that the industry was actually going to do more than has been done. So I think in response, we're kind of tired of waiting, quite frankly.
- Dennis Albiani
Person
Sure.
- Dennis Albiani
Person
And the 25 top producers who signed on to the MOU have evolved, as we mentioned, some of the smaller ones, some of the other entities don't. I did want to address that. Just one issue. I generally agree, but I do want to say, do you prefer to have a date or no date? I'm using on eggs and I think consumers do prefer a date and would prefer that.
- Dennis Albiani
Person
And I think if we didn't do that, we would get, and I'm pretty positive this is how it works. I know the egg industry, we would become the dumping ground of eggs from repackaging out of other states that have tighter dates. So this is a walk, and I appreciate your points and we talked about it. We do need to be very careful about how we handle this. And then I think we are making progress. Appreciate that we're working with the folks and we'll continue to.
- Dennis Albiani
Person
But I do think there is a difference when you look at eggs and even dairy.
- Jim Wood
Person
I think we want a date and we want to know what that date means.
- Jim Wood
Person
Sure.
- Jim Wood
Person
That's the bottom line.
- Dennis Albiani
Person
We agree 100% on that.
- Jim Wood
Person
So how do you envision the label on eggs?
- Dennis Albiani
Person
I would keep it with what the consumers are currently familiar with, which is sell by, and that's been codified and kind of standardized throughout the country. But again, we can have that conversation. But if we don't standardize it across the country, I think it's going to be very difficult for people to do that type of education that's required. Well, I don't remind, but just want to say there is likely to be very major federal food and agricultural legislation passed this year. It's called the farm Bill.
- Dennis Albiani
Person
They do it every five years. And it's kind of like our budget. You put in a Bill and it gets into the budget. You put in a federal Bill, which we're supporting and you play that out. So we're working on.
- Jim Wood
Person
And then my final question. I like this Bill. That's why I'm talking about it so much. So what does the egg industry do to educate consumers about what the sell by date means? Because I didn't know. I just assume when it says sell by. That means that it's an expiration date. So what will the egg industry do? Sell by and goodbye. How do I know? Because I didn't know until you just told me today.
- Dennis Albiani
Person
So the proposal would put best if used by. And I think that's on an egg carton. And I think that has a similar undefined at this point, I guess the idea would be post the Bill being passed that then there would be some consumer education element to it. But I think there is an equivalent amount of, if there is confusion, equivalent amount of confusion on many of the terms.
- Dennis Albiani
Person
I think that's why the entities got together and did a whole lot of consumer review and trying to figure out what they could promote. As this moves forward, I look forward.
- Jim Wood
Person
To learning how to take care of my eggs because my dog gets a lot of them rather than throwing them away. So anyway, thank you.
- Jim Wood
Person
Fair enough.
- Jim Wood
Person
He survives. So I guess they're okay. You may move the Bill. I'd be happy to second the Bill, Ms. Erwin. The Bill enjoys a do pass recommendation, but there is a sell by date. So would you like to close?
- Jacqui Irwin
Legislator
Okay, I won't make it too because you've already made most of my arguments for me. And we do want to reduce consumer confusion. And I will state again, we will continue to work with Mr. Albiani and the industry, but when we talk about zero, California should slow down, we're slowing down on what already is a national voluntary program.
- Jacqui Irwin
Legislator
And if the farm Bill passes, I would be pretty certain that they would use the same standard that the industry has come up with, which is again best if used by, if it is to indicate the quality data food or used by, to indicate the safety of the food. And we have dairy that's already doing it. We have enjoy by which doesn't. We don't know what that means.
- Jacqui Irwin
Legislator
We're not sure what this date means, but we do have the Julian date on here, which I think we were talking about in Ag. So let's reduce consumer confusion and work to reduce our effects on climate change by putting less food into the landfills. And with that, I respectfully ask for your vote.
- Jim Wood
Person
Well, thank you very much, Assembly Member Irwin. I know you'll continue to work through with the opposition on this. And yeah, it would be really great to see that we aren't wasting as much food as we currently do. And then there are issues that will impact the Department of Public Health, which we hope that you'll continue working with the Committee here as we finalize this piece of it. So we have a motion in a second. The motion is do pass as amended to appropriations.
- Jim Wood
Person
And I want to thank the opposition, too. This is difficult, I recognize. Maybe we can have breakfast someday.
- Jim Wood
Person
Yeah, exactly. Steak and eggs. We'll go for it.
- Jim Wood
Person
Madam Secretary, please call the roll. Do pass as amended to appropriations. Wood, aye.
- Committee Secretary
Person
Wood, aye. Waldron? Waldron. Not voting. Agar Curry. Agar Curry, aye. Aramula. Verner, Wendy. Carrio. Flora, Vince Fong. Maienschein. Mccarty, Joe. Patterson. Rodriguez. Santiago Villapudua. Weber. Weber, aye.
- Jim Wood
Person
That's 30. We'll leave the Bill on call. Thank you very much. Looking around, Ms. Schiavo, whenever you're ready. You have AB 710. We'll start with that one, if that's okay.
- Unidentified Speaker
Person
Yes.
- Pilar Schiavo
Legislator
Thank you so much. Thank you, Mr. Chair and Members. And I'd like to begin just by saying I accept the Committee's amendments and am appreciative of the staff for working with us to make improvements on the Bill. We are all aware of the crisis facing abortion rights in America at this time.
- Pilar Schiavo
Legislator
I am passionate about bringing to light the issue of deception that constituents in all of our districts encounter at a critical time when they're faced with a very difficult decision, something personal to them, to their bodies, and to their health. Across California, crisis pregnancy centers outnumber abortion clinics by 20%. These clinics use deceptive practices targeted at vulnerable populations to draw them in by claiming they provide abortion services when they have no equipment nor capacity to provide abortions.
- Pilar Schiavo
Legislator
These crisis pregnancy centers shame, intentionally mislead and lie to women about their reproductive health care options to block them from accessing abortion care, and are confusing a lot of people in our community. As a nurse advocate who worked with nurses on ensuring safe access to health care, I see it as extremely dangerous that these fake pregnancy centers present themselves as medical clinics. To be clear, they are not licensed medical clinics.
- Pilar Schiavo
Legislator
While women are in their most vulnerable state, working to get reliable medical information and possibly referrals for or abortion care, they instead are met with shaming and fear tactics and Fed misinformation about abortions, leading to infertility, depression, and higher suicide rates. All misinformation. AB 710 will deliver accurate information about how these fake women's healthcare centers operate and what options are available for people.
- Pilar Schiavo
Legislator
This legislation would prompt the launch of a public awareness campaign to communicate the facts about actual pregnancy care and abortion services being provided at primary care specialty clinics. When women need to access health care, it's critical the information they get is factual and that the providers have your best interest in mind, not an agenda to discourage you from seeking abortion care with AB 710.
- Pilar Schiavo
Legislator
Factual information will be delivered to the General public as well as those in the healthcare space to ensure anyone seeking abortion care would know where they can get medically accurate, comprehensive and unbiased information. Timely reproductive health care is essential and must be met without delay. The delay that these fake healthcare centers can impede a pregnant person from making the choices that's best in their families and their healthcare needs. Rest assured, California will continue to lead by protecting women's health care, including abortion care.
- Pilar Schiavo
Legislator
I have with me today as witnesses Shannon Hovis, Director of NARAL Pro Choice California, and Dr. Kelly Pfeiffer, Executive Director of ARIA Medical. Thank you.
- Shannon Hovis
Person
Good afternoon, chair and Members. My name is Shannon Olivieri Hovis and I'm the Director of NARAL Pro Choice California, representing NARAL's 4 million Members nationally who are fighting for reproductive freedom. Reproductive freedom means that every individual has the ability to make personal decisions about their reproductive lives, free from government interference and free from any form of oppression or coercion. California law strongly protects reproductive freedom, including the right to access birth control, abortion care, prenatal care and more.
- Shannon Hovis
Person
And since the Supreme Court overturned Roe v. Wade nearly one year ago, California has taken additional steps to ensure that Californians and those forced to travel here understand their legal rights to access abortion care, including by creating abortion CA Gov. But the reality is that California must do more to ensure that all communities, including immigrants, LGBTQ plus, foster youth, people experiencing homelessness and more, have access to medically accurate and comprehensive information about services available. Abortion services, in particular, available in our state.
- Shannon Hovis
Person
Fake health centers, sometimes called crisis pregnancy centers, threaten reproductive freedom and prey upon our most vulnerable communities, frequently targeting people of color and pregnant people with Low incomes. Fake health centers are run by antichoice organizations that intentionally lie to shame and mislead pregnant people seeking an abortion in order to block them from accessing care. These groups provide few or no real medical services, mislead people about the services they do provide, exaggerate the likelihood of miscarriage in early pregnancy.
- Shannon Hovis
Person
To downplay the urgency in seeking abortion care, push health disinformation, like emphasizing non factual relationships between abortion and infertility as well as breast cancer, to dissuade pregnant people from accessing abortion, and have been shown to delay access to medically legitimate prenatal and abortion care. Alarmingly, as Assembly Member Shivo said, the number of fake health centers in California is 20% higher than the number of health centers that provide abortion.
- Shannon Hovis
Person
Everybody deserves to have access to the medically accurate, comprehensive and unbiased information they need to make personal decisions about their lives. AB 710 will complement abortion CA Gov by establishing a public awareness campaign to communicate the facts about pregnancy care and abortion services being provided at primary and specialty clinics in California. This Bill reflects one of the recommendations of the California Future of Abortion Council, and I urge your. I vote. Thank you.
- Kelly Pfeifer
Person
Thank you. I'm Dr. Kelly Piper. I've been an abortion provider for over 25 years, and I currently practice in rural California, Arizona and Kansas. And I recently started a medication abortion clinic in Kansas. Every day I see people who've been harmed by these fake clinics. Many patients are made to go through later, more complex procedures because they went to a fake clinic thinking they'd get the abortion pill.
- Kelly Pfeifer
Person
They're told they're too early to come back repeatedly, and then they are too late in any other part of medicine. When I get a test result from another Doctor or clinic, I trust it.
- Kelly Pfeifer
Person
When I get an ultrasound from one of these clinics, I have to repeat it, because we've had cases where people have been given the wrong image, to be convinced that they're too far along when they're really too early or when they're convinced they're much earlier, just to run out of time, always to make sure that you can waste time until someone no longer has that option.
- Kelly Pfeifer
Person
My patients have no idea that their information is not private, that these are not real medical clinics, and that people can share their private data with whomever they want. I see teenagers who will be profoundly harmed if their families found out they are pregnant. And these centers have no obligation of confidentiality.
- Kelly Pfeifer
Person
I see patients weeping because they fear they will never be able to have a baby again, that they're going to get cancer, that they're going to get some terrible things that they've been told, and they're desperate to have their abortion. They come anyway, but they're terrified of what they're doing to themselves. All of these things that they walked out of this clinic believing they were true, but they are not true in any other part of the healthcare system. This would be inconceivable.
- Kelly Pfeifer
Person
Can you imagine going into a cardiologist and be given a fake result to convince you that you're about to have a heart attack, to trick you into surgery? This happened in Redding, California. It was criminal and it was shut down. But in fake clinics, people get this information that affects them profoundly false information, and there are no consequences. Californians deserve to be informed. They have the right to medical care without being tricked. I urge you to support AB 710 and thank you for inviting me today.
- Jim Wood
Person
Thank you others in support. Thank.
- Mari Lopez
Person
Good afternoon, Members and Committee Members. Mari Lopez with California Nurses Association in support.
- Jim Wood
Person
Thank you.
- Erin Evans-Fudem
Person
Chair and Members Erin Evans on behalf of the California Nurse Midwives Association in support, thank you. Good afternoon. Molly Robeson with Planned Parenthood affiliates of California in support, thank you.
- Ryan Suz
Person
Good afternoon. Ryan Suez, on behalf of Essential Access Health in support, thank you.
- Veronica Villalobos
Person
Veronica Villalobos with the California Latinas for Reproductive Justice in support, thank you.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Dr. Taiwo, midwife with Black Women for Wellness and Black women for Wellness Action project strongly in support of this Bill.
- Jim Wood
Person
Thank you. So opposition to the Bill please come up.
- Heidi Matzke
Person
Mr. Chair and Members of the Committee, it is an honor to be before you today. Hello, my name is Heidi Matsky and I'm the Executive Director of Alternatives Pregnancy center in Sacramento. I oppose AB 710, a Bill that defames and falsely accuses licensed medical clinics like ours. This Bill, as defined in the fact sheet, also seeks to derail women's access to comprehensive health care provided through pregnancy centers like ours.
- Heidi Matzke
Person
At Alternatives Pregnancy Center, underprivileged women receive pregnancy tests, ultrasounds, prenatal care, full service gynecological care and treatment, abortion pill reversal services and post abortive care at no charge, nearly $1.5 million worth last year. Our website, signage and phone personnel clearly state that we do not perform or refer for abortion, and instead we provide unbiased, peer reviewed education on abortion procedures so women can make informed choices regarding their pregnancies and their reproductive health.
- Heidi Matzke
Person
The doctors, nurses, nurse practitioners, medical assistants and phlebotomists at alternatives are all licensed medical professionals. Many have experienced or performed abortion in their past and are compelled to help others. Atoria is a patient of alternatives who was faced with domestic abuse, homelessness and an unplanned pregnancy, only to be handed the abortion pill as Planned Parenthood's only option. Instead, at Alternatives Pregnancy Center, Atoria was provided abortion pill reversal services, prenatal care for her healthy baby, financial support, housing support and emotional support.
- Heidi Matzke
Person
Shannon is one of 177 women in the last two years who was denied care at Planned Parenthood because they would not choose an abortion and then came to alternatives for comprehensive medical care. Kelly was told by Planned Parenthood that abortion was her only option, but was never educated on the different procedures or how they would impact her long term. They provided her with five abortions, and it was years before she found healing through post abortive classes offered for free.
- Heidi Matzke
Person
At Alternatives Pregnancy Center, Ariane was pregnant, struggling with addiction and homelessness. Alternatives provided comprehensive care and housing for her. Now she has a healthy daughter, has recovered from her addictions and is mentoring other women. After living as a man, choosing to detransition, Jess sought us out a place that wouldn't shame her, but instead provided the gynecological care she needed as a woman would the medical team and staff of Alternatives Pregnancy center please stand right now. Who was there for these women who needed comprehensive medical care?
- Heidi Matzke
Person
Who was there when they wanted to practice their full right to choose? Alternatives Pregnancy center was the licensed medical facility that was there for every one of them, as many pregnancy centers throughout California are, I am grateful for our God who has made the work of alternatives possible, for we love because he first loved us. Now that the facts and the truth have been presented, you must recognize that this Bill seeks to discredit the very facilities that women deserve to have access to.
- Heidi Matzke
Person
So I'm asking you to respectfully oppose AB 710.
- Jim Wood
Person
Okay, thank you. Please, no applause. And we don't know, no expressions one way or the other. No applause, no booze, no anything. So thank you. Next witness, please.
- Unidentified Speaker
Person
My name is Atoria Foley, mother of a daughter born after two successful abortion pill reversals. I stand here today in full opposition of Bill AB 710, AB 710's manipulative verbiage begins with describing pregnancy care clinics as fake, intentionally misleading, even going far enough to state that pregnancy care centers shame pregnant women. In all actuality, I would describe my experiences with Planned Parenthood as fake, shameful, and intentionally misleading.
- Unidentified Speaker
Person
AB 710 also claims that those seeking abortion services are derailed by the number of pregnancy centers in California. Yet here in downtown Sacramento, two Planned Parenthood locations sit a mere eight minutes apart. There is no shortage of abortion accessibility in California as a result of the openly biased and disprovable statements used in Chiavo's summary of AB 710, the deceptive nature behind this Bill is revealed immediately, refuting the claim that, quote, accurate and unbiased information would be distributed through this campaign.
- Unidentified Speaker
Person
Instead, what AB 710 will accomplish is the intentional swaying of a vulnerable population of women and men towards seeking abortion services through limited and biased information. Misinformation. Misinformation that holds the power to end the life of an unborn baby, a child whose life may be preserved if their mother has full access to comprehensive medical care, as I received at Alternatives Pregnancy center and truth regarding abortion. Truth such as the validity behind abortion pill reversals. Truth that a reversal does not harm a developing baby.
- Unidentified Speaker
Person
Truth that my daughter is a living testament to after two attempted abortions and two successful reversals within one pregnancy. A truth that AB 710 seeks to silence. It is absolutely crucial that people receive unbiased care and information when considering abortion, including information about reversals at Planned Parenthood. I did not receive that. As I sat in fear and regret asking how to reverse my abortion, I was told that I safely could not. That was a lie.
- Unidentified Speaker
Person
I found myself repeatedly apologizing to the nurse as she increasingly grew in her annoyance. Annoyance at my hesitancy, annoyance at my tears, annoyance about my questions about abortion, pill reversal. I look back on myself that day, and I am saddened at who I was. I was scared, sad, lost and afraid to speak up for myself. But I am no longer that version of myself today. And today I will not be afraid to speak up. I will speak up for women in my past shoes.
- Unidentified Speaker
Person
I will speak up for God, the author of Life, to speak up for those who cannot yet speak for themselves. Lastly, I will speak up for what is wrong. And AB 710 is deceitfully, intentionally wrong. It is my hope that you will speak up and stand with me in opposition. Thank you.
- Jim Wood
Person
Thank you. Are there others in opposition? So just your name and organization if you represent one.
- Unidentified Speaker
Person
Sophia Laurie with young women for America, California Family Council, and relative to a woman who was lied to by planned parenthood.
- Jim Wood
Person
Just your name and position, please.
- Unidentified Speaker
Person
Pastor Brandon Campbell with the California capital connection for Independent Baptist churches. In opposition. Thank you. Shannon Gale. I'm a mother, and I'm in strong opposition.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Susan Goslin. I'm a nurse practitioner at alternatives Pregnancy center, and I strongly oppose. Thank you.
- Unidentified Speaker
Person
Hi, I'm Jess Rose. I was born a woman, transitioned to male and identify now as a woman. And I oppose this Bill. Thank you.
- Unidentified Speaker
Person
Arianne Clark, resident of California and a mother. I oppose this Bill. Thank you.
- Unidentified Speaker
Person
Lisa Eichinger, Alternatives Pregnancy center. I strongly oppose this Bill.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Alina Vancouver, a sac state student, and I oppose this Bill.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Diana with alternatives Pregnancy center. As a licensed phlebotomist, and I strongly oppose this Bill.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Rebecca Lathrop, with alternatives Pregnancy center. And I oppose this Bill. Thank you.
- Unidentified Speaker
Person
Nellie Vasilkov with city Bible. And I oppose this Bill.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Nikki Detner. And I oppose this Bill.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Aksana Pisariva, registered nurse, strongly oppose this Bill.
- Unidentified Speaker
Person
Thank you.
- Unidentified Speaker
Person
Charlene Bellamide, a phlebotomist and mother of five. I oppose this Bill.
- Jim Wood
Person
Okay, thank you.
- Unidentified Speaker
Person
Dr. N. Almanji Obijivayn. I strongly oppose this Bill. I'm a medical Director of Alternative Pregnancy center.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Rainy day Garcia, Alternatives Pregnancy center. And I oppose this Bill. Thank you. Hello, Committee. My name is Robert Bird. I'm a Bay Area resident, political independent. And I urge you to vote no on this Bill. Thank you.
- Unidentified Speaker
Person
Thank you, chair and Members. My name is Jonathan Keller, President of California Family alliance, also speaking on behalf of the California Southern Baptist Convention. And there are 2000 churches respectfully opposing the Bill. Thank you.
- Unidentified Speaker
Person
Anne Bray Dean, representing 45 day, 40 days for life. And I strongly oppose this Bill.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Kelly Bradford, multiple post abortive woman. And I oppose this Bill.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
I'm Olga Herman. Reverend Olga Herman.
- Unidentified Speaker
Person
I'm with JC Resource center and I represent life teams and the Prayer Council of the United States. And I oppose of this Bill. Please.
- Unidentified Speaker
Person
Thank you, Greg Burt with the California Family Council in strong opposition. Thank you.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Amy Sherchlick, volunteer at Sarah Pregnancy plus health in Roseville. And I strongly oppose this Bill.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
JC Carpenter, and I am a founder of life love leader with 40 days. For life and three time post abortive woman. I staunchly oppose this Bill. Thank you. Bob Simmons with alternatives and adoptive father. I strongly oppose your Bill. Thank you. Dr. Vanson Wong, Obgyn, in opposition to this Bill. Thank you.
- Unidentified Speaker
Person
Jackie, the street preacher of Kingdom Roar. And I strongly oppose this Bill as an adopted daughter.
- Unidentified Speaker
Person
Thank you. Anyone else? Clifton Billings, 74 year old Vietnam veteran, born FDA microbiologist. I strongly oppose this Bill. Thank you. Seeing no one else, we'll bring it back to the Committee. Questions or comments? Dr. Weber.
- Jim Wood
Person
Thank you to the author and to the opposition and to the supporters. I actually had not planned on speaking on this Bill, but the statements from the opposition has compelled me to speak and to ask a few questions. Are your physicians board certified and Members of ACOG?
- Heidi Matzke
Person
Yes, they are.
- Jim Wood
Person
So do you align your principles and policies with the American College of Obstetrician Gynecologists?
- Heidi Matzke
Person
Our policies and procedures? I would have to ask them for that.
- Akilah Weber
Legislator
Okay, well, I'm looking at them in the audience and they're not saying anything. So what randomized control trials have validated the abortion pill reversal services?
- Heidi Matzke
Person
I don't know that there has been. I know that the FDA, there was a trial that was being done in Southern California, but I don't know how that trial ended. What I do know is for the last four years, alternatives pregnancy center has been doing abortion pill reversal services and there have been at least 100 women who have had babies as a result of it.
- Akilah Weber
Legislator
Have you put those into actual, like a paper or an article or peer review so that it could be evaluated?
- Heidi Matzke
Person
No, I have not.
- Akilah Weber
Legislator
All right. And the reason why I ask is you've said a lot about abortion pill reversal services. There was testimony that was very moving about the fact that you had not been counseled on that as a possibility. And I am an Ob GyN and a Member of ACOG and I'm board certified. And ACOG states, facts are important, which is true. Medication abortion reversal is not supported by science. Facts are important, especially when it comes to policies and discussions that impact patients claims regarding abortion reversal.
- Akilah Weber
Legislator
Treatments are not based on science and do not meet clinical standards. The American College of Obstetrician and Gynecologist ranks its recommendation on the strength of evidence and does not support prescribing progesterone to stop medication abortion. A 2012 case series reported on six women who took mifristone and were then administered varying doses of progesterone. Four continued their pregnancies. This is not scientific evidence that progesterone resulted in the continuation of those pregnancies. These case control series with no control groups are among the weakest form of medical evidence.
- Akilah Weber
Legislator
Can I ask a question?
- Akilah Weber
Legislator
A 2020 study intending to evaluate medication abortion reversal in a controlled IRB because the initial one was not IRB approved, the initial one that had six people, the study was not supervised by an institutional review board, IRB, or an ethical review Committee required to protect human research subjects, raising serious questions regarding the ethics and scientific validity of those results in 2012.
- Akilah Weber
Legislator
So a 2020 study intending to evaluate medication abortion reversal in a controlled IRB approved setting, that's probably what you were referring to a couple of years ago, was ended early due to safety concerns among the participants. So I ask if your practitioners are Members of ACOG, are board certified, and align their policies with ACOG, because this is important if patients are coming to you or your facilities, wherever they may be, in a very vulnerable state. Right? Pregnancy, sometimes it's a surprise for people.
- Akilah Weber
Legislator
There's a lot of different emotions going on. It's extremely important that they are counseled properly on medically found information.
- Heidi Matzke
Person
As an OBGYN Doctor, what would make you not want to allow a woman to have a second chance at life to save her baby as that has happened time and time and time again at alternatives?
- Akilah Weber
Legislator
As a physician, all physicians went to save lives. That is what we go to medical school for.
- Heidi Matzke
Person
Why would you be in opposition to what we are doing?
- Heidi Matzke
Person
This is not a back and forth.
- Akilah Weber
Legislator
So that is what we go to medical school for. That is what we do our residencies for. And for those of us who go on, like myself, to do a fellowship, to do extra training, that's what we do it for. We all want to save life, but we also know that we have to provide correct information and not factual information. So I wholeheartedly support your Bill.
- Akilah Weber
Legislator
I was not going to speak today, but learning what is being put off as factual information is very concerning and very disappointing. Not only as an obgyn, but as a woman and a mother of two children. If I went to one of your centers and was given this factually, medically incorrect information, I would be very upset. Thank you.
- Jim Wood
Person
Thank you. Anyone else? Mr. Patterson?
- Joe Patterson
Legislator
Thank you. First, I want to say I have a great deal of personal respect for the author of this Bill, and I did warn her last night that I have a different perspective on this particular topic. I want to thank the moms and the beneficiaries of these services and the medical professionals that are here because of conversations like this. I think crisis pregnancy centers have wrongly been targeted for violence. These centers have had to shut down because of security concerns. I'm thankful for these centers.
- Joe Patterson
Legislator
I'm not a scientist. I can't really debate the reversal medication situation. I really don't know. All I know is I've met a lot of these women and these families that have benefited from their services, and I take complete offense to calling them fake health centers. I take offense to you calling the licensed doctors, the nurses, and other medical professionals as fake.
- Joe Patterson
Legislator
The women who had abortions and have gone through these centers and have used services of Planned Parenthood and the crisis pregnancy centers, and attacking them is not appropriate. It's false. They cannot provide data with whomever they want.
- Joe Patterson
Legislator
Just heard a Bill in privacy just now where I serve as the Vice Chairman, and there's actually legislation up right now to make California's already strong privacy laws that are landmark legislation, even stronger to protect women who are coming in from out of state and deciding have an abortion here. And so it's not accurate to say that they can share personal information, and if they're doing that, that's a violation of already existing law. You just described an example of situation in reading.
- Joe Patterson
Legislator
I don't know anything about it. I tried to Google it, couldn't find anything about it. But let's assume it's true. And it sounds like to me if it was shut down, that the law took care of it. There are bad actors in a lot of fields of study, a lot of different kind of situations.
- Joe Patterson
Legislator
And I'm not going to paint a broad brush, but very soon I'm going to an event in my district with literally hundreds of families that are going to be supporters of one of these centers in my district. And it isn't because they're fake. It's because they're actually benefiting my community and women who've benefited from this service. And so I wrote my comments as I was sitting here listening to this, because I think the mischaracterization of these centers throughout the country has been really problematic to me.
- Joe Patterson
Legislator
I've seen what they've done. I've seen the women who've benefited from them. And if we want to have a discussion about the types of things that they can do, I think that that's fine. But this legislation, in my opinion, paints them with a broad brush, and I definitely cannot support this legislation as a result.
- Jim Wood
Person
Okay, thank you. Anyone else see? No one. We have a motion by Assemblymember Agar Curry, a second by Dr. Weber. Motion is to pass, as amended, to appropriations. Would you like to close up?
- Jim Wood
Person
Okay. You're still off.
- Pilar Schiavo
Legislator
It's like blinking at me.
- Unidentified Speaker
Person
I'm not touching it, and it's working. Yes.
- Unidentified Speaker
Person
Okay.
- Unidentified Speaker
Person
Okay.
- Pilar Schiavo
Legislator
So, thank you so much, chair and Members, and appreciate everyone's comments today and insights. I think the alternatives pregnancy center is not the norm. It is the exception. They are actually medically licensed, but it is rare, and the majority of them are not. And as we've heard today, even in the case of a licensed center, they're not providing medically accurate or factual information to people, even when they are here in front of a legislative body.
- Pilar Schiavo
Legislator
And I'm glad I didn't wear pink today, because we all know that's what abortion rights activists have been wearing and even visually confusing people. And I think it's emblematic of what's happening within these centers. This is simply a public information campaign. This is not restricting them in any way. It is making sure that anyone who is pregnant knows where they can get certain kinds of information. If they want factual information, medically based information about abortion, they should know where they can get it.
- Pilar Schiavo
Legislator
Right now, I happen to have the website from the Alternatives Pregnancy center, and this is what you find on their website, which talks about abortion. These are questions to ask yourself. Is abortion the right decision for me? Would I consider parenting or adoption? Will I regret having an abortion? Do I have a strong personal or religious belief about abortion? Would my family, friends, and partner support me in this decision? Am I feeling pressured to have an abortion?
- Pilar Schiavo
Legislator
Would having an abortion change my life in a negative way? Would I receive the support I need if I decided to parent a child now, I would not say that this is comprehensive of abortion information. When people are seeking information about abortions, and this is on their website, they're not even hiding this. So we are just suggesting and moving forward the idea that we need to make sure that people know solid information when it comes to what their options are around abortion.
- Pilar Schiavo
Legislator
If people want to keep their children and they provide the kinds of services they're talking about, that they want to keep that baby, fine. That's great. That's wonderful. And that should be clear. But it is not a place where you get a referral for abortion or real medical advice around abortion options. And that should also be clear. We should make it clear where you can get that information.
- Pilar Schiavo
Legislator
So when people are at this moment, when it is so hard, when it is such a difficult moment, for people to go and be shamed and confused and misled at that vulnerable moment, to me, is unconscionable as a mom who, I have two daughters, and I am very happy that I was able to choose when I had a baby at a time where I could support my daughter.
- Pilar Schiavo
Legislator
And I think that everyone needs to be able to make that decision on their own without pressure and shame and embarrassment. This is simply public information. And if what you're doing, you're proud of, this should not scare anyone and there should not be opposition to it, I respectfully ask for your vote. Thank you.
- Jim Wood
Person
Thank you. Mishava. The motion is do pass as amended, to appropriations. Madam Secretary, please call the roll. Wood, aye.
- Committee Secretary
Person
Wood, aye. Waldron? Waldron, no. Aguilar-Curry? Aguilar-Curry, aye. Arambula? Berner? Wendy Carillo? Flora? Vince Fong? Maienschein? Mccarty? Joe Patterson? Joe Patterson, aye. Rodriguez? Santiago? Villapudua? Weber? Weber, aye.
- Jim Wood
Person
It's three to two. We'll leave the Bill on call. Thank you very much. You have a second? You have an AJR? Okay, get started if you want.
- Unidentified Speaker
Person
Hello? They are. Go ahead. Whenever you're ready.
- Pilar Schiavo
Legislator
Okay, number two. So, chair Members, thank you so much. Happy to present AJR four, which is a joint resolution requesting the Biden Administration dissolve the Accountable Care Organization's, or ACO REACH program. The ACO REACH is the Biden administration's attempt to rebrand a Trump Administration global professional direct contracting model. This model was intended to further privatize traditional Medicare by enrolling millions of Medicare recipients in private direct contract entities, or DCEs, without consent.
- Pilar Schiavo
Legislator
Our nation's Medicare program has kept eligible seniors and people with disabilities from dying and out of poverty for close to 60 years by providing guaranteed health care. When first established, Medicare allowed patients to see a physician and accept Medicare and kept administrative costs at a minimum. Medicare, for example, has an administrative percentage of 4%, 2 to 4% versus insurance companies, which have administrative levels of around 16%. Since the mid 1960s, the Federal Government has increasingly used Medicare to pay private insurers.
- Pilar Schiavo
Legislator
In the 90s, it was called Medicare Part C and now often referred to as Medicare Advantage to administer our county's Medicare program. Many of the providers of the ACO reach are sometimes private equity firms and are rushing to exploit and undermine Medicare's solvency by over diagnosing and inflating billing practices. Privatizing Medicare funding has created a three hundred fifty-billion-dollar market, undermining Medicare solvency and putting critical care decisions for patients in the hands of insurance companies rather than medical providers.
- Pilar Schiavo
Legislator
California is most vulnerable because we house 27 of the 132 nationally approved ACOs. We are one of the states that has close to 20% of the nation's ACO reach providers. Joining me today, I have Dwayne Camp, state policy Director for California Alliance for Retired Americans, to testify and support, and also have two physicians here to answer technical questions if needed as well.
- Jim Wood
Person
Thank you.
- Dwayne Camp
Person
Can you hear me okay? Yes, we're good.
- Dwayne Camp
Person
Sorry.
- Dwayne Camp
Person
So, you're impacting me. Well, good afternoon, Chair Wood and esteemed Members of the Committee. My name is Dwayne Camp and I'm humbled to speak on our resolution. Today I have the privilege of working for the California Alliance for Retired Americans. We are a statewide nonprofit senior and disability advocacy organization representing over 1 million Members.
- Dwayne Camp
Person
Through our over 300 affiliated organizations, many of our Members are Medicare beneficiaries, and upon their enrollment, they made a conscious choice about their preferred model of care, traditional or fee for service, Medicare or Medicare Advantage or part C. In addition to deciding on which supplemental plans best fit their needs, over 6 million Californians have been faced with that same choice.
- Dwayne Camp
Person
And as this Committee is well aware, our state is on the precipice of the largest demographic shift in history, as older adults and seniors are projected to comprise at least 25% of California's population by 2030. For nearly 60 years, Medicare has provided health care coverage to tens of millions of Americans. However, in the last decade, Medicare incurred billions of dollars in overpayments to Medicare Advantage insurers.
- Dwayne Camp
Person
As a result, in part of the proliferation of privatization in Medicare and through the systematic exploitation of Medicare advantages loopholes such as risk score gaming and upcoding, these overpayments are consequential as models project, the Medicare Hospital Insurance Trust Fund is projected to hit insolvency as early as 2028. Direct contracting, now rebranded as ACO REACH under the Biden Administration, automatically aligns or enrolls traditional Medicare beneficiaries into an ACO, an accountable care organization based on their physician's affiliation with an existing ACO network.
- Dwayne Camp
Person
These ACOs essentially operate as a managed care plan, most backed by private insurers, many of which are investor controlled. Additionally, under the REACH program, ACOs are only required to spend as little as 60% of their Medicare payments on patient care, leaving the remaining 40% to keep s profit and or cover Administration and overhead. By comparison, traditional Medicare spends 98% of its funds on patient care, and Medicare Advantage is required through the ACA to spend 85% on patient care.
- Dwayne Camp
Person
2.1 million Americans have been aligned into ACO REACH thus far, and while CMS has indicated program expansion is momentarily capped, we have Members who are receiving 30-day notices about their reach alignment as recently as March of this year. Once enrolled, the only way for a beneficiary to remove themselves from a REACH program is to change primary care providers. And in closing, ACO REACH is the pathway to privatize the entire traditional Medicare population.
- Dwayne Camp
Person
Private equity groups are racing to invest in primary care practices and health plans. In fact, over about over the last 15 years, Medicare Advantage plans have been the most popular form of health insurance startups. But Cora is not alone in her condemnation of this program. Members of Congress, including prominent leaders from California's congressional delegation, advocacy organizations and others, have expressed their opposition to ACO REACH.
- Dwayne Camp
Person
And while CMS has taken steps to address some of the concerns, removing a few bad actors or insurers with a documented history of Medicare abuse doesn't solve the programmatic flaws in REACH's design, nor does it address the substantive concerns about consumer choice. ACO REACH threatens to undermine the great work of this Legislature to improve access, affordability and quality of health care. Traditional Medicare, which remains the most popular cost-effective healthcare program for seniors, deserves and requires us to protect it.
- Dwayne Camp
Person
And we should be taking steps to ensure we are hitting our solvency numbers and that every senior or sorry, as every californian ages in this state, that they have equitable access to Medicare, traditional Medicare, or at least be able to direct their choices for Medicare coverage. Thank you. And with me, sorry to clarify, we have Debra and Mark Dolman, who are from Napa, and they have been aligned into an ACO.
- Jim Wood
Person
Thank you. Okay, others in support.
- Jim Wood
Person
I'm sorry, I was confused. I thought we just had one witness speaking. So he went well, over time.
- Pilar Schiavo
Legislator
They were just asking if they should speak in support.
- Jim Wood
Person
Oh, yeah. Absolutely.
- Unidentified Speaker
Person
I'm Deborah Dahlman and I represent physicians for National Health program, Healthcare for all California and Healthy California now coalition. We are all in solidarity with Cara and we strongly support AJR four, as I'm directly affected by ACO Reach. I'm also available for questions.
- Unidentified Speaker
Person
Yeah.
- Jim Wood
Person
Okay, yeah. And just a name and position.
- Jim Wood
Person
Mark Dahlman. I'm with healthcare for all California in strong. You. Thank you. Anyone else? Is there any opposition to the Bill? It's an AJR. It's not a resolution. No one. Bring it back to the Committee for questions or comments. I think there was a motion by Ms. Aguiar-Curry. No questions or comments. I will second. The motion does enjoy AB adopted recommendation. Would you like to close, Ms. Schiavo?
- Pilar Schiavo
Legislator
Thank you so much and encourage an aye vote. Thank you.
- Jim Wood
Person
Okay. Thank you. Madam Secretary, please call the roll.
- Committee Secretary
Person
Wood? Aye. Wood, aye. Waldron? Waldron, aye. Aguilar-Curry? Aguilar- Curry, aye. Arambula? Berner? Wendy Carrillo? Flora? Vince Fong? Maienschein? McCarty? Joe Patterson? Rodriguez? Santiago? Villapudua. Weber? Weber, aye.
- Jim Wood
Person
Okay, thank you. That's 40. We'll leave the Bill or the AJR on call. So thank you. Thank you very much. Mr. Lowenthal, you're up next. Mr. Lowenthal has AB 907.
- Unidentified Speaker
Person
Thank you.
- Josh Lowenthal
Legislator
Mr. Chair. And Members, I am pleased to present AB 907, which requires a healthcare service plan, contract, or health insurance policy issued, amended or renewed on or after January 1, 2024, to provide coverage for treatment of pediatric autoimmune neuropsychiatric disorder associated with streptococcal infections, or PANDAS, pediatric acute onset neuropsychiatric syndrome, or PANS, prescribed or ordered by a provider. PANDAS and PANS are inflammatory diseases of the brain that result in sudden onset, devastating behavioral and neurological dysfunction that usually occur after a triggering infection.
- Josh Lowenthal
Legislator
These disorders are thought to be caused by autoantibodies generated after the infection that mistakenly attack the brain. Antibiotics and oral antiinflammatory medication help most children, but a minority need stronger immune modulating treatments, such as intravenous immunoglobulin or IVIG. I always screw that up. Sorry.
- Josh Lowenthal
Legislator
Despite published PANDAS and PANS' treatment guidelines that established the standard of care in 2017, 6 years ago, insurers have continued to adhere to their own policy statements forbidding authorization of immune focused treatments like IVIG, and as a result, treatments are routinely denied without routine consideration. When a prescriber or a family appeals, insurers typically uphold their denial, claiming, quote, a lack of medical necessity or that, quote, the treatment is experimental. Unfortunately, most reviewers working for insurers lack experience in this complex, uncommon, and devastating disorder.
- Josh Lowenthal
Legislator
A typical delay in receiving IVIG due to insurance denials is usually measured in months, if not years. Meanwhile, most PANS and PANDAS sufferers cannot attend school or require intensive academic accommodations such as home hospital school. They may be hospitalized medically or psychiatrically, resulting in more cost and unnecessary suffering as a result of delays in treatment. Individuals suffering from PANS and PANDAS may accumulate permanent neurological damage. Their parents are often unable to work and may require state unemployment or family medical leave benefits.
- Josh Lowenthal
Legislator
Children lucky enough to have parents with the financial wherewithal to pay out of pocket or the savvy and persistence necessary to battle the protracted appeals process typically recover well with the appropriate treatment. Yet families who lack these resources often endure financial ruin, possible child abuse allegations, police quote unquote wellness checks that go awry, and even suicides.
- Josh Lowenthal
Legislator
This last tragic fact has led to the establishment of the pond brain bank at Georgetown University, where the brains of three deceased young PANDAS and PANS patients are now contributing to scientific knowledge. Community physicians are often reluctant to treat this disorder due to its intensity, its complexity, its relative rarity. With the added burden of lengthy insurance appeals, the pool of willing treating physicians shrinks even further. In addition, insurers often restrict and delay access to out of network specialists with experience and expertise in this illness.
- Josh Lowenthal
Legislator
This Bill seeks to alleviate these barriers by directing insurers to follow treatment guidance put forth by University level multispecialty experts in the field. As indicated in the CHBRP analysis and reflected in the Committee analysis, the increase to total net annual expenditures if AB 907 were enacted is relatively low, constituting a .002 increase for enrollees with DMHC regulated plans.
- Josh Lowenthal
Legislator
With regard to the conclusion in the CHBRP analysis that the evidence of the efficacy of treatments is insufficient or inconclusive, I will say the following we are fortunate that PANDAS and PANS are relatively rare.
- Josh Lowenthal
Legislator
However, that means that there are not many individuals who will require the treatments that are commonly prescribed for these disorders, and unfortunately, that means that the sample sizes are very small and as a result, there is not much data available on the efficacy of the commonly prescribed treatments, but that does not mean the treatments are ineffective. Additionally, and perhaps most importantly, because this is usually a pediatric diagnosis, there is not the same drug or treatment trial data available as there typically would be for adults.
- Josh Lowenthal
Legislator
This, combined with the limited occurrence or rarity of these disorders, make it difficult to provide conclusive evidence. However, from the perspective of the pediatricians and physicians who are treating kids with PANDAS and PANS, the treatments are extremely effective and the earlier they receive treatment, the better the outcome for these patients. Early and expedient access to the treatment is crucial to the effective treatment of pandas and pans.
- Josh Lowenthal
Legislator
In order to avoid the debilitating symptoms, potentially permanent neurological damage, and sometimes fatal outcomes associated with these disorders, AB 907 will ensure that individuals and families who are confronted with these disorders do not experience unnecessary delays in treatment that can lead to disastrous and tragic outcomes. I am very pleased to be joined by constituents, stakeholders of the 69th, April Renee and Dr. Tempeh Chan, who are here to testify in support of AB 907.
- April Ronay
Person
Hi, I'm April Rone. Thank you for allowing me to speak. My beautiful son Aiden was a healthy, vibrant eight year old when he got pneumonia nine years ago. He woke up a completely different child. Afterwards, suddenly consumed by OCD, hallucinations and extreme separation anxiety. He couldn't leave the house or play. He raged and threw things at his baby brother. He stopped sleeping, refused to eat, and couldn't do any schoolwork. What happened to my son? Four months later, Aiden was diagnosed with PANS.
- April Ronay
Person
He started antibiotics and in days we had our son back. For years, his occasional flares were managed with antibiotics, steroids and nsaids. Unfortunately, at the age of 14, a simple flu plunged Aidan back into severe PANS. This time, antibiotics didn't work. He lost all quality of life, and I stopped teaching to become his caretaker. Desperate, we found specialists from our local children's hospital and UCLA. My son's new doctors, gravely concerned, prescribed IVIG, which is a standard of care for more severe pans, according to published guidelines.
- April Ronay
Person
That is why we were shocked when our insurance denied Ivig, saying it was not medically necessary. Two years into this horrible flare, Adam was hospitalized for severe stomach pain. By now, he was 16 and still waiting for treatment in the hospital. Aidan finally received IVIG with immediate relief. His Doctor called his recovery miraculous and recommended another infusion to solidify gains. We were asked to keep a journal of Aidan's improvement for proof of positive outcomes. I journaled as he began to eat again, gaining weight.
- April Ronay
Person
His joints stopped aching. He slept through the night. Anxiety, OCD and short-term memory loss melted. My entire family started to heal until we opened another denial letter, this time claiming IVIG as experimental. Sadly, my son's health began to deteriorate from the inability to get medicine. Our task of documenting Aidan's miraculous recovery turned into the heartbreak of documenting his decline. Months later, I got a letter saying IVIG had finally been approved. No explanation was given.
- April Ronay
Person
By now, our son had unchecked brain inflammation for two years, three months, and 24 days. Today, Aidan is 17. He is 80% healed. With Ivig and I can finally return to work. But the 20% he lost to insurance delays left a mark. He has fatigue like never before. He now needs therapy for residual OCD and tutoring. Paid out of pocket. The consequences of denials are tremendous. Families choose between paying their bills and their children's health. Desperate, some families sell homes to buy medicine.
- April Ronay
Person
Some just lose their children forever. Enough PANS children have committed suicide that there's a brain bank at Georgetown to study kids like Max Wallace. Max killed himself the day before Christmas 2016 while waiting for treatment. He was just 13. Right now, 10 states have laws like AB 907. A dozen more states introduced bills this year alone. Meanwhile, California families still can't access lifesaving medicine, despite having two leading PANS clinics, UCLA and Stanford. It's time for California to protect its children.
- April Ronay
Person
On behalf of all California families impacted, I respectfully urge aye on AB 907.
- Tempe Chen
Person
Good afternoon. My name is Dr. Tempe Chen, and I'm a practicing pediatric infectious disease physician at Miller Children's and Women's Hospital in Long beach. Treating California kids with pandas and pans, which are forms of autoimmune encephalitis. When pans strikes, a child's brain is attacked by misguided antibodies. Overnight, a child can be devastated by what looks like psychiatric disease, with the illness destroying an entire family's ability to function. I am the only Doctor treating PANS at my hospital. Others are uncomfortable managing the complex disease.
- Tempe Chen
Person
While many will turn away these patients for another reason, they've encountered too many insurance denials, and it's awful facing desperate families with our hands tied. Large randomized trials are not possible when a disease is rare. We have eight small trials showing great benefit and one small, flawed trial showing none. In treating PANS, I follow the published expert consensus guidelines, establishing standard of care that were developed by experts from the NIH, Stanford, Harvard, Georgetown, and other academic centers of excellence.
- Tempe Chen
Person
Yet almost every request for IVIG gets denied. Insurers shamelessly post IVIG policies, claiming it's not necessary for PANS. I spent hours on the phone citing the treatment guidelines to insurance representatives with no experience in this field. I sent in reams of appeals paperwork, to no avail. The only way to get an approval is to endure multi-level rote denials, then file a grievance with regulators like DMHC. Most recent DMHC decisions overturn the IVIG denials. So why do insurers deny this important treatment?
- Tempe Chen
Person
According to a recent ProPublica report last month, Cigna knows that only 5% of denials are appealed, and insurers are banking on families to simply give up. I've seen the dramatic recoveries from IVIG. I fear that the lack of coverage may result in permanent harm to young, developing brains. Keeping a kid in special ed or locked in a psych Ward while their caregiver parents can't work is much more expensive than just treating promptly and correctly.
- Tempe Chen
Person
Right now, only the most educated, persistent, and wealthy families get the medicine they need. We don't need a research study to prove that health care inequity and societal damage is happening here. This Bill would save California money. Even CHBRP's estimates, which ignore societal cost, figure that AB 907 would increase insurance premiums by zero point 16%, less than $0.01. Giving a Pans family the chance to rejoin productive California society is truly priceless, and the choice is crystal clear to me.
- Tempe Chen
Person
In desperation, I've referred patients to UCLA, thinking they'd have better success with insurance. But they don't either. I'd like to read a statement from my colleague at UCLA, rheumatologist Dr. Patrick Whelan. I care for almost 400 families with pans from all over California. Time is of the essence in treatment, and the situation is dire.
- Tempe Chen
Person
Anguished parents with screaming children sit in my office day after day, and it's agonizing for families and providers locked in a relentless battle with insurers for months over treatments that often bring rapid relief. California kids deserve the legal protections that already exist in 10 other states, not unconscionable delays. A dozen more states have introduced PANS bills this year, and it's clear that the situation will not improve without AB 907. Please help me heal these struggling children. Thank you.
- Unidentified Speaker
Person
Thank you, others in supporting my name is Sherry Strollson. I'm a mom of a PANS child, and I strongly support AB 907.
- Jim Wood
Person
Thank you.
- Angela Tang
Person
My name is Dr. Angela Tang. I'm an adjunct Professor with Stanford PANS Clinic. I urge you to support AB 907.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
My name is Riley Spray. I have PANS, and I strongly support this Bill.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
My name is Rachel Spray. I'm a registered nurse and a mom. My daughter was recently denied. IVIG. I strongly support this Bill.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Kevin Riley, father of a PANDAS child. I support this Bill. Thank you.
- Unidentified Speaker
Person
Jen Jobart, mother of two children with PANS. I strongly support AB 907.
- Unidentified Speaker
Person
Thank you. Hi, Danny Rone. I am a father. And for my son Aidan, I strongly support AB 907. Thank you. Paul Murphy. On behalf of the Alex Manful Fund, we support this legislation. Thank you. Thank you. Opposition to the Bill.
- Jedd Hampton
Person
Good afternoon, Mr. Chair and Members of the Committee. Jed Hampton, with the California Association of Health Plans here representing 43 health plans covering nearly 28 million lives. Regrettably here in opposition to AB 907 today, first want to take some time to thank the witnesses in support and the other witnesses here today. Obviously, it's a very challenging disease. We want to acknowledge that first and foremost, as I mentioned, PANDAS and PANS is very challenging to definitively diagnose.
- Jedd Hampton
Person
It's a very controversial diagnosis, and there are not specific diagnostic tests to confirm a diagnosis for pandas or pans. And generally, Clinicians use different diagnostic processes to not only confirm a diagnosis, but also to rule out other conditions with similar symptoms, such as OCD and the like. As the Committee analysis points out, an ICD 10 code does exist for pandas.
- Jedd Hampton
Person
We want to acknowledge that under the definitions of disorders involving immune mechanisms, but generally speaking, national billing codes do not exist to reimburse for these specific services currently. In fact, this Bill requires the health plans to actually accept a different billing code for a different, albeit similar, condition in the absence of nationally recognized billing codes for pandas and pans.
- Jedd Hampton
Person
Ultimately, our concerns lie in the fact that the Bill would broadly require the plans to cover all treatments for these conditions without meeting the critical clinical and medically necessary guidelines set forth in current law, which is probably most concerning from our Members perspective. It would also prohibit health plans from imposing any limitations on the volume of treatments and alters benefit design by limiting cost sharing and copayments for these treatments.
- Jedd Hampton
Person
As you've heard previously, and we'll probably hear later, this is just one of 23 individual mandates that have been introduced this year. And while we will certainly acknowledge that this particular Bill is not the most expensive of mandates, we do have to look at these mandates cumulatively in terms of their total impact across the board. And just for context, Members. Last year, there were 13 mandates that were introduced in the Legislature last year that had a total cumulative impact of $1.5 billion in premium increases.
- Jedd Hampton
Person
So with 23 mandates, again, we do have to look at all of these in context, but do want to thank the author and the witnesses for being here today, but we are regrettably opposed to the Bill.
- Steffanie Watkins
Person
Mr. Chair, members, Steffanie Watkins, on the behalf of the Association of California Life and Health Insurance companies, we, too, are regrettably here in opposition. I think our hearts go out to those who are here today that have been impacted by this. Unfortunately, I think one of the things I'd like to highlight is the removal of the medical necessity standard. That's a ubiquitous standards that we see all through the codes that helps guide and direct those services that are provided to enrollees and insured.
- Steffanie Watkins
Person
And there is certainly a concern by our members to set a precedent to remove that standard from this. So, for those reasons, unfortunately, we are opposed today. We look forward to continuing conversations if this Bill moves forward today.
- John Wenger
Person
John Winger, on behalf of America's health. Insurance plans, to just echo the comments. Of CAP and ACLHIC. Anyone else in opposition say no to bring it back to the Committee. Any questions or comments? Dr. Weber.
- Akilah Weber
Legislator
Thank you so much to the author and to the families and to the physicians who've come to speak on this Bill and also to the opposition. You talked about the removal of the medical necessity. Is there any particular reason why that was not a part of this Bill?
- Tempe Chen
Person
Unfortunately, as the disease is rare and every patient is different, there's not one cookie cutter description or treatment plan for every patient. So one thing may be medically necessary for one patient and not as medically necessary for the other. So we tried to leave it broad because there is active, ongoing research into the condition and its treatments.
- Akilah Weber
Legislator
This is a tough one because I'm sure you can understand it's hard if there is no standard for medical necessity. It's hard to say that a provider is doing what he or she should be doing before going to another treatment. We have treatment guidelines, and if there is ambiguity there, it's also a little concerning because one child can get one treatment with someone and a completely different one with another provider. That's a little concerning for me.
- Akilah Weber
Legislator
But this is a very rare and very debilitating condition. And I understand what the health plans are saying, and I know that you've got a lot of bills. I've got one, too. But I think that if we don't do something, we can have long term devastating impacts, not only on the family, but the individual child. I usually like to go where the data goes, but in this situation, it is so rare and so devastating that I will be supporting your Bill today.
- Akilah Weber
Legislator
Thank you very much. Dr. Weber, I would like to comment.
- Jim Wood
Person
No, unless she's asked a question.
- Jim Wood
Person
I'm sorry.
- Jim Wood
Person
That's fine. Thank you, Ms. Waldron.
- Marie Waldron
Person
Thank you. As co chair of the Rare Disease Caucus, understanding the issue of rarity is something that we grapple with all the time. The number of studies, sample sizes.
- Marie Waldron
Person
Put up a barrier to trying to figure out, a, how many people are affected, b, what's the chance that this could be PANS or PANDAS? And we have to look to the providers that are familiar with it, because, as in rare diseases in General, there are a lot of providers who are not familiar with the signs. And sometimes it could take years and years to get a diagnosis. But looking at this, we're dealing with children, and any delays increase the risk of a long-term problem.
- Marie Waldron
Person
We can't conscionably say that we can delay treatment or in this case, prolong suffering.
- Marie Waldron
Person
We need to be sure that families, one of the things I've always felt as sitting on this Health Committee now for six years, that I want to be sure that every person, mom on Medicare or Medi-Cal who can't speak English can get the best treatments available for their, you know, if there's a treatment that the provider, in their knowledge, thinks could give relief, maybe not, maybe so, but in their experience could, I think we ought to be able to give them a try.
- Marie Waldron
Person
So, speaking as a mom, and I think it's important that we do so I'll be supporting the Bill today.
- Jim Wood
Person
I want to thank you, Mr. Lowenthal, for bringing the Bill forward, and thank your witnesses as well. Obviously, rare diseases pose real challenges in the delivery of health care, and oftentimes coverage lags significantly in catching up with that.
- Jim Wood
Person
I would note that, obviously, in our analysis, there are 10 states now, including that, mandating at least temporary coverage here, and none of those appear to be California, which is kind of shocking in many ways, considering the research and medical research and the facilities, the care we can actually provide in the state. So the Bill does enjoy a do pass recommendation. And I would just note to the opposition, yes, there were 23 mandate bills, but not all of those bills moved.
- Jim Wood
Person
So we will be far short of the $1.5 billion that scares the industry as bills move forward. And as such, I want to give you an opportunity now, Mr. Lowenthal, would you like to close?
- Josh Lowenthal
Legislator
Simply want to say thank you for the very thoughtful comments, Dr. Weber, Ms. Waldron and Mr. Chair really appreciate them and respectfully ask for your aye vote.
- Jim Wood
Person
Thank you very much. We have a motion by Ms. Aguirre Kirby, a second by Dr. Weber. Motion is do passed to appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
Wood? Aye. Wood. aye. Waldron? Waldron, aye. Aguilar-Curry? Aguilar-Curry, aye. Arambula? Berner? Wendy Carillo? Flora? Vince Fong? Maienschein? McCarty? Joe Patterson? Rodriguez? Rodriguez, aye. Santiago? Villapudua? Weber? Weber, aye.
- Jim Wood
Person
As 50. We will leave the Bill on call. Thank you very much. Mr. Rodriguez, are you. I don't see another author. Are you ready with your Bill? Okay, please go ahead.
- Jim Wood
Person
Thank you. Okay, you have AB 55 whenever you're ready, sir.
- Freddie Rodriguez
Person
Thank you, Mr. Chairman, Members, thank you for the opportunity to present AB 55, which create a workforce adjustment program which serves as a supplemental payment for ground ambulance transportation providers that provide their employees a wage increase. I would like to start by accepting the Committee's amendments to limit the state share of payment not to exceed 80% of the Medicare payment level benchmark. California provides approximately $110 per ground ambulance transport, which ranks 46 in the United States for Medicaid reimbursement.
- Freddie Rodriguez
Person
California has failed to provide medical base rate increases for ambulance services since the last increase in 1999. When adjusting the current rate for inflation and cost increases, the reimbursement rate should be about $60. This is about $60. In comparison, the national average is 260, Florida's rate is 200, Texas rate 300, and Arizona is 375. As you can see, California has fallen behind. Now it's time to sound the alarm because the loan reimbursement rate is threatening the stability of our emergency medical response systems.
- Freddie Rodriguez
Person
Providers are ending emergency and nonemergency contracts because of their inability to recruit employees, increasing expenses, and low reimbursement rates. As someone who spent over 30 years working as a first responder in emergency medical services, this issue is very personal to me. According to the Bureau of Labor Statistics, the median pay for an EMT is about $17 an hour, or 36,000 per year. That's less than some fast-food workers.
- Freddie Rodriguez
Person
Because of the low wage, my colleagues and I would regularly work multiple 24 and 12 hour shifts just to make ends meet. In fact, it took me about 25 years to start making about $20 an hour. As you can imagine, I miss birthdays, anniversaries and other family events to support my family. For that reason, I'm proud to author AB 55, which has the support of the providers and the labor unions who represent frontline essential workers. With that, let me turn over to my witnesses in support.
- Freddie Rodriguez
Person
Jimmy Pearson, President and CEO of Medic Ambulance Service and President of the California Ambulance Association, and Jimmy Webb, representative of the International Association of EMTs and Paramedics, SCIU Local 5000.
- Jimmy Webb
Person
Jimmy, Chairman Wood and Members of the Committee, good afternoon and thank you for the chance to speak today in support of Assembly Bill 55. My name is Jimmy Webb and represent EMS professionals across the State of California on behalf of the International Association of EMTs and Paramedics, SCIU Local 5000. I'm not only an EMS advocate, but I'm also a lifelong EMS professional.
- Jimmy Webb
Person
The Bill before you for consideration today, AB 55 presents the legislative body with the opportunity to impact the EMS profession across California in a monumentally positive fashion. The current version of AB 55 allows for a critical increase in revenue for private sector EMS providers, while also taking the historic step of guaranteeing these increased revenues would directly and positively impact the wages of all private sector EMS professionals.
- Jimmy Webb
Person
Today, EMS professionals employed in the private sector provide the vast majority of all EMS services in the State of California. Unfortunately, it has been well over a decade since this industry has seen support in the form of a reimbursement rate increase, resulting in the state reimbursing its private sector responders at some of the lowest rates in the US. When combined with the historic rising costs of doing business in 2023, California EMS providers are faced with a perfect storm of problems.
- Jimmy Webb
Person
I am proud to stand here in partnership with the California Ambulance Association and our private sector partners as we urge your support for AB 55. While it is true that our members historically fight with management, I can attest to that too in the public eye to gain fair wages and benefits in the workplace, today we are standing with them and asking for your help. The industry is at a tipping point and the time for acting together is upon us.
- Jimmy Webb
Person
By passing AB 55, we are guaranteeing that EMS providers can afford the resources they need to keep crews responding to patients in a safe and timely manner. This goes beyond wages and includes safe equipment, improved training and so much more. When our providers are properly reimbursed and funded, then our EMS professionals can reach fair contracts that help ensure the EMS system continues to thrive throughout the future.
- Jimmy Webb
Person
There's no downside to increasing the reimbursement rate for private sector providers in the same manner by which public sector providers have seen their reimbursement rates increase during recent years. Simply put, this is a promise to private sector first responders that their industry will be funded fairly and that their wages will be impacted positively as a direct result of swift legislative action. Our actions together today can help build the EMS industry we all deserve tomorrow. Thank you for the opportunity to speak today.
- Jimmy Pearson
Person
Thank you. Good afternoon, Chairman Wood and Members of the Committee. My name is Jimmy Pearson and I'm the President and CEO of Medic Ambulance Service. Medic was founded by my grandparents and uncle who immigrated to California from Italy in pursuit of their American dream. Medic started in a house on Nebraska street in Vallejo, California with four employees and two ambulances. Today, medic employs over 450 dedicated employees and operates over 100 ambulances that serve Solano, Sacramento, Yolo, placer, Napa, Sonoma and El Dorado counties.
- Jimmy Pearson
Person
I'm here today on behalf of the California Ammo Association, where I serve as the President to respectfully request your abode to support AB 55 and the thousands of private sector EMS workers who stand to benefit from this Bill, all of whom are chasing their American dream. AB 55 requires increased medical payments to improve EMS worker wages. This Bill directly impacts the lives of those who take care of our loved ones and in their time of need.
- Jimmy Pearson
Person
Private sector EMS workers provide about three fourths of all ambulance services in California and are called on to provide care and transportation to more than 10,000 times every day, often for unimaginable situations and in the worst conditions, possibly at the worst times of the day, EMS workers are truly the answer to a prayer. Imagine a job where every day, in most cases, someone is literally praying that you walk in the door and handle their difficult situation.
- Jimmy Pearson
Person
Yes, without a doubt, our EMS workers and our employees are heroes. Yet when they get their paycheck into the week, many EMS workers don't feel like heroes. They struggle to make ends meet on a meet on wages, and some are barely above minimum wage. This isn't how we should reward heroes. I love EMS. I love being a paramedic. I've been a paramedic for nearly 20 years and love being an EMS clinician like Assembly Member Rodriguez.
- Jimmy Pearson
Person
I have a deep, profound of appreciation for what EMS workers do and desperately want to see our industry across the board pay them what they deserve. The single greatest challenge we face is shamefully low Medi Cal reimbursement. Low medical reimbursement makes it difficult to recruit and retain EMS workers. It also puts at risk sustainability of the ambulance industry, especially the equitable delivery of services to rural and disadvantaged communities.
- Jimmy Pearson
Person
We have already seen several ambulance companies go out of business in recent years, due in large part to low medical reimbursement. Private sector ambulance providers have waited nearly a quarter century for an increase in medical reimbursement. We are probably the healthcare provider type that has waited the longest for an increase.
- Jimmy Pearson
Person
You may wonder how we've been able to survive in an industry, and it's because amazing workers like Jimmy right next to me and the ones that we have across our profession, they have worked smarter and harder to get the job done. Even when strained by Covid and responding to natural disasters brought on by climate change. I don't think we can reasonably ask them to work harder than they already have.
- Jimmy Pearson
Person
I respectfully ask you for your Committee to vote a for AB 55 so we can improve the wages and benefits for AMS workers. Thank you, sir. Thank you very much. Others in support of the Bill. So just your name and organization, please.
- Unidentified Speaker
Person
Priscilla Kudos. On behalf of the City of Santa Monica in support.
- Jim Wood
Person
Thank you.
- Christoph Mair
Person
Christoph Mair, with the American Federation of State, County, and Municipal Employees, in support.
- Unidentified Speaker
Person
Thank you, chair Members. Jonathan Feldman with the 911 ambulance alliance, in support. Thank you, Mr. Chairman. Michael Cohen, on behalf of medic ambulance, in support. Thank you. Brian Meter. Strongly support medic ambulance service thank you. Aaron Walden. Medica ambulance in support.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Shelby Hindel. Medic ambulance and I support thank you.
- Unidentified Speaker
Person
Kevin Simon. Medica ambulance. I support thank you.
- Unidentified Speaker
Person
Lisa Curley, Medica ambulance and I strongly support thank you.
- Unidentified Speaker
Person
Tom Argel. Alpha One Ambulance Medical Services, in support.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Michael Jones. Alpha one ambulance in support thank you. Michael Courtney. Westside Community Healthcare District, in support. Thank you.
- Unidentified Speaker
Person
Melissa Harris, President, CEO of Ambuserve Ambulance and I support thank you.
- Jim Wood
Person
Is there opposition to the Bill? Seeing none. We'll bring it back to the Committee. Questions or comments? Any questions or comments from the Committee? None. Is there a motion from the Committee? Motion by Dr. Weber. A second by Mr. Villapudua. Motion is do pass as amended to appropriations. Would you like to close, Mr. Rodriguez?
- Freddie Rodriguez
Person
I respectfully ask for aye vote. Thank you.
- Jim Wood
Person
Thank you very much. It does enjoy a do pass recommendation. I thank you so much for working with the Committee, Madam Secretary. Please call the role. Wood, aye.
- Committee Secretary
Person
Wood, aye. Waldron? Waldron, aye. Aguilar-Curry. Arambula? Berner? Wendy Carrillo? Flora? Vince Fong? Maienschein? McCarty? Joe. Patterson? Rodriguez? Aye. Rodriguez, aye. Santiago? Villapudua? Villapudua. Aye. Weber? Weber, aye.
- Jim Wood
Person
You have five votes. We'll leave the Bill on call, and I need to turn this over to our Vice Chair. I've got to go present a Bill and another Committee, so I will be back quickly. Thank you.
- Buffy Wicks
Legislator
We have item number 11, AB 1048, by Assembly Member Wicks. You may start when you're ready. Good afternoon, chair Members. First, I want to accept the Committee's proposed amendments and thank their staff for their work on this Bill. Even in a state that has embraced the Affordable Care Act, dental insurance plans have operated with much less oversight and regulation than full-service health plans.
- Buffy Wicks
Legislator
Regulatory exemptions have allowed dental plans to restrict patient benefits with arbitrary waiting periods, deny coverage of preexisting conditions, and increase patient premiums without increasing benefits. These exemptions critically hurt patients denied coverage due to or prevented from receiving meaningful value for their dental premiums. This is especially important as out of pocket expenses for dental services are continually on the rise. 16% in 2021 alone.
- Buffy Wicks
Legislator
And a new California Healthcare Foundation survey found that 38% of Californians have a family Member who skipped dental care last year due to high costs. As amended, AB 1048 will establish essential patient protections and create accountability through prohibiting large group dental plans from implementing arbitrary waiting periods on patients, prohibiting dental plans from denying claims related to preexisting conditions, and requiring an annual review of dental health plan premium rates.
- Buffy Wicks
Legislator
As you will hear shortly, the dental plans are opposed to my Bill saying that it would raise premiums by 45% to 80%, while an independent analysis of chiburp estimated that the increases would be between one and 4%. I've accepted the chair's amendments to exclude the individual and small group markets from the ban on waiting periods, addressing the primary driver of the estimated cost increase. Also, adding rate review aligns dental insurance with other types of insurance, including medical, homeowners and pet insurance.
- Buffy Wicks
Legislator
It is time for dental plans to be held accountable and to ensure consumers receive value for their premiums. If we can't regulate dental insurance the way we regulate other types of insurance, we need to stop calling and thinking of it as insurance. Testifying in support with me today are Dr. John Blank, President, the California Dental Association, and Jessica Moron, legislative advocate. California Dental Association respectfully asked for an I vote.
- John Blake
Person
Good afternoon chair and members. My name is Dr. John Blake. I'm a practicing dentist in Long Beach with 35 years of experience and currently serving as the President of the California Dental Association. I'm here today speaking on behalf of CDA and our 27,000 Members throughout the state in support of Assembly Bill 1048. Since the implementation of the Affordable Care Act, we've seen significant reform in health insurance plans with the elimination of waiting periods, preexisting condition clauses, and establishing a premium rate review process.
- John Blake
Person
However, dental insurance plans were largely left out of these provisions, which allows these plans to continue to operate with much less regulation than full-service health plans. Every day, my colleagues and I see countless patients forego care or have their claims denied due to lack of patient protections and transparency in dental insurance. Dental insurance plans still impose waiting periods on patients denying coverage for services such as fillings, root canals or crowns for six to 12 months, all while the patient is paying their monthly premiums.
- John Blake
Person
These waiting periods leave patients with two options, delay care until the waiting period is over and risk the condition getting worse or pay for the services out of pocket. Dental insurance plans also regularly deny claims for enrollees with preexisting dental conditions. This usually shows up when a dental plan will not cover bridges, dentures or implants for a tooth that was lost, either due to trauma or genetic reasons, before an enrollee enrolled in that plan.
- John Blake
Person
The most egregious example of this is a patient who needed to replace their dentures that had switched plans since they received their last pair years ago. The new dental plan refused to cover the pair of dentures since the patient was considered to have a preexisting condition, which happened to be having no teeth. These prohibitions and coverage beg the question as to the value of dental insurance plans. What are they actually providing to enrollees if they will not cover dental procedures when they are needed the most?
- John Blake
Person
AB 1048 would also require dental insurance plans to go through a premium rate review process. My colleagues and I have seen the value of dental plans to offer our patients continue to erode as dental premiums go up, while the annual maximum of the plan that we pay hasn't risen in decades and plans hold steady or even cut provider rates. As dentists, our ultimate goal is to provide quality care to all patients.
- John Blake
Person
If dental plans can deny coverage for arbitrary reasons, how can we provide the necessary care for our patients? We all know that the mouth is connected to and integral to the body. Thus, oral health care is interrelated to physical health. Dental insurance plans should recognize and support the prevention and maintenance of oral health and not dodge coverage through fixable technicalities. I respectfully ask for your iboat. Thank you.
- Jessica Moran
Person
Good afternoon Chairman, Members Jessica Moran here with the California Dental Association here as the sponsors of AP 1048. I'd just like to quickly wrap up our comments by saying that our opposition is going to come up here and likely say that dental plans cannot be held to the same standards as medical plans because dental is different.
- Jessica Moran
Person
Members, I'd like to ask instead as to why we continue to be okay with treating medical insurance differently than we treat dental insurance when we know how integral your dental health is to your overall physical health. We've seen how successful these patient protections have been on the medical side, and California has the opportunity, with this Bill to be the first state to implement, to start raising the bar on dental insurance and make sure that consumers are receiving real value for the premiums that they are paying.
- Jessica Moran
Person
I urge your aye vote today. Thank you.
- Jennifer Tannehill
Person
Thank you. Are there other witnesses in support? Please come forward. Name organization position good afternoon chair and Members Jennifer Tannehill with Aaron Reed and Associates on behalf of the California Dental Hygienist Association in support. Thank you.
- Carly Myers
Person
Good afternoon. Carly Myers on behalf of the National Health Law program in support.
- Assagai, Mel
Person
Good afternoon, Mel Assagai for the California Association of Orthodontists we didn't get our letter in, but we're in strong support. Thank you.
- Mari Lopez
Person
Good afternoon. Marty Lopez, California Nurses Association, in support. Good afternoon. Beth Bonoski with SEO California, in support.
- Christoph Mair
Person
Christoph Mair with the American Federation of State County and Municipal Employees in support.
- Unidentified Speaker
Person
Diamond Kim, on behalf of Children's choice, in support.
- Unidentified Speaker
Person
Good afternoon. Chair Members. Jose Torres with health Access California in strong support.
- Unidentified Speaker
Person
Nora Lynn with Children Now in support. Thank you. Any witnesses in opposition, please come forward.
- Unidentified Speaker
Person
Of the California thank you. Association of Dental Plans. We are in opposition today in spite of the comments made by the sponsors about the validity of dental insurance. We believe that we share the intention of both the sponsors and the author, which is to make sure that individuals have access to coverage. Access to dental insurance. Dental insurance is different.
- Unidentified Speaker
Person
We talk about it all the time in this Committee, and the measures in this Bill are levers that are used primarily in the individual market to keep the premium costs down and make sure that consumers who do not have employer sponsored coverage can still access dental services. So we very much appreciate that the author has taken the Committee amendments. We remain opposed to the Bill right now, but look forward to continuing conversations as the Bill moves forward. Thank you.
- Marie Waldron
Person
Are there additional witnesses in opposition? Please come forward.
- Unidentified Speaker
Person
John Winger, on behalf of America's health insurance plans, would just echo the comments at. Kathy, look forward to future conversations.
- Unidentified Speaker
Person
Faith Borges, on behalf of the California agents and health insurance professionals very appreciative of your agreement to take those amendments and look forward to reviewing the Bill in print.
- Unidentified Speaker
Person
Thank you. Preston Young from the California Chamber of Commerce here today in opposition to the Bill as it appears in print due to the cost-based concerns. Thank you.
- Marie Waldron
Person
Thank you. Do we have any comments, questions from the Committee? Seeing none. Ms. Wis, if you'd like to close disrespectfully, ask for an ivote. Thank you. Do we have a motion? We have a motion and a second. Madam Secretary. Please call the roll. The motion is do pass as amended to appropriations.
- Committee Secretary
Person
Wood. Waldron? Aye. Waldron, aye. Aguilar-Curry? Arambula? Berner? Wendy Carrillo? Flora? Vince Fong? Maienschein? Mccarty? Joe Patterson? Rodriguez? Rodriguez, aye. Santiago? Villapudua? Villapudua, aye. Weber?
- Marie Waldron
Person
Right now it's three - zero. Your Bill is on call. Thank you.
- Marie Waldron
Person
So going in order here, our next Bill, AB 1470, item 19 by Assembly Member Quirk-Silva. And you may proceed when you're ready.
- Sharon Quirk-Silva
Legislator
Good afternoon, Madam Chair and Members. First, I want to thank the Committee Consultant for all of her work on this Bill with my office and I accept the proposed Committee amendments. Members, AB 1470 is a result, or lack thereof, of an issue that has been raised for almost a decade, reducing the unnecessary paperwork burden to allow mental and behavioral health providers to concentrate on their primary mission, improving patient outcomes.
- Sharon Quirk-Silva
Legislator
In 2014, in lieu of a bill, the Department of Health Care Services and stakeholders agreed to a third-party review of the department's documentation requirements. In 2016, the report, based on a sample of six California counties, compared data to New York and Massachusetts statewide.
- Sharon Quirk-Silva
Legislator
Standardized documentation requirements in an effort to identify redundancies and methods that could be more efficient, was completed in its findings and recommendations released. There were a number of recommendations.
- Sharon Quirk-Silva
Legislator
However, not much has been done to reduce redundant and unnecessary paperwork so that providers can focus on minimum standards, meet audit requirements, and spend more time treating patients and families. Our vulnerable workforce depends on it.
- Sharon Quirk-Silva
Legislator
Because one of the primary reasons clinicians are leaving the public and mental behavioral health sector is excessive paperwork. AB 1470 requires DHCS to develop standard forms by January 1, 2024 relating to medical necessity criteria, mandatory screening, transition of care tools and documentation requirements for mental and behavioral health services provided under the Medical program.
- Sharon Quirk-Silva
Legislator
This includes specialty mental health services, non specialty mental health services, and substance use disorder services.
- Sharon Quirk-Silva
Legislator
It is time to stop kicking the can down the street. With me today to testify in support and answer any questions Committee Members may have is Al Rowlett, President of the California Council of Community Behavioral Health Agencies as well as, CEO of Turning Point Community Programs and Victoria Kelly, Chief Executive Officer of Redwood Community Services.
- Al Rowlett
Person
Thank you, Chair and Members of the Committee. Again, my name is Al Rowlett and I'm the President of the California Council of Community Behavioral Health Agencies, President and CEO of Turning Point Community Programs, an organization that is privileged to provide services in 10 Northern California counties.
- Al Rowlett
Person
I'm also a licensed clinical social worker serving in this field for over 40 years. Though the topic of reducing redundant and unnecessary paperwork is not the most exciting issue, it is necessary and important, and I enthusiastically ask for your support of AB 1470.
- Al Rowlett
Person
CBHA has long advocated, as said earlier, for the reduction of paperwork evening, supporting the Commission of a study in 2015 that found that it takes California clinicians five times longer to complete paperwork than clinicians in other states.
- Al Rowlett
Person
I estimate that clinicians at turning point at our crisis residential and urgent care programs spend 40% of their time, on average, completing paperwork. Many times, clients will refer to us to the other paperwork that they've already filled out and state, I've already answered these questions.
- Al Rowlett
Person
It's in my record. I appreciate the department's effort to improve the behavioral health delivery system through CalAIM, but California continues to grapple with severe shortages and mental health and substance use professionals, as stated earlier. It is time for transformation.
- Al Rowlett
Person
Burdensome and unnecessary paperwork prevents us from immediately ameliorating the crisis that many of the individuals that we're privileged to serve present us with, when we see them. I ask for your support of AB 1470.
- Victoria Kelly
Person
Good afternoon. Chair and Members of the Assembly Health Committee. I'm Victoria Kelly, Chief Executive Officer at Redwood Community Services, a multiservice organization serving individuals across the lifespan in rural Northern California, including Mendocino, Lake, and Humboldt counties.
- Victoria Kelly
Person
We provide mental health and substance use disorder services, foster care, housing and homeless services, and school based support. I am here today to urge your support for AB 1470 to streamline the documentation expectations throughout California's medical behavioral health system. Our current system is at a critical breaking point.
- Victoria Kelly
Person
This Bill will have beneficial effects on workforce retention and recruitment of qualified providers during an incredibly challenging time by reducing burdensome documentation standards on providers and increasing the focus on life changing services to our most vulnerable populations.
- Victoria Kelly
Person
In my organization alone, we witnessed too many of our providers leaving due to the overwhelming paperwork demands as opposed to the quality services and impact on their clients and communities.
- Victoria Kelly
Person
We too, estimate that the paperwork consumes 40% to 50% of our providers time and is even higher for multicounty providers such as ours, where each county behavioral health department have differing standards and interpretations.
- Victoria Kelly
Person
For example, our current assessment recently went from 14 sections to complete to 21 sections for a provider to complete. In substance use disorder residential services.
- Victoria Kelly
Person
We are going back to a daily note and a weekly note, which means a provider will have to complete eight notes per client per week instead of one note per client per week. All our providers say the same thing. We want to change lives. Providers want to engage in documentation that shows the impact of the work on the lives of their clients and families.
- Victoria Kelly
Person
They want to know that the time they are spending in their profession is first and foremost about direct client care that positively impacts and changes lives and is not ruled by documentation.
- Victoria Kelly
Person
We ask that you support AB 1470 to address a behavioral health workforce crisis and free up precious time and resources for providers to do what they do best, serve client needs, and empower communities for long term success.
- Marie Waldron
Person
Thank you. Thank you. Are there additional witnesses in support? Please come forward.
- Tom Renphrey
Person
Tom Renphrey, on behalf of the California Association of Alcohol and Drug Program Executives in support. Thank you.
- Rebecca Gonzales
Person
Rebecca Gonzales, National Association of Social Workers California Chapter in support.
- Adrienne Shilton
Person
Good afternoon. Adrienne Shilton with the California Alliance of Child and Family Services. Proud co-sponsor and support.
- Taylor Jackson
Person
Taylor Jackson with the California Primary Care Association in support.
- Amy Blumberg James
Person
Amy Blumberg, on behalf of the California Children's Hospital Association, in support.
- Corey Hashida
Person
Corey Hashida, on behalf of the Steinberg Institute, in support.
- John Drebinger Iii
Person
John Drebinger, California Council of Community Behavioral Health Agency. CBHA, co-sponsor and in support.
- Matthew Madaus
Person
Matthew Madaus, on behalf of Behavioral Health Collaborative of Alameda County in support.
- Marie Waldron
Person
Thank you. Are there any witnesses in opposition, please come forward.
- Lisa Gardiner
Person
Lisa Gardner with the County Behavioral Health Directors Association. We represent the leaders of the public behavioral health safety net in 58 counties and two cities. We have a position of concerns on this legislation.
- Lisa Gardiner
Person
We recognize, like everyone does, that over time, County Behavioral Health Agencies have been overburdened by paperwork that has led people to treat the chart rather than the patient. And we also agree that more should be done to put patients first.
- Lisa Gardiner
Person
However, we felt that this legislation did not reflect the significant work that's being done through the CalAIM program to reduce documentation that work is underway. We appreciate the amendments offered by the Committee and look forward to reviewing them and working further with the author. Thank you very much.
- Marie Waldron
Person
Thank you. Any other additional opposition? Seeing none. We'll bring it back to the Committee. Comments? Motion in a second. Would the author like to close?
- Sharon Quirk-Silva
Legislator
Just as we know time is precious and the belief that most of the time that a clinician is working with a patient should be working with the patient versus filling out paperwork. All of us have seen a doctor at some point and I know for sure. I noticed they're often typing away, putting in information as they're trying to treat the patient.
- Sharon Quirk-Silva
Legislator
And I know that is because of their responsibility to make sure paperwork is done, but I think the effort to really focus on the patient is very important. With that, I respectfully ask for an aye vote.
- Marie Waldron
Person
Thank you. We have a motion do pass as amended to appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Marie Waldron
Person
30. Your Bill is on call. Thank you. Thank you, Members.
- Marie Waldron
Person
Okay, next. In order, item 22. AB 1645. Assemblymember Zburr, please proceed when you're ready. Thank you.
- Rick Chavez Zbur
Legislator
Thank you Madam Chair and members of the committee. I'll start by extending my thanks to you and the committee's staff for your engagement on this bill, and I'd be happy to accept the committee's proposed amendments. Today, I'm proud to present AB 1645, which is sponsored by Insurance Commissioner Ricardo Lara, Equality California, APLA Health, Los Angeles LGBT center, and the San Francisco AIDS foundation.
- Rick Chavez Zbur
Legislator
About a month ago, you may have seen headlines about a federal judge in Texas who struck down national protections for preventive care benefits under the Affordable Care Act. While we do have protections in California, some of them are based on these federal protections. So there's concern now that this Texas case may put the federal preventive services requirements on which our state relies into peril.
- Rick Chavez Zbur
Legislator
Among other things, AB 1645 will codify in California law existing federal guidance to ensure that consumers can still access preventive care and all the necessary services for delivering that care without cost sharing, should this federal law ultimately be struck down on appeal. So this bill is about protecting Californians from the sweeping health care rollbacks we're seeing coming out of courts in Texas and elsewhere. Every Californian deserves access to preventive health care that is comprehensive, inclusive, and affordable.
- Rick Chavez Zbur
Legislator
Californians most affected by STIs include people of color, young people aged 15 through 29, LGBTQ-plus people, and people who use substances. Underlying these disparities is a lack of primary and preventive health care due to a range of factors, including family rejection, unemployment, homelessness, or lack of access to culturally competent local services and providers. Comprehensive, inclusive, and affordable preventive care is critical to identifying and addressing health challenges before they become serious, particularly for marginalized populations.
- Rick Chavez Zbur
Legislator
Our sponsors who are with me today have dedicated themselves for years to strengthening access to PrEP, a life-saving HIV prevention medication because they understand that comprehensive coverage for preventive health care is critical to maximizing utilization and preventing HIV. The same can be said for the other preventive care that falls under this bill.
- Rick Chavez Zbur
Legislator
Barriers to preventive care can force people to choose between preventing expensive and devastating health care problems before they occur because they have to pay money for something in which they're not ill yet and choose between doing that or putting food on the table for their families. In essence, this bill is about ensuring that low-income people have access to the same comprehensive and affordable preventive health care as everyone else. I ask for your aye vote at the appropriate time.
- Rick Chavez Zbur
Legislator
Today with me I have Josephine Figueroa, who is the Chief Deputy Legislative Director for the Department of Insurance, and Reina Hernandez, Associate Director of PrEP and HIV Navigation Services at the San Francisco AIDS Foundation. And to answer any technical questions you have, here is Jessica Ryan, attorney with the Health Equity and Access Office for the California Department of Insurance. Josephine.
- Josephine Figueroa
Person
Good afternoon, Madam Chair and members of the committee, Josephine Figueroa, Chief Deputy Legislative Director for the Department of Insurance, here on behalf of Insurance Commissioner Ricardo Lara. Commissioner Lara is a proud co-sponsor of AB 1645. First, I want to thank Assemblymember Zbur for authoring this important measure. AB 1645 would remove barriers to accessing $0 preventative care under the Affordable Care Act and add CDC-recommended screening for sexually transmitted infections to the list of preventative care benefits.
- Josephine Figueroa
Person
The incidence of STIs have been growing over the last 20 years and impacts historically disadvantaged communities, including people of color, youth, and the LGBTQ-plus community. By strengthening existing law and requiring STI screening to be covered without cost sharing, AB 1645 will improve health by identifying STIs and other illnesses early, allowing STIs to be managed more effectively and to be treated before they develop into something more complicated and debilitating condition. We also know that even small amounts of cost-sharing lead to reduced care.
- Josephine Figueroa
Person
Studies demonstrate that rising cost-sharing may worsen disparities and adversely affect health, particularly among patients living in low-income areas. Further elimination of cost sharing in preventative services was found to reduce disparities in accessing to it. AB 1645 eliminates loopholes that allow cost sharing for using recommended $0 preventative care benefits. Finally, it codifies certain federal guidelines for coverage of preventative services without cost sharing, which is particularly important given continued attacks on the ACA preventative services in federal courts.
- Josephine Figueroa
Person
Insurance Commissioner Lara has been committed to fighting for affordable health care and more equitable access to health services during his time in the California State Legislature and now as insurance Commissioner, he continues this effort. We must ensure that California can continue to provide fair and equitable access to branded care for all as potential continued changes by some federal courts may attempt to curtail access to these essential services. On behalf of Insurance Commissioner Ricardo Lara, I ask for your aye vote.
- Reina Hernandez
Person
Good afternoon. I would like to thank the Assembly Health Committee for allowing me to testify today in support of AB 1645. My name is Reina Hernandez and I'm currently the Associate Director of PrEP and HIV Services at the San Francisco AIDS Foundation where our mission is to promote the health and wellness of the communities most impacted by HIV and AIDS.
- Reina Hernandez
Person
We provide comprehensive free and HIV and STI testing, HIV treatment, PEP and PrEP, and I am here to express support for AB 1645 because I firmly believe that everybody deserves equitable access to no-cost-sharing, comprehensive preventative services, regardless of their race class, gender, or financial status, and ability to do so.
- Reina Hernandez
Person
AB 1645 would strengthen current state law and close loopholes to ensure that the people we serve, the LGBTQ community, youth, and communities of colors of color, have access to critical preventative care and STI screening, including all of the services and office visits that are necessary to deliver that care without cost sharing. By way of example, in our experience, office visits continue to remain as a roadblock for many of our privately insured clients who are using PrEP and accessing STI services.
- Reina Hernandez
Person
We serve over 20,000 individuals in any given year, and one-third of those individuals are privately insured. I would honestly like to think that the main reason why people come to our clinic is because we're LGBTQ-friendly. It's a judgment-free space and provider service delivery model and our harm reduction approach. But when we ask clients about their choice in providers, their response is almost the same as to why they come to us. Because I don't have to pay a copay for my visit.
- Reina Hernandez
Person
And upon further discussion, concerns about the cost of living come up and it becomes clear that if they would receive care from their primary care provider that they would receive primary care from their providers if it was not for the financial cost of doing so. An AB 1645 would ensure that people would not be charged a copay for office visits associated with preventative care, regardless of how they are billed.
- Reina Hernandez
Person
Another important provision of this bill that has direct impact for our clients is a requirement for state-regulated plans to cover STI screening that is recommended by the CDC at no cost. Current law prohibits cost sharing for screening recommended by the USPSTF, but the task force recommendations don't always align with the best clinical practice. Currently, clients using their insurance run the risk of being charged a copay for a screening that is recommended for them and important for their health.
- Reina Hernandez
Person
And AB 1645 would close this loophole and ensure equitable access to STI screening. This important bill ensures that people will be able to have access to comprehensive STI care regardless of the political and judicial attacks on the Affordable Care Act. And I would just like to say that we have all of the tools necessary to prevent HIV and STI infections and get to zero. We just need people to have access to them.
- Marie Waldron
Person
Thank you. Are there other witnesses in support? Please come forward. Name, organization and position only.
- Katelin Van Deynze
Person
Good afternoon. Katie Van Deynze with Health Access California in support. Thank you.
- Molly Robson
Person
Good afternoon Molly Robson with Planned Parenthood Affiliates of California in support.
- Anne Donnelly
Person
Good afternoon Anne Donnelly with the End Epidemics Coalition in California and also on behalf of CalHEP or California Hepatitis Alliance in support. Thank you.
- Ryan Souza
Person
Good afternoon. Ryan Souza, on behalf of Essential Access Health and APLA Health in support. Thank you.
- Craig Pulsipher
Person
Good afternoon. Craig Pulsipher, on behalf of co-sponsors Equality California and the Los Angeles LGBT Center. Also here on behalf of BNIstar, the California LGBTQ Health and Human Services Network, SF HEP B Free Bay Area and Justice and aging.
- Carly Myers
Person
Good afternoon. Carly Myers, on behalf of the National Health Law Program in support.
- Sandra Poole
Person
Good afternoon. Sandra Poole, Western Center on Law and Poverty in support.
- Rand Martin
Person
Rand Martin, on behalf of the AIDS Healthcare Foundation in strong support. Thank you.
- Marie Waldron
Person
Thank you. We'll return to the committee for any questions, comments? Oh, opposition. I'm forgetting about opposition. Is there any opposition to this bill? 11
- Robert Boykin
Person
Good afternoon. Chair and Members of the Committee, Robert Boykin with California Association of Health Plans. We respect, sorry, in opposition regretably in opposition to EB 1645. We respect and understand the intent of the bill.
- Robert Boykin
Person
However, we are opposed because this removes cost-sharing on services that are covered by health plans. According to the California Health Benefits Review program, this will increase annual costs by 20 million for all Californians. Once again, keeping in mind that this is one of 23 mandate bills this year that, when taken altogether, are set to increase annual costs by more than 1 billion on all Californians. Thank you for your time today.
- Steffanie Watkins
Person
Mr. Chair and members, Steffanie Watkins, on behalf of the Association of California Life and Health Insurance Companies, is also regrettably opposed. We did have some conversations to kind of work through some of the proponents of the bill. We do better understand, based on some of the judiciary action, some of the concern about preventative services no longer being included, or at least the risk. We'd like to continue those conversations with respect to the CDC guidelines and potentially implementing those earlier than we normally do the task force.
- Steffanie Watkins
Person
So with those, we hope to look forward to continuing those conversations with both CDI and the author of the bill. Thank you.
- Marie Waldron
Person
Other witnesses in opposition please come forward. Thank you.
- Preston Young
Person
Preston Young from the California Chamber of Commerce here in opposition because of the premium impact.Thank you.
- Marie Waldron
Person
Seeing no other opposition now, we'll bring it back to the committee for questions, comments, motion, and would the author like to close?
- Rick Chavez Zbur
Legislator
Sure. So first of all, let me thank the committee again and the staff for the hard work on this bill. Just want to reiterate that 1645 is not a mandate bill. It waives cost sharing for integral services provided by federal law. They're at risk of going away. And for CDC-recommended STI screenings, which are already basic health care coverage, the costs of the bill, as estimated by CHBRP, are minimal. It's literally a little more than 100th of 1% in terms of the cost increase for the preventive care. So I proudly want to thank my sponsors and the folks that are here today and ask for an aye vote.
- Marie Waldron
Person
Thank you. The motion is due pass as amended to appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
Your bill has five votes. We'll leave the bill on call.
- Rick Chavez Zbur
Legislator
Thank you very much.
- Jim Wood
Person
Believe Ms. Reyes is next. Whenever you're ready.
- Eloise Gómez Reyes
Legislator
Thank you. Mr. Chair Members, thank you for the opportunity to present AB 1288. The Bill prohibits commercial health insurers from imposing prior authorization rules that create barriers for medication assisted treatment. Medications such as buprenorphine, you can call suboxone, too. Methadone, or long acting naltrexone can significantly improve treatment for many substance use disorders by treating craving and withdrawal symptoms. However, medication assistant treatment is underused. Almost two thirds of commercially insured persons in California with drug or alcohol dependence do not initiate treatment.
- Eloise Gómez Reyes
Legislator
Prior authorization requirements create unnecessary barriers that delay authorization requirements that delay or interrupt access to effective treatment. Skyrocketing overdoses represent a public health emergency, demanding new strategies of response, including the removal of unnecessary barriers to effective treatment. AB 1288 is an important first step that will reduce overdose rates and save lives. Here to speak in support of the Bill is Dr. Aimee Moulin, Professor of emergency medicine and Division Chief of addiction medicine at UC Davis and Director of the California Bridge Program. Thank you.
- Aimee Moulin
Person
I'm an emergency physician. I also work with a network of over 279 emergency departments which are providing addiction treatment in the emergency Department. And what we can tell you is that medications for addiction treatment, particularly opioids like fentanyl, are very effective. And our challenge is getting medications to people in a timely fashion. And when we encounter delays or patients have difficulty accessing medications, we lose them and we lose an opportunity to save lives and get people into treatment.
- Aimee Moulin
Person
I really want to thank assemblymember Reyes for bringing this Bill forward, because I believe it will save lives. Thank you.
- Jim Wood
Person
Thank you very much. Others in support.
- Timothy Madden
Person
Thank you, Mr. Chair. Tim Madden, representing the California chapter at the American College of Emergency Physicians, in support.
- Jim Wood
Person
Thank you.
- Carly Myers
Person
Carly Myers, on behalf of the National Health Law program, in support.
- Jim Wood
Person
Thank you.
- Brandon Marchy
Person
Brandon Marchy with the California Medical Association in support.
- Jim Wood
Person
Thank you.
- Neal Mehra
Person
Dr. Neal Mehra with California Society of Addiction and Medicine in strong support.
- Jim Wood
Person
Thank you.
- Taylor Jackson
Person
Taylor Jackson with the California Primary Care Association in support.
- Jim Wood
Person
Thank you.
- Tiyesha Watts
Person
Hi. Tiyesha Watts with the California Academy of Family Physicians in support.
- Jim Wood
Person
Thank you. Anyone else? Is there opposition to the Bill? Okay, see no opposition. Any questions or comments from the Committee? Motion by Ms. Aguiar Curry, a second by Mr. Villapudua. Motion is do pass to appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
You have five votes. We'll leave the Bill on call. Thank you. Thank you very much. Next up, Dr. Jackson. I believe.
- Jim Wood
Person
So you have AB 1451. Whenever you're ready.
- Corey Jackson
Legislator
Thank you very much, Mr. Chair and Committee Members. I would like to start by accepting the Committee's amendments to AB 1451 to thus removing the requirement for pre-authorization for treatments of urgent or emergent mental health or substance use disorders. As we know, we are in the midst of a mental health crisis, and there's not very many tools that we have to really deal with the crisis at this time.
- Corey Jackson
Legislator
And so this bill is designed to ensure that we create as many opportunities that while someone is willing to receive the help necessary, that there are less barriers in making sure we can serve them in a quicker and more efficient way. Obviously, we have seen too many circumstances, and for those who don't know how mental illnesses sometimes work, is that sometimes you only have a brief period of time in which someone is willing to accept treatment or accept any type of help.
- Corey Jackson
Legislator
So the longer we wait, the less likely someone will be served, and this bill does that. Unfortunately, the health care industry workforce is impacted. We have a workforce shortage. And so facilities that actually have the professionals there, facilities who actually have everything that they need to be able to serve someone, we must continue to break down as many barriers as possible.
- Corey Jackson
Legislator
And certainly, just waiting for an authorization to receive services is something that we cannot afford to continue to accept at this time during such a crisis. And so with that, I want to thank the Committee for working with us on this bill and respectfully ask for an aye vote.
- Jim Wood
Person
Thank you. Support.
- Mari Lopez
Person
Good afternoon. Mari Lopez, California Nurses Association, in support.
- Jim Wood
Person
Thank you.
- Carly Myers
Person
Carly Myers, on behalf of the National Health Law Program, in support.
- Jim Wood
Person
Thank you.
- Tiyesha Watts
Person
Hi. Tiyesha Watts with the California Academy of Family Physicians, in support.
- Jim Wood
Person
Thank you.
- Taylor Jackson
Person
Taylor Jackson with the California Primary Care Association, in strong support.
- Jim Wood
Person
Thank you.
- Isabeau 'Izzy' C. Swindler
Person
Izzy Swindler with Shaw Yoder Antwih Schmelzer and Lange with a few clients in support, California State Association of Psychiatrists, and California Academy of Child Adolescent Psychiatry as well, both in support. Thank you.
- Jim Wood
Person
Thank you.
- Brandon Marchy
Person
Mr. Chair and Members, Brandon Marchy with the California Medical Association, in support.
- Jim Wood
Person
Thank you.
- Rebecca Gonzales
Person
Rebecca Gonzales, National Association of Social Workers, California Chapter, 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, in support.
- Jim Wood
Person
Thank you.
- Molly Robson
Person
Hello. Molly Robson with Planned Parenthood Affiliates of California, in support.
- Jim Wood
Person
Thank you. Is there opposition to the bill?
- Robert Boykin
Person
Good afternoon, Chair, Members of the Committee. Robert Boykin with the California Association of Health Plans. Regarding in opposition to AB 1451, we respect and understand the intent of the bill. Health plans currently cover the treatment and care for mental health and substance use disorders. However, this bill seeked to remove prior authorization. We understand there are amendments before us, and so we'll make sure to take a look at them. But that was one of the reasons.
- Robert Boykin
Person
Removing prior authorization gets rid of the guardrails that help keep healthcare premiums stable. That, plus the lack of cohesive definition for behavioral health crisis, is why we are opposed. But once again, we have reached out and spoken to the author's office, and we look forward to work with them as this bill moves forward during the process. Thank you for your time.
- Jim Wood
Person
Thank you.
- Steffanie Watkins
Person
Mr. Chair, Members. Steffanie Watkins on behalf of the Association of California Life and Health Insurance Companies, we too have an opposition on the bill. We look forward to continuing those conversations and seeing the amendments as the bill moves out today.
- Jim Wood
Person
Thank you. Anyone else? Okay. See, no one will bring it back to the Committee for questions or comments. Our Vice Chair, Waldron.
- Joaquin Arambula
Legislator
Thank you. Having done quite a bit of work in the mental health space, I want to thank you for bringing this forward. We talk about mental health parity with physical health, which we achieved with Senator Weiner's Bill 855 a couple of years ago. So when we look at this, if a patient is in for treatment, I mean, would we consider not beginning treatment or starting a referral process if a heart condition was discovered or any other physical condition, if they were identified at the time of the appointment, for a separate condition?
- Joaquin Arambula
Legislator
So when we look at parity and mental health, also to send them home at a time when maybe they're most ready to receive treatment would not only be inefficient, but it will also, in the long run, be more costly or far more detrimental. So I'll be supporting your bill.
- Jim Wood
Person
Thank you. Anyone else? Is there a motion on the bill? A motion by Mr. Villapudua, second by Mr. McCarty. Does enjoy do pass recommendation? It's do pass, as amended to appropriations. Would you like to close, Dr. Jackson?
- Corey Jackson
Legislator
Once again, Mr. Chair, thank you and the Committee for your help with this bill. Obviously, this is just one bill amongst many that will help to put together the pieces of how we can truly treat mental health as the crisis it is. And I know this Committee doesn't need to understand that this is a crisis, but certainly for those listening, it is so important to understand just how much of a mental health crisis California has, and particularly with our young people as well. And so I 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
You have six votes. We'll leave the bill on call. Thank you. Seeing no other authors present, I'm going to go ahead and present my bill. So I'll turn this over to our Vice Chair.
- Marie Waldron
Person
Okay, we are moving to Item 33: AB 1331. Dr. Wood, proceed when you are ready.
- Jim Wood
Person
Thank you very much, Madam Vice Chair. California has a fragmented and decentralized health information exchange network with areas of the state with no health HIE--we'll call it eighth entity--and limited participation by major types of providers. This limits the ability of patients, health care providers, and public health departments to use data to improve health care quality and care coordination.
- Jim Wood
Person
In 2021, the California Health and Human Services Agency created a data sharing agreement defining the parties that will be subject to new data exchange rules and setting forth a common set of terms, conditions, and obligations to support secure, real-time access to an exchange of health and social services information in compliance with applicable federal, state, and local laws, regulations, and policies.
- Jim Wood
Person
This bill establishes the next step by creating a board to ensure that the Data Exchange Framework is successful in achieving the exchange of information to ensure that California achieves its health care access, equity, affordability, public health, and quality of care goals. I respectfully ask for your aye vote.
- Marie Waldron
Person
Thank you. Are there witnesses in support?
- Katelin Van Deynze
Person
Good afternoon, Madam Chair. Katie Van Deynze with Health Access California. We have a support if amended position and look forward to working with the author as the bill moves forward. Thank you.
- Sandra Poole
Person
Good afternoon. Sandra Poole, Western Center on Law and Poverty. We also have a support if amended.
- Johan Cardenas
Person
Good afternoon. Johan Cardenas with the California Pan-Ethnic Health Network, in support.
- Marie Waldron
Person
Thank you.
- Cecilia Aguiar-Curry
Legislator
Move the bill.
- Marie Waldron
Person
Are there any witnesses in opposition? Seeing none, we'll bring it to the Committee for comments, questions. Okay. Would the author like to close?
- Jim Wood
Person
Respectfully ask for your aye vote.
- Marie Waldron
Person
Thank you. The motion is 'do pass to Appropriations.' Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call].
- Marie Waldron
Person
Your bill has six to zero; it will remain on call.
- Jim Wood
Person
Thank you, Madam Vice Chair. And we are waiting for authors, so we'll wait for authors. We can go through the roll since we're just sitting here. Madam Secretary, please lift the call on the consent calendar.
- Committee Secretary
Person
[Roll Call].
- Jim Wood
Person
The consent calendar passes 8-0. Item number three, AB 620. Please lift the call and call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
And then we were all here for AB 1331 by me. We are about as caught up as we could possibly be. So we're just going to wait. There are authors, please. Authors who have bills before the Health Committee. Please come on down. Ms. Ortega, you have two bills before us. Thank you. Whenever you're ready.
- Liz Ortega
Legislator
All right. Thank you, Mr. Chair, for the opportunity to present to you today AB 1060. As a mom of four and a Legislator, this fentanyl crisis keeps me up at night. The numbers are shocking. Over 150 people per day are dying in the United States from opioid overdoses, with fentanyl being the deadliest. Over 6000 people in California died from overdoses in 2021. Even more troubling than that, it's what it's doing to our kids. Fentanyl is now the leading cause of fatal poisoning among children under five.
- Liz Ortega
Legislator
This bill will make Narcan available to all Californians by requiring private insurers and Medi-Cal to cover the total cost of over-the-counter Narcan. Narcan is a life-saving drug that quickly reverses fentanyl overdoses and is an effective tool in preventing deaths. While Narcan is extremely effective, it is also expensive. Out-of-pocket cost for Narcan can be over $100, depending on the dosage, which is unaffordable to most families who can barely make ends meet today.
- Liz Ortega
Legislator
AB 1060 will ensure that Californians have access to this life-saving drug. Today, testifying in support is Dr. Neal Mehra with the California Society of Addiction Medicine. And testifying in support is Marika Cole, a mom who lost her son due to fentanyl poisoning.
- Neal Mehra
Person
Good afternoon, Members of the community. Hello, I'm Dr. Neal Mehra, and it's honor to speak on behalf of California Society of Addiction Medicine. I specialize in addiction medicine. I'm medical Director of two prominent nonprofit organizations in Sacramento. We treat both patients that have opioid addiction as well as patients that do not have addiction but need help in taking prescribed opioids more safely. When we think of overdose, we often equate this with people with addiction.
- Neal Mehra
Person
However, it is also exceedingly more common that people without addiction are unknowingly exposed to high potency synthetic opioids such as fentanyl. As noted in your reports, bystanders were present but unable to provide life-saving measures in approximately 3300 unnecessary deaths in California just in 2021 that could have been prevented simply by the bystander having access to Narcan. This is a critical reason why everyone needs Narcan.
- Neal Mehra
Person
While opioid addiction is very prevalent, now is an especially unprecedented time when people without addiction are unknowingly and unwillingly exposed to high potency and lethal synthetic opioids such as fentanyl and analogues, including carfentanil. The first illustration I'd like to share is with children and young adults that are not addicted, but may be experimenting with drugs and alcohol for the first time. It is extremely easy for kids to order drugs over the Internet and have them delivered directly to them.
- Neal Mehra
Person
In many cases, the illicit pills arrive with variable amounts of fentanyl that is 100 times more potent than morphine or carfentanil that is 10,000 more times more potent than morphine. This has led to the phenomena where one pill can kill, perhaps the very first pill they try. Having any cost barrier to Narcan would deter and make it even more likely that parents, friends, and others would not prioritize obtaining it and thus not be prepared in case of a fatal overdose.
- Neal Mehra
Person
A second increasingly common example is a consequence of most providers being fearful of prescribing opioids, even for appropriate reasons. As a result, many chronic pain patients, including the elderly and veterans, are getting abruptly cut off from their medications and are going through withdrawal and high levels of pain. Many of these patients depend on opioids but are not necessarily addicted and are reluctantly resorting to buying pills off the streets. Again, many of these people are unknowingly buying fake pills that contain lethal doses of fentanyl.
- Neal Mehra
Person
These people need and deserve people around them to have easy access to Narcan to save them in case of an overdose. Greater access to Narcan will not only save lives, but it could also potentially reduce some costs of EMS response and ER visits, as some people that receive Narcan do not need further intervention. Everyone needs a low barrier access to Narcan, as any of us at any time may encounter a person of any position in society that may be experiencing a lethal overdose.
- Neal Mehra
Person
I could continue with my experience, but I want to encourage you to ask me questions to clarify if there's anything I could do to explain this tremendous importance for ensuring Narcan is available to everyone. Thank you.
- Jim Wood
Person
Thank you. Please.
- Merika Cole
Person
Hello, my name is Merika Cole, and I'm here today to ask you to support AB 1060 and to share my story to illustrate why it's so important. My son Merrick was 25 years old when we lost him. He loved skateboarding. He didn't drive. He had autism, and he didn't really talk, but he was incredibly bright. He was a polyglot. That means he knew various languages and he could read and write Russian fluently. He could speak Spanish, and he knew American Sign Language.
- Merika Cole
Person
He loved playing video games, like most people that are on the spectrum. When he was playing, I would hear him speaking other languages, but he couldn't socialize very well and he was way too trusting. So he needed conservatorship, which I obtained, and I was his conservator. When a person has autism, they just want to make friends. One day, Merrick asked me if he could go to his friend's house, and he only had three, so I said yes.
- Merika Cole
Person
He promised to be back within an hour because he was looking forward to me combing his hair, which was rare. He had difficulty with having his hair combed because he had sensory issues. And I promised him a new pair of Nike Slides, which were slippers, which he was really excited about. When he came home from his friend's house and I left to go shopping, I was gone for about 45 minutes.
- Merika Cole
Person
When I came back and went into his room to show him his slippers, I found him unresponsive. I had bought two doses of Narcan previously because we have homeless in the area, and I thought maybe I could save a life, just in case. So I had those two doses of Narcan to give him, but I only had two. It was too expensive for me to buy, and I wish I would have bought more. I tried giving him both doses that I had, but it wasn't enough.
- Merika Cole
Person
I administered CPR and called 911. The paramedics came pretty fast, and they gave him IV, which had Narcan in it, but it wasn't enough. An autopsy later found that he had fentanyl and carfentanil in his system, and that's why the dosages were futile. He was among the first overdose in this area, in this region involving carfentanil. So the paramedics had no idea why he wasn't responding.
- Merika Cole
Person
Since then, I've done a lot of research and learned that Narcan can save lives at the right dosage and at the right time. If it had been more affordable, I would have had more, because I'm about trying to save someone's life when I started studying about this. And if it had been more affordable, I definitely would have bought more. Definitely.
- Merika Cole
Person
We need Narcan to be made affordable and available to everyone, not just in schools and other public places, but to everyone so people can carry it around and be ready. We need Narcan to be--well, we know that fentanyl is a poison, and it will kill. We need to provide parents, caregivers, and neighbors this tool so that we can save lives. I ask the Committee to please vote yes on AB 1060 and help save more lives. It would definitely have saved my son's life.
- Jim Wood
Person
Thank you. Others in support?
- Justin Rausa
Person
Good afternoon. Justin Rausa, office of Attorney General Bonta, in support. Thank you.
- Jim Wood
Person
Thank you.
- Mari Lopez
Person
Good afternoon. Mari Lopez, California Nurses Association, in support.
- Jim Wood
Person
Thank you.
- Kelly Brooks-Lindsey
Person
Kelly Brooks, on behalf of the County Health Executives Association of California, here 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.
- Carly Myers
Person
Carly Myers, on behalf of the National Health Call Program, in support.
- Jim Wood
Person
Thank you.
- Lisa Gardiner
Person
Lisa Gardiner, with the County Behavioral Health Directors Association, in support.
- Jim Wood
Person
Thank you.
- Tasha Henneman
Person
Tasha Henneman, PRC, a behavioral health organization in San Francisco, 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. Any questions or comments? Dr. Arambula.
- Joaquin Arambula
Legislator
I want to thank the Assembly Member for bringing this bill forward and for Merrick's mom for testifying here today. By increasing access to Narcan, we have a greater chance of saving lives and just appreciate the bill and look forward to supporting it.
- Jim Wood
Person
Thank you, Dr. Arambula. Anyone else? Dr. Weber.
- Akilah Weber
Legislator
Thank you so much. How do you envision this bill actually being implemented? So if it's over the counter, how would patients not have to initially come out of their pocket to get it actually covered by their insurance?
- Liz Ortega
Legislator
Yeah. We just have received a report from the California Benefits Health Review Program, and that was one of the things they brought up. They suggested that people would initially might be able to have to pay out of pocket and then send in their reimbursements receipts. So it's something that I'm going to work on as we move this bill forward to make sure that there's a way to make sure that everyone gets it and it's free and there's no other barriers to get in the way of making sure that they can get it.
- Akilah Weber
Legislator
Thank you.
- Jim Wood
Person
Anyone else? Your bill has a motion by Ms. Waldron, second by Dr. Arambula. Enjoys a do pass recommendation, is do pass to appropriations. Ms. Ortega, would you like to close?
- Liz Ortega
Legislator
Yes. Thank you, Committee Members and Chair, for allowing me to present AB 1060. While I recognize that this Committee is about policy, I do want to mention that the cost of this bill is about $9 million. I just received the report, and I started to do the math. And according to the California Benefits Health Review Program, an estimated 78,000 people will obtain Narcan under this bill. If we assume the same rate of usage as the state's nonprofit distribution program, this bill will reverse about 5,000 overdoses.
- Liz Ortega
Legislator
That's 5,000 life saved. If I do more math, that's $1,800 per life saved. Do we get to save 5,000 lives a day for one $1,800? Not really. Right now, the average cost of a visit to the California ER is $2,900. So this bill will cost far less, save thousands of Californians from fentanyl poisoning, and more importantly, save many more lives. Thank you. I respectfully ask for your aye vote.
- Jim Wood
Person
Thank you very much, Assembly Member. The motion is due pass, due appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
Your bill has eight votes. It's out of Committee.
- Jim Wood
Person
Thank you. And you have one more bill.
- Liz Ortega
Legislator
Thank you.
- Liz Ortega
Legislator
Yes, I do.
- Jim Wood
Person
AB 1157.
- Liz Ortega
Legislator
Thank you, chair Members, for the opportunity to present AB 1157 before you all today. This Bill would clarify that durable medical equipment, or DMEs. DMEs, are covered essential health benefits and individual and small group health plans when medically necessary and prescribed by a healthcare provider. Durable medical equipment, such as wheelchairs and ventilators, enables individuals basic functioning, such as mobility, breathing, and communication, as it's primarily used by people with disabilities in chronic conditions. Yet private health plans in California generally do not provide adequate coverage of DME.
- Liz Ortega
Legislator
Many health plans completely exclude most DME items like wheelchairs, hearing aids, and ventilators. Other plans impose $2,000 annual limits on DME items, which only covers a fraction of cost of most DME. AB 1157 provides a solution that will help ensure that all Californians have access to durable medical equipment they need to live fulfilling lives.
- Liz Ortega
Legislator
Today, I have with me Carly Meyers, Staff Attorney at the National Health Law Program, and Jim LeBrecht, a longtime board Member of the Disability Rights Education and Defense Fund and founder of two organizations advocating for greater inclusion of people with disabilities.
- Carly Myers
Person
Thank you. Good afternoon. My name is Carly Myers and I'm with the National Health Law Program, a nonprofit public interest law firm that protects and advances the health care rights of low income individuals and families. We strongly support AB 1157 and believe it will play a vital role in improving access to the healthcare devices that people with disabilities need to leave their homes, maintain their health, and participate fully in community life.
- Carly Myers
Person
Currently, many Californians do not have access to the wheelchairs, hearing aids, ventilators and other durable medical equipment, or DME, that they need. Private health plans offered in California's individual and small group markets regularly exclude or severely limit coverage of this equipment. Without adequate coverage, many people go without medically necessary devices. They obtain inferior ones that can put their health and safety at risk, or they turn to publicly funded programs such as Medicare and Medi Cal, which do cover DME for help.
- Carly Myers
Person
This gap in private health insurance occurs despite the Affordable Care Act's clear mandate otherwise. The ACA requires plans to cover certain essential health benefits, or ehbs, including rehabilitative and habilitative devices. States have some flexibility in defining the content of the ehbs. However, pursuant to federal law, the design of the EHB benefit package must not discriminate on the basis of disability or health status. DME devices, which are essential for the basic functions such as mobility, breathing and communication, are primarily used by people with disabilities.
- Carly Myers
Person
When DME is excluded or severely limited from health plan coverage, it creates an access barrier for the adults and children who rely on this equipment but who cannot afford it out of pocket. Further, home use rules, which limit coverage to only the devices that an individual needs inside their home to the exclusion of devices they may need to travel even 10ft outside, serve to further segregate and isolate people from their communities. This Bill will help address this inequity.
- Carly Myers
Person
AB 1157 clarifies that medically necessary DME is a covered essential health benefit in the State of California, and it will stop the discriminatory exclusions and limitations that people with disabilities have endured for decades. With greater access to DME, more Californians will have the tools that they need to pursue education and employment, to take care of their families, and to do whatever else a person may need or want to do.
- Carly Myers
Person
13 years after the passage of the Affordable Care Act, it is no longer acceptable that health plans continue to exclude devices as foundational as a wheelchair. California now has the opportunity to correct this injustice, and we urge you to take it. Thank you.
- Jim Wood
Person
Thank you.
- Jim Lebrecht
Person
Hi, my name is Jim LeBrecht. I'm grateful for this opportunity to speak to you today in support of AB 1157. I'd like to share my lived experience of what it's like and what it means to me to live with the current dollar caps and home use limits of DME coverage under private insurance coverage. I've been using a wheelchair. Using a wheelchair has been part of my life since I was two years old. I was born unable to walk because of Spina Bifida.
- Jim Lebrecht
Person
When I first understood that my insurance would only pay for DME coverage for items used in the home, I was outraged. That this was the law told me all I needed to know about how most of society and many elected officials thought of me and the disabled community. Why wouldn't they pay for a wheelchair that would allow me to travel away from my home? Why wasn't it considered necessary for people like me to have access to the world around us?
- Jim Lebrecht
Person
Fresh air, sunny days, visiting family and going to work. It was about painfully Low expectations for us. The message I took from this was that society and the law only thought of the disabled as sick people who were only able to live at home and not hold jobs. We were insignificant, disposable, and not valued as human beings like others. I wish I was being melodramatic here, but I'm not. I mean, what would you assume? It was unthinkable.
- Jim Lebrecht
Person
Was it unthinkable that I might be able to contribute to society in a meaningful way? That I could start a small business and employ people in meaningful, creative jobs? The reality is that I did start an audio company and hired several employees. I and my company paid taxes and provided an affordable and needed service to the local film industry.
- Jim Lebrecht
Person
And when the opportunity arose, I and dozens of people were employed over five years to create the documentary crip camp, and we paid for services from at least a dozen companies. I don't like equating someone's value to economics, but I am telling you that the benefits of this Bill far outweigh the cost. And I don't feel as though I need a spreadsheet to back up this assertion. On a more basic level, when we allow seniors or the disabled to fully participate in daily living, everyone benefits.
- Jim Lebrecht
Person
It's not a one way street. Grandparents can babysit children after school so a single parent can hold down a full time job. This is just one example I could tell you about. This Bill isn't charity or something nice to do for the less fortunate. It's about correcting a policy that devalues us. It's about allowing us the same freedoms that everyone else takes for granted. This is about human rights, this Bill. Anyone willing to say that it's too expensive?
- Jim Lebrecht
Person
I don't believe really believes in freedom for all. All of us want to have a full life, a life of one's choosing. But when you can't afford the essential items that the current regulations state are nonessential health benefits, you are keeping us shut away in our homes, out of sight. It makes me wonder if that might have been the intent all along. Thank you.
- Jim Wood
Person
Thank you. Others in support.
- Dan Okenfuss
Person
Good afternoon. My name is Dan Okenfuss, representing the California Foundation for Independent Living Centers here in support. Thank you.
- Jim Wood
Person
Thank you.
- Katelin Van Deynze
Person
Katie Van Deynze with Health Access California, in support. Thank you.
- Matt Lege
Person
Matt Lege. On behalf of SEIU, California in support. Thank you.
- Johan Cardenas
Person
Johan Cardenas with the California Pan-Ethnic Health Network in support.
- Alexander Khan
Person
Good evening. Alex Khan, on behalf of the ALS Association in support.
- Sandra Poole
Person
Sandra Poole, Western Center on Law and Poverty. We're a co sponsor of this Bill and in strong support. Thank you.
- Stewart Ferry
Person
Stewart Ferry with the National Multiple Sclerosis Society in support. Thank you.
- David Butler
Person
Dave Butler on behalf of the California. Association of Medical Product Suppliers, in support.
- Jim Wood
Person
Thank you.
- Nora Lynn
Person
Nora Lynn, with Children Now in support.
- Jim Wood
Person
Thank you. Is there any opposition to the Bill? Seeing none. We'll bring it back to the Committee for questions or comments. Any questions or comments? We have a motion by Ms. Aguiar Curry, a second by Mr. Villapudua. Would you like to close?
- Liz Ortega
Legislator
Thank you for allowing me to present today's Bill and respectfully ask for your. aye vote.
- Jim Wood
Person
I just want to say thank you for bringing the Bill forward. It does enjoy a do pass recommendation. Thank you to your witnesses. Very much appreciate testimony. The motion is do pass to appropriations. Madam Secretary, please call the roll
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
You have seven votes. We'll leave that Bill on call. Thank you. Thank you. Thank you. And Ms. Bonta.
- Jim Wood
Person
Okay. AB 921.
- Mia Bonta
Legislator
Thank you, Chair and Members. Good early evening. AB 921 requires the Department of Health Care Access and Information, or HCAI, to establish the Behavioral Health Community-Based Organization Mentorship Program, connecting students with CBOs and providing them with resources, work experience, and a pathway to sustained employment as a behavioral health professional. Our behavioral health crisis is real and felt in homes, classrooms, on the streets, and in our community throughout the state.
- Mia Bonta
Legislator
According to the Working Paper, California's children and youth behavioral health ecosystem commissioned by CalHHS, mental health is the number one reason children zero to 17 are hospitalized. 58 percent of adolescents with family incomes below the poverty line reported moderate to severe psychological distress, disparities existing across communities, and Covid-19 has worsened what was already a crisis. Substance use and abuse by youth and their family members rose significantly through 2020, and incidents of domestic violence have increased dramatically.
- Mia Bonta
Legislator
The Working Paper also found the need for a larger, culturally competent and congruent behavioral health workforce so that child-serving organizations have the capacity to deliver on culturally responsive, community-informed, and designed supportive services. Addressing the behavioral health crisis requires us to build a robust pipeline of behavioral health providers that are culturally connected and representative of high-need communities.
- Mia Bonta
Legislator
AB 21 meets this moment with the Behavioral Health CBO Mentorship Program, further building the workforce pipeline with mentorship through CBOs and empowering our people to heal our communities.
- Mia Bonta
Legislator
This bill really came out of a workgroup that worked together over the course of a year, frontline folks who are health care providers, behavioral health specialists who are seeing the lack of being able to provide the kind of pipeline that we need and came up with a very creative solution that would engage the CBOs that we are entirely reliant on to be able to provide the level of service that we need and care that we need during this mental health crisis.
- Mia Bonta
Legislator
With me today in support, I have Matthew Madaus, LCSW, Executive Director of Behavioral Health Collaborative of Alameda County, and Adrienne Shilton, Director of Public Policy and Strategy at the California Alliance of Children and Family Services.
- Jim Wood
Person
Please go ahead.
- Matthew Madaus
Person
Thank you. Thank you for the opportunity to speak on behalf of this bill. I'm the Executive Director of the Behavioral Health Collaborative of Alameda County. Our Association includes over 40 nonprofit mental health and substance use treatment providers serving tens of thousands of the most vulnerable children, adults, and seniors every year. We sponsored this bill because we feel we need one comprehensive and sustainable system to connect undergraduate students pursuing behavioral health education with permanent employment.
- Matthew Madaus
Person
We are facing an extraordinary increase in demand for behavioral health services at the same time that we face a workforce crisis. We have an extreme shortage of bilingual and bicultural staff, and we need a system to bring people of color to community mental health. This bill will connect students with community-based organizations, provide them with mentoring and support throughout their school program, and offer enhanced stipends for bilingual students.
- Matthew Madaus
Person
CBOs will guarantee the student mentee employment, and the student will commit to two years of CBO employment following graduation. This bill is an essential investment that will rapidly expand the total CBO workforce, increase the number of bilingual and bicultural staff, and increase the earning power and skills of the mentees, thereby increasing CBO's capacity to serve more people and improve the well-being of the California residents. Thank you for your consideration of this bill. I hope you will support it.
- Jim Wood
Person
Thank you. Please go ahead.
- Adrienne Shilton
Person
Good afternoon, Chair and Members. Adrienne Shilton with the California Alliance of Child and Family Services, and we, too, are proud to support AB 921 today. We represent 160 nonprofit, community-based organizations throughout California, serving vulnerable youth and families. Some of these services include foster youth, behavioral health, housing, and other school-based services and supports. And our providers are currently dealing with staffing shortages across all levels of providers.
- Adrienne Shilton
Person
And at the same time, there's a high demand in community for those who need mental health support more than ever, especially among our young people. And nonprofit community-based organizations are often the backbone of service delivery in California, and this workforce crisis is real. So this program really has the potential to help with the recruitment and retention of people of color and also bilingual staff in particular. So we feel that AB 921 really fills a critical gap. So we ask for your support today. Thank you.
- Jim Wood
Person
Okay. Thank you. Others in support?
- Rebecca Gonzales
Person
Rebecca Gonzales, National Association of Social Workers, California Chapter, in support.
- Jim Wood
Person
Thank you.
- Nicole Wordelman
Person
Nicole Wordelman, on behalf of the Children's Partnership, in support.
- Jim Wood
Person
Thank you.
- Taylor Jackson
Person
Taylor Jackson with the California Primary Care Association, in support.
- Jim Wood
Person
Thank you.
- Tasha Henneman
Person
Tasha Henneman, on behalf of PRC, in support.
- Jim Wood
Person
Thank you. Is there any opposition to the bill? Seeing none, we'll bring it back to the Committee for questions or comments. We have a motion by Ms. Aguiar-Curry, a second by Mr. Villapudua. Motion is 'do pass to Appropriations.' Any questions or comments?
- Cecilia Aguiar-Curry
Legislator
I'll make a quick comment. Thank you so much for bringing this forward. Every single time we talk about behavioral health, we talk about where's our workforce, and this is a great bill to kind of get us a jump start, but we need to do more. This is just the--I'm sure--one of many steps that you're going to plan on, Assembly Member Bonta, but it's a great bill. I'm happy to support it today.
- Mia Bonta
Legislator
Thank you.
- Jim Wood
Person
Thank you. Anyone else? Mr. Villapudua.
- Carlos Villapudua
Person
I'll just echo my colleague, too, if you can also add me as a coauthor.
- Jim Wood
Person
You're gathering friends here. Okay. All right. Thank you very much. Would you like to close, Ms. Bonta?
- Mia Bonta
Legislator
Thank you. I know it's been a long day for you and you have many more bills to hear, so I respectfully request your aye vote.
- 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].
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
You have seven votes. We'll leave that bill on call. Thank you. Please go ahead whenever you're ready.
- Mia Bonta
Legislator
Thank you. I'm presenting AB 1644, medically supportive food and nutrition. I want to start by thanking the Chair and Committee for working so diligently with such care on this bill, and I want to accept the committee amendments.
- Mia Bonta
Legislator
AB 1644 would make medically supportive food and nutrition interventions a covered benefit to all medical recipients when deemed medically necessary by their health provider.
- Mia Bonta
Legislator
With the amendments, the Department of Healthcare Services would form a committee on or before July 1, 2025, and issue final guidance by July 1, 2026, for the implementation of these intervention services. Our witnesses today giving testimony include Gina Morin John, MD, MPH, and former produce prescription project patient, Rosalina Michel.
- Mia Bonta
Legislator
In addition, we have Katie Ettman, the food and agriculture policy manager, with SPUR to answer any questions.
- Gina Moreno-John
Person
Hello, Chair and Members of the Committee. Good afternoon. My name is Gina Moreno-John. I'm a primary care doctor and a professor of medicine at UCSF. I've been a physician for 24 years, seeing patients, teaching residents, doing research, and now I'm the medical director of our food pharmacy.
- Gina Moreno-John
Person
So I'm here today on behalf of patients who do not always have food to eat or enough nutritious food to stay healthy.
- Gina Moreno-John
Person
So in my clinic, we found out that one out of four patients doesn't always have food to eat. Of course, food is primal. You can't live without it. You can't be healthy without it. So, a group of doctors with support from the San Francisco-Marin Food Bank and the food is medicine collaborative, we decided to start a food pharmacy.
- Gina Moreno-John
Person
The food pharmacy in our clinic is a medically based intervention. We serve delicious, high quality, culturally relevant food to our patients with nutrition education.
- Gina Moreno-John
Person
The doctors refer the patients to us, the same way they would refer them to a pharmacy. We've served over 600 patients. We've reduced food insecurity by 67%, and our patients are much healthier. Not surprisingly, 100% of the patients want the program to continue.
- Gina Moreno-John
Person
So, I've seen firsthand why medically supportive food and nutrition interventions is probably the most important thing we can do to act right now to safeguard and improve the health of Californians.
- Gina Moreno-John
Person
For the first case, research shows that healthy food prevents diseases like cancer and diabetes. Second, research shows that healthy food treats medical conditions like hypertension and hyperlipidemia. Third, research shows that eating a lot of healthy foods can actually reduce your risk for early death. Now, finances are important, but the good news is that these medical food programs actually save money.
- Gina Moreno-John
Person
So there is a reduction in health care costs because patients who receive food are less likely to go to the emergency room, less likely to be hospitalized, and less likely to have a nursing home admission. So think about how much money you spend on your groceries per week, and then think about how much it costs to hospitalize a patient for a week. And you get the idea about cost savings.
- Gina Moreno-John
Person
With regard to racial justice, you probably know that Black, African American, Indigenous, Latinx, and other people of color have much higher rates of medical disease and much poorer outcomes. And one researched way to reduce those health disparities is to offer food to people.
- Gina Moreno-John
Person
So, in summary, medically supportive food and nutrition interventions are highly regarded by patients. Save money, save lives, prevent diseases, treat diseases, and reduce health disparities. So, my job is to protect the well-being of my patients, but I need tools to do that.
- Gina Moreno-John
Person
Therefore, I respectfully ask for your aye vote. Thank you.
- Jim Wood
Person
Thank you.
- Rosalina Michel
Person
Good afternoon, Chairman. My name is Rosalina Michel. I grew up in Los Angeles, and now I live in the City of San Fernando. I use Medical and have been a patient at Northeast Valley Health Corporation since 1987, when I was pregnant.
- Rosalina Michel
Person
I have experienced personally how important nutrition is in communities like mine with the lowest income and high rates of diabetes and other conditions.
- Rosalina Michel
Person
Two years ago, I went in for a lab, and my doctor told me I was in danger of developing diabetes. At that time in my life, I was ill. Some other conditions and having prediabetes made it worse. I asked a lot of questions. I was the first one in my family to get prediabetes, and I was looking for resources.
- Rosalina Michel
Person
I didn't want to be a diabetic, and I didn't want to be on insulin all my life, I want to see my grandkids grow.
- Rosalina Michel
Person
My doctor referred me to a program called Cal Fresh and Healthy, which was a six month produce prescription program. I was one of the first patients to try it out. Every month I got $40 to buy fresh fruits and vegetables before I could not afford it. I also participated in nutrition classes and learned about healthy cooking.
- Rosalina Michel
Person
I stayed involved in my clinic by being part of our patient and family adversary council. Being part of Fresh and Healthy program not only changed my diet, it changed my whole life. I got to try new fruits and veggies like starfruit asparagus that I never bought before because they were too expensive.
- Rosalina Michel
Person
Even though the program ended, I'm still eating healthier. I've had the chance to try new foods. Now when I go to the food banks, I'm already introduced to different things. Today, my A1C has gone down 1.0 and has stabilized.
- Rosalina Michel
Person
I've been able to get on my feet again, walking around the block, going on bike rides, these things that I hadn't done in many years. My body feels different. I feel better. I'm also showing other people in my life that they can make changes too. It doesn't have to be big and all at once, but little here and little there.
- Rosalina Michel
Person
My grandson is seven and saw an image of a healthy plate and asked about it. I told him it shows us how to eat with different healthy portions and foods. Now he's asking mom to eat healthy every single time he eats.
- Rosalina Michel
Person
I was able to start studying and take courses to fulfill my dream, a professional goal for my life, and help others. Last year, I was commissioned as a notary public and two weeks ago I was certified as a legal secretary. And now I'm studying to become a life insurance agent.
- Rosalina Michel
Person
It all started with the produce prescription program and the nutrition classes. I believe that if I didn't make these changes in what I was eating that I would be diabetic now. We must be healthy to conquer all of our dreams. All patients like me should have the opportunity to benefit from programs like the Produce Prescription.
- Rosalina Michel
Person
These interventions can have long lasting impact not only for us, but for our families and our communities. And I urge you, I urge your support for AB 1644. Thank you.
- Jim Wood
Person
Thank you. Others in support.
- Erin Evans-Fudem
Person
Mr. Chair and Members, I'm Erin Evans on behalf of SPUR Bay Area based think tank and proud co-sponsor of this measure. I've also been asked to convey support on behalf of California Food and Farming Network as well as the Nevada County Food Policy Council. Thank you.
- Erin Franey
Person
Hi, Erin Franey with the Food as Medicine Collaborative, proud co-sponsor of the bill and very supportive. Thank you.
- Taylor Roschen
Person
Taylor Roschen, on behalf of the California Fresh Fruit Association in support. Thank you.
- Unidentified Speaker
Person
Thank you. On behalf of the American Heart Association in proud support.
- Jim Wood
Person
Thank you.
- Linda Nguy
Person
Good afternoon. Linda Way with Western Center on Law and Poverty in support.
- Jim Wood
Person
Thank you.
- Kathleen Mossburg
Person
Members, Kathy Mossberg on behalf of a few clients, Public Health Institute, Roots of Change, Project Openhand and the California Food as Medicine Coalition, all in support.
- Jim Wood
Person
Great. Thank you.
- Taylor Jackson
Person
Taylor Jackson with the California Primary Care Association in support.
- Jim Wood
Person
Thank you.
- Tiyesha Watts
Person
Hello. Tiyesha Watts with the California Academy of Family Physicians in support.
- Jim Wood
Person
Thank you. Is there anyone in opposition to the bill? Seeing no one. We'll bring it back to the committee for questions or comments. Any questions or comments? Mr. Villapudua.
- Carlos Villapudua
Person
Well, first I want to thank the author, especially the witnesses today. We should all be doing more. And thank you for being a voice in your community. And we need this more, not just in your community, but throughout the whole state.
- Carlos Villapudua
Person
My background is a social worker. My background is working at community centers. And what I've enjoyed is a lot of folks cannot afford it. When you're putting $300, $400 more on the table. That goes a long, long way. But I like the fact that we need to not just put food, but we need to put healthy food.
- Carlos Villapudua
Person
And I know a lot of folks that have gone through the same pathway of being borderline diabetic and folks that are diabetic, there's times that folks don't know, they don't know how to eat properly. Right? And I know that there is a lot of programs out there, but we need to do more.
- Carlos Villapudua
Person
So, thank you for bringing this forward.
- Jim Wood
Person
Thank you, Ms. Waldron.
- Marie Waldron
Person
Thank you. I'd like to echo those comments as well. As many of you know, my brother is a physician in New York.
- Marie Waldron
Person
He does quite a few specialties. But I lived at home when he was going through medical school, and he did not have one class in nutrition in medical school, which is shocking, actually, when you think that it's such an amazing and really profound type of preventative to any type of disease.
- Marie Waldron
Person
And then what you were saying about the young people, see you're eating right and how it affects your life, and then they learn from that. So I think it's a good thing.
- Jim Wood
Person
Thank you. Anyone else? So, we have a motion by Mr. Villapudua, second by Ms. Berner. Would you like to close?
- Mia Bonta
Legislator
Thank you, Members of the Committee, and a special thank you to the folks who have testified with me today to talk about the importance of really generational shift that can happen when we give apples instead of angioplasties. Food is life. Food is sustenance. Food is medicine.
- Mia Bonta
Legislator
I respectfully request your aye vote.
- Jim Wood
Person
Thank you very much, Ms. Bonta. The motion is do passed as amended to appropriations. Happy to support the bill today, Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
You have eight votes, that bill is out.
- Jim Wood
Person
But we'll leave the roll open for others to add on.
- Unidentified Speaker
Person
Thank you, Chair.
- Jim Wood
Person
Thank you. Okay, Mr. Gipson. AB 1670.
- Mike Gipson
Legislator
Thank you very much, Mr. Chairman. I know the hours is far spent. This is a spot Bill, but thank you very much for allowing me to present 1670 which will make very minimum changes to existing law referring to the personal or business, referring or recommending treatment for profit.
- Mike Gipson
Legislator
Mr. Chairman and Committee, this Bill is actually intended as a movable spot and makes very minimum changes in the law. Given this, however, I do accept the Committee amendments to increase the fine amount including into the Bill from 5000 to 10,000 for violation. I respectfully ask for an Aye vote.
- Jim Wood
Person
Thank you. I'm sorry, there's a lot going on up here sometimes. Members. Is there support for the Bill? Any opposition to the Bill? I'm sorry, we heard a motion and a second from Mr.. Did you support it and made a motion? Okay, Mr. McCarty made a motion. Ms. Boerner made a second. Would you like to close?
- Mike Gipson
Legislator
Respectfully ask for an Aye vote. Thank you.
- Jim Wood
Person
Thank you. Motion is do pass to Appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll call].
- Jim Wood
Person
Oh, I/m sorry. You have seven votes. The Bill is on call. We lost a Member. I mean, they're around, but, you know. Okay, thank you. Ms. Carrillo. Well, I went out of order. I'm sorry. No, go ahead. My bad. Okay. We're waiting for Skittles or something, so we're kind of on low blood sugar right now.
- Wendy Carrillo
Person
Who brought donuts?
- Jim Wood
Person
Huh?
- Wendy Carrillo
Person
Who brought donuts?
- Jim Wood
Person
I don't know. Idon't know how long those donuts have been there? We don't know what the sell-by date is or any of that stuff. I'm not touching the donuts.
- Wendy Carrillo
Person
No, I took a bite.
- Wendy Carrillo
Person
Oh, no, that's not good. Okay, well, thank you, Mr. Chair and Members, and thank you to Assembly Member. Sorry, I didn't mean to skip over. I'm proud to present AB 1549, which would update the prospective payment system for California's community health centers. I also want to thank the Committee staff and accept the Committee amendments. And thank you so much for working with my team and our sponsors for this Bill.
- Wendy Carrillo
Person
Community health centers are a critical part of our healthcare system, providing high quality care to more than 7.8 million Californians annually, regardless of their ability to pay or immigration status. Federally qualified health centers, the majority of CHCs in California are reimbursed through the prospective payment system. However, the current PPS rate only accounts for the range of services ACHC offers, which limits their ability to invest in patient outcomes and improve community health.
- Wendy Carrillo
Person
AB 1549 would update the PPS system to account for expanded services and care coordination costs, adding more triggers that would allow health centers to request a review from the Department of Healthcare Services to adjust their PPS rate upward. This would enable CHCs to comprehensively include state-led care transformation initiatives in their allowable costs and transition to a value-based care system. For example, clinics would be able to add expanded care team members and adopt the whole-person care approach of Cal Aim.
- Wendy Carrillo
Person
This Bill is about expanding the ability to invest in patient outcomes and improve community health. Here to talk more about the need for the Bill and answer any technical questions, it's one of my favorite people, Ms. Louise McCarthy, President and CEO of the LA County Community Clinic Association, as well as Laura Scheckler, Deputy Director of Policy and Regulatory Affairs with California Health Plus Advocates.
- Louise McCarthy
Person
There we go. Good afternoon, Chair, Committee Members, Louise Mccarthy, President and CEO of the Community Clinic Association of L.A County. For some context, in Los Angeles, we have 110 licensed community clinic organizations that operate 380 sites and serve 1.89 million patients per year. 64% of the clients seen in a health center in Los Angeles are on MediCal, yet only 50% of the revenue coming into health centers comes from MediCal.
- Louise McCarthy
Person
They're seeing all of these folks been using grant funds and other resources to try to make up the cost of care. As mentioned by our esteemed Assembly Member, the prospective payment system rate. This per visit rate attempts to get at a fair payment for health centers, but because of some structural barriers, it really has depressed the revenues coming into health centers while their costs are increasing dramatically over time, most specifically in the rate setting.
- Louise McCarthy
Person
When we do the rate setting, the state is referring to Medicare cost principles, which are dated. Instead, this Bill would move to OMB cost principles, which do get updated over time, so it allows us to modernize the cost principles that are taken into the rate setting. Second of all is the change in scope process. Now, technically, a health center can change their rate anytime they change the type, intensity, and duration of services that they provide.
- Louise McCarthy
Person
But really, when it comes down to it, it's only when they change the type. And so there's a lot of health centers in Los Angeles that are sitting on rates that they've had for 10 or 20 years. They have not been able to get them changed in scope, so they have not been able to reopen their rates, and they're sitting on old rates and not able to bring in new costs.
- Louise McCarthy
Person
When we think about this, for example, as mentioned with CalAim, we're expanding care teams, and these care teams are costing more money, yet we cannot add those costs to our rate. Additionally, health centers now are 10-15 years into their electronic health record systems. But because they've used that EHR as a triggering event to do a change in scope, they can't do it a second time. And so they've taken on these new costs, but they can't be reflected in their rate.
- Louise McCarthy
Person
So for this, it's impacting access, it's impacting financial sustainability of the health centers, and we encourage your support.
- Laura Scheckler
Person
Good afternoon. My name is Laura Scheckler. I'm the Deputy Director of Policy and Regulatory Affairs with California Health Plus Advocates, which is the advocacy affiliate of the California Primary Care Association. And CPCA represents nearly 1,300 health centers across the State of California and serves 7.8 million patients, or one in five Californians, and we are the proud sponsors of AB 1549.
- Laura Scheckler
Person
So, while this is a very technical Bill that's regarding payment methodology, I just wanted to reiterate that the big picture of this Bill is really to modernize our health center payment system and bring it into alignment with the different types of care transformation initiatives that are being advanced right now by the Department of Healthcare Services. So things like CalAim, the Population Health Management Strategy, and also the FQHC alternative payment model, or APM.
- Laura Scheckler
Person
So this is really necessary for health centers to successfully implement those current and emerging models of care and effectively integrate the expanded care teams that Louise mentioned that are contemplated by these initiatives. So currently, community health centers who serve one in three of all MediCal beneficiaries face a number of barriers to successfully implementing those care transformation initiatives because of these outdated limitations on what can be included into a health center's rate.
- Laura Scheckler
Person
So, like Louise said, that means that either health centers are unable to incorporate new MediCal benefits and services or they are un or under compensated for the integration of those services into their care teams. So the PPS system or Prospective Payment System was developed over 20 years ago, and in that time, both the way that care is delivered and who delivers that care has changed really dramatically.
- Laura Scheckler
Person
So at this point, in order for health centers to really be able to integrate all of these different changes and best practices of how DHCs is asking us to deliver care in California, we need to bring our payment system along with it and update it so that we can all be moving in the same direction with where care is going in California. I'm happy to answer any technical questions on the Bill, but ask for a support vote. Thank you.
- Jim Wood
Person
Thank you. Others in support?
- Wendy Carrillo
Person
Chair and Members, Kathy Mossburg with APLA Health, in strong support.
- Jim Wood
Person
Okay, thank you.
- Tiyesha Watts
Person
Tiyesha Watts with the California Academy of Family Physicians, in support.
- Jim Wood
Person
Thank you. Is there any opposition to the Bill? Seeing none. I'll bring it back to the Committee. Questions or comments? We have a motion by Mr. Villapudua. A second by Ms. Aguiar-Curry. It does enjoy a do pass recommendation by the Chair. A motion do pass, as amended, to Appropriations. Would you like to close, Ms. Carrillo?
- Wendy Carrillo
Person
Thank you, Mr. Chair. In recent years, initiatives from the Legislature and the Governor have promoted a move toward a whole-person care system as a way to make care more accessible and promote community health. However, while we have advanced certain goals, we have not given our community clinics the ability to actually have a pathway to reach those goals. This Bill is about giving community health centers the tools that they need to implement the models that the Legislature and the Governor's Office have put in place. Bill has no opposition. Respectfully request and Aye vote. Thank you.
- Jim Wood
Person
I'm sorry, you had a question on.
- Carlos Villapudua
Person
I'm just trying to get some clarity. I already voted for it. But you mentioned health centers. Is that the same as clinics?
- Louise McCarthy
Person
So the larger umbrella is community clinics for licensure. And then within the community clinic, licensure is a subset of federally qualified health centers. So, for example, Planned Parenthoods would be community clinics, but not federally qualified health centers.
- Carlos Villapudua
Person
And then the other question I have is I know that we have a problem like reimbursement, right? It's always late. Would this expedite it? Would it help?
- Louise McCarthy
Person
This changes the rate itself. It does not necessarily change the process by which the health centers are reimbursed through their reconciliation process. We are continuing to work with the Department on that.
- Carlos Villapudua
Person
Good. Okay. Thank you.
- Jim Wood
Person
Okay. Thank you. So 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 eight votes. It's out. We'll leave the roll open for others to add on. Dr. Weber.
- Akilah Weber
Legislator
Good evening, Chair and Members. I want to start by thanking the Committee Chair and staff for the thoughtful conversations leading up to this hearing.
- Akilah Weber
Legislator
I'm here to present AB 85, which will require health plans and insurers to include coverage for social determinants of health screening and access to community health workers. Thank you. Social determinants of health is commonly defined as the conditions in which people are born, grow, work, live, play, and age. In which a wider set of forces and systems shape the outcomes of your daily life and affect health, functioning, and quality of life outcomes and risk.
- Akilah Weber
Legislator
The determinants are things like safe housing, education, food access, transportation, and economic stability. Social determinative health screening tools in clinical practice help identify these social and economic risks of patients that may be previously unknown to health providers. Ideally, that information leads to healthcare teams linking patients to community resources or discussions about changing patient treatment plans to mitigate the social needs to improve health outcomes.
- Akilah Weber
Legislator
One survey conducted by the American Academy of Family Physicians indicated that family physicians want to help address their patients needs, but may face barriers in offering the support that they need. AB 85 helps address these gaps in healthcare by requiring coverage and reimbursement of social determinant of health screenings and access to community health workers. It also makes screening a covered benefit under medical beneficiaries.
- Akilah Weber
Legislator
This Bill also requires the Department of Health Care access and information to convene a working group to create a standardized model and procedures for connecting patients with community resources to access the need for centralized list of accredited community providers and determine gaps in research to inform policy. This Bill is sponsored by the California Academy of Family Physicians and is co-sponsored by numerous organizations such as California Primary Care Association, California Black Health Network, and the Black Leadership Council.
- Akilah Weber
Legislator
With me here today to speak in support of AB 85 are Catrina Reyes, Vice President of Advocacy and Policy at the California Academy of Family Physicians, and Dr. Scrub, a family physician from Sutter, Fairfield.
- Catrina Reyes
Person
Thank you, chair and Committee Members. My name is Catrina Reyes. I'm the Vice President of Advocacy and Policy for the California Academy of Family Physicians and the proud sponsor of AB 85.
- Catrina Reyes
Person
We would like to thank Assemblymember Weber for introducing this critical Bill that will make real impact on health outcomes, health equity, and health care costs as you know, social determinants of health are a growing cause of health care inequity, resulting in worsening health outcomes and increasing health care costs.
- Catrina Reyes
Person
AB 85 seeks to identify social determinants of health and intervene earlier by requiring health plans and insurers to provide coverage for social determinants of health screenings and to provide adequate access to community health workers, promoters or social workers. The impact of social need on health is well documented. Studies have found that food insecure individuals are 20% more likely to report that they have hypertension and 30% more likely to report that they have hyperlipidemia than their food secure counterparts.
- Catrina Reyes
Person
Substandard housing conditions are directly associated with respiratory diseases and in a study in 2000, attributed social factors as the direct cause of death. Taking the first steps in addressing social determinants of health through screenings and closing the referral gaps to community resources will result in better health outcomes and lower costs. In 2015, 2 of the most commonly treated conditions among the top 5% of health spenders, hypertension and hyperlipidemia, were linked to unmet social needs.
- Catrina Reyes
Person
Other conditions for which at least 25% of persons in the top 5% of health spenders were treated includes mental health disorders, heart disease, COPD or asthma, diabetes, and trauma-related disorders, all of which have been linked or exacerbated by social and economic conditions. By addressing the social needs of high healthcare spenders, particularly through community health worker intervention, we can improve chronic disease control, mental health, quality of care, and hospitalizations, and thus lower healthcare costs.
- Catrina Reyes
Person
A study on the expenditure reductions associated with social service referral programs found a 10% reduction in healthcare costs, equating to more than $2,400 in annual savings per person. Another study, conducted by the University of Pennsylvania on the Return on Investment for Community health workers for the Medicaid program, found that one team of community health workers serving just 330 patients would prevent 295 bed days, yielding a savings of over $700,000.
- Akilah Weber
Legislator
ABA 85 will improve health outcomes and health equity and reduce healthcare costs, and it is for these reasons that we urge an aye vote on AB 85. Happy to answer any technical questions the Committee may have. Thank you.
- Jim Wood
Person
Thank you. Please go ahead.
- Adia Scrubb
Person
Thank you, Chairman and committee Members. My name is Adia Scrubb and I am a family medicine physician from Oakland, California, currently working in Fairfield.
- Adia Scrubb
Person
I learned early on from my mentors in medicine that a community physician can also reach beyond the clinic walls to make an impact. I urge you to vote aye on AB 85 because it will ensure that healthcare providers have the resources to better understand factors impacting our patients health both inside and outside of the clinic. Screening for the social determinants of health is critical to developing a treatment plan that is best for my patients.
- Adia Scrubb
Person
If I am informed that a patient doesn't have reliable transportation, then I try to select medicines that require less follow-up and monitoring. If I am informed that an unhoused diabetic patient doesn't have access to refrigeration to keep insulin, then I have to maximize treatment with oral medications. However, there is a need to do more than just screen because there are obstacles outside of the clinic that interfere with a patient's ability to complete treatment.
- Adia Scrubb
Person
This Bill will provide the linkage between the healthcare team and the community resource through community health workers or social workers. They can ensure that patients are receiving the direct assistance they need to access food, transportation, housing and health care. I recall having a patient on limited income who kept missing her appointments in clinic after having a stroke.
- Adia Scrubb
Person
She later shared with me that she lived alone with no access to transportation and used up what she had left to take an Uber to the emergency room for her stroke symptoms. A social worker undoubtedly would have been able to help her with transportation vouchers or registration for ride services to help her with her follow up visits.
- Akilah Weber
Legislator
My family medicine colleague had difficulties with getting an unhoused patient a much-needed surgery because he did not have an address where he could be discharged to after the surgery. A social worker would have been able to assist the patient with navigating and obtaining at least some type of temporary housing to be able to move forward with the surgery. It is for these reasons that I respectfully ask for an aye vote AB 85. Thank you,
- Jim Wood
Person
Thank you, others in support?
- Molly Robson
Person
Molly Robson with Planned Parenthood affiliates of California in support.
- Jim Wood
Person
Thank you.
- Taneicia Herring
Person
Taneicia Herring with the California Hawaii NAACP in strong support.
- Jim Wood
Person
Thank you.
- Jennifer Robles
Person
Jennifer Robles with Health Access California in support.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Simona Hart with the Children's Specialty Care Coalition in support.
- Jim Wood
Person
Thank you.
- Nicette Short
Person
Nicette Short, on behalf of Rady Children's Hospital and the Alliance of Catholic Healthcare.
- Jim Wood
Person
Thank you.
- Taylor Jackson
Person
Taylor Jackson with the California Primary Care Association. We're proud co-sponsors and respectfully urge your support today.
- Jim Wood
Person
Thank you.
- Akilah Weber
Legislator
Rebecca Gonzalez, National Association of Social Workers, California Chapter in support.
- Jim Wood
Person
Thank you.
- Diamond Kim
Person
Diamond Kim on behalf of Children's Choice dental care in support.
- Jim Wood
Person
Thank you.
- Unidentified Speaker
Person
Izzy Swindler on behalf of California City Association of Psychiatrists in Support. Thank you.
- 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.
- Sandra Poole
Person
Sandra Poole, Western Center on Law and Poverty in support.
- Brandon Marchy
Person
Brandon Marchy with the California Medical Association in support.
- Nicole Wordelman
Person
Nicole Wordelman on behalf of The Children's Partnership in support.
- Jim Wood
Person
Thank you.
- Ronald Coleman Baeza
Person
Ronald Coleman Baeza, here on behalf of the California Pan-Ethnic Health Network and the Having Our Say Coalition here in support. Thank you.
- Akilah Weber
Legislator
Thank you.
- Meron Agonafer
Person
Meron Agonafer with California Black Health Network in support and co-sponsor.
- Jim Wood
Person
Thank you.
- Tasha Henneman
Person
Tasha Henneman, with the black. I'm sorry. With the Black Leadership Council in initiative of PRC in support, both with the Black Leadership Council proud co-sponsor and also on behalf of PRC in support. Thank you.
- Jim Wood
Person
Thank you.
- Ryan Spencer
Person
Ryan Spencer. on behalf of Ochin, the California Telehealth Network, the Crohn's and Colitis Foundation, and the American College of OBGYN's District Nine, all in support.
- Jim Wood
Person
Thank you. Is there any opposition to the Bill?
- Jedd Hampton
Person
Thank you. Good evening, Mr. Chair Members. Jedd Hampton with the California Association of Health Plans here regrettably in opposition to AB 85. I do want to thank the author's office and her staff and the Committee staff as well as we have had several good conversations around this Bill and we really appreciate the open dialogue.
- Jedd Hampton
Person
We also want to say that we certainly appreciate the intent of this Bill and agree with the author that social determinants of health are significant drivers of health disparities and are a critical component of determining health outcomes. Unfortunately, however, we feel that the Bill, as it's currently written, is overly broad and does not really provide health plans a clear direction on how to implement the Bill to the best of its ability.
- Jedd Hampton
Person
As stated in the Committee analysis, the Bill is silent on social determinant of health screening criteria, which populations should be screened and who should be performing the mandated screenings, whether that's health plan staff or primary care physicians, community health workers alike. So we are a little unclear currently on who's supposed to be providing those screenings. Moving forward, we would also like to point out that existing screening tools vary widely in the number, the classification, the labeling of categories and their specific questions within those categories.
- Jedd Hampton
Person
So there's no current consensus on the best or the most appropriate tool, nor is there really consensus, generally speaking, in the social determinant of health lexicon. So we would certainly appreciate a little bit more clarity on that component moving forward. As for the community healthcare workforce, this Bill obviously requires health plans to provide primary care physicians with adequate access to a variety of community based health workers. Obviously, this is something that we've been doing within the Medi Cal program.
- Jedd Hampton
Person
Just some of the lessons learned and challenges that we've seen in the Medi Cal program related to community health workers is that we've had challenges contracting with community health workers and Medi Cal to a variety of specific factors, including existing requirements on community health workers and an overall lack of capacity of workers to contract with. So we understand that HKI is in the process of developing some standardization for community health workers moving forward.
- Jedd Hampton
Person
So those are some of the concerns that we have around the Bill writ large and some more clarity on. But again, appreciate the intent, support the intent. However, we are opposed for the reasons I just stated. Thank you.
- Jim Wood
Person
Thank you
- Steffanie Watkins
Person
Mr. Chair and Member Stephanie Watkins, on behalf of the Association of California Life and Health insurance companies. In the interest of time, I will align my comments with my colleague. We look forward to working on this. I think it's key to make sure that we get it right and that we serve the populations that were to the best of ability for the plans. Thank you.
- Jim Wood
Person
Okay. Thank you. Bring back to the Committee for questions or comments. Any questions or comments, Ms. Waldron, just.
- Marie Waldron
Person
In the essence of time. I'll be quick. So I think it's important that we do understand what each individual is facing. I've always been a big proponent of whole person care, individualized care, and we do have, right now, we're able to cover ASIS screenings, and this will broaden it to look at some of the other issues that can affect people's health. Those things do affect people. We don't even realize sometimes some of the things that could affect somebody. So I think it's important that we do.
- Marie Waldron
Person
I do understand what the opposition is saying as well, and I think it's important that you all keep working together because the issues they bring forward are relevant. And even if we do this, how are we going to get it to actually work? Because we want it to work. So those will be important things. So thank you for bringing this forward.
- Jim Wood
Person
Thank you. Any other questions or comments? Would you like to close, Dr. Weber?
- Akilah Weber
Legislator
Yes. Well, thank you very much for allowing this Bill to be heard. Definitely. We'll continue working with the opposition. We understand that it is important, like they said, to get it right. Aces is important, but those are specifically focused on adverse childhood events. And when we talk about social determinants of health, it's not just the past, but current.
- Akilah Weber
Legislator
So as my fellow physician was talking about, understanding, if someone is unhoused currently and they're diagnosed with diabetes, do you prescribe them insulin where they won't be able to actually get it refrigerated? So understanding what's happened in your childhood, but also understanding what's going on in your society right now is an extremely important tool in the healthcare provider's toolkit to be able to provide the best care and really create healthy individuals.
- Akilah Weber
Legislator
And I think for those of us in the healthcare setting, and hopefully those in the insurance companies understand that preventing illness is much cheaper than actually treating it in the long term. And understanding the social determinants of health will actually help prevent treatment and create healthier individuals and healthier communities. And with that, I respectfully ask for your eye vote. Thank you.
- Jim Wood
Person
Thank you very much. There is a motion. It is by Mr. Mccarty, a second by Ms. Berner. Joy is a do pass recommendation from the chair, and a motion is do pass to appropriations. So I'll have Madam Secretary please call the roll.
- Committee Secretary
Person
Wood? Aye. Wood, aye. Waldron? Waldron, aye. Agular-Curry? Aguilar-Curry, aye. Arambula? Burner? Burner, aye. Wendy Carrillo? Flora? Vince Fong? Maienschein? Mccarty? Mccarty, aye. Joe Patterson? Rodriguez? Santiago? Villapudua? Villapudua, aye. Weber? Weber, aye.
- Jim Wood
Person
You have seven votes. We'll leave the Bill on call. Next up is Mr. Gabriel. Okay, AB 1063.
- Jesse Gabriel
Legislator
Sorry, I have no skittles. Thank you.
- Jim Wood
Person
We're going to comment about that, but not till that we get to the next Bill.
- Jesse Gabriel
Legislator
Okay, sounds good. Thank you, Chair and colleagues. And I want to start by accepting the Committee amendment. Thank you for your thoughtful feedback and assistance here.
- Jesse Gabriel
Legislator
As I shared with the Committee when we presented AB 1422 a few years ago, a lot of my interest in this area comes from my mom's experience as a registered nurse, the work that she did as a bedside nurse, the fact that she felt that there were times that she was so understaffed that it would actually put patients lives at risk for her to go take a restroom break, and the importance that we have around nurse to patient ratios and making sure that those are enforced.
- Jesse Gabriel
Legislator
And so this Bill is another move in that direction. It would require the Department of Public Health to efficiently document the effectiveness of its efforts to enforce those ratios in hospitals and health facilities and would allow greater transparency and accountability regarding the impacts of legislation that have been passed in prior years.
- Jesse Gabriel
Legislator
Will require the Department of Public Health to prepare and publish an annual report documenting its enforcement of existing regulations, including actual data regarding the number of complaints and investigatory steps taken and required to take input from healthcare professionals about the ways to improve its enforcement in the future.
- Jesse Gabriel
Legislator
So, actually giving our frontline healthcare workers, the folks that we called our frontline healthcare heroes during the pandemic, an opportunity to have a voice in the process, to make sure that they are in safe working conditions and that they can stand up for patient safety. So, with me today to testify are Charmaine Morales, RN, the President of UNAC, UHCP, and Matt Lege, Government Relations Advocate with SEIU California. Thank you very much and respectfully request your aye vote.
- Charmaine Morales
Person
Good evening. Thank you, Chairwood and Members of the Committee for Considering AB 1063, and thank you, Assemblyman Gabriel, for your unwavering support of our members, our nurses. My name is Charmaine Morales, President of United Nurses Associations of California Union of Healthcare Professionals. AB 1063 requires the Department of Public Health to officially document the effectiveness of its efforts to enforce nurse staffing ratios in hospitals and health facilities, leading to greater transparency and accountability.
- Charmaine Morales
Person
Nurse to patient ratios became law in California to protect patients as well as to support RNS. Unfortunately, following the staffing ratios law has been a problem for hospitals, which has led to nurse burnout. Since I became President in October, I have been visiting our nurses throughout the state, checking in on their well being and their morale. The primary response from our nurses has been to fix the staffing crisis at their workplace. Many of our staffing challenges, specifically understaffing, existed prior to the Covid-19 pandemic.
- Charmaine Morales
Person
Covid only exasperated the problem more. The staffing crisis has taken a heavy toll on our nurses, and failure to staff appropriately results in higher levels of nurse burnout and nurse turnover. Understaffing has also led to unnecessary costs to the employer. Hospitals have spent millions of dollars on travelers instead of hiring permanent rank-and-file nurses. Hiring these temporary RNs, sometimes from other states, costs much, much more than a full-time rank-and-file nurse on an hourly basis.
- Charmaine Morales
Person
Moreover, AB 1063 will allow direct care nurses to provide input regarding the efficacy of DPH's enforcement efforts as well as suggestions for improving enforcement. This Bill does not impose any new obligations on hospitals, nor does it impose any fines, but it does ensure that the DPH's enforcement efforts regarding existing laws are effective. Thank you for your time and I respectfully ask for your aye vote.
- Matt Lege
Person
Good afternoon chair Members. Matt Lege on behalf of SEIU California in proud support of AB 1063, we'd like to thank the author for bringing this issue forward and continuing to champion issues related to nursing care and patient care. We know that nurses are strong advocates for their patients and unfortunately, when nurses are overwhelmed and understaffed, it does impact patient care.
- Matt Lege
Person
For years, SEIU in partnership has pushed for greater transparency and accountability of nurse-to-patient ratios, including AB 1422 and also SB 227, to impose fines on hospitals who are violating state staffing laws. Nurses on the front lines of patient care have reported violations of nurse ratios and have repeated the call to hold hospitals accountable to state staffing laws. When nurses are pushed to care for more patients than they're allowed in the ratios, it jeopardizes patient safety and leads to poorer health outcomes.
- Matt Lege
Person
SEIU is supporting this measure because it will ensure that during the Department of Public Health process that the nurse's voice is woven into the enforcement process. We know that at the department, vacancy and turnover is an issue with enforcement. However, we urge the state to continue address that issue while also ensuring that nurses voice is included in the enforcement process. For these reasons, SEIU is proud to support AB 1063 and urge your aye vote.
- Jim Wood
Person
Thank you. I'm sorry, somebody was thinking about us. Motion by Ms. Aguiar-Curry. Excuse me, my motion by Ms. Boerner Horvath, a second by Ms. Aguiar-Curry. Others in support of the Bill, please. I'm sorry, I was distracted by.
- Christophe Mair
Person
Christophe Mair, American Federation of State County Municipal Employees in support.
- Jim Wood
Person
Thank you.
- Elizabeth Hawkins
Person
Elizabeth Hawkins, UNAC/UHCP, registered nurse in support.
- Jim Wood
Person
Thank you. Anyone else? Is there opposition to the Bill? No one else.
- Vanessa Gonzalez
Person
Good evening. Chair and Committee Members, Vanessa Gonzalez with the California Hospital Association in opposition to AB 1063. As you all know, the pandemic has taken a heavy toll on the healthcare delivery system, and hospitals throughout the state are still recovering. Hospitals are experiencing an unprecedented level of patient volume, particularly in our emergency departments, which are experiencing a 42% increase in patient volume, and that number is only expected to increase at the same time.
- Vanessa Gonzalez
Person
California is in the midst of a healthcare workforce crisis and hospitals are facing the worst staffing shortages in memory. According to a recent UCSF study, California has a deficit of 40,000 registered nurses, and that number will only continue to grow. And it's not only nurses. There is also an estimated shortage of 500,000 allied health employees by 2024. Hospitals are trying to hire nurses as quickly as possible and doing their part in training nursing students.
- Vanessa Gonzalez
Person
In fact, CHA is working with the sponsors of the Bill on another proposal to ensure that nursing slots are available at hospitals for students to complete their clinical rotations. CHA is also co-sponsoring a Bill with SEIU that also aims to increase healthcare workforce to the community college system.
- Vanessa Gonzalez
Person
While hospitals are doing everything they can to bring on more nurses, including hiring more employed nurses, as well as bringing on traveler nurses to help fill that gap to meet staffing ratios, there are circumstances when the number of patients who need care may exceed the number of nurses that hospitals have available, making it impossible to adhere to the staffing ratios. Fortunately, in these circumstances, rather than requiring the hospital to turn away patients, the law provides an exemption to the ratio requirement.
- Vanessa Gonzalez
Person
Sometimes these circumstances may be anticipated, for example, during COVID surges or completely unexpected, such as during natural disasters or other emergencies. In addition, these and other compliance-related information on staffing ratio compliance and quality, particularly enforcement actions, are already publicly available. State law already has a process in place for anyone to report staffing ratio complaints and an investigation process for CDPH. The reporting requirements in AB 1063 would not result in improved quality of care in our communities.
- Vanessa Gonzalez
Person
For these reasons, CHA respectfully requests your no vote on AB 1063. Thank you.
- Jim Wood
Person
Okay, thank you. Are there others in opposition? No one will bring it back to the Committee for questions or comments. I know Mr. Villapudua had a comment.
- Carlos Villapudua
Person
Thank you. Thank you. Through the chair. I do want to thank the author for bringing this forward. As a former county supervisor, I sat on all our Hospital Committee, committees, and this has been an ongoing problem ratio, not just with nurses, but line staff. It's always hard. It's always very hard.
- Carlos Villapudua
Person
Especially, It's harder even, too, when we close down clinics in our district. It just makes it harder and in our hospital, I've always learned that our nurses always had this passionate heart because sometimes they have to care for more than they're supposed to. I've heard the concerns and complaints, and it's difficult because I also feel that how do we fix this problem? How do we get more nurses through? I heard the opposition right talk.
- Carlos Villapudua
Person
I think that I've always learned that it seems like it's a field that people really do want to go into, but how do we waive that stake more right to our hospitals? It's much needed, I know, uniformly enforced. So does that mean that we'll get numbers from every hospital? It would be something quarter yearly on how that's going?
- Jesse Gabriel
Legislator
Yeah. Thank you very much, assemblymember, and I just want to acknowledge the point that you made. I mean, I think that this is a profession in crisis, and a lot of these challenges predate Covid. We're certainly exacerbated by Covid. I know we have challenges in rural areas in particular, and that's why I think there's a lot of bills in this area this year, as you heard from opposition and from supporting witnesses.
- Jesse Gabriel
Legislator
There are ways that folks are looking to work together to save the profession, to create a stronger pipeline of nurses. I think those are really important pieces of the puzzle. We think that this is a little but important piece of the puzzle as well, which is to bring more transparency and accountability to the enforcement. Sometimes the hospitals are out of ratio because of natural disasters or other things that are no fault of their own.
- Jesse Gabriel
Legislator
And we worked with them on 1422 with the Hospital Association to hear their concerns, to get them to a place where they were neutral. But I also know from my own district, and I actually have five hospitals in my Assembly District. I think I may have more hospitals in my Assembly District than any, everyone's shaking their head than any member of the Legislature. There are distinct differences.
- Jesse Gabriel
Legislator
There are good actors and there are bad actors in their space, and there are folks out there who, because of profit motivation, because of financial incentives, because of corporate parents who are demanding that they squeeze every last dime out of the care that they are providing are putting nurses in untenable positions which are unfair to the workforce and really compromising patient safety and so this, we think, is actually a light touch approach. It gives more transparency, more accountability.
- Jesse Gabriel
Legislator
I'm a big believer in transparency and accountability that encourages folks, usually gives them the incentives to do the right thing. Will give us as a legislature, more information so we can think about what additional policy interventions, if any, are necessary. And also, very importantly, we'll give those nurses a voice in the process. I think what we've heard so much is just frustration from a workforce that has done incredible work, often put themselves and their families at risk during the COVID-19 pandemic.
- Jesse Gabriel
Legislator
People who went into hospitals day in and day out, pre vaccine, pre paxlovid, to protect other folks and are really burned out and to give them a voice in this process, to give them some agency, I think will help us to save the profession and also to craft a better policy. So appreciate the concerns that raise. Had an initial conversation with opposition. I think we're very, very committed to working with them, to understanding the challenges here.
- Jesse Gabriel
Legislator
Some of these challenges are not of their making, but this is an important piece of the puzzle, and that's why we think the transparency and accountability are called for in these circumstances.
- Carlos Villapudua
Person
Yeah, I would agree with you. It's not labor or the nurses fault. Sometimes it's the administration. Right. It is a tough thing to do, but I think that's why sometimes you look at County Administrators, I think the ratio, they last like every three years, they rotate. I think we need to do a better job. So I will be supporting today. Thank you.
- Jesse Gabriel
Legislator
Thank you. Appreciate that.
- Jesse Gabriel
Legislator
Okay, Dr. Weber.
- Akilah Weber
Legislator
Thank you.Assemblymember, Gabriel, for bringing this forward and thank everyone who's come up and spoke from someone who is on the ground. I think those bad actors are few and far between. I do believe that the hospitals are doing what they can, and the fact that there is a nursing shortage is real. I have seen slots positions be unfilled, especially after Covid, because people are burnt out, healthcare providers are burnt out.
- Akilah Weber
Legislator
But I will be supporting this Bill because I do think that it is another tool in our kit to fix the problem, which actually, I think, starts all the way back into the number of slots we have for our students to actually get into nursing school. And there are some bills around that, but we've got some great residents here in California that want to be nurses that can't. They have to wait for years.
- Akilah Weber
Legislator
And some of that has to do with our Nursing Board and the number of slots that they allocate. Some of it has to do with the places in which they can actually do clinical rotations.
- Akilah Weber
Legislator
And I know you mentioned that Bill, or someone mentioned that Bill earlier today, and so for me, I think that this Bill, even if it's information that we already have kind of in other different places, it being together in one report, will really help in our push to increase our numbers of our nurses, make sure that they're supported, and really deal with it from a holistic standpoint.
- Akilah Weber
Legislator
So thank you for bringing it forward just so that we have more to work with when we're tackling this problem. So thank you.
- Jim Wood
Person
Anyone else? We do have a motion by Ms. Boerner, a second by, pardon, Aguiar-Curry. Thank you. And the motion is do pass as amended to appropriation. I want to thank you for working with us on this. Would you like to close?
- Jesse Gabriel
Legislator
Thank you very much. Just would respectfully request an aye vote.
- Jim Wood
Person
Very well. Thank you. Madam Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That is nine to two that Bill is out. So we'll go ahead and move on to your next bill, of course. Motion was Mr. Fong, was that correct? Mr. Santiago? Mr. McCarty, whenever you're ready, sir. I'm sorry.
- Jesse Gabriel
Legislator
Oh, thank you, Mr. Chair and Members. I will be brief, just given the time. I just want to thank the Committee for their thoughtful work on this Bill. Confirm that we will be accepting the amendments. This is just a continuation of AB 61, which I authored in 2021 with many people in this room to provide some regulatory flexibility to our neighborhood restaurants that were just struggling so much during the pandemic.
- Jesse Gabriel
Legislator
Outdoor dining and regulatory flexibility became really a lifeline for these small businesses, which are the backbone of so many communities across the state. We know that many folks made significant investments in outdoor dining during the pandemic. Folks are still struggling to come back from that. They're obviously still struggling with inflation as well. And we know that these neighborhood restaurants, again, are just beloved. They contribute greatly to the cultural affairs in our community. They are an engine of upward social mobility.
- Jesse Gabriel
Legislator
They employ one of the most diverse workforces in the state. And so I think it would be really important for us to continue that flexibility so they can get back on their feet. With me today to testify on behalf of our sponsor is the California Restaurant Association's Jon Ross. Thank you, and would respectfully request an aye vote.
- John Ross
Person
My first hearing. Jon Ross, on behalf of the California Restaurant Association. Assemblymember Gabriel's AB 61 was critical, as he mentioned, for the survival of the industry over the last few years. It's turned into an amenity that the public loves. And we encourage this Committee to continue the facilitation provided by that original Bill. Thank you.
- Jim Wood
Person
Very well. Thank you. Others in support? There any opposition? Oh, I'm sorry. Excuse me. I'm sorry. I didn't mean to be so quick.
- Sumaya Nahar
Person
Sumaya Nahar on behalf of the California Travel Association, 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 for questions or comments.
- Cecilia Aguiar-Curry
Legislator
I have a comment,
- Jim Wood
Person
Ms. Aguiar-Curry.
- Cecilia Aguiar-Curry
Legislator
Knew I'd get your attention. I love this Bill. It saved my community, and my community is just falling apart. I have only four restaurant, five restaurants in town. They're all flourishing. If it wasn't for this Bill, I don't even want to think about what would my downtown look like. So I appreciate it, and I will strongly support for your Bill today.
- Jesse Gabriel
Legislator
Thank you very much.
- Jim Wood
Person
Thank you. Anyone else? Yeah, I've noticed the same thing in my town. So you obviously have flexibility for the outdoor dining and alcoholic beverages as well, which has been really important to especially a lot of small towns, smaller restaurants. So happy to support your Bill today. So I noticed you've been working on safe food for us, extending these privileges out there.
- Jim Wood
Person
We just ask that if you're going to do anything on maraschino cherries, that you let us know in advance, because we have real concern about that up here. So with that, we do have a motion by Mr. Santiago, a second by Mr. McCarty. The motion is do pass as amended to Appropriations. Would you like to close?
- Jesse Gabriel
Legislator
Respectfully request an aye vote. Thank you.
- Jim Wood
Person
Thank you. Madam Secretary, please call the roll.
- Committee Secretary
Person
Wood? Wood aye. Waldron? Waldron aye. Aguiar-Curry? Aguiar-Curry aye. Arambula? Arambula aye. Boerner? Boerner aye. Wendy Carrillo? Flora? Vince Fong? Vince Fong aye. Maienschein? Maienschein aye. McCarty? McCarty aye. Joe Patterson? Joe Patterson aye. Rodriguez? Santiago? Santiago aye. Villapudua? Villapudua aye. Weber? Weber aye.
- Jim Wood
Person
That's 12-0, your Bill is out. Thank you so much. Leave the roll open for others to add on. Two bills left. Ms. Boerner, you are up. AB 716.
- Unidentified Speaker
Person
Can we do 1481 first?
- Jim Wood
Person
Yeah, we can do that. So we'll start. Whoever made the motions will just. You're going to move 1481. Motion by Mr. McCarty. A second by Mr. Santiago on AB 1481.
- Tasha Boerner
Legislator
Okay. Good afternoon, Mr. Chair Members. AB 1481 requires the Department of Healthcare Services to do two things. Ensure that a pregnant person is covered under the PE4PW. I hate this. Presumptive eligibility for pregnant women until they are enrolled in full-scope Medi-Cal benefits and updates the program to be named presumptive eligibility for pregnant people as a gender-neutral term that is more inclusive to nonbinary, transgender, and gender-nonconforming Californians.
- Tasha Boerner
Legislator
Under the current law, the presumptive eligibility for pregnant women program provides a pregnant person with a low income, immediate, temporary coverage for up to 60 days while they're applying for full-scope Medi-Cal. However, it often can take longer than 60 days for a medical application to be approved, and in that time, PE4PW coverage can lapse, leading to a gap in coverage.
- Tasha Boerner
Legislator
Many people are left without coverage and either have to pay out of pocket for services or, unfortunately, forego essential medical care entirely while they wait for the Medi-Cal determination. In addition, the program provides coverage for all pregnant patients with low incomes, regardless of gender. The current name can seem alienating to nonbinary, transgender, and gender-nonconforming pregnant people and does not accurately reflect the inclusiveness of the program. AB 1481 is based on one of the Future of Abortion Council's recommendations.
- Tasha Boerner
Legislator
The bill is also a Women's Legislative Caucus priority bill. I respectfully ask for your aye vote. And with me is the joint author and actually the original author of the bill, Assemblymember Bauer-Kahan who will speak in support.
- Rebecca Bauer-Kahan
Legislator
It's fun to be a special guest here today. Committee. I just wanted to be here because I think that the Women's Caucus really stands in strong solidarity with the right for women to choose, and that means to choose abortion and to choose pregnancy and everything in between. And this bill is really critical for those that choose pregnancy because right now, the coverage that one gets under Medi-Cal is limited. It's limited in two ways. One is it can lapse after 60 days, which this bill corrects.
- Rebecca Bauer-Kahan
Legislator
But the second way is it only covers prenatal ambulatory care. It doesn't cover whole health care. And as those of us sitting here today know, when you're pregnant, you need your whole body to be healthy in order for that growing fetus inside of you to be healthy and carry your baby to term in a healthy way. And so that is missing from the bill now. And I hope we'll get added because we really have a long way to go in ensuring that pregnant people in California are getting the health care they need to be able to deliver the healthy babies they deserve if they so choose.
- Tasha Boerner
Legislator
And with that, I'll go ahead and add on. One of the things I think my colleague is referencing is, and we're clarifying whether this was actually taken out of the moment. And we want to make sure. I had a UTI for three months when I had my daughter, Maya. If that's not covered under Medi-Cal, you lose a baby. They were ready to put me on intravenous antibiotics twice a day so that I could keep my baby.
- Tasha Boerner
Legislator
And so these are the services that women need in California, and they're not uncommon. It's very common to get a UTI, and it was a low level. I didn't have any symptoms. I wouldn't have known had I not gone to the doctor. And so I'm very grateful for my daughter today. And I want everybody who chooses to have a child in California to be able to have that really important prenatal care. Respectfully ask for an aye vote.
- Jim Wood
Person
Thank you. Others in support?
- Christoph Mair
Person
Christoph Mair with the American Federation of State, County, and Municipal Employees, in support.
- Erin Evans-Fudem
Person
Erin Evans on behalf of the California Nurse Midwives Association and NARAL Pro-Choice California, in support.
- Ryan Spencer
Person
Ryan Spencer on behalf of the American College of OB/GYNs District 9, in support.
- Brandon Marchy
Person
Brandon Marchy with the California Medical Association, in support.
- Jim Wood
Person
Thank you very much. Is there any opposition to the bill? Seeing none. We'll bring it back to the committee for questions or comments. The bill is moved by Mr. McCarty and seconded by Mr. Santiago. Yeah, everyone's good. Okay. Motion is do pass to appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
Wood. Aye. Wood, aye. Waldron. Waldron, not voting. Aguiar-Curry. Aye. Aguiar-Curry, aye. Arambula. Arambula, aye. Boerner. Boerner, aye. Wendy Carrillo. Flora. Flora, not voting. Vince Fong. Vince Fong, aye. Maienschein. Maienschein, aye. McCarty. McCarty, aye. Joe Patterson. Joe Patterson, not voting. Rodriguez. Santiago. Santiago, aye. Villapudua. Villapudua, aye. Weber. Weber, aye.
- Jim Wood
Person
Would you like to not voting to aye?
- Committee Secretary
Person
Flora, not voting to aye.
- Jim Wood
Person
Thank you very much. Moving on to AB 716. We already had a motion. I think it was Mr. McCarty and Mr. Santiago, again.
- Tasha Boerner
Legislator
Mr. Chair and members. First, I'd like to accept the committee amendments and would like to thank the Chair and your staff for their work on this bill. AB 716, quite simply, seeks to prevent consumers from being hit with surprise bills for ground ambulance service. California already has strong protections in place for surprise medical bills, but there remains a loophole for ground ambulance bills. Under this bill, patients with insurance will only be responsible to pay the in-network cost-sharing amount.
- Tasha Boerner
Legislator
Those without insurance will be charged no more than the Medi-Cal or Medicare rate for that service, whichever is greater. And the bill would require that absent a contract between an ambulance provider and the insurer or health plan, the health plan or insurer pays the ambulance provider the locally authorized rate for that area, including those set through LEMSA, meaning that our local firefighters and paramedics are compensated for the heroic work they do. This issue is personal to me.
- Tasha Boerner
Legislator
My daughter had to take an emergency trip to the hospital. I think some of you who were here with me in 2019 remember when we came back from Supreme Recess, suddenly my daughter was in the hospital. I had to make a difficult choice. Do I go to present my bills and committee, or do I fly back and be with her in the hospital? Because she had to be in the hospital for three days with orbital cellulitis.
- Tasha Boerner
Legislator
And we had got a surprise ambulance bill, and despite having excellent health insurance. So you can imagine, folks, that don't have excellent health insurance, what is this doing to them? So when calling an ambulance, the last things anyone should be thinking about is whether that life-saving ride will result in financial hardship. AB 716 is a common sense solution that I hope all my colleagues in the Legislature will join me in supporting.
- Tasha Boerner
Legislator
I respectfully ask for an aye vote and I have me with me here today Jennifer Reisz, who will first share the story about what happened when her daughter was injured. And we'll also have Katelin, I did this wrong last time, Van Deynze, policy and legislative advocate for Health Access California as the sponsors of this bill.
- Jim Wood
Person
Thank you. You push the button there, please. Thank you.
- Jennifer Reisz
Person
Thank you. Good evening, Chairman Wood and committee members. My name is Jennifer Reisz and I live in Fresno County. I am here today to support AB 716. I hope after you hear my story, you will understand why an aye vote is so important to all Californians. Almost exactly a year ago, my daughter, a 21-year-old student, sustained serious injuries due to being kicked multiple times in the chest by a horse. After being kicked, she fell to the ground, unable to move or speak.
- Jennifer Reisz
Person
The Apple Watch she was wearing immediately activated and called 911. An ambulance arrived at our home and transported her to the nearest hospital 5 miles away. While there, she was diagnosed with four broken ribs and a partially collapsed lung. The seriousness of her injuries prompted her to be transported again by ambulance to a level-one trauma center 12 miles away. She spent three nights in the hospital. A month later, she received a bill from the ambulance company totaling $4,600.
- Jennifer Reisz
Person
My daughter is covered by my employer-sponsored health plan, but our insurance company paid less than half the bill, leaving my daughter with a $2,400 bill. She was distraught because she didn't know how she was going to pay this bill. I initially thought my insurance company was processing the claim incorrectly, but after many hours on the phone, I found out the $2,400 bill was because the ambulance company was out of my insurance plan network.
- Jennifer Reisz
Person
I also discovered that all Fresno County 911 calls are handled by this ambulance company and this company chooses not to contract with any employer-sponsored health insurance plans. This choice makes them out of network for all Fresno County residents with employer-sponsored health insurance plans.
- Jennifer Reisz
Person
With a million residents in Fresno County, that's a lot of people receiving a surprise ambulance bill to make matters worse, four months after receiving the first ambulance bill, and despite knowing I was working to resolve the claim with my insurance company, the ambulance company sent my daughter to collections. To provide perspective, the total bill for the three-day hospital stay at the level one trauma center was $57,000. My insurance covered all but $1700.
- Jennifer Reisz
Person
Basically, my daughter owed 3% of the hospital bill, yet owed more than 50% of the ambulance bill. I'm actively fighting to prevent other Californians from enduring the struggle I've endured over the last year. Ground transportation ambulances should be stopped from surprise billing for critical emergency services. I urge you to vote aye on AB 716. Thank you.
- Jim Wood
Person
Please go ahead.
- Katelin Van Deynze
Person
Good evening, Mr. Chair and members. I'm Katie Van Deynze with Health Access California, the statewide healthcare consumer advocacy coalition and we are proud to support and sponsor AB 716. AB 716 will close a glaring gap in our protections against surprise billing by prohibiting providers for surprise billing consumers for ambulance services. This will ensure that consumers will only pay their in-network cost sharing. And this bill will also place a cap on what uninsured Californians will pay for ambulance services, ensuring they're not charged that full rate.
- Katelin Van Deynze
Person
A surprise bill happens when a consumer does the right thing by going to an emergency room or taking an ambulance but gets care from an out-of-network provider throughout no fault of their own. In the case of an ambulance, a consumer doesn't have a choice in whether the ambulance that shows up is in their network, resulting in many surprise bills.
- Katelin Van Deynze
Person
For an ambulance ride, consumers often receive bills over 1000 and sometimes $2,000, which can be financially destabilizing for Californians, especially those with low and moderate incomes without savings. We hear from Californians that many will not even take an ambulance out of legitimate fear of the bill, putting their health at risk. If there's no contract between a health plan and a provider, AB 716 will require that the health plan or insurer will pay the provider the locally set LEMSA rate.
- Katelin Van Deynze
Person
AB 716 will end surprise billing for ground ambulance services and give consumers the peace of mind, knowing that they'll have better financial security during and after an emergency, ensure they can focus on getting the care they need, not the bill that they'll receive. Thank you, and I respectfully ask your aye vote.
- Jim Wood
Person
Thank you. Others in support?
- Linda Nguy
Person
Good evening. Linda Nguy with Western Center on Law and Poverty, in support.
- Jim Wood
Person
Thank you.
- Rebecca Marcus
Person
Rebecca Marcus with CALPIRG, in support.
- Jim Wood
Person
Thank you.
- Faith Borges
Person
Faith Borges with California Agents and Health Insurance Professionals, in support.
- Jim Wood
Person
Thank you.
- Ronald Coleman Baeza
Person
Ronald Coleman Baeza with the California Pan-Ethnic Health Network, CPEHN, in strong support. Thank you.
- 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. Mr. Rodriguez?
- Freddie Rodriguez
Person
Well, I want to thank the author for bringing this bill forward. I mean, I've done this job for over 30 years in the ambulance industry, and this was one of the big issues we face. The only problem I'm having with this bill is I don't know why I didn't think about this years ago before you did. So I'll obviously be supporting this bill. And thank you for bringing this forward to protect our communities across the state. Thank you.
- Jim Wood
Person
Thank you. Anyone else? I just want to say I appreciate you bringing this bill forward. I never thought about ambulances being in or out of a network. I mean, we worked on AB 72 way back when, and we never really thought of that. And I'm shocked to hear that a county would have no providers in any network, which is unfathomable. So thank you very much for bringing this forward. It does enjoy a do pass recommendation. Like to have you add me as a co-author, if you'd be willing. The bill is do pass as amended to appropriations. We do have a motion and a second. Would you like to close?
- Tasha Boerner
Legislator
Yes. Thank you. One, nobody should have messed with a mother. I think that's a very good rule. And two, it wasn't actually me. This happened to me. And I just thought that's how it is. And I have district advisory councils, and my local fire chief in Oceanside brought this up when we were debating what bills I should run. So we came up within December 2019. And he was the one that spotted that at Oceanside, their ambulance was part of their firefighters and sinuously contract with AMR.
- Tasha Boerner
Legislator
And he said, we have this problem that we are always having a hole because people just can't pay these bills. And so this is our third year running it, and hopefully third time is the charms. And I really appreciate that and appreciate added it on the co-author and would like to respectfully ask for your aye vote.
- Jim Wood
Person
Thank you very much. The motion is do pass as amended to appropriations. Madam Secretary, please call the roll.
- Committee Secretary
Person
Wood. Aye. Wood, aye. Waldron. Waldron, aye. Aguiar-Curry. Aguiar-Curry, aye. Arambula. Arambula, aye. Boerner. Boerner, aye. Wendy Carrillo. Flora. Flora, aye. Vince Fong. Vince Fong, aye. Maienschein. Maienschein, aye. McCarty. Joe Patterson. Joe Patterson, aye. Rodriguez. Rodriguez, aye. Santiago. Santiago, aye. Villapudua. Villapudua, aye. Weber. Weber, aye.
- Jim Wood
Person
That's thirteen-zero. Okay. That is all of the bills. We need to go through the order now and. Wait just a second. I know Mr. McCarty is missing. Ms. Carrillo is missing. Mr. Patterson is here. Okay. And Mr. McCarty is here. So let's go ahead. Okay. Mr. McCarty is excused. Except you did miss the last vote. Okay. Yeah, it did. Okay. All right. We'll go ahead to the top of the order then have Madam Secretary please open the roll. Call the absent members on the consent calendar.
- Committee Secretary
Person
Arambula. Arambula, aye. Boerner. Boerner, aye. Wendy Carrillo. Wendy Carrillo, aye. Maienschein. Maienschein, aye. Joe Patterson. Joe Patterson, aye. Santiago. Santiago, aye. Weber. Weber, aye.
- Jim Wood
Person
Item number three, AB 620. Please lift the call and call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Jim Wood
Person
That's 15-0. And that concludes the business of the Health Committee today. Thank you very much.
Committee Action:Passed
Next bill discussion: May 30, 2023
Previous bill discussion: March 15, 2023
Speakers
Legislator
Advocate