Senate Standing Committee on Health
- Susan Talamantes Eggman
Person
It's not our problem. Okay. The Senate Health Committee will come to order. And good afternoon. As we continue to welcome people in person, we're also continuing to adapt to people through our teleconference. We're going to allow six minutes for in person testimony per side. Individuals wishing to contact us via teleconference. The number is 877-226-8163 and the access code is 352-5905. We're going to cap the comments coming in on the telephone at 15 minutes.
- Susan Talamantes Eggman
Person
Today we have 18 bills on our agenda, two of those bills on our proposed consent, starting with AB 420. Or those bills are AB 425 and AB 1239. And we are going to start with Assemblymember Aguia Curry. Welcome.
- Cecilia Aguiar-Curry
Legislator
Madam Chair. And Senators. We all love someone who has struggled with or even died of cancer. I would have done just about anything to keep that from happening to my loved ones. HPV cancer rates are at 37,000 per year, and yet almost 60% of eligible teens have not received the HPV vaccination in California. Those numbers are much worse in small towns and communities of color.
- Cecilia Aguiar-Curry
Legislator
HPV causes a range of cancers in both men and women, but we can only use preventative screening for a few of them. Other types remain undetected until they become a threat to a person's life. AB 659 will increase uptake of cancer preventing HPV vaccine by guaranteeing that the vaccine is completely covered by all public and private health plans.
- Cecilia Aguiar-Curry
Legislator
This Bill as written will set the expectation that 8th graders be fully vaccinated against HPV, as well as an expectation for students entering UCS, CSUS and California Community Colleges. Parents of soon to be high school students will be notified at the beginning of 6th grade of the expectation for HPV vaccination, giving them ample time to learn about the vaccine and its benefits.
- Cecilia Aguiar-Curry
Legislator
The notification will be done in the method already chosen by local school districts to communicate to students and parents and in the statistically prevalent languages of the school population. The opponents asked for me to consider the devastating effects of the pandemic on students from students being kept from in person learning and social activities, and on school districts who fear declining enrollment.
- Cecilia Aguiar-Curry
Legislator
AB 659 has been amended to remove any enforcement by school districts and higher education institutions, so no student will be barred from school, college or universities. Then the opposition pivoted to claiming concerns of confusion created by the very notification of students and parents they'd requested. The Bill in its current form is endorsed by the California LGBTQ Legislative Caucus and is supported by a vast number of public health professionals and institutions and advocates, including the CMA, Planned Parenthood and the California Academy of Family Physicians.
- Cecilia Aguiar-Curry
Legislator
The Freedom Angels removed their opposition when the enforcement was dropped. Madam Chair, my goal is to have every eligible child vaccinated against this life threatening virus. The Bill started off as a mandate, which is not confusing, but I listened to the concerns of the parents and compromised to remove enforcement. The Bill no longer mandates the vaccine for school attendance and will not contribute to declining enrollment. The default should be protecting our kids through this vaccination.
- Cecilia Aguiar-Curry
Legislator
What no one can argue against is that a weaker notification will result in less children getting vaccinated and more people getting cancer. So I will, with great personal respect, ask for you to reconsider the proposed amendment to change expectation to recommendation in the Bill. Your staff has kindly offered to include more detail in the notification, which will further help me help educate parents on the vaccine. I appreciate that, and I look forward to working with you and them going forward for the perfect language.
- Cecilia Aguiar-Curry
Legislator
Here with me today. In support are Dr. Jeffrey Klauser, clinical Professor of Medicine, infectious Diseases, population and Public Health Sciences from USC Geck School of Medicine, and Dr. Shapiro was a community physician at the AltaMed Health Services.
- Susan Talamantes Eggman
Person
Okay, and just to say that I am the chair of the LGBTQ caucus and was supportive of it as a mandate. That's not how it came out, and I am supportive of the concept. I am not supportive of using the term expected because I don't think it's defined. I think we have recommendations and or mandates, but expected, I think, causes a lot of confusion. We've heard from both public health and the Department of Education. It's confusing and misleading. So I'm simply asking you to change that.
- Susan Talamantes Eggman
Person
We are recommending that people get the vaccine. And I understand you have issues with that, but that's just to be clear for the public. That's where we are. Okay?
- Susan Talamantes Eggman
Person
Can we get the first witness, please?
- Jeffrey Klausner
Person
Good afternoon. My name is Dr. Jeffrey Klausner. I'm a Professor of Medicine, infectious Diseases, population and Public Health Sciences at the University of Southern California. I am also a former CDC medical officer and former deputy health officer for the City and County of San Francisco. I am testifying today as an individual and do not represent any prior or current affiliations. Today in California, about half of adolescents have completed HPV cancer vaccination.
- Jeffrey Klausner
Person
That leaves about half of young Californians incompletely or fully unprotected against those cancer causing viruses. My own published research has shown with the current inadequate vaccination coverage in California, there will continue to be about 1350 new preventable cancers every year, at an annual cost to California of $52 million. With increased vaccination coverage, more cancers could be prevented, lives saved, and state healthcare costs reduced. Every day, two Californians die from vaccine preventable HPV related cancer. Additionally, there are important concerns on the issue of equity.
- Jeffrey Klausner
Person
My research has shown that in some counties, the HPV vaccination completion is as low as 10 to 15%, while other counties reach 60% or more. The HPV cancer vaccine is very safe. In the 17 years since the FDA approval of the vaccine in 2006, safety concerns have never been validated in scientific studies. An overwhelming consensus of medical and public health experts in the US and globally agree that HPV vaccination is safe. HPV cancer vaccine is highly effective.
- Jeffrey Klausner
Person
Studies have shown that the vaccine reduced precancerous lesions and abnormal cervical PAP smears. Most recently, a nationwide study in Sweden showed that HPV cancer vaccination reduced HPV related cancers by 88%. In countries like Australia where HPV cancer vaccination is routine, the number of cervical precancers and cancers have declined dramatically, such that by 2035, HPV related cancers may be eliminated. In Australia. I've also done research to show the benefit of school based Vaccination requirements in Virginia, Rhode Island, Hawaii, Washington and Puerto Rico.
- Jeffrey Klausner
Person
In those places, school based entry requirements increase vaccination coverage from 50% to 80%, the target of the US healthy People 2030 recommendation. Lastly, I strongly support maintaining the language in the Bill that vaccination is expected of students as changing to recommended weakens the policy and might result in slower progress in reaching the state policy goal. I urge all of you to vote yes on AB 659 to help protect Californians from preventable cancers and reduce health disparities. Thank you.
- Susan Talamantes Eggman
Person
Thank you. Next person, please.
- Ilan Shapiro
Person
It's an honor to be here with all of you. Good morning and good evening, chair and Members. My name is Dr. Ilan Shapiro. I am here to speak in support of the AB 659 on behalf of AltaMed Hair Services and myself as a community physician and most importantly, as a father. I serve as a participating physician and chief health correspondent and medical affairs officer for AltaMed.
- Ilan Shapiro
Person
AltaMed is one of the largest federal qualified health centers on the nation and we provide more help and most importantly to our base of 500,000 patients in California. It's important right now to understand that HPV is something that touches all of us, and one of the important things that we need to do is make sure that our future generations are protected and most importantly, our families have a better future than the one that we already have right now.
- Ilan Shapiro
Person
AltaMed has been exemplifying what actually community Members have been doing by moving forward with campaigns with COVID-19 vaccinations. We know right now that the communities are important and the educational component of it is key at the moment that we connect the dots and we give the opportunities to be protected against things that we can actually skip. Like cancer is extremely important for all of us. Preventing measures are a key aspect of creating a healthier future for our kids.
- Ilan Shapiro
Person
As a physician and most importantly as a father, I want my children to worry about math and social studies and not cancer. Each year, more than 46,000 people in the US. Are diagnosed with HPV related cancers. The HPV vaccine prevents around 90% of those cancers caused by HPV in both boys and girls. Having the opportunity and understanding that HPV is a common virus, that 75% of 15 to 24 year olds are exposed to HPV by that age is impressive.
- Ilan Shapiro
Person
As a father and as a physician, I want to give my community the best evidence based tools to be healthy. Why would it be important to protect at this age? Preteens produce more antibodies after two doses of HPV vaccines, while older teens require three doses. And this is important because that way we are actually preventing a lot of cancer. Protecting adolescents through HPV vaccinations before high school and before they are exposed to the virus takes advantage of the HPV natural vulnerabilities. Earlier is better.
- Ilan Shapiro
Person
Reducing barriers to this vaccine can lead to elimination of cancer among youth and young people. For example, and we already heard in Australia, they are projected by 2020.
- Susan Talamantes Eggman
Person
Doctor, you need to wrap up. You're over six minutes now.
- Ilan Shapiro
Person
Sorry about that one. Most importantly right now, as a California physician and as a parent, I ask you for your help to do my job to protect the children from preventable diseases. I urge you to support AB 659.
- Susan Talamantes Eggman
Person
Thank you very much. And we'll give the same amount of time. And just so I remember you said something and I just want to double check with you again before we go forward. You said the staff had provided language. I'm going to read this to you and see if this is what you'd be willing to accept. Okay. Yours is expected. This says this is what the policy notice would say going out to 6th graders.
- Susan Talamantes Eggman
Person
The Centers for Disease Control and Prevention Advisory Committee on Immunization Practices recommends the HPV vaccination at age 11 or 12, although vaccination can be started at age 9. ACIP also recommends vaccination for everyone through age 26, if not adequately vaccinated when younger. The CDC states that HPV vaccines are very safe. Scientific research shows the benefits of HPV vaccinations far outweigh the potential risks. Is that what you're willing to accept?
- Cecilia Aguiar-Curry
Legislator
Can I address that in my close?
- Susan Talamantes Eggman
Person
Certainly.
- Cecilia Aguiar-Curry
Legislator
Okay.
- Cecilia Aguiar-Curry
Legislator
Thank you.
- Susan Talamantes Eggman
Person
All right, others speaking in support at this time. Would you come forward? And now it's just name and affiliation.
- Kenneth Prado
Person
Would you make sure it goes to the hello Committee? I'm a governing board trustee. May I have 1 minute of your time in support of this?
- Susan Talamantes Eggman
Person
Go ahead, please.
- Kenneth Prado
Person
Oh, thank you.
- Susan Talamantes Eggman
Person
Name and organization, That's all. This is everyone's speaking in support right now.
- Kenneth Prado
Person
May I have 1 minute as a governing board trustee in support of this? Just a short statement then I'm going.
- Susan Talamantes Eggman
Person
To allow that for the opposition as well.
- Kenneth Prado
Person
All right, thank you.
- Kenneth Prado
Person
Hello. My name is Kenneth Prado and I am a governing board trustee for Hemet Unified School District. And I'm here in my own capacity and not as a school board trustee. I believe strongly in precancer screenings and I support AB 695. If let me repeat, if you add the words not required for in person learning.
- Susan Talamantes Eggman
Person
Okay, thank you very much.
- Kenneth Prado
Person
Thank you, thank you.
- Susan Talamantes Eggman
Person
Next person please.
- Unidentified Speaker
Person
Taylor Jackson on behalf of California Health Plus advocates in support. Thank you. Mehranna goneifer with Cbhn in support. Thank you, Holly Robeson with Planned Parenthood Affiliates of California in support. Thank you. Jessica Moran. With the California Dental Association in support. Thank you, Betsy Armstrong with the County Health Executives Association, representing local health departments in support. Thank you, madam. Chair Brandon Marchey, with the California Medical Association in support.
- Unidentified Speaker
Person
And also authorized to be in support for the American College of OBGYN's, District Nine. Thank you, Tyesha Watts with the California Academy of Family Physicians in support. Thank you, Kathy Mossberg of Central Access Health in support. Thank you. Madam Chair, Members, rand Martin, on behalf of the AIDS healthcare foundation in strong support. Thank you very much. Isabella Aragueta with the Health Officers Association of California in support.
- Susan Talamantes Eggman
Person
Thank you very much. Okay, now we'll hear from those in opposition. Again, you'll be granted six.
- Unidentified Speaker
Person
Where are we at with time? It was like a little bit of extra on the first thing, and then the other gentleman had a little bit of time. Total time? You'll have six minutes and 30 seconds. Okay. All right. Are you the only one speaking in opposition today? No, there's going to be three of us. Okay. So you might want to keep track of that time.
- Unidentified Speaker
Person
Okay. Right. Sorry. Time has started, sir. Okay. We believe that all people should have the option of choice, especially when it comes to something that has the potential for serious side effects. The problem we have now with this Bill is that there is no language that will ensure people understand that they have an option. All the opposition has been asking for for months is that the author adds language in the notification to students and parents that clarifies that this public policy is not an enforced mandate. The author has refused.
- Unidentified Speaker
Person
Therefore, we believe that it is the intention of this Bill to lead students, parents, adults, children to believe that taking this vaccine is required in order to remain in school. Now, all vaccines are different, and the rate of injury varies depending on the vaccine. Gardasil Nine, the only HPV vaccine available, had three safety studies done by Merck Pharmaceuticals, the company that developed and manufactures this vaccine. Those studies evidenced an extremely high rate of severe adverse effect at 2.3%.
- Unidentified Speaker
Person
Now, you may have heard the phrase vaccine injury is one in a million. 2.3% would be 23,000 in a million, or to frame it differently, one in every 43 people. And these aren't minor side effects. The severe adverse effect is defined as death, life threatening condition, permanent injury, et cetera. In the 1980s, Congress set up a system to track postmarket experiences with vaccines called Vairs.
- Unidentified Speaker
Person
After the release of the Gardasil Nine vaccine, it quickly escalated to being the number one most reported vaccine to cause injury and death until the release of the COVID-19 vaccine. This vaccine was specifically developed to target HPV strains that cause cervical cancer. When Gardasil 9 was released in 2006. The cervical cancer rate in the US. Was 8.2 persons out of every 100,000 people. Since that time, the very lowest that statistic has become was in 2019, when it dropped to 7.5 persons out of 100,00 8.2 to 7.5.
- Unidentified Speaker
Person
The data shows that this vaccine is not safe, nor is it effective. And that is why if the author is going to allow people the choice by not kicking them out of school for not getting it, the least she could do is to ensure that people know they have that option. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Next person, please.
- Catherine Robio
Person
Can you hear me okay. My name is Catherine Swazo Robio. I'm a lifelong Californian and I oppose AB. 659. My daughter, Jennifer suffered a severe adverse reaction to the HPV vaccine Gardasil. As a teenager, Gardasil caused debilitating and devastating injuries. Jennifer was a high school athlete and honor student and had to drop out of school and has been disabled for over a decade. Jennifer is now 28 years old, and I am her full time caregiver. Gardasil has destroyed my daughter's life.
- Catherine Robio
Person
These injuries are real and they are devastating. Gardasil has been grossly mismarketed by its manufacturer, Merck. Merck oversold the efficacy of the vaccine and concealed safety risks. Merck's own literature states gardasil does not remove the needs for cervical cancer screening, does not treat HPV infection, does not protect against pre existing HPV infections, does not protect against HPV strains not covered by the vaccine, and may not fully protect each person who gets it. It is an expensive and optional Addon treatment.
- Catherine Robio
Person
It is important that the public is aware that the best way to prevent cervical cancer is a PAP smear. AP 659 uses language that is deceptive and intentionally misleading, and would lead the average Californian to believe that the state is mandating a cervical cancer vaccination for 8th grade through college students. The words public policy of the state and expected are coercive and misleading.
- Catherine Robio
Person
AB 659 needs to make clear that the vaccine is only a recommendation and not a mandate, and it needs to be expressly stated that students will not be denied access to education if they choose not to get the vaccine. My daughter and I met with the author of AB 659 and discussed the confusing and coercive language. We received a lot of pushback. When we asked why the language in the Bill implies that it is a mandate.
- Catherine Robio
Person
We were aggressively told by her chief staff that the Assembly Member will not be recommending the vaccine because she wants people to get vaccinated. It is inappropriate for the state to deliberately mislead the citizens of California by using deceptive and coercive language in this Bill. California should not be recommending a vaccine with serious side effects for a virus not transmitted in the classroom setting. Currently, there are hundreds of lawsuits in the United States, including California, against Merck for serious injuries caused by Gardasil.
- Catherine Robio
Person
Vote no on AB. 669 this vaccine is dangerous, being intentionally mismarketed, and it is guaranteed to injure innocent Californians. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Next person, please. Give a little bit over a minute.
- Karen Amagon
Person
Good afternoon. My name is Karen Amagon. I lead standup California. I'm the Director of Operations for Freedom Keepers United. And I am the Health Rights Director for Voice for Choice advocacy, working alongside a consortium of organizations advocating for health rights. Thank you for the opportunity to give testimony, though. AB 659 has been amended several times, key amendments are needed to clarify the intent of AB 659 and remove potential unintended consequences.
- Karen Amagon
Person
Though the author has made it clear that this is a mandate without enforcement, if this Bill is not amended, there is a strong likelihood it will be enforced. There needs to be a clear statement that the HPV vaccine is not required to enroll or attend in person, public or private or public higher education.
- Karen Amagon
Person
If you have a state policy in which there is an expectation that pupils receive the HPV vaccine, the California Department of Education and or the California Department of Public Health could issue guidance in the form of FAQs or Q A on their website. Based on this guidance, the California School Boards Association could then put forward draft school board policies, send these school boards across the state who would adopt policies that have enforcement language in them. The notification should also only to wrap up okay.
- Karen Amagon
Person
In order to stay consistent with Section 120335 of Health and Safety Code, pupils on IEP should also be exempt, as well as pupils enrolled in independent study. For these reasons, we ask you to vote no. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Other people speaking in opposition now just name and affiliation.
- Unidentified Speaker
Person
Olivia MICOS, co founder of US for. Vaccine, oppose unless further amended. Paul Roby, Pasadena, California strongly oppose thank you. Corinne Whitlow, co founder of take a stand, Stanislaus. I also am a registered nurse with a national certification oncology, and I oppose unless amended. Thank you.
- Unidentified Speaker
Person
Hi, I'm Haley Page with mom army, and I oppose, unless amended. Thank you. This is all being filmed anyway. But I know, right? We all got to be on camera, right? Sure. We all need selfies, right? I don't know. I want to thank you. Senator Agnes. Okay, thank you. Thank you so much.
- Unidentified Speaker
Person
Thank you. And my name is Srinalatch, and I'm with California Parents Union and Educate Advocate, and we're obviously in strong opposition, but I want to thank you. Thank you very much. Next person, please. Thank you so much.
- Unidentified Speaker
Person
Good afternoon, Members. Kaisha Williams, on behalf of California Parents Union, a special interest group for parents, grandparents, teachers, and concerned citizens, we're in opposition to AB 659. Thank you so much. Thank you. Next person, please.
- Unidentified Speaker
Person
Good afternoon. I'm Stephanie degree. I'm a licensed registered pediatric nurse and also a representative for California Nurses United, and we oppose the Bill unless further amended to poll sections 4 and 6. Thank you.
- Unidentified Speaker
Person
Thank you very much. Good afternoon. Lisa Dispro, with informed parents of Contra Costa County in strong opposition of medical tyranny. Hi. David Bolog from the San Fernando Valley Senator Menjivar's, 20th district and speaking on behalf of San Fernando Valley parents and San Fernando Valley alliance in opposition. Thank you. Thank you.
- Unidentified Speaker
Person
Good afternoon. I'm Sophia Laurie with California Family Council, and we stand in opposition. Thank you. Hello, my name is Ruth, and I'm in opposition. Thank you. Good afternoon. Madam Chair. Tom Sheehy on behalf of Perk advocacy.
- Unidentified Speaker
Person
We came in opposed unless amended. If the Committee clarifies the Bill, as you mentioned, we would be pleased to remove our opposition. Thank you. Good afternoon, Chair Eggman and Committee Members. My name is Leah Jones. On behalf of a Voice for Choice advocacy, we graciously ask that this Bill please be amended or else opposed.
- Unidentified Speaker
Person
Thank you. Good afternoon. I'm Kara Butler, a parent in Contra Costa County and I thank you for amending and I request that you change the verbiage. Thank you. Thank you. Good afternoon. Sarah Martinez. I'm a mom of three students in Contra Costa County and I oppose AB 659 as is.
- Unidentified Speaker
Person
Thank you. My name is Darlene Al Khiza from Protection of the Educational Rights of Kids. Thank you, Madame Chair, for your considerations. That's all. Thank you very much. Good afternoon. My name is Max Bonill on behalf of Rebuild California and strong opposition.
- Unidentified Speaker
Person
Thank you. Good morning. My name is Jeanette Phelps, Sacramento County, and I oppose this Bill. Thank you. Hello. My name is Melissa Prado, Riverside County, and I oppose this Bill. Thank you.
- Unidentified Speaker
Person
My name is Beau King of Sacramento County, and I oppose this Bill. Thank you. Another double filmer. Okay, you're opposed. Hello, my name is Mrs. G and I'm here with my son today. That's sitting in the audience, and we both oppose this Bill as well as my daughters. Thank you very much. Thank you, Ms. G. Okay, seeing nobody else coming to the mic at this time, we'll go to our phone blinds now. And now it's for or against the Bill. Just name an affiliation and position, please. Moderator are there calls on the line?
- Unidentified Speaker
Person
Thank you. For support or opposition of AB 659, please press one, then zero at this time. And we will go to line 270. Line 70, you're open now. Thank you. Madam Chair and Members. This is Aaron Evans calling in support on behalf of NARAL Pro Choice California. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much.
- Unidentified Speaker
Person
Next caller, please, at line 278. Good afternoon, Madam Chair and Members of the California State Senate Health Committee. I'm calling on behalf of my husband, Daniel Mckinnon. Myself and millions of other people affiliated with the organization by the name of who Owns Your Body. Does the who own your body? If the who owns your body, then that makes you a slave organization, and that goes double for children and you pharma fascists.
- Unidentified Speaker
Person
Okay, thank you very much. Next caller, please. Thank you. Moderator next caller, line two former fascists aren't having it today. Line 225, you're open? Yes. Hi, can you hear me? Yes. Go ahead, please. Okay.
- Unidentified Speaker
Person
I thought I heard somebody say that the fascists don't have it or something. Please don't do those kind of comments. Okay, thank you very much. Next caller, please. I object. Thank you. Next caller. 266266.
- Unidentified Speaker
Person
Hi. My name is Raquel. I'm calling from the National Association of Social Workers California chapter and we support this Bill. Thank you. Thank you, next caller, please, line 273. Hi, good afternoon. My name is Dalia. I'm calling from West Covina Parents for Choice and we strongly oppose this Bill.
- Unidentified Speaker
Person
Thank you, next caller, please, line 275. Hi, I'm calling from on behalf of AB Parents for Education and we oppose this Bill. Thank you. Next caller, please, line 197. This is April Bean from Sacramento County and I'm with the California Parents Union and I oppose this Bill.
- Unidentified Speaker
Person
Thank you, line 285. This is Gabrielle Ingram, founder of Stand Up Sacramento County. We oppose unless amended. We would be happy to withdraw and. Support thank you, line 194. Hi, my name is Carrie Prentice, I'm the founder of California Rise Up, representing over 2000 families and I'm calling in opposition.
- Unidentified Speaker
Person
Thank you, thank you, line 267. Desiree Haradia calling on behalf of California Freedom Keepers in opposition. Thank you, line 257. Hi, my name is Veronica, I'm a constituent of Luke County vaccine injured since 2014. I post this Bill or unless amended.
- Unidentified Speaker
Person
Thank you, thank you, next caller. Line 227. Good afternoon, Quentin Levec on behalf of California Health Coalition. Is he in opposition? Thank you. Line 224. My name is Annette Pantoha, I'm a mom of three from Riverside and I oppose this Bill strongly with us.
- Unidentified Speaker
Person
Next caller, line 308. My name is China Begley from Yuba County and I oppose this Bill. Thank you. Hi, my name is Christina from Los Angeles County and mom of two and I oppose this Bill. Thank you. Align 239. Hi, Jennifer Kennedy, attorney, LA County and Pasadena Parents for Liberty in strong opposition.
- Unidentified Speaker
Person
Thank you, line 281. Nicole Malpi from LA County, a parent of two teenagers, strongly opposed. Thank you, line 234. Deanna Larson calling from Riverside County, healthcare worker and mother in strong opposition unless your wording gets moved around, so it's not so coercive. Thank you, next caller, line 264.
- Unidentified Speaker
Person
Hello, my name is Margaret Arator from Sacramento County calling in strong opposition. Thank you, thank you, next caller, please, line 219. My name is Colin Britton with California legislative voice in strong opposition unless amended.
- Unidentified Speaker
Person
Thank you, thank you, line 246. Hi. My name is Catherine Mcbride. Placer county and California Parents Union is strongly opposed as misleading and dangerous. Thank you very much. Next caller, please, line 297297. Hello, my name is Brianne Zamak, founder of Endured Moms Against Gardafell and mom of three and we strongly oppose this Bill.
- Unidentified Speaker
Person
Thank you, line 210. Hi, this is Anne Swedberg from Santa Cruz County and I strongly oppose that Bill. Thank you, line 212. Good afternoon, chair and Members, my name is Joni Greep. I am a mother of three, a registered nurse and a school board triskey calling in strong opposition.
- Unidentified Speaker
Person
Thank you, next color please, line 300. Yes, my name is Deborah King and. I'm in Sacramento County, and I'm a single mother of two, and I strongly oppose this despicable Bill. Thank you. Next color, please. Line 303. Hi, my name is Linda Rich from Plaster County. I strongly oppose AB 659 public schools will implode.
- Unidentified Speaker
Person
Thank you. Next color, line 262. Hello. This is Reina Shabesta. I am a school aged parent and school counselor. I am an Orange County parent, and I represent the group Newport Mesa Uncensored, and we strongly oppose this Bill. Thank you. Next caller, please.
- Unidentified Speaker
Person
Line 290. Hi. My name is Amber De LA Cruters, and I'm from Orange County, California. I'm in opposition unless amended. Thank you. Next caller, please. Line 268. Hi, I'm a parent of three daughters from Tahema County and strongly oppose this Bill. Thank you. Next caller, please. Line 188. Hi, I'm Michelle O'Brien from Orange County. I'm a mom, a grandma, and Member of Heritage Action and Perk. Unless amended. I oppose AB 659. Thank you.
- Unidentified Speaker
Person
Thank you. Next caller, please. Line 304. Good afternoon. My name is Anna Calderon from Orange County. I'm a retired second grade teacher and mom of autistic teen twin sons, and I am in strong opposition.
- Unidentified Speaker
Person
Thank you. Next caller, please. Line 302. My name is Veronica Solace. I'm calling from Santa Claus County, and I'm a mother of an autistic boy, and I strongly oppose this Bill. Thank you. Thank you. Next caller, please. Line 48. Hi. My name is Daniella Florence from Santa Barbara County, and I oppose this Bill.
- Unidentified Speaker
Person
Thank you. Next caller, please. Line 226. Hi. This is Nicole Corral from Ventura County. I'm a parent and educator, and I'm calling in strong opposition to this Bill. Thank you. Line 288. Good afternoon. My name is Shannon. I represent 235 families with California parents right to Act Now, and we strongly oppose.
- Unidentified Speaker
Person
Line 289. Amo Tito Perez De Sanoma. Siesto. Pasa De LA Cuela. Thank you. Next caller, please. Line 298. Yes, hi, my name is Margaret Williams, and I'm a parent of two children. I live in LA County, and on behalf of thousands of parents, we are opposing this Bill.
- Unidentified Speaker
Person
Thank you. Thank you. Next color, please. Line 255. Hi, this is Rachel Categon, founder of Natomas USD for Freedom, and we oppose AB 659, unless amended. Thank you. Thank you. Next color, please. Line 318.
- Unidentified Speaker
Person
Hi, my name is Kelly Ferrillis out of Potter County. I'm a mom of four, and I strongly oppose this Bill. Thank you. Next caller, please. Line 294. Hi, my name is Reina Solomon from Ventura County and I strongly oppose this Bill. Thank you. Next caller, please.
- Unidentified Speaker
Person
Line 314. Good afternoon. My name is Kobe and I'm calling on behalf of Tulare County Coalition for Freedom, also Blessings of Liberty, Mass, California. I represent two churches in opposition of this Bill. Thank you very much. Have a blessed day. Thank you. Next caller, please. Line 259. Hi. My name is Michael Keswick. I'm a UC Berkeley public health grad who was injured from Gartesville in 2006. I strongly oppose. Thank you. Next caller, please.
- Unidentified Speaker
Person
Line 326. Yes, Penny Harrington from San Diego County strongly opposed, but thank you for the incremental amendments. Thank you. Please. Line 325. My name is Christina Calderon, a mother of two, and I strongly oppose this Bill. Thank you. I think your sister called. Next caller, please.
- Unidentified Speaker
Person
Line 285. Hi, my name is Maggie Atkinson, mom of two from Riverside County, and I strongly oppose this Bill. Thank you. Next caller, line 230. Dixon Espandiari from the law firm of Wisner Bomb. We represent hundreds of young boys and girls who've been injured by gardasil in strong opposition, as it will mislead the public and is unwarranted. Thank you. Thank you.
- Unidentified Speaker
Person
Line 331. Have you picked up on it? The parents opposed this stuff. Thank you very much. Next caller, please. Line 337. My name is Natalie with Catholic Families for Freedom and Perk. Calling to oppose this Bill in strong opposition thank you.
- Unidentified Speaker
Person
Doesn't address Ross line. Thank you. Hi, my name is Anne Solomon. I'm a grandmother and a mother. And I strongly oppose this Bill because it definitely puts our children in much danger. Thank you. Thank you. Next caller, please. Line 350. Hi, good afternoon. My name is Jennifer Cardenas and I am in very strong opposition of this Bill. AB 659. Thank you.
- Unidentified Speaker
Person
Madam Chair. No further comments in queue at this time.
- Susan Talamantes Eggman
Person
Thank you very much. And we did that in under 15 minutes. All right, now is the time we would bring it back to the Committee. Senator Wiener, you are reckoned.
- Scott Wiener
Legislator
Thank you very much, Madam Chair. First of all, I want to thank the author for not just this Bill, but her many year advocacy for prevention of HPV related cancers. I really just admire your work and I'm so appreciative of your just tenacity on this issue and also supporting smart public health measures such as vaccination.
- Scott Wiener
Legislator
And I strongly supported the original version of this Bill, the requirement to prevent cancer for kids so that they have a reduced risk, dramatically reduced risk of cancer for their entire lives. I wish that that were the version before the Committee today, and I would love to re amend it back. I know that's not possible given how the Legislature works, and I support the Bill in imprint, so I just wanted to sort of put that out there.
- Scott Wiener
Legislator
This is very real, and I just have CDC statistics in front of me. This is not like a tiny issue we have every year in the US. About nearly 40,000 HPV cancers, about almost 22,000 among women and almost 16,000 among men, because this is cervical cancer, maybe the most or among the most common, actually, it looks like back of the throat is even more common than cervical cancer.
- Scott Wiener
Legislator
But cervical cancer is a huge public health issue, but it's broader than that, and it affects both men and women. In addition, in terms of we know that this is an effective vaccine. It reduces the risk by about 90%. It's also a safe vaccine. I know we've heard some statistics today, but I'm looking at the National Cancer Institute site and the rate of I'll just read it. Reports of serious health issues after HPP vaccination were consistently rare, about 1.8 per 100,000 HPV vaccine doses, or 0%.
- Scott Wiener
Legislator
So this is a safe and effective vaccine. No vaccine is perfect, but this is a good one. I will also just say on a very personal front, I'm of the age where there was no HPV vaccine when I was a kid. It was approved for men when I was 39 years old. So I was well past the time when it was recommended. And so I did not have HPV protection. I was recently diagnosed with HPV related precancer, and I'm going to be fine. I got treatment.
- Scott Wiener
Legislator
I'll have to be monitored for a while. And it's not the most pleasant treatment in the world, but it's all going to be good. And I just happened to get screened for it for unrelated reasons. And fortunately, they found it and were able to treat it. I really wish that when I was a boy, that they had had the HPV vaccine and knowing my family, we would have gotten it. And there was a very high probability that I would have avoided having HPV related precancer.
- Scott Wiener
Legislator
And so when we talk about the health of our kids and it's not just about the health of the kids, it's about their health for the rest of their lives, because this isn't a situation that they can just get it at any point in their lives. We know that it's by far and away most effective if they get it, if they receive the vaccine as a teenager.
- Scott Wiener
Legislator
And if they don't, then they are being basically the lifetime risk of HPV related cancer is being inflicted on them for the rest of their lives. And I think it makes all the sense in the world for people to receive this vaccine at the age specified in the Bill. And again, I think this is just incredibly important. It's an incredibly important public health issue. And I'm happy to support the Bill today and happy to move the Bill at the appropriate time.
- Susan Talamantes Eggman
Person
Thank you very much. Other Members wishing to speak. Senator Grove.
- Shannon Grove
Legislator
Thank you, Madam Chair. I do apologize to the author that I am bouncing between two committees rules and where the Senate Pro Tem is at and governor's confirmations in here. So I did miss a large part of the testimony, but I did want to note, number one, just and I know you've read the analysis, but the analysis in the Bill actually says, sorry let me pull it up again.
- Shannon Grove
Legislator
That the CDE, the California Department of Education, because of the way the wording in the Bill, it actually sounds like a mandate. But it's not a mandate.
- Cecilia Aguiar-Curry
Legislator
Correct. It's not a mandate.
- Shannon Grove
Legislator
It is not a mandate. So when you read the language, I'm going to address that you weren't here, but I will address that in my.
- Shannon Grove
Legislator
Clothes, in your so so, and I apologize. But in the language itself, the California Department of Education says the Bill is misleading and may indicate to many that HPV vaccine is required to enter 8th grade. And they think that would be a confusing thing for parents. And I understood, and correct me if I'm wrong, Madam Chair, but I understood that the Committee or you had amendments. So are we taking those amendments to clarify the language or the author?
- Susan Talamantes Eggman
Person
Thank you. Senator Grove. We have requested that the author take amendments that changes expected to recommended.
- Susan Talamantes Eggman
Person
We have a statement written up. The Center for Disease and Control Prevention CDC Advisory Committee on Immunization practices recommends the HPV vaccination at age 11 or 12, although vaccination can start at the age 9. Also vaccinations for everyone through age of 26, if not adequately vaccinated when younger. The CDC states that HPV vaccines are very safe. Scientific research shows the benefits of the HPV vaccination far outweighs the potential risks. We've asked the author to take the amendment.
- Shannon Grove
Legislator
Right.
- Susan Talamantes Eggman
Person
So far the author has been unwilling and my recommendation will be an aye. If the author takes the amendment without it, I have a none recommendation, but I will be voting no.
- Shannon Grove
Legislator
Thank you for that clarification again. I just needed to be caught up to speed. So I apologize for going over all that again. I do happen to agree with the chair. I think the word expected, if you look it up in the dictionary, sounds more like a mandate than recommended. That sounds like it's okay for the parent to make the decision on their child. I realize this isn't like measles mumps chickenpox. It's not like they can go to school and infect someone else.
- Shannon Grove
Legislator
But this should really be a parent decision or an adult child, or an adult after the age of 18 to what, 26 or whatever the number is. So I do agree with the Chair's recommendation for the amendments. But you're not taking those amendments.
- Cecilia Aguiar-Curry
Legislator
I'll address it in my close.
- Shannon Grove
Legislator
Okay. Thank you.
- Cecilia Aguiar-Curry
Legislator
Welcome. Thank you. No, thank you for your comments.
- Susan Talamantes Eggman
Person
Okay. Any other Members wishing to speak at this time? 12. And just to say, this is one of the questions I had, because we were saying if a parent chooses not to for a child and that child is unprotected. But in California we have said that children at the age of 12 can voluntarily get themselves vaccinated.
- Susan Talamantes Eggman
Person
Yeah, okay. Just to clarify that.
- Shannon Grove
Legislator
Okay, I'm sorry, can you clarify that, Madam? Chair, can you clarify it one more time?
- Susan Talamantes Eggman
Person
12. Like is that in this Bill or in. Every vaccination we have system wide system.
- Scott Wiener
Legislator
Well, every sort of STI related vaccine is 12. That was 10 or 12 years ago. So for hepatitis B, for HPV, I imagine monkey pox will qualify at some point. And that is absolutely true. But of course, as we talked about a lot when we tried to lower last year all the vaccine age of consent for all vaccines, many, many, I think a large majority of kids are not going to get vaccinated on their own. They're going to do it via their parents.
- Susan Talamantes Eggman
Person
Thank you. Okay, so seeing we've exhausted the conversation up here, and you and I have had many talks and we are friends, we have a lot of respect for you. I have children. They have all the vaccinations they're supposed to have at the age appropriate. I was with you with the mandate. I believe expected is a confusing language and it should be recommend or mandate. We're at the point where we are saying recommend. Would you like to close?
- Cecilia Aguiar-Curry
Legislator
I sure would. First of all, I want to thank Senator Wiener for sharing your story. Takes a lot to do this. Thank you. AB 659 will result in an uptick in HPV vaccination at the ideal age range for the vaccine. The question is how much? This Bill does not mandate or enforce vaccination similar to the long standing hepatitis B vaccine required for 7th graders most of you likely don't even know about.
- Cecilia Aguiar-Curry
Legislator
Hep B requirement exists because it has caused none of the horrors claimed by the opponents of this Bill. This Bill ensures proper communication with students and parents in locally prevalent languages. This Bill also removes all cost barriers to getting HPV vaccine, regardless of health insurance status. I've been working on this proposal for five years. During that time, over 203,000 Americans have developed HPV related cancer and more than 35,000 people have died from as a result.
- Cecilia Aguiar-Curry
Legislator
Colleagues remember the loved ones who got the terrifying news that they had cancer. And I know for me, I would have done almost anything to prevent it. And that's why I'm here today fighting for the Bill as I brought it to the Committee, I want California to do its part in protecting our youth from cancer. Madam Chair, I understand that you insist on amending the Bill language from expected to recommended. And with tremendous regret I will accept and ask for your aye vote.
- Cecilia Aguiar-Curry
Legislator
We have got the request today and we would like to continue to work on it. Thank you.
- Susan Talamantes Eggman
Person
Okay, so my understanding then is you are willing to take recommend. Okay, thank you very much. Okay, so the we have a motion by Senator Wiener and the motion is do pass as amended and refer to the Committee on Education. Yes, we do not have a quorum yet. When we do, we will take the roll call.
- Cecilia Aguiar-Curry
Legislator
Great.
- Cecilia Aguiar-Curry
Legislator
Thank you very much appreciate all your comments.
- Susan Talamantes Eggman
Person
Okay.
- Susan Talamantes Eggman
Person
Thank you very much.
- Susan Talamantes Eggman
Person
Assembly Member Weber, you are recognized. And I think you've heard that bill before, if I'm not mistaken. Okay, and you are here today--let me get back to the right sheet--okay. AB 85.
- Akilah Weber
Legislator
Yes. Well, good afternoon, Madam Chair and Members of the Committee. Thank you to the Committee Chair and Staff for the thoughtful conversations leading up to this hearing and I accept the amendment. 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.
- Akilah Weber
Legislator
Social determinants of health are commonly defined as the conditions in which people are born, grow, work, live, and age, in which a wider set of forces and system shapes the conditions of daily life and affect health functions and quality of life outcomes and risk. The determinants are things like safe housing, education, food access, transportation, and economic stability. Social determinants of health screening tools and clinical practice help to identify the social and economic risk of patients that may be previously unknown to health providers.
- Akilah Weber
Legislator
Ideally, that information leads to health care teams linking patients to community resources or discussions about changing patient treatment plans to mitigate the social needs to improve the overall health outcomes. One survey conducted by the American Academy of Family Physicians indicated that family physicians want to help address their patients' need, but face many barriers in offering the support that they need. AB 85 helps address these gaps in the health care by requiring coverage and reimbursement of social determinants of health screening and access to community health workers.
- Akilah Weber
Legislator
It also makes screening a covered benefit for medical beneficiaries. This bill also requires the Department of Healthcare 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 to determine gaps in research to inform policy. Here with me to speak in support of AB 85 are Catrina Reyes, the Vice President of Advocacy and Policy, and Dr. Scrubb.
- Susan Talamantes Eggman
Person
Thank you. Ms. Reyes, please.
- Catrina Reyes
Person
Thank you, Chair and Committee Members. My name is Catrina Reyes, and I'm the Vice President of Advocacy and Policy for the California Academy of Family Physicians, the proud sponsors of AB 85. I would like to thank Assembly Member Weber for introducing this critical bill that will make a 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, promotores, community health representatives, or social workers. The impact of social need on health is well documented. Studies have found that food insecure individuals are 20 percent more likely to report that they have hypertension and 30 percent more likely to report that they have hyperlipidemia than their food secure counterparts.
- Catrina Reyes
Person
Substandard housing conditions such as poor ventilation, pest infestation, and water leaks are directly associated with respiratory diseases and asthma. In 2000, a study 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, two of the most commonly treated conditions among the top five percent of health spenders were hypertension and hyperlipidemia, and both were linked to unmet social needs.
- Catrina Reyes
Person
Other conditions for which at least 25 percent of persons in the top five percent of health spenders were treated include 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 health care spenders, particularly through community health worker intervention, we can improve chronic disease control, mental health, quality of care, and hospitalizations, and thus lower health care costs.
- Catrina Reyes
Person
A study on the expenditure reductions associated with the Social Service Referral Program found a ten percent reduction in health care 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 of Community Health Worker Interventions for the Medicaid Program, found that just one team of community health workers serving 330 patients would prevent 295 bed days, yielding a savings of over 700,000 dollars.
- Catrina Reyes
Person
AB 85 will improve health outcomes and health equity and reduce health care costs, and it is for these reasons that we urge an aye vote on AB 85. I'm happy to answer any questions the Committee may have. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Next person in support, please.
- Adia Scrubb
Person
Thank you to the Chair and Committee Members. My name is Adia Scrubb and I am a family medicine physician from Oakland, California, currently working in Fairfield. I learned early on from my mentors in medicine that a community physician must also reach beyond the clinic walls to make an impact. I ask you to vote yes on AB 85 because it will ensure that health care providers have the resources to better understand factors impacting our patients' health both inside and outside of the clinic.
- Adia Scrubb
Person
Screening for the social determinants of health is critical to developing a treatment plan that's best for my patients. 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.
- Adia Scrubb
Person
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. This bill will provide the linkage between the health care team and community resources 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 with extremely elevated blood pressure readings every time she came into the clinic.
- Adia Scrubb
Person
She later shared with me that she was living alone with no access to transportation. This left her with no other option than to eat high salt, frozen meals because it was easy for her to keep for extended periods of time. A community health worker would have been able to help her with transportation vouchers and resources to food banks that might deliver. 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.
- Adia Scrubb
Person
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 surgery. With that, I respectfully ask for you to vote yes on AB 85. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Others speaking in support, now is the time just to come forward with your name, position, and affiliation.
- Liberty Sanchez
Person
Libby Sanchez on behalf of AltaMed in support.
- Susan Talamantes Eggman
Person
Thank you.
- Marana Gonifer
Person
Marana Gonifer with CBCN; co-sponsor in strong support.
- Susan Talamantes Eggman
Person
Thank you.
- Taylor Jackson
Person
Taylor Jackson with California-Health Plus Advocates representing 1,300 community health centers, here as a proud co-sponsor.
- Susan Talamantes Eggman
Person
Thank you.
- Jennifer Robles
Person
Jennifer Robles with Health Access California in support.
- Susan Talamantes Eggman
Person
Thank you.
- Megan Chung
Person
Megan Chung with the Steinberg Institute in support.
- Susan Talamantes Eggman
Person
Thank you.
- Bryce Docherty
Person
Madam Chair and Members, Bryce Docherty on behalf of the American Academy of Pediatrics California, and OCHIN, and their subsidiary, the California Telehealth Network, in support.
- Susan Talamantes Eggman
Person
Thank you.
- Chris Zgraggen
Person
Chair and Members, Chris Zgraggen with Aprea & Micheli on behalf of Children's Choice Dental Care in support. Thank you.
- Brandon Marchy
Person
Brandon Marchy with the California Medical Association in support.
- Ryan Spencer
Person
Ryan Spencer on behalf of the American College of OB-GYNs, District Nine, and the Crohn's & Colitis Foundation in support.
- Susan Talamantes Eggman
Person
Thank you.
- Stephen Cutie
Person
Stephen Cutie with California Life Sciences in support.
- Susan Talamantes Eggman
Person
Thank you.
- Yarelie Magallon
Person
Yareli Magallon on behalf of Children's Specialty Care Coalition in support.
- Susan Talamantes Eggman
Person
Thank you.
- Molly Robson
Person
Molly Robson with Planned Parenthood Affiliates of California in support.
- Susan Talamantes Eggman
Person
Thank you.
- Isabella Argueta
Person
Isabella Argueta with the Health Officers Association of California in support.
- Susan Talamantes Eggman
Person
Thank you.
- Karen Stout
Person
Karen Stout on behalf of the Black Leadership Council. We are co-sponsors in strong support.
- Susan Talamantes Eggman
Person
Thank you.
- Corrin Whitlow
Person
Corrin Whitlow. I'm a licensed registered nurse in support.
- Susan Talamantes Eggman
Person
Thank you.
- Stephanie Daigre
Person
Stephanie Daigre, also a licensed registered pediatric nurse in support. Thank you.
- Taneicia Herring
Person
Taneicia Herring on behalf of the California Hawaii NAACP in strong support.
- Susan Talamantes Eggman
Person
Thank you very much. Okay, now's the time for folks speaking in opposition to this bill to come forward.
- Jedd Hampton
Person
Good afternoon, Madam Chair and Members of the Committee. Jedd Hampton with the California Association of Health Plans, regrettably here in opposition to AB 85. First of all, we want to thank the author and her staff. We've been talking with them and working them very closely, and we just really appreciate that they're working with us on this bill. We're certainly appreciative and supportive of the intent of this bill, and wholeheartedly--excuse me--agree that social determinants of health are significant drivers of health disparities and a critical component of determining health outcomes.
- Jedd Hampton
Person
In fact, commercial health plans are already in the process of building out their networks to ensure that we can capture and reimburse for the required social determinants of health screenings that are part of the NCQA Health Equity Accreditation which is set to go live January 1, 2026. So we're certainly appreciative and supportive of the intent of this bill.
- Jedd Hampton
Person
However, some of our remaining concerns are addressed somewhat in the Committee Analysis around the evaluations and what tools are acceptable and how this requirement will interface with the Medi-Cal version of the screening program under Population Health Management, so we believe that those requirements should align as closely as possible, so we're avoiding any sort of duplication or additional work. So, again, supportive of the intent of this bill. We have just some of those remaining concerns, and again, we'd like to thank the author and her staff for working with us on this bill.
- Susan Talamantes Eggman
Person
Thank you very much. Next person, please.
- Steffanie Watkins
Person
Steffanie Watkins on behalf of the Association of California Life & Health Insurance Companies. We too are opposed for the same reasons. We look forward to continuing those conversations. I think the overall goal is making sure that this is done in the most effective and thoughtful process so that we get the services to the right people. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much.
- John Wenger
Person
John Wenger on behalf of America's Health Insurance Plans. Just echo the comments of CAHP and ACLHIC.
- Susan Talamantes Eggman
Person
Thank you very much. Anybody else just want to speak in general? Opposition? Come forward at this point. Name and affiliation? Seeing none, we'll go to the phone lines. Moderator, do we have any lines on, phones on the line? People on the line?
- Committee Moderator
Person
Yes. For support or opposition of AB 85, please press one then zero at this time. And we will go to line 295. 295, you're open. No response. Line 364. I'm sorry, 374.
- Unidentified Speaker
Person
Hi. My name is Linda, I'm in Lincoln, California, and I oppose this bill.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Moderator
Person
Line 206.
- Nicole Wordelman
Person
Nicole Wordelman on behalf of the Children's Partnership in support.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Moderator
Person
Line 233.
- Sandra Poole
Person
Sandra Poole on behalf of Western Center On Law & Poverty in support.
- Susan Talamantes Eggman
Person
Thank you.
- Committee Moderator
Person
Line 384.
- Alexander Khan
Person
Good afternoon, Madam Chair and Members. Alex Khan on behalf of the California Chronic Care Coalition in strong support.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Moderator
Person
Line 363. Line 363, you're open. No response. Line 387.
- Kelly Hitt
Person
Good afternoon. Kelly Hitt on behalf of Sutter Health in support. Thank you.
- Susan Talamantes Eggman
Person
Thank you.
- Committee Moderator
Person
Line 266.
- Raquel Ibarra
Person
Hi. Raquel with the National Association of Social Workers, California Chapter, in support of this bill. Thank you.
- Susan Talamantes Eggman
Person
Thank you.
- Committee Moderator
Person
Line 378.
- Unidentified Speaker
Person
Keller, Sacramento County, and I oppose this bill.
- Susan Talamantes Eggman
Person
Thank you.
- Committee Moderator
Person
And Madam Chair, no further comments in queue.
- Susan Talamantes Eggman
Person
Thank you very much. Now would be the time we'd bring it back to Committee, and just to say something--the amendments, and I fully supportive of this concept. We've moved to this with the CalAIM and really acknowledge this. As a professor of social works, one of the things I taught all the time is we need to have the social and physical environment in order for anybody to reach their full potential. This makes total sense, but those tools are still being processed, so we've asked HCAI to put together a working group to be able to standardize some of this as we continue to customize it so we can really get the care to the right people at the right time. And you are accepting those amendments?
- Akilah Weber
Legislator
I am accepting them.
- Susan Talamantes Eggman
Person
Okay. Any other questions, comments from the Committee Members? Okay, would you like to close Assembly Member?
- Akilah Weber
Legislator
I just thank the Committee and respectfully ask for your aye vote.
- Susan Talamantes Eggman
Person
Okay, thank you very much. Important bill, and we'll do that when we get a quorum. Thank you very much. And you have another one before us today?
- Akilah Weber
Legislator
I do.
- Susan Talamantes Eggman
Person
Dealing with Medi-Cal reimbursements for abortion services.
- Akilah Weber
Legislator
Yes. So I'm here to present AB 576, which updates the medical guidelines for abortion medication. Medication abortion is safe and effective method of terminating a pregnancy and is preferred by many people who obtain abortions. Since the US Food and Drug Administration first approved the drug for medication abortion in 2000, its use has grown substantially, and in 2021, half of abortions in the United States were medication abortion. Currently, Medi-Cal only covers medication abortion for up to 70 days gestation.
- Akilah Weber
Legislator
Yet a 2019 study demonstrated that medication abortion for pregnancies between 71 and 77 days was safe and effective as a regimen is for 64 to 70 days. There are over 8 million women eligible for medical in this state who have more limitations on their access to the abortion pill than those in the private insurance market.
- Akilah Weber
Legislator
For those reasons, AB 576 would require the Department of Healthcare Services by March 1, 2024, to review and update Medi-Cal coverage policies for medication abortion to align with current evidence-based clinical guidelines. After initial view, the Bill would require the Department to update its Medi-Cal coverage policies for medication abortion as needed to align with clinical guidelines. This Bill would also require the Department to allow for flexibility of providers to exercise their clinical judgment when services are performed.
- Akilah Weber
Legislator
By extending the time that a pregnant individual can receive abortion medication under Medi-Cal, we are allowing families to make the family decision planning that is most appropriate for their life. This Bill is sponsored by Essential Access Health, the National Health Law Program, NARAL Pro Choice, California and Planned Parenthood Affiliates of California. Here to testify with me today is Molly Robson with Planned Parenthood Affiliates of California and Dr. Upadhyay. Hopefully I said that right. Professor of Obstetrics and Gynecology and Reproductive Sciences at UC San Francisco.
- Susan Talamantes Eggman
Person
Thank you very much. Could say your own name there? Go ahead.
- Ushma Upadhyay
Person
Yes, thank you. Good afternoon, Chair Eggman and Members. I am Dr. Ushma Upadhyay, Professor and Public Health Scientist at University of California, San Francisco. I'm here today in support of Assembly Bill 576, which requires DHCS to update their billing policy for medication abortion to reflect evidence-based research, clinical guidelines, and the discretion of the clinical provider. Medication abortion has taken on a pivotal role in abortion care in the wake of the Dobbs Supreme Court decision.
- Ushma Upadhyay
Person
It now makes up well over half of all abortions nationally. For a long time, medical policy required two ultrasounds for reimbursement. I analyzed Medi-Cal data on over 11,000 medication abortion patients, and found that they were routinely required to make return visits for post-abortion ultrasound when most providers across the rest of the country had long stopped requiring this unnecessary, in-person follow up visit.
- Ushma Upadhyay
Person
Patients too often receive the care that will be reimbursed rather than the care that they actually need, based on the best medical evidence. Additionally, studies show that medication abortion is extremely safe and effective through the first trimester up to 12 weeks of pregnancy, and this is endorsed by the World Health Organization guidelines. Yet Medi-Cal reimburses only up to 10 weeks of pregnancy. A new UCSF study found that over one third of abortion providers across the country currently offer medication abortion care beyond 10 weeks.
- Ushma Upadhyay
Person
With an additional dose of misoprostol, a medication abortion between 9 and 12 weeks is just as effective as earlier in pregnancy. Science is continually evolving, and I want Medi-Cal Members to avail of the latest evidence-based care. I am proud to be here in support of AB 576 and respectfully urge your support on this Bill today. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much, Doctor. Next person, Ms. Robson.
- Molly Robson
Person
Good afternoon. Molly Robson with Planned Parenthood Affiliates of California. We represent the seven affiliates in the state who offer sexual and reproductive health care through over 110 health centers in California. Medication abortion is a preferred method for ending a pregnancy. It has been for the last two decades. And at Planned Parenthood health centers, more than 70% of patients seeking an abortion end up receiving a medication abortion.
- Molly Robson
Person
By extending the window in which medication abortion would be available just to be in line with clinical guidelines, an additional 10% of Planned Parenthood patients would be able to choose medication versus being kind of forced into an in-clinic procedural abortion. So this Bill really will address unnecessary barriers to care and address kind of equity gaps in coverage between Medi-Cal and private insurance. So as such, would respectfully request your support on this Bill today. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Okay, now's the time just for people speaking in general support to come forward. Name and affiliation, and we assume you're speaking in support.
- Taylor Jackson
Person
Taylor Jackson, with California Health Plus Advocates, here in strong support.
- Tiffany Mathews
Person
Tiffany Matthews, on behalf of Attorney General Rob Bonta, in support.
- Tiyesha Watts
Person
Taisha Watts, with the California Academy of Family Physicians, in support.
- Brandon Marchy
Person
Brandon Marchi, with the California Medical Association, in support.
- Genesis Gonzalez
Person
Hello, Genesis Gonzalez, on behalf of Lieutenant Governor Eleni Kounalakis, in support. Thank you.
- Ryan Spencer
Person
Brian Spencer, American College of OBGYNs, District Nine, in support.
- Kathleen Mossburg
Person
Kathy Mossberg, proud co-sponsor, Essential Access Health, in support.
- Karen Lange
Person
Karen Lang, on behalf of the City and County of San Francisco, in support.
- Karen Stout
Person
Karen Stout, on behalf of NARAL Pro Choice California, proud sponsor of the Bill, as well as the California Nurse Midwife's Association, in strong support.
- Susan Talamantes Eggman
Person
Thank you.
- Diaz Grubb
Person
Diaz Grubb, family medicine physician, representing myself, in support.
- Susan Talamantes Eggman
Person
Thank you.
- Mari Lopez
Person
Mari Lopez, California Nurses Association, in support.
- Susan Talamantes Eggman
Person
Thank you very much. Okay, now those speaking in opposition to the Bill may come forward at this point.
- Sophia Lorey
Person
Committee Members. I'm Sophia Lorey and I'm with California Family Council. AB 576 would require taxpayers Medi-Cal funding to fully reimburse providers for medication abortions up to 77 days gestation, whereas it currently covers 70 days. The FDA has granted approval for the use of abortion medication up to 70 days of gestation. It is important to note, regarding AB 576, that the FDA does not approve the Administration or consumption of abortion medication after 70 days of gestation. Let's walk through what abortion medication does.
- Sophia Lorey
Person
A medical abortion is done by taking two pills, mifepristone and misoprostol. Mifepristone chemically starves a pre-born child of progesterone, which causes the placenta to degenerate so that it can no longer provide oxygen and nutrients to the child. The woman then takes misoprostol within 24 to 48 hours, causing severe cramping, contractions and often heavy bleeding to expel the dead baby out of a woman's uterus, usually on her own, sitting over a toilet.
- Sophia Lorey
Person
Through this Bill, Medi-Cal will be forced to pay for abortion medication up to 11 weeks of a pregnancy. So let's walk through what the first 11 weeks of a pregnancy looks like. By three weeks and one day, a baby's heartbeat can be detected. Between five to six weeks, the baby's lung and digestive system start forming and brain activity can be recorded. At nine weeks, the baby can suck their thumb, sigh, and stretch. At 10 weeks, a baby is about an inch and a quarter long.
- Sophia Lorey
Person
All vital organs are in place, and their teeth are starting to harden and connect to their jawbone. Every successful medication abortion ends in at least one person dead. Since 2000, 5.6 million unborn children have died from abortion medication. Since 2000, 28 women have died from abortion medication. This is not misinformation. This comes directly from the US. Food and Drug Administration. The FDA has also reported that since 2000, 1048 women have been hospitalized, 604 women have experienced blood loss requiring transfusions, and 414 women have experienced infections, all due to abortion medication.
- Sophia Lorey
Person
And while I do not have time to dive into this, I do want to note that currently there is a case before federal court which could lead to the court ordering the FDA to withdraw these dangerous chemical abortion drugs from the market.
- Sophia Lorey
Person
Due to the current case and the physical harm that abortion medication causes to women, taxpayers' Medi-Cal funding to fully reimburse providers for medication abortions should not exist at all, let alone be increased to 77 days gestation. I urge a no vote on AP 576. Thank you.
- Susan Talamantes Eggman
Person
Thank you. Anybody else speaking in opposition to this Bill today? Anybody just want to say no to this Bill today? Okay, seeing none, bring it back to the Committee. I think we have no comments. Dr. Weber, would you--oh, telephone, telephone. Thank you. Let's go to the telephone lines. Do we have any callers?
- Unidentified Speaker
Person
Thank you. Yes. For support or opposition of AB 576, please press one then zero at this time. Go to line 363.
- Susan Talamantes Eggman
Person
Go ahead, please.
- Unidentified Speaker
Person
363, you're open. No response.
- Susan Talamantes Eggman
Person
Okay.
- Unidentified Speaker
Person
Line 392.
- Wendy Palacici
Person
Yes. My name is Wendy Palacici. I'm a mother and an aunt to be, and I strongly oppose this Bill.
- Susan Talamantes Eggman
Person
Thank you.
- Unidentified Speaker
Person
Line 398.
- Raquel Ibarra
Person
Hi. My name is Raquel. I'm with the National Association of Social Workers California Chapter, and I strongly support this Bill.
- Susan Talamantes Eggman
Person
Thank you. Next caller.
- Unidentified Speaker
Person
Line 285.
- Gabrielle Ingram
Person
Gabrielle Ingram, founder of Stand Up Sacramento County, strongly oppose this Bill.
- Susan Talamantes Eggman
Person
Thank you.
- Unidentified Speaker
Person
Line 303.
- Linda Rich
Person
Linda Rich, Placer County. I strongly oppose AB 659.
- Susan Talamantes Eggman
Person
Okay, we're not there anymore. Thank you. Next caller, please.
- Unidentified Speaker
Person
Line 378.
- Heather Keller
Person
Heather Keller from Sacramento County, oppose this Bill.
- Unidentified Speaker
Person
Thank you, next caller, line 396.
- Angel Shannon
Person
Angel Shannon, representing LA County, and I oppose this Bill.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Unidentified Speaker
Person
Line 203.
- Unidentified Speaker
Person
San Bernardino County, and I oppose the Bill.
- Susan Talamantes Eggman
Person
Excuse me, sir, which Bill are you opposing?
- Unidentified Speaker
Person
576.
- Susan Talamantes Eggman
Person
Okay, thank you. Next caller, please.
- Unidentified Speaker
Person
Okay, one moment, please. We go to line 363.
- Andrea Hedstrom
Person
My name is Andrea Hedstrom, and my affiliation is a mother of four who has had two mifepristone, misoprostol abortions, and I am pro choice and I oppose this Bill.
- Susan Talamantes Eggman
Person
Thank you very much. Next caller, please.
- Unidentified Speaker
Person
Line 303.
- Committee Moderator
Person
One moment, please. Line 400.
- Margaret Boyles
Person
Yes, hi. My name is Margaret Boyles, and I am from Los Angeles County, and I oppose this bill as the abortion is life threatening--
- Susan Talamantes Eggman
Person
Thank you very much. Next caller, please.
- Committee Moderator
Person
Okay, line 303.
- Linda Rich
Person
Hi. Linda Rich, Placer County. I'm sorry, I had the wrong number. I oppose AB 576. Thank you.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Moderator
Person
Madam Chair, no further comments in queue at this time.
- Susan Talamantes Eggman
Person
Thank you very much. Now would be the time to bring it back to the Committee. Seeing nobody wishing to comment, Dr. Weber, would you like to close?
- Akilah Weber
Legislator
Every single day matters when making such a major decision, and the decision should not be dependent on whether an individual has the funds to cover this medication. I respectfully ask for your aye vote. Thank you.
- Susan Talamantes Eggman
Person
Okay, thank you very much. This does enjoy a do pass recommendation and we'll--when we get a quorum. Thank you.
- Akilah Weber
Legislator
Thank you.
- Susan Talamantes Eggman
Person
Thank you. All right, Dr. Wood, you are up next. AB 242, which enjoys a do pass and re-refer to the Committee on Appropriations. Welcome. Getting rid of some sunsets, although I love sunsets. They're so pretty.
- Jim Wood
Person
Like sunrises, too.
- Susan Talamantes Eggman
Person
Yeah.
- Jim Wood
Person
So, thank you, Madam Chair and Members. AB 242 eliminates the five-year sunset on a prior bill of mine, AB 2024, which allows federally certified critical access hospitals to employ physicians and be able to bill for their professional services. Critical access hospitals are often referred to as frontier hospitals because most of them are located in remote, rural areas. There are 34 such hospitals in the state, and they all have 25 or fewer beds. While these hospitals are small, they provide critical services and value to their communities.
- Jim Wood
Person
Without these hospitals, people would have to drive many miles before reaching another hospital. One of the issues I continue to hear throughout my district is how difficult it is to recruit physicians. Six of these hospitals are in my district. It's important to point out that a continued sunset creates uncertainty to physicians who may be seeking employment and whether the length of employment could end abruptly by a sunset.
- Jim Wood
Person
Having been a health care provider myself, I understand the concerns of the medical community about whether allowing hospitals to employ physicians will change the nature of the physician's clinical decision. However, the opportunity for these hospitals to hire physicians has now been piloted two times with no negative feedback, and the medical board is neutral on the bill.
- Jim Wood
Person
AB 242 is a modest bill; provides a limited exemption for those hospitals most at risk of closing their doors if they can't figure out a way to address their physician staffing needs. In support of the measure today is Sarah Bridges with the California Association of Healthcare Districts. I respectfully ask for an aye vote.
- Susan Talamantes Eggman
Person
Thank you very much. Ms. Bridges.
- Sarah Bridge
Person
Thank you. Thank you, Madam Chair and Members. Sarah Bridge on behalf of the Association of California Healthcare Districts, here in proud support of Assembly Bill 242. District hospitals make up over half of the critical access hospitals in the State of California. As the Assembly Member mentioned, these hospitals with the critical access designation are some of the most rural and remote in this state, with 25 or fewer beds making them the sum of the smallest.
- Sarah Bridge
Person
Specifically, AB 242 makes the pilot program established in 2016, allowing these critical access hospitals to directly employ physicians permanent. Without this bill, come January 1, 2024, hospitals that have utilized this program will have to transition their employed physicians to the contracted model, which most certainly will result in the loss of those physicians. Rural, critical access hospitals have an incredibly difficult time recruiting and retaining physicians to their areas. This is for a number of reasons, including location, lack of other facilities, and high Medi-Cal and Medicare numbers.
- Sarah Bridge
Person
This pilot program has produced exceptionally strong retention, allowed facilities to recruit young physicians coming out of residency and fellowship, and has shown no signs of impacting a physician's ability to make clinically appropriate decisions for their patients. Notably, the Tahoe Forest Healthcare System, a district hospital located in Truckee, has successfully recruited 54 physicians under this pilot programs to their region of the state, something that would not have been possible without the employment model.
- Sarah Bridge
Person
Those hospitals that have not yet used this tool cite their number one concern is the pilot program and the unwillingness of doctors to enjoy an employment model under the threat of the looming sunset. I want to thank Dr. Wood for his leadership in this area and it is without a doubt that AB 242 will preserve access to care in rural California. It is for those reasons we respectfully ask for your aye vote. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Others speaking in support, come forward at this time.
- Connie Delgado
Person
Good afternoon, Madam Chair and Members. Connie Delgado on behalf of the District Hospital Leadership Forum in support.
- Susan Talamantes Eggman
Person
Thank you.
- Heidi Hannaman
Person
Heidi Hannaman on behalf of the California Special Districts Association in support. Thank you.
- Susan Talamantes Eggman
Person
Thank you.
- Vanessa Gonzalez
Person
Good afternoon, Chair and Committee Members. Vanessa Gonzalez with the California Hospital Association in support. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Those speaking in opposition, now would be the time to come forward.
- Brandon Marchy
Person
Madam Chair, Members of the Committee, Brandon Marchy with the California Medical Association. Very happy to be changing up my spiel for this bill, and on this subject, we greatly appreciate the conversations that we have had, the very productive conversations we have had with the author on this topic.
- Brandon Marchy
Person
We are still in an oppose unless amended position, but having those conversations, and hopefully, as the report comes out in July, the next couple of days, we look forward to removing our opposition soon.
- Susan Talamantes Eggman
Person
Thank you very much, Mr. Marchy. Any others speaking in opposition today, come forward. If not, let us pause for a moment while we call the roll.
- Committee Secretary
Person
Senators Eggman? Here. Eggman, here. Nguyen? Here. Nguyen, here. Glazer? Gonzalez? Grove? Here. Grove, here. Hurtado? Limon? Here. Limon, here. Menjivar? Here. Menjivar, here. Roth? Here. Roth, here. Rubio? Wahab? Wiener? Present. Wiener, present.
- Susan Talamantes Eggman
Person
That's seven; we have a quorum. Thank you. All right. Now we're bringing it back to the Members. Questions, comments for Dr. Wood? Oh, phone calls. You forget about the phone calls. They don't do them in the Assembly anymore.
- Jim Wood
Person
No, we don't.
- Susan Talamantes Eggman
Person
Okay, let's go to the phone lines. Do we have any callers on the line?
- Committee Moderator
Person
Yes. Support or opposition of AB 242, please press one and zero. We'll go to line 387. Your line is open. No response from that line. Line 405, please go ahead.
- Unidentified Speaker
Person
Yes, my name is Linda in Lincoln and I oppose this bill.
- Susan Talamantes Eggman
Person
Okay, thank you. Next caller, please.
- Committee Moderator
Person
Go to line 363.
- Andrea Hedstrom
Person
Hi. My name is Andrea Hedstrom and I oppose this Wood bill, abort the government-
- Susan Talamantes Eggman
Person
Thank you very much. Next caller, please.
- Committee Moderator
Person
Madam Chair, no further comments in queue at this time.
- Susan Talamantes Eggman
Person
Thank you very much. Now would be the time we would bring it back to the Committee. Senator Grove.
- Shannon Grove
Legislator
Thank you, Madam Chair. I just want to thank the author for bringing this bill forward as somebody who represents rural communities, and having a model where medical providers, doctors don't have to put up a shingle in a small community, but can have a place in the hospital to operate, to provide services, especially to--I represent 70 percent of the Medi-Cal population.
- Shannon Grove
Legislator
Takes a special doctor to get paid less than what they're putting out and I appreciate the bill, and I look forward to moving it at the appropriate time.
- Susan Talamantes Eggman
Person
Thank you. Others? Okay. Would you like to close, sir?
- Jim Wood
Person
I just respectfully ask for an aye vote. Thank you.
- Susan Talamantes Eggman
Person
Okay. I think it's a good bill. Important issue. How many critical access hospitals do you have in your district?
- Jim Wood
Person
Six of the 34 are in my district.
- Susan Talamantes Eggman
Person
Okay. All right. Okay, we have a motion by Senator Grove. Secretary, if you could please call the roll. The motion is 'do pass and re-refer to the Committee on Appropriations.'
- Committee Secretary
Person
Senators Eggman? Aye. Eggman, aye. Nguyen? Aye. Nguyen, aye. Glazer? Gonzalez? Grove? Aye. Grove, aye. Hurtado? Limon? Aye. Limon, aye. Menjivar? Aye. Menjivar, aye. Roth? Aye. Roth, aye. Rubio? Wahab? Wiener? Aye. Wiener, aye. That's seven.
- Susan Talamantes Eggman
Person
That's seven; we'll hold the roll open for absent Members. Thank you very much.
- Jim Wood
Person
Madam Chair, I do have a bill I was asked to present for Assembly Member Wicks. Do you want me to come back?
- Susan Talamantes Eggman
Person
No, go ahead, sir.
- Susan Talamantes Eggman
Person
Go ahead, sir.
- Jim Wood
Person
Okay. Thank you. Thank you very much. Madam Chair, I'm here to present AB 1048 for Assembly Member Wicks.
- Susan Talamantes Eggman
Person
Okay.
- Jim Wood
Person
First, I want to accept the Committee's amendments. This is not my statement, so it doesn't sound like me at all, but it's really good.
- Susan Talamantes Eggman
Person
Okay. Alright. You like it. Alright.
- Jim Wood
Person
Alright. Thank you.
- Susan Talamantes Eggman
Person
And it does enjoy a do pass.
- Jim Wood
Person
Oh, good. Okay, let me see if I can shorten it then. 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. 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.
- Jim Wood
Person
These exemptions critically hurt patients denied coverage due to or prevented from receiving meaningful value for their dental premiums. Especially important as out of pocket expenses for dental services are continually rising, 16% alone in 2021. And a new California Healthcare Foundation survey found 38% Californians have a family member who skipped dental care last year due to high cost. Actually, 50%, almost 40... 50% of medical patients skipped for the same, very same reason.
- Jim Wood
Person
So, 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 pre-existing conditions, and requiring an annual review of dental plan premium rates. I think at this point I will ask we have a couple of witnesses in support here today. Dr. Stephanie Sandretti, the former Chair of the Government Affairs Council for the California Dental Association, and Jessica Moran, Legislative Advocate for the California Dental Association.
- Stephanie Sandretti
Person
Thank you. Thank you, Dr. Wood. Good afternoon, Chair and Members. My name is Dr. Stephanie Sandretti. I'm here today speaking on behalf of the California Dental Association and our 27,000 members throughout the state in support of AB 1048. As the owner of two dental practices here in the Sacramento area, I regularly have come across countless patient stories of those who choose to forego dental care.
- Susan Talamantes Eggman
Person
Welcome.
- Stephanie Sandretti
Person
Even when they have dental insurance, patients often find themselves in situations where they're unable to cover the out of pocket cost of care or have claims denied by their dental insurance. For example, dental insurance plans can impose waiting periods on patients in which they will not cover services such as fillings, root canals, deep cleanings, or crowns for 6 to 12 months upon gaining coverage, despite the patients paying for their monthly premiums. When I see a patient for a comprehensive exam and diagnosed gum disease, it is incredibly disheartening.
- Stephanie Sandretti
Person
When we find out that the patient will not have coverage for up to a year for that treatment. This will lead to permanent damage to their gum and bone. AB 1048 would prohibit dental insurance plans from imposing waiting periods on enrollees in the large group market. Dental insurance plans can also deny claims for enrollees with preexisting conditions. This is when a dental plan will not cover bridges, partial dentures, or implants for a tooth that was lost before an enrollee started coverage with that specific plan.
- Stephanie Sandretti
Person
For example, I had a patient who had an existing bridge. She developed decay underneath it. We replaced the bridge with a new one, and the insurance denied that replacement because she had a missing tooth clause under her plan. It was difficult for us to collect money from that because we had estimated that the insurance would cover. But despite that missing tooth clause, it was denied. AB 1048 would prohibit dental insurance plans from denying claims due to preexisting conditions.
- Stephanie Sandretti
Person
These prohibitions in coverage beg the question as to what value dental insurance actually provides to enrollees if they will not cover dental procedures when they are most needed. AB 1048 would also require dental insurance plans to go through a premium rate review process, just like any other types of insurances, including medical, homeowners, and pet insurance. It's long overdue for dental plans to be held accountable and to ensure consumers are receiving value for the premium dollars they pay.
- Stephanie Sandretti
Person
As healthcare providers, our ultimate goal is to provide quality care to all of our patients. If dental plans can deny coverage for arbitrary reasons, how can we possibly provide this necessary care? We know how integral oral health is to overall physical health, and AB 1048 is an important step in ensuring dental insurance provides real value to our Californians. I respectfully ask for your aye vote today. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Next person and support, please.
- Jessica Moran
Person
Good afternoon, Chair and Members. Jessica Moran with the California Dental Association, here today as the sponsors of AB 1048. This is an important bill that aims to make dental insurance more real for consumers that are already paying their monthly premiums. We understand that those who are in the small individual group market are more sensitive to premium increases, which is why we took the amendment in Assembly Health to narrow the waiting period provision to only apply to large group plans.
- Jessica Moran
Person
Contrary to what the opposition claims, the large group market does not operate the same way the individual and small group market does. You cannot enter the large group market, gain dental coverages, and then drop coverage because your coverage is tied to your employer, and your employer has to have over 100 employees to provide large group products. So the widespread bipartisan support that AB 1048 received in the Assembly is proof that dental insurance reform is needed. We shouldn't continue to allow dental insurance plans to operate with minimum patient protections and oversight. I urge your aye vote today. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Next person, please, in support. Now just name an affiliation.
- Frederick Noteware
Person
Thank you, Madam Chair and Members. My name is Fred Noteware, representing the Association of Dental Support Organizations in support. Thank you.
- Susan Talamantes Eggman
Person
Thank you, Fred.
- Janice O'Malley
Person
Good afternoon, Chair and Members, Janice O'Malley with AFSCME California in support.
- Susan Talamantes Eggman
Person
Thank you.
- Jessica Hay
Person
Good afternoon, Chair and Members. Jessica Hay with the California School Employees Association in support.
- Susan Talamantes Eggman
Person
Thank you.
- Taylor Jackson
Person
Taylor Jackson with California Health Plus Advocates, representing California's Community Health Centers, here in support.
- Susan Talamantes Eggman
Person
Thank you.
- Chris Zgraggen
Person
Thank you, Chair and Members, Chris Zgraggen with Aprea and Micheli on behalf of Children's Choice Dental Care in support.
- Susan Talamantes Eggman
Person
Thank you.
- Jose Torres Casillas
Person
Good afternoon, Chair and Members. Jose Torres with Health Access California in support.
- Susan Talamantes Eggman
Person
Thank you, Jose.
- Jennifer Tannehill
Person
Good afternoon, Chair and Members. Jennifer Tannehill on behalf of the California Dental Hygienist Association in support.
- Susan Talamantes Eggman
Person
Thank you.
- Mari Lopez
Person
Mari Lopez, California Nurses Association, in support.
- Susan Talamantes Eggman
Person
Thank you very much. Okay, now we'll go to anybody speaking in opposition to this bill today.
- Dean Grafilo
Person
Madam Chair, Senators. Dean Grafilo with Capital Advocacy on behalf of the California Association of Dental Plans in opposition to the bill. We object to the supporters' description of the dental coverage market as the Wild West. As the Committee analysis says, all these products are regulated by DMHC and CDI. The fact is that dental coverage is a very different product from medical coverage. It is not mandatory coverage, and so when employers offer it, it is a voluntary benefit that they seek to provide.
- Dean Grafilo
Person
And as a result, they are very cost sensitive. Our position is based on the fact that SB 1048 limits the ability of plans to control costs and prevent adverse selection. This will increase the cost of coverage to employers. We do not believe the rate review provisions are necessary, given the existing role of CDI and DMHC. We respectfully request your no vote. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Dr. Wood, is Ms. Wicks accepting the amendments?
- Jim Wood
Person
Yes, absolutely.
- Kathleen Mossburg
Person
Chair and Members. Kathy Mossburg, representing Delta Dental. Just want to associate myself with the comments made by the representative CADP. We do remain opposed. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Anybody else?
- John Wenger
Person
John Wenger on behalf of America's Health Insurance Plans. We do still have an opposed position.
- Susan Talamantes Eggman
Person
Thank you very much. Okay, let's go to the phone lines now.
- Committee Secretary
Person
Thank you. For support or opposition of AB 1048, please press one, then zero. Go to line 235. 235.
- Faith Borges
Person
Good afternoon, Chair and Members. Faith Borges on behalf of the California Associate... Excuse me. California Agents and Health Insurance Professionals, respectfully opposed.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Secretary
Person
Line 233.
- Sandra Poole
Person
Sandra Poole, Western Center on Law and Poverty in support.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Secretary
Person
Line 203.
- Unidentified Speaker
Person
In San Bernardino County. I support.
- Susan Talamantes Eggman
Person
Thank you. Next caller.
- Committee Secretary
Person
One moment, please, for the next line. Line 409. One moment, please. 409, you're open now.
- Nora Lynn
Person
Nora Lynn on behalf of Children Now in support.
- Susan Talamantes Eggman
Person
Thank you.
- Committee Secretary
Person
Okay. And Madam Chair, no further comments in queue.
- Susan Talamantes Eggman
Person
Okay, bringing it back to the Committee. Senator Wiener.
- Scott Wiener
Legislator
I know this isn't your bill, but it's in spirit your bill, Doctor. I was actually really excited when I saw this bill because, with all respect to the opposition, dental insurance is absolutely the Wild West. And I think which stems from the fact that as a society, we've always treated oral health as somehow optional or a luxury, as opposed to what we know, which is that oral health is absolutely central to overall health.
- Scott Wiener
Legislator
You know this better than most, that if you have poor oral health, that impacts so many other aspects of your health, in addition to being potentially very painful, making it harder to eat, and creating social challenges for people, and yet we really treat it like a luxury. And a big swath of society doesn't even have dental insurance at all. And even if you have good dental insurance, it's always bad. It doesn't cover nearly as much as it should. There's huge potential out of pockets.
- Scott Wiener
Legislator
It hits a limit very very quickly. People have to pay out of pocket or just not get medically necessary dental care. In addition, I want to say I have Delta Dental CalPERS through the state. I'm guessing that that is probably among the best dental plans. I mean, compared to other dental plans, it's CalPERS, et cetera.
- Scott Wiener
Legislator
And in addition to always having a lot of out of pockets, my dentist recently told me that he and many, many other dentists he knows are all going out of network for Delta Dental because Delta Dental is slashing its reimbursement. So all these dentists are going out of network, and that means that, as someone who has Delta Dental, I and many other people are going to have to pay in advance and then go and do the paperwork to get reimbursed.
- Scott Wiener
Legislator
And one of the reasons they're going out of network is Delta Dental won't even tell the dentist how much they're going to reimburse in advance. So they're stuck basically trying to collect from the patient after the fact. So it's a really bad situation, and it is the Wild West, and it's long past due that we start putting some of these regulations in place, because dental insurance should not be treated differently than other forms of health insurance. And so I'm happy to move this bill.
- Susan Talamantes Eggman
Person
Thank you. Senator Grove, followed by Senator Limon.
- Shannon Grove
Legislator
Thank you. Thank you, Madam Chair. Surprise. I disagree with my colleague from San Francisco. Just saying.
- Jim Wood
Person
That's okay.
- Shannon Grove
Legislator
I know it's not your bill, but I do have a couple of questions. So it's just top five major plans. It doesn't cover, like, poor Medi-Cal recipients that don't have dental coverage, so Medi-Cal wouldn't be mandated to provide this service.
- Jim Wood
Person
Actually, the Medi-Cal program is completely independent, so it's administered by Delta Dental, but it is completely independent, so the benefits have been established by the state.
- Shannon Grove
Legislator
I understand that, but your bill wouldn't require or, your bill... The bill you're presenting here today wouldn't require that service to be provided to Medi-Cal patients?
- Jim Wood
Person
No.
- Shannon Grove
Legislator
Thank you. Through the chair. Do you have a comment on my question?
- Jim Wood
Person
Did I mess up already?
- Jessica Moran
Person
No, I'm here to answer any questions also.
- Shannon Grove
Legislator
Okay. You run up there, so I ask. So the next question I have is, I think what I heard from the plans themselves is that they're opposed to it because there has to be some type of prior coverage or some type of coverage mechanism prior to getting dental work.
- Shannon Grove
Legislator
And so I guess my question is, is there anything in the bill that would prevent someone from enrolling in some major medical program, paying two months, getting thousands upon thousands of dollars worth of dental care, and then canceling their policy? Is there anything in that requires them to have 12 months prior coverage, 6 months prior coverage or anything like that.
- Jim Wood
Person
Actually, there isn't. This bill has now been narrowed to large group plans. So that would mean you take a job with somebody to get dental insurance and then leave the job after a couple of months. I'm not sure that many people would go through that, but I guess it's a possibility. But it's because it has been narrowed to cover just large group plans.
- Shannon Grove
Legislator
Okay. Alright, well, I appreciate that. And I hadn't had a chance to look at the amendments, but I understand they're just technical. Is that true?
- Jim Wood
Person
I hope so.
- Shannon Grove
Legislator
I'm sorry.
- Susan Talamantes Eggman
Person
This is clarification of rate.
- Jim Wood
Person
Kind of fun, actually. I kind of know the bill, and...
- Susan Talamantes Eggman
Person
You're kind of a dentist.
- Jim Wood
Person
I'm kind of still a licensed dentist here in California.
- Shannon Grove
Legislator
I just wanted to make sure they were just clarifying technical amendments and nothing greater that I missed...
- Susan Talamantes Eggman
Person
On rate reviews.
- Jessica Moran
Person
So the amendments for this Committee are technical. The amendment that Dr. Wood is referencing to narrow the waiting periods, that was taken in Assembly Health.
- Shannon Grove
Legislator
Oh, it was?
- Jim Wood
Person
We did that.
- Shannon Grove
Legislator
You did that. Okay. And eliminate the waiting periods. And is there a waiting period at all, or it's completely eliminated.
- Jessica Moran
Person
So with the amendments taken in Assembly Health, it would eliminate waiting periods in the large group market, so those who are receiving their benefits through their employer in the large group.
- Susan Talamantes Eggman
Person
So at the same time their health care goes into effect, their dental care goes into effect.
- Jessica Moran
Person
Yes.
- Shannon Grove
Legislator
Thank you. Thank you, ma'am. Chair, should I ask you that question?
- Jim Wood
Person
I guess I just might note, some employers have a waiting period for people to be eligible for plans anyway.
- Shannon Grove
Legislator
Yes. And this would comply with that waiting period for those individuals to be eligible, like their regular health insurance.
- Jim Wood
Person
They wouldn't get a dental plan just without qualifying for the other benefits that the employer would be offering during a specific time frame.
- Shannon Grove
Legislator
Okay. No, I appreciate you responding. Thank you, sir.
- Susan Talamantes Eggman
Person
Parity between teeth and noes. Okay. Senator Limon.
- Monique Limón
Legislator
Thank you. This is an interesting conversation because I just recently, I think, in the last two months, received a notice from my dentist letting me know that my dental insurance plan was now going to be out of network. And so while we know that there's such importance with health, with dental health, and it also relates to overall health for many, for all, but also particularly for communities who don't have access. So I think having a more comprehensive medical insurance I think makes sense.
- Monique Limón
Legislator
We know there's a lot to do, and I think of my former school board days and what we did to have volunteer dentists in our schools because it was so key to overall health. And while this only applies to the larger groups, I still think it's very worthwhile, and I think it is part of a broader conversation of how we align the benefits, particularly in light of, I think, what so many are experiencing that do have coverage.
- Monique Limón
Legislator
And that coverage is inconsistent depending on where you live. And also has its own challenges that your average patient might not be able to navigate on their own without some broader standards statewide. So I'm grateful that this bill is coming forward. Do understand the concerns of the health plans, but certainly think that there is much to gain if we are able to have a more comprehensive way to align it with medical.
- Susan Talamantes Eggman
Person
Thank you. And I will echo some of those same comments. I try to be sympathetic to the plans. I understand that there's always new things. But I also stand on the side of, as a social worker too, trying to work with students about how do you care for kids. One of the biggest risk factors is having a messed up mouth that then just continues to keep that child in trouble, not raising their hand, getting, I mean, it's just incredible social determinants of health live in our mouths. So I'm also a supporter. We had a motion by Senator Wiener. Would you like to close, sir?
- Jim Wood
Person
Thank you, Madam Chair. And to Senator Grove. I would love it if the Medi-Cal program was as comprehensive as some other plans are. Yet here we are. Some of these private plans are not as comprehensive as I think they should be. Imagine a child born with a cleft lip or a cleft palate, and often that involves missing teeth. There is medical care available for the treatment of the cleft lip and cleft palate.
- Jim Wood
Person
But under most dental plans, the replacement of a tooth that was never there would be considered a preexisting condition, and that child would not be able to get the restorative functional treatment that they need to eat, chew, smile, and those kinds of things. And I just think fundamentally, that's unfair. And I think when I was practicing, I think the biggest frustration I ever had was this pre-existing condition, a missing tooth exclusion that just made it really difficult to provide comprehensive care to people. And I just think it's unfair, and I hope that we can change that going forward.
- Susan Talamantes Eggman
Person
Thank you. Okay, Secretary, please call the roll, and this is a do pass is amended and re-referred to the Committee on Appropriations.
- Committee Secretary
Person
Senators Eggman? Aye. Eggman, aye. Nguyen. Aye. Nguyen, aye. Glazer? Aye. Glazer, aye Gonzalez? Grove? Grove, aye. Hurtado? Limon? Limon, aye. Menjivar? Roth? Aye. Roth, aye. Rubio? Wahab? Wahab, aye. Wiener? Aye. Wiener, aye.
- Susan Talamantes Eggman
Person
That's eight to zero. We'll hold the roll open. Thank you very much, Dr. Wood. Mr. Gabriel, you are up next with 418, food product safety.
- Jesse Gabriel
Legislator
Thank you very much, Madam Chair and Members. I want to start today by accepting the amendments to delay implementation until 2027 to permit the industry time to reformulate and make the necessary supply chain adjustments. Want to thank you and your staff for their thoughtful help and assistance. With that, I want to thank the opposition, particularly the Consumer Healthcare Products Association, for working with us on the implementation date delay and appreciate their thoughtful collaboration.
- Jesse Gabriel
Legislator
I am pleased today to present AB 418, which would help to protect kids, families, and consumers in the State of California by banning the use of five toxic chemicals with well-documented risks of harm, including cancer, reproductive issues, and developmental and behavioral issues in kids. As I've discussed with many of you, these chemicals are all currently banned in the 27 nations of the European Union. They are also banned in different permutations and combinations in many other jurisdictions around the globe; countries including the UK, Canada, Brazil, India, China, Nigeria, South Korea, Israel, Qatar, and so on.
- Jesse Gabriel
Legislator
We've also seen that many major brands and corporations here in the United States have moved away from using these chemicals, including some of our most iconic brands and corporations. So, Coke, Pepsi, Gatorade, Papa John's, Dunkin' Donuts, Panera, Whole Foods, Kroger, and others have moved away from the use of these chemicals.
- Jesse Gabriel
Legislator
One thing I do want to make clear here is that we are not looking to pull any items off the shelf, and in fact, I would vote against a bill that I thought was going to ban Skittles. The idea of this here is simply to have these manufacturers, have these companies do what they are already doing in Europe and so many other places around the globe, which is make minor modifications to their recipes and we know that these companies can do that because in fact they're already doing so.
- Jesse Gabriel
Legislator
And Senator Limon was generous enough to bring me a package of Skittles back from Denmark on a recent visit there, and I assure you I tasted them, we tasted them in my office. They were delicious. My staff actually took them away from me because I was eating too many of them and we wanted to use them as a prop, but we know that the industry is capable of making these modifications.
- Jesse Gabriel
Legislator
So the backdrop of all of this for me--because I had a question when I first looked at this and this is not an area in which I've done a lot of work--was why is the United States an outlier here? Why is it that so many other jurisdictions, so many other nations, so many corporations and manufacturers moved away from these chemicals and yet the FDA has not done so?
- Jesse Gabriel
Legislator
And what I found was actually very disturbing to me, that there are major flaws in the FDA regulatory process. One of them is the 'generally recognized as safe' or GRAS loophole to the fact that approximately 99 percent of new chemicals that have gone into our food supply have either been grandfathered in or have not received independent, meaningful review by the FDA. The FDA operates differently than other federal agencies.
- Jesse Gabriel
Legislator
So example, where the EPA reviews chemicals every 15 years, re-reviews them because our understanding of human physiology, of science, new data comes into account, that does not happen at the FDA in the way that it does at other agencies.
- Jesse Gabriel
Legislator
And so we've ended up in this situation, this very bizarre situation where we are lagging behind the rest of the world and I think the best example of this is that one of the chemicals in this bill, red dye No. 3, has been banned by the FDA for use in cosmetics since 1990 and yet is still allowed in our food supply, and I think that tells you everything you need to know about how incoherent the system is.
- Jesse Gabriel
Legislator
I don't think it takes a PhD in molecular biology to understand that doesn't make a lot of sense, that if something is a type 2 carcinogen, too dangerous to put on our faces, and yet it's put in a lot of products that are primarily targeted towards our young people. So we have focused on these five chemicals because we believe that there is strong science to support that, but also because for each of these chemicals, there are readily available alternatives, and again, the industry doesn't have to guess what those alternatives are.
- Jesse Gabriel
Legislator
It is already using them in many products here in the United States and certainly in other products in jurisdictions around the world. So we're very proud to have assembled a coalition of consumer protection, public health, anti-cancer, environmental groups that are behind this. Most recently secured the support of former Governor Arnold Schwarzenegger, who I think made the excellent point that this is not a partisan issue, this is simply common sense.
- Jesse Gabriel
Legislator
He had his team look into the science behind this, and I think they were very persuaded that this is a common sense step forward to protect kids and families in the State of California. So appreciate the work of the Committee, happy to accept the amendments, and would respectfully request your aye vote. And with me today to testify are two witnesses, and so we have with us from the Environmental Working Group, Susan Little, and also I'm very grateful that Dr. Richard Jackson has joined us.
- Jesse Gabriel
Legislator
He is a pediatrician, a professor emeritus at the Fielding School of Public Health at UCLA where he was the Department Chair in environmental health science, has served in many leadership positions within the California Department of Health, including as--the highest is the State Health Officer under Governor Schwarzenegger. For nine years, he was the Director of the CDC's National Center for Environmental Health.
- Jesse Gabriel
Legislator
He received the Presidential Distinguished Service Award from President George W. Bush, and most recently was elected to the National Academy of Medicine and the National Academy of Sciences, putting him in a very, very small group of the most distinguished experts on this issue. So thank you for your consideration and respectfully request your aye vote.
- Susan Talamantes Eggman
Person
Thank you, Assembly Member. Doctor, please.
- Richard Jackson
Person
Madam Chair, Members of the Senate Committee, it's a pleasure to be with you. Because I'm a pediatrician, I'm going to focus on children, and one of the fundamental tenets of pediatrics is that children are not little adults. They eat, drink, and breathe three times as much as an adult does for every pound of body weight, and insults that occur to them early in life, as you know, stay with them potentially for their entire lives. They carry that damage all the way along.
- Richard Jackson
Person
As I read this bill, and I learned more about it, I was shocked that these chemicals are unnecessary, they're not proven to be safe in most situations, and there are safer substitutes. If they make a sugar tablet shine, we don't really need it. Every mother teaches a child the prettiest food is not necessarily the healthiest ones for you to be eating.
- Richard Jackson
Person
And moms and dads should not have to be biochemists and epidemiologists to go shopping to figure out what is best to give their children. My long career in public health, I've learned the American approach to public health threats is a combination of neglect and panic, and too often we suffer from this neglect, and FDA is in part guilty of this with the 50 years they've been sitting on some of these chemicals.
- Richard Jackson
Person
In fact, if the FAA operated the way the FDA did, not one of you would get on an airplane at this point. Our health protection agencies need to be nimble, smart, and decisive because California is one-ninth of all the births in the United States. We sent the federal budget 280,000,000,000 dollars last year, which was more money than Texas, Florida, and New York sent to the federal government. Don't you think we owe much better oversight?
- Richard Jackson
Person
But in fact, the real leadership on pesticides has come from California. The real leadership on air pollution and water pollutants. I work with Lloyd Connelly and many others on these issues--have come from California. And sometimes, California has to step up and show the leadership when the Feds are dragging their feet. So as a pediatrician, a public health doc, and a grandfather, my granddaughter is here, Senator Glazer, from Walnut Creek.
- Richard Jackson
Person
I want to ask you to make decisions about how we can make our food safer for all of our grandchildren. Thank you very much.
- Susan Talamantes Eggman
Person
Thank you. Next witness, please.
- Susan Little
Person
Thank you. I'm Susan Little. I'm with the Environmental Working Group. Today we ask you to support AB 418 and remove five toxic chemicals from food products sold in California. All five are banned in nearly all foods sold in the European Union's 27 nations and many other nations around the world. Unfortunately, the Food and Drug Administration's process for addressing food chemical risk is deeply broken.
- Susan Little
Person
A recent FDA commissioned report, which we provided to your staff, found the agency's food safety program is plagued by turmoil, infighting, and bias against action. In fact, the FDA does little to keep food chemicals safe. Food and chemical companies, not the FDA, perform the safety assessments of 99 percent of new food chemicals placed on the market over the last 20 years.
- Susan Little
Person
Even when the FDA does approve chemicals and new science later identifies serious health harms linked to that chemical, the FDA does not have to re-review it. And if citizen groups petition the FDA--such as Environmental Working Group has--to re-review a chemical, the FDA is slow to act, if at all. It has not substantively responded to a petition filed in the 1990s, for example. Consequently, many chemicals, including most of those listed in AB 418, have not been assessed in decades.
- Susan Little
Person
Potassium bromate for instance, a carcinogen, has not been reassessed since 1973, even though it was listed as a Prop 65 chemical in 1990. Propylparaben can harm the hormone system, but has not been reviewed by the FDA since 1972. And the list goes on. Have you heard about red 3? BVO, which harms the nervous system has never been allowed in the EU food, but remains in store brand sodas sold across the United States.
- Susan Little
Person
In the absence of constructive federal regulation, it's up to states to follow the lead of other nations and ban the worst of the worst chemicals in the food supply. AB 418 will do this and we urge your aye vote. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Other speaking in support, now just name and affiliation.
- Liberty Sanchez
Person
Good afternoon, Madam Chair and Members. Libby Sanchez, here today on behalf of three of our coalition partners, Center for Community Action and Environmental Justice, Center for Food Safety, and Social Eco Education, in strong support. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much.
- Duncan Mcfetridge
Person
Madam Chair and Members, Duncan Mcfetridge representing Food Safe. Strong support.
- Susan Talamantes Eggman
Person
Thank you.
- Roxanne Gould
Person
Good afternoon. Roxanne Gould, representing the American Nurses Association of California, in support.
- Susan Talamantes Eggman
Person
Thank you.
- Noah Whitley
Person
Thank you, Chair and Members. My name is Noah Whitley, speaking on behalf of the Breast Cancer Prevention Partners in strong support.
- Susan Talamantes Eggman
Person
Thank you.
- Matt Lege
Person
Good afternoon. Matt Lege with SEIU California in support.
- Susan Talamantes Eggman
Person
Thank you.
- Ryan Spencer
Person
Ryan Spencer, American College of OB-GYNs, District Nine, in support.
- Susan Talamantes Eggman
Person
Thank you.
- David Bolog
Person
David Bolog, San Fernando Valley resident, wishing Assembly Member Gabriel will turn his red light from red to green, in support.
- Susan Talamantes Eggman
Person
Thank you. Okay, seeing no other people speaking in support right now, we'll go to opposition now. Folks, come forward.
- Peter Kellison
Person
Madam Chair and Members, Peter Kellison. Our client is the National Confectioners Association. The lead witness who was supposed to be here to present testimony was unable to make it to California due to inclement weather and so I am standing in. I want to be very clear that I will do my best to convey their testimony, but I lack the expertise to answer questions or to respond. The National Confectioners Association, NCA, represents candy manufacturers across the nation, including many in California.
- Peter Kellison
Person
Its members prioritize food safety and ensure that all ingredients used comply with FDA requirements and are safe for consumption. They would like to address two underlying arguments that are behind AB 418. The first is that the FDA is not actively regulating the safety of food additives. The FDA consistently reviews additives and is currently evaluating three of the five additives mentioned in the bill.
- Peter Kellison
Person
For example, the FDA recently completed studies on brominated vegetable oil, BVO, and announced its intention to propose a rule by the end of this year to ban it. The FDA is also reviewing titanium oxide and red No. 3, actively seeking data and comments on their safety as color additives. The FDA has previously examined titanium oxide in 2021 and red No. 3 in 2019, and continuously assesses the safety of these ingredients in the drug approval process.
- Peter Kellison
Person
Separately, the California Department of Public Health is also conducting a review of red No. 3 to determine if warning statements should be required. The other issue that they wish to address is the belief that if a substance is banned in the EU, it should also be banned in the U.S. They believe that this is a nuanced statement, and in fact, the EU permits the use of red No. 3 in both cosmetics and food, as the analysis points out, such as cocktail and candied cherries.
- Peter Kellison
Person
Although the U.S. allows broader uses, the EU has determined that red No. 3 is safe for consumption of food. The interpretation of scientific studies can differ, as exemplified by the FDA's denial of red No. 3 approval in cosmetics in 1990 based on a rodent study, while the EU in 2012 reviewed the same study in additional literature, concluding that red No. 3 does not pose a carcinogenic risk and is permissible in EU cosmetics. So different perspectives on the relevance of studies also exist.
- Peter Kellison
Person
FDA disagreed with the EU's ban on titanium oxide because it was based on studies not applicable to food grade titanium oxide. Lastly, I'd like to address the misperception that there are existing replacements for titanium oxide in red No. 3 in the U.S. There are not. FDA approval is required for all color additives, including natural color additives with approximately 40 approved additives. No suitable substitute exists for current use of titanium oxide in red No. 3.
- Peter Kellison
Person
In conclusion, these complex matters involve the expertise of toxicologists, food scientists, chemists, and biochemists, and the authority to make such decisions should remain with the FDA. By ensuring a consistent approach that aligns with the FDA's science-based deliberative process, it is the hope to preserve the core purpose of the FDA and essential to maintain a balance and avoid creating a precedent where individual states make individual determinations that may conflict with the process. For these reasons, they're in opposition to the bill. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Anybody else speaking in opposition to this bill, just now name and affiliation.
- Anthony Molina
Person
Madam Chair and Members, Anthony Molina on behalf of the Consumer Brands Association in opposition. Thank you.
- Susan Talamantes Eggman
Person
Thank you.
- Dean Talley
Person
Chair and Members, Dean Talley with the California Manufacturers and Technology Association. Opposed.
- Susan Talamantes Eggman
Person
Thank you.
- Leticia Garcia
Person
Good afternoon. Leticia Garcia with the California Grocers Association, also opposed.
- Mc Kay S. Carney
Person
Hi. Mc Kay Carney on behalf of the International Association of Color Manufacturers Respectfully in opposition. Thank you.
- Susan Talamantes Eggman
Person
Thank you.
- Russell Noack
Person
Madam Chair, Russell Noack on behalf of the American Chemistry Council. Opposed.
- Susan Talamantes Eggman
Person
Thank you.
- Margaret Lie
Person
Margie Lie with Samson Advisors on behalf of the California League of Food Producers and the Council for Responsible Nutrition in opposition.
- Susan Talamantes Eggman
Person
Thank you.
- Donald Gilbert
Person
Madam Chair and Members, Don Gilbert on behalf of the Consumer Healthcare Products Association. We're removing our opposition in light of our successful negotiations with the author. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much, Don. Okay, let's go to the phone lines. Now's the time for people in support and/or opposition. Simply state your name, affiliation, and position. Thank you. Moderator, are there any calls?
- Committee Moderator
Person
Yes. For support or opposition of AB 418, please press one then zero at this time. And we will go to line 418. Please go ahead.
- Priscilla Quiroz
Person
Priscilla Quiroz calling on behalf of the National Stewardship Action Council in support of AB 418. Thank you.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Moderator
Person
Line 419, please go ahead.
- Adam Regele
Person
Good afternoon, Madam Chair. Adam Regele on behalf of the California Chamber of Commerce. Appreciate the amendments. Currently have an opposed position. Thank you.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Moderator
Person
Line 274.
- James Lindburg
Person
Good afternoon. This is Jim Lindburg on behalf of the Friends Committee on Legislation of California in support. Thank you.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Moderator
Person
Line 251.
- John Bottorff
Person
John Bottorff with CleanEarth4Kids.org in strong support of AB 418.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Moderator
Person
Line 406.
- Ryan Allain
Person
Good afternoon, Chair and Members. Ryan Allain on behalf of the California Retailers Association in opposition. Thank you.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Moderator
Person
Line 424.
- Gabriella Ingram
Person
Hi. Gabriella Ingram in support. Thank you.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Moderator
Person
Line 247.
- Kian Schulman
Person
This is Kian Schulman, Director of Poison Free Malibu, in strong support.
- Susan Talamantes Eggman
Person
Thank you, next caller.
- Committee Moderator
Person
Line 427. Yes, 427.
- Natalie Boust
Person
Yes, this is Natalie Boust on behalf of the California Business Roundtable in opposition.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Moderator
Person
Line 422.
- Unidentified Speaker
Person
Hi. This is Elsa with CalHEART in support of AB 418.
- Susan Talamantes Eggman
Person
Thank you. Next caller, please.
- Committee Moderator
Person
Line 421.
- Quintin Levesque
Person
Good afternoon. This is Quintin Levesque on behalf of California Health Coalition Advocacy in support.
- Susan Talamantes Eggman
Person
Thank you, next caller.
- Committee Moderator
Person
Line 240. 240.
- Polly Marshall
Person
Hi. This is Polly Marshall on behalf of Breast Cancer Over Time in strong support.
- Susan Talamantes Eggman
Person
Thank you.
- Committee Moderator
Person
Line 415.
- Jack Yanos
Person
Jack Yanos on behalf of the California Fuels & Convenience Alliance in opposition.
- Susan Talamantes Eggman
Person
Thank you.
- Committee Moderator
Person
Line 303.
- Linda Rich
Person
Linda Rich, Plaster County, in strong support.
- Susan Talamantes Eggman
Person
Thank you very much. Next caller, please.
- Committee Moderator
Person
Okay, Madam Chair. No further comments in queue at this time.
- Susan Talamantes Eggman
Person
Thank you very much. This is the time we'll bring it back to the Committee for Senator Roth, followed by Senator Glazer.
- Richard Roth
Person
Thank you. Thank you, Madam Chair. Thank the author. I'm very impressed with your presentation and your thoughtful analysis in the way that you've structured your bill. It's a difficult bill. Obviously, there's a lot of opposition and of course, I think all of us up here are reticent to cause a disruption in the marketplace.
- Richard Roth
Person
I'm pleased that you provided an on-ramp to allow the supply chain to even out and the shelves to take care of themselves before as the alternative formulas are developed, an alternative product is put out in the marketplace, and it seems to me that at least with four out of the five food chemicals, that sufficient safety issues have been identified by these various issues, even though they're various studies, even though they're conflicts, to justify requiring the ban and the utilization of alternative food chemicals in these various products. So, obviously, I'm going to support the bill, as I indicated to you previously.
- Richard Roth
Person
As the bill moves forward, however, to the extent it moves to some other Committee besides this one, with the fifth food chemical, this titanium dioxide, in looking at it again, it appears, obviously, that there's this European study but there are other studies, at least one or more, that seem to provide a conflicting opinion as to whether titanium oxide causes the problem that the Europeans believe that it does.
- Richard Roth
Person
And while we have no control over the Federal Food and Drug Administration at all, we do have a California Department of Public Health. And so as the bill moves out of this Committee, perhaps you would consider asking the CDPH to take a look at titanium dioxide and the studies that exist and provide us, as a Legislature, some idea as to whether there is sufficient cause to believe that despite the conflict in the studies, that there is a danger with the continued use of titanium dioxide.
- Richard Roth
Person
Your option, just a suggestion as we move forward. I will be supporting your bill, and thank you for the effort.
- Jesse Gabriel
Legislator
Thank you very much.
- Susan Talamantes Eggman
Person
Thank you, Senator Roth. Senator Glazer, and then Senator Grove.
- Steven Glazer
Person
Thank you. I appreciate the thoughtfulness in the bill and the challenge that we have, though, of trying to ask, you know, we're not experts. Conflicting studies. There's always the politics of these choices that we face. We always have a bill or two every year that says, 'This is a bad chemical. Ban it.' And then the dilemma of reviewing the studies, understanding we have processes for some of these to have them examined more objectively.
- Steven Glazer
Person
All that gets me to my question that I wanted to ask the author and perhaps the opponents, which is that, all things being equal, if there is an alternative, then that gets me to the place of, 'well, I'm not making a political choice. There's an alternative.' So I wanted to ask the author to speak to this issue of suitable substitutes. I thought I heard the testimony from Mr. Kellison a moment ago that said there are none and I wanted to give you a chance to speak to that and perhaps have him come up and defend his point as well.
- Jesse Gabriel
Legislator
Yeah, thank you very much, Senator, and I think what I understood from the opposition, and they can correct me if I'm wrong, is that they were saying that there's no suitable alternative for one of the chemicals for titanium dioxide. I think we'd respectfully suggest that that's not the case. There's a number of substitutes on the market. Calcium carbonate can be used as a substitute. There's a number of manufacturers that have developed proprietary blends as a substitute, and the other thing that I think maybe is helpful to understand or take a step back and understand what titanium dioxide does.
- Jesse Gabriel
Legislator
So it scatters light to create very vibrant white. So I would be willing to bet a lot of money that there is titanium dioxide in the paint on these walls. It's often found in paint because it creates vibrant colors, and the manufacturers are using it to create vibrant colors in their products.
- Jesse Gabriel
Legislator
And what we have found is that actually one of the substitutes for titanium dioxide, and I don't mean this goodly, is food. So I'll give you an example. Dunkin' Donuts was putting titanium dioxide, mixing it in with the powdered sugar on their powdered sugar donuts, to make them more vibrant. Because of health concerns, they simply removed the titanium dioxide. They still have powdered sugar donuts. They still sell a lot of them. There's been no disruption to the market.
- Jesse Gabriel
Legislator
Papa John's Pizza was mixing titanium dioxide in on their cheese pizzas to make it a little more vibrant, to make the cheese look better. They realized that actually, you can just use cheese. You can still sell a lot of pizzas, and you don't need the ingredients. So I would actually push back on the suggestion that there are no substitutes out there in three ways. One, we know there are: calcium carbonate and the proprietary blends and others.
- Jesse Gabriel
Legislator
Two, you've seen companies just successfully transition to food ingredients as substitutes, and three, we don't have to guess for each of these companies, and none of these companies will actually have to guess about what alternative they might use because they are already using alternative recipes in Europe. Right? So Skittles already knows what the alternative recipe is.
- Jesse Gabriel
Legislator
All of these candy companies that are manufacturing products here in the United States and here in Europe, they already know what the alternative is because they're using it, and they have contracts to use it, and they have supply chains to use it, and they're using it in the products in Europe, and nothing that I'm aware of has come off the shelves as a result of that ban.
- Steven Glazer
Person
Thank you. And through the Chair, could we ask the opposition to come and defend their claim?
- Susan Talamantes Eggman
Person
Mr. Kellison, do you feel defendable?
- Peter Kellison
Person
As I said in my opening statement, I do lack technical expertise, given the last minute notice here. My understanding is that for this product, there is approval for limited use, not widespread use, and as far as frozen pizza goes, as has been conveyed to me, that is typically an American product rather than an EU product, and that is the extent of my information.
- Susan Talamantes Eggman
Person
Thank you.
- Steven Glazer
Person
Thank you.
- Susan Talamantes Eggman
Person
Did you want to hear from the proponent at all?
- Steven Glazer
Person
No, I think the author gave a very compelling statement, and I think it was pretty convincing to me. I do think we--you know, no one wants to do these things haphazardly, and I think we take the right of the marketplace to kind of do their thing with some appreciation for that challenge, but if there are alternatives, for me at least, this doesn't become the dramatic decision that it might have been at first blush, that this is a much more narrow in scope, this bill, with alternatives that seem to not be as scary as one might have thought from the start anyway. Thank you.
- Susan Talamantes Eggman
Person
Thank you, Senator Grove.
- Shannon Grove
Legislator
Thank you. Thank you, Madam Chair. First, I'd like to thank you for spending time with me. You absolutely have your facts together around this bill, and you spent a lot of time on it, and I heard your personal story of what that purpose was. I agree with my colleagues that spoke. I believe it's a battle of the experts. I'm not an expert. I don't think anybody on the dais is in this field, so I think it is a battle of the experts.
- Shannon Grove
Legislator
One of the compelling statements that you made to me is that red dye No. 3 has been removed from a cosmetics, but still allowed in our food. So why--can you give me the explanation you gave me when we had a conversation on the phone why the FDA has removed red dye No. 3 from cosmetics, but not from our food?
- Jesse Gabriel
Legislator
I think there was some indication when they removed it from cosmetics that they were going to take action to remove it from food, which they should be required to do under federal law with the Delaney Clause, but they never got around to doing it, and I think that's one of the frustrations here. The opposition is saying, 'well, let the FDA take care of this,' but we've been waiting for 33 years for them to remove it from food, and they have not gotten around to it.
- Jesse Gabriel
Legislator
And very recently, as noted in page four of the analysis, FDA leadership actually put out a statement saying that they want to do better in the food safety area but to do that, they would need more personnel, more funding, and more legal authority from Congress, but they don't actually have all of the legal authority they need right now to do the best job in protecting us in food safety. So I think you'd have to ask the FDA why they haven't done that, but the facts are there. It's very clear, it's undisputed that it was removed from cosmetics in 1990 and they have not removed it from our food supply.
- Shannon Grove
Legislator
Thank you. And with the other one, the titanium dioxide, that one that is brought up, and you said it's just like an enhancer for white color. It's the color white. So I'm just curious again, and this is kind of a silly question, what's milk going to look like? Because it's in milk. So, like, what's milk going to look like? Is it going to look yellow? Are we going to have to educate the public? I'm just curious.
- Jesse Gabriel
Legislator
I bet if we asked our parents and grandparents, they tell us that milk probably looked fine and they were able to drink it and everybody did fine before they put titanium dioxide in it.
- Shannon Grove
Legislator
Yeah, I know it's a silly question, but I was just curious about--I don't know. That's why I asked. The other thing that I have about that particular titanium dioxide is that it's my understanding that there's not a replacement for that for Pepsi, correct?
- Janet Nguyen
Person
Pepsi and sodas.
- Shannon Grove
Legislator
Pepsi and sodas?
- Janet Nguyen
Person
Beverages, is that correct?
- Jesse Gabriel
Legislator
The soda one was BVO is the chemical that's most relevant. Brominated vegetable oil, and so Coke and Pepsi and Gatorade, all the major brands stopped using BVO a number of years ago, and that's the one that the FDA has now indicated that actually we're right and that they're thinking that they're going to get around to banning it. Again, they've been making noise about banning BVO for several decades now. So the industry has already moved. It's mostly now in a number of store bought brands.
- Jesse Gabriel
Legislator
It's an emulsifier in citrus beverages. You might find it in Sprite or something like that to keep the flavor from all going to the top. You know, all of these companies: Coke, Pepsi, Gatorade figured out how to make their products without BVO, and so it's mostly in these off brands that are still out there, and, you know, again, I think Coke is doing fine. Pepsi is doing fine. All of these major companies are doing fine without using BVO.
- Shannon Grove
Legislator
And just on a short comment, the reason why I asked you about that titanium dioxide is because on a quick Google search after I heard that Pepsi and Coke said there was not a replacement for it, on a quick Google search in 2014, it says Pepsi and Coke insist they are not using titanium dioxide in SoBe or Powerade drinks. So I don't know. Again, that data, it's a battle of the experts, I guess you would say. I thank you.
- Shannon Grove
Legislator
I do, I thank you. I think the headline is going to be that California is banning Skittles. I thank my colleague from Santa Barbara for bringing Skittles from the European Union. I do have a huge concern with the fact that if we do this here in California, just like if we mandate certain vehicles or whatever we mandate here in California, being a large market, the rest of the nation's going to have to follow suit. So goes California, so goes the nation because I don't think manufacturers are going to produce one product for California and one product for the rest of the nation.
- Shannon Grove
Legislator
As I shared with you, I got nine grandkids--ten is due anytime now, right? So I got nine grandkids, and the tenth one is on the way, and I have concerns about this, and I have concerns about red dye No. 3, specifically after what you told me about not having it--having it being banned in makeup. And I looked that up, and you're telling the truth. It was banned by the FDA.
- Susan Talamantes Eggman
Person
It doesn't serve to lie up on there when you're presenting.
- Shannon Grove
Legislator
Well, you know, I've been in the building since 2010. I did look that up, and you're right. The FDA did say that you couldn't use that in makeup, and so if you can't put it on your face, why can you ingest it? There is a very strong oppose on the analysis. I'm going to lay off the bill because I don't want to vote no on it, but I am concerned about overriding the FDA.
- Shannon Grove
Legislator
I do have that concern as far as I think the federal government has a place. The state government has a place, but I want you to know you make a very compelling argument, and being one of the most conservative Members in this body, you have me this close to a yes, and you have your facts and your data down. I mean, I checked it and you're right.
- Jesse Gabriel
Legislator
Well, I appreciate the thoughtful consideration and really grateful for you for making time to have a conversation. I will confess, this is, as I mentioned, not an area that I normally legislate in. You probably haven't seen me in Health Committee often. I was a little hesitant to wade into this, but when the proponents came to me and I started to do my own research here, and come into perspective really as a parent, right, as a parent of three young kids, and it kind of blew my mind, what I discovered, right?
- Jesse Gabriel
Legislator
And these things, I mean, again, it doesn't take someone with a PhD in neuroscience to say, 'Wait a minute, it's banned in cosmetics. You can't put it on your face, but you can ingest it.' These things that just don't make any sense and I think it's just, as Governor Schwarzenegger said, 'This is not partisan. This is just some common sense.'
- Shannon Grove
Legislator
There was a comment made by the proponents. I think the lady who had come up, she said that a lot of the food additives are approved by the food companies themselves instead of the FDA and, you know, when I looked up the Pepsi thing, what was interesting to me is that it's still allowed by the FDA. This titanium dioxide is still allowed by the FDA, but yet the largest Pepsi-Cola and Coke have removed it from their products because they feel it's hazardous. So, again, validating your point. So thank you. Sorry.
- Susan Talamantes Eggman
Person
That's a lot of validation for that. A lot of validation for not voting. Senator Nguyen. No validates.
- Jesse Gabriel
Legislator
Thank you.
- Shannon Grove
Legislator
I don't even think that's funny.
- Janet Nguyen
Person
Assembly Member, my colleague from Riverside, I agree with him. I think going back to the titanium dioxide, I mean, FDA has generally recognized it as being safe, and so, you know, as mentioned, we are not experts up here, and I hope that you would consider moving forward, is asking the California Department of Public Health to look at that because it is the battle of the experts.
- Janet Nguyen
Person
One says it's safe, one says it isn't, but generally everything with food and drug in the United States, we look to the FDA, and so I do have concerns that if this is not--is it safe or is it not safe because I remember way back when they started talking about MSG in the Asian culture, at least the Vietnamese community, they use a lot of MSGs back then, but when it came out that it could cause cancer and everything, it just went away and they looked for other alternatives for the Vietnamese food and so it's very rare you get any MSG in Vietnamese food these days.
- Janet Nguyen
Person
If they do, they would disclose it at that restaurant that, 'hey, we do have some MSG.' So I think, though, that's the confusion. Maybe the Pepsi or the Coca-Cola, maybe it's not maybe sodas but they do have other product. They have actually a lot of products, not just sodas. Maybe it's in the orange juice or something. I don't know.
- Janet Nguyen
Person
So I think that, you know, if you go forward, it's really helpful to get some of these where we can get our own Department for Public Health to give us their expertise on it because they have experts to look at it.
- Jesse Gabriel
Legislator
Yeah. Thank you. No, I think that's an interesting idea, and I appreciate it. I think one thing just to add on the titanium dioxide that Dr. Jackson explained to me as we were talking about this before, nobody thinks it's safe. It's just a question of how unsafe is it, right, and where do you draw the line and do we believe it's really unsafe or really, really unsafe?
- Jesse Gabriel
Legislator
And as a parent, knowing, I think, to Senator Glazer's point that there are all these alternatives out there, I'd rather have my kid--it doesn't sit well with me, the notion that kids in Italy and France and Bulgaria and Romania and Sweden and Finland and all these other countries are more protected than my kids are, and so ultimately, I would like knowing that there's alternative, knowing that there's no harm to the industry. I think we'd be better off doing everything we can to protect kids and families.
- Susan Talamantes Eggman
Person
Thank you, Assembly Member, and I will also say we were prepared to really take some blows to this bill and then we met with you, and you are very compelling, and I know you really do have all your facts and everything in a row and so we do have a do pass. I will say that I had a major processor in my district come forward on the titanium dioxide also.
- Susan Talamantes Eggman
Person
So I'd also just like to tag on with Senator Roth about checking in with Public Health a little bit just to see. You know, I don't like bans, but I also don't think food should be bright and shiny. So would you like to close?
- Jesse Gabriel
Legislator
Just really want to thank you all for the engagement, for the opportunity to have a conversation, and would respectfully request an aye vote.
- Susan Talamantes Eggman
Person
Thank you very much. Do we have a motion? Senator Limon moves the bill. Secretary, if you'd call the roll, and it is 'do pass as amended and re-refer to the Committee on Environmental Quality.'
- Committee Secretary
Person
Senators Eggman? Aye. Eggman, aye. Nguyen? Glazer? Aye. Glazer, aye. Gonzalez? Grove? Hurtado? Limon? Aye. Limon, aye. Menjivar? Aye. Menjivar, aye. Roth? Aye. Roth, aye. Rubio? Wahab? Aye. Wahab, aye. Wiener? Aye. Wiener, aye.
- Susan Talamantes Eggman
Person
Those seven votes; we'll hold the roll open. Assembly Member Bryan. Senator Grove, which county has the most dairy in the State of California?
- Shannon Grove
Legislator
Tulare County, ma'am.
- Susan Talamantes Eggman
Person
Where do you represent?
- Shannon Grove
Legislator
Tulare County.
- Susan Talamantes Eggman
Person
What color is that milk when it comes out of those cows?
- Shannon Grove
Legislator
White.
- Susan Talamantes Eggman
Person
Okay. All right. Assembly Member Bryan, you are recognized.
- Shannon Grove
Legislator
I'd like to inform the Chair there is a workplace conduct unit where Senators--when we feel offended.
- Susan Talamantes Eggman
Person
Giving your district props.
- Isaac Bryan
Legislator
Well, thank you, Madam Chair and colleagues, I have a bright and shiny Bill for you today. I'm here to present AB 424, a Bill that would direct the California Department of Public Health to establish a registry for people with ALS or Lou Gehrig's disease in the State of California. Current law requires CDPH to establish and maintain a registry for Parkinson's disease and allows the Department discretion to expand the registry to other diseases such as ALS, but it does not require it.
- Isaac Bryan
Legislator
The average life expectancy for somebody who is diagnosed with ALS is 2 to 5 years. A recent study showed that the prevalence of ALS is expected to grow by 69% by 2040. Yet there's still a severe lack of information, research, treatment and investment. We don't know why this disease is more prevalent in men. We don't know why this disease impacts our veterans at a significantly disproportionate rate. We don't know where folks who are disproportionately impacted by this disease are in California.
- Isaac Bryan
Legislator
We can't make the meaningful investments that we need to in research and resources and cures/treatments. This Bill left the Assembly floor with all 80 votes. So I won't waste too much more of your time and respectfully ask for an aye votete.
- Susan Talamantes Eggman
Person
Thank you very much. First person. Speaking in support, Mr. Noteworth.
- Frederick Noteware
Person
Thank you, Madam Chair. Members. My name is Fred Notewear and I represent the Golden West chapter of the ALS Association and we're the sponsors of the Bill introduced by Mr. Brian and. The Bill makes certain that the California Department of Public Health will add ALS into their existing California Neuro Disease Registry program. The ALS registry will allow us to fully understand where Californians with ALS reside so that no person is left behind.
- Frederick Noteware
Person
We're hopeful the registry will identify these patients living in underresourced areas, for example, so we can bring care to them. Risk factors remain confounding and it is unclear if or when there may be ALS hotspots in our state that could provide critical clues and understanding of the mysteries behind the disease. It is thought that unlocking ALS will also help the science behind other neurodegenerative diseases like Parkinson's and Alzheimer's.
- Frederick Noteware
Person
As the author said, sadly, most people with ALS die within 2 to 5 years of diagnosis and there is a compelling reason to underscore the urgency attached to bringing an ALS registry online. With the largest ALS population in the country, it is our hope to confirm and prioritize a California ALS registry. And I think the good news here is that there's a tremendous amount of support in this building and the Administration for people who have this disease. It's horrible. So we respectfully urge you right about and thank you so much.
- Susan Talamantes Eggman
Person
Thank you very much. Others speaking in support now it's the time just to come forward with name and affiliation. Seeing none. Anybody speaking in opposition to this Bill today? Seeing none. We'll go to the phone lines. Any callers on the line at this time?
- Unidentified Speaker
Person
We have no callers in queue.
- Susan Talamantes Eggman
Person
Okay, now it's time to bring it back to Committee. And I'll just say I'm very supportive of this Bill. ALS is a terrible disease. I just lost a friend last week with ALS male, active. And as we all know, we lost a dear Capitol community friend last year. Also very fit, young, active. It's a tragedy and we need to find out more. Senator Grove.
- Shannon Grove
Legislator
Thank you, Madam Chair. I want to thank the author for bringing this forward. I think it's an excellent Bill and I echo my colleagues comments about the Capitol person that we lost last year, the Capitol Member of our family. We've lost people in my district and it happens very quickly. Very quickly. I have a very strong rancher friend. He's no longer with us but. I.
- Shannon Grove
Legislator
Think it was in January we saw him and he looked just normal like he's lifting 100 pound bells of hay. And then we saw him in June. He was in a wheelchair and could hardly move and feed himself and it's a very sad disease and he was a United States military veteran. So thank you for bringing this Bill forward. I appreciate it and I'd move the Bill when appropriate.
- Susan Talamantes Eggman
Person
Thank you.
- Steven Glazer
Person
Senator Glazer yeah thank you Chair and I appreciate the testimony on this and personalizing it. There's some real meaning in doing that and I'll recognize in my support today Tim Davis who was a former staffer here in the Capitol, longtime staffer who passed away from this. And I'm happy to invoke his name in support of this Bill.
- Susan Talamantes Eggman
Person
Cliff Blake Bailey would you like to close? Assembly Member.
- Isaac Bryan
Legislator
Yeah. No I think you are all channeling the spirit of what we're trying to do here. I want to bring up my co authors on this measure, Assembly Member Rick Zabur and Assembly Member Diane Dixon bipartisan coalition much like those of you up here. Last weekend I spent it with my cousin Chris. Chris was an EMT at 30 years old working late night shifts when he was diagnosed with ALS. He's coming up on his fifth year. He is needing full time care at this point.
- Isaac Bryan
Legislator
He speaks with his eyes. When I got to the Legislature I thought, zero we've got 100 billion dollar surplus. We need to do something for folks with ALS. How do we make the meaningful investments that we need to make? And I found out very quickly that we are so far behind that we don't even have a registry to help us decide and think through critically using data and evidence where and how to make the investments we need to make.
- Isaac Bryan
Legislator
And that is unfortunate because we won't always have the surpluses of yesteryear. And so starting here at the foundation it gives us something we can all build on and we can build on it together. Again, I respectfully ask for your aye vote.
- Susan Talamantes Eggman
Person
Senators Eggman. Aye. Eggman? Aye. Min? Aye. Min. Aye Glazer? Aye. Glazer Aye Gonzalez. Grove. Grove. Aye Hurtado Limon. Menjivar. Aye. Menjivar Aye Roth. Aye. Roth? Aye. Rubio? Wahab. Wahab. Aye Weiner. Aye. Weiner?
- Susan Talamantes Eggman
Person
Thank you very much. I was able to help get a couple million last year for an ALS site in Sacramento because there's only one in San Francisco, in LA and not one at UC Davis. So we got a satellite hooked up. Okay. We have a motion by Senator Grove secretary if you could call the role motion by Senator Grove and that is to pass and refer to the Committee on Appropriations.
- Susan Talamantes Eggman
Person
Aye. Thank you. We'll hold that roll open for absolute Members. Thank you. Ms. Schiavo, now on AB 464, enjoying a do pass and re refer to the Committee on Transportation having to do with records.
- Pilar Schiavo
Legislator
Thank you. And I have to say, you have such a pleasant voice as the chair, this is the first time I've been in the Committee. So thank you so much. Madam Chair and Members, I am very happy to present AB 6464. And you may not know, but I co founded an organization addressing homelessness in the San Fernando Valley.
- Pilar Schiavo
Legislator
And what became now has the largest homeless outreach program in the West Valley, where I personally did a lot of outreach to encampments myself every Sunday for over a year. And the number one thing that people asked for after housing and food was an ID, was vital records, things that they needed to be able to get on their feet. And so AB 464 really is to address that need.
- Pilar Schiavo
Legislator
And given the burdens of living in such unstable circumstances, it can be really challenging to recover vital documents such as personal identification, driver's licenses and other paperwork when an individual is seeking employment, applying for services, or applying for rental. Housing identification documents of this sort are, in most cases a requirement. Estimates are more than 150,000 Californians are homeless, with 72% of those unsheltered and with the highest unsheltered population in the state.
- Pilar Schiavo
Legislator
AB 464 will reduce administrative barriers for low income individuals seeking employment, housing, health care and more. And it does so by exempting individuals, based on their qualifications for certain public assistance, from having to pay any fee otherwise required for copies of vital records or for a California State ID or driver's license and driver's license renewal.
- Pilar Schiavo
Legislator
Additionally, beginning on July 1, 2027, AB 464 exempts a person who is experiencing homelessness from paying a fee for a driver's license and would require the determinations of eligibility to be made by a governmental or nonprofit entity. Happy to share that this Bill has received bipartisan support on the Assembly side. And also, hopefully, we'll get the same here and looking forward to working together to make sure that we can help folks have the tools that they need to get on their feet.
- Susan Talamantes Eggman
Person
Thank you very much. Okay, anybody speaking in support of this Bill today, time to come forward.
- Unidentified Speaker
Person
David Bologna for 20 in support. Thank you. Thank you very much. David. Kim Lewis, representing a Spiranet in the California Coalition for Youth and Support.
- Susan Talamantes Eggman
Person
Thank you very much. Okay, we speak in opposition today. Relax.
- Rob Grossglauser
Person
Good afternoon, Madam Chair Members. Rob Grosscauser with the County Recorders Association of California. Respectfully, in opposition, we do agree with the intent of the Assembly Member as the custodians of California's vital records, access is absolutely important. Costs are expensive. We have tried. In fact, third time was the charm last session when we successfully were able to sponsor a Bill that would allow counties to start to look at issuing vital records via blockchain technology to reduce costs.
- Rob Grossglauser
Person
I will limit my testimony not to the fiscal concerns, though, but to the administrative ones, since this is the policy Committee. From an administrative perspective, there's a lot of questions in Assembly Bill 464, specifically when it comes to the issuance of the vital records, if there's a self certification type of process, it could result in some inequities I. E. Folks that shouldn't be eligible for free document attesting that they are.
- Rob Grossglauser
Person
And if the funding stream is limited, then those individuals seeking to access it later may not have access to it. If we switch from a self certification process to one that includes certifications, such as the documents articulated in the legislation, we may have some privacy concerns, including tracking and monitoring. Would they be subject to Pras? And we don't have systems currently in place to sort of collect information That's not in a public record sort of format. So it creates different administrative complexities there.
- Rob Grossglauser
Person
In addition, for a one per customer option, potentially from a tracking perspective, LA. County has multiple offices. How do we make sure that folks aren't jumping to offices to get more? Could be a question. As well as communicating with Department of Public Health that issues from a statewide perspective. When it comes to the appropriation, I think the language has upon appropriation, we as administrators don't know, do we stop issuing free vital records when the appropriation funds drop off? What if there's an appropriation in future years?
- Rob Grossglauser
Person
What should we be doing? We just want to know how to administer it for the public's expectation. Lastly, there's a policy question as to special funds. A lot of the vital records have special funds associated with them. We don't know if those funds were supposed to be impacted or not impacted. So from a collecting perspective and distributing back to the state, we don't know what to do. Again, really appreciate your time today and definitely agree with these Members intent.
- Rob Grossglauser
Person
And unfortunately, as administrators, we just are confused and not sure how to go about it. So we're respectfully, we're opposed. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Anybody else speaking in opposition today? Seeing none. We'll go to the phone lines. Any callers on this today?
- Rob Grossglauser
Person
Doesn't look like it, Madam Chair.
- Susan Talamantes Eggman
Person
Okay, thank you very much. Now would be the time. Now would be the time to bring it back to the Committee Members. The Bill has been moved, and would you like to close it? Would you like to respond to the opposition. Yeah. So happy to continue conversations. I know we've been having them. We feel like the Bill is pretty clear in terms of how you qualify. Clearly references the statute with the programs like CalFresh and things like that, which folks would have to qualify for.
- Susan Talamantes Eggman
Person
Obviously, we want to make sure that privacy is protected and so happy to continue conversations to address those concerns. And we know that in terms of appropriations, that there is an opportunity to seek reimbursements for state mandates. And so certainly support would support that and will support funding going forward as well in next budget year. So that's why we have the upon appropriation recommendation or request. So respectfully ask for your aye vote. Thank you. Thank you very much.
- Susan Talamantes Eggman
Person
We have a motion by Senator Wahab secretary, if you could please call the role. And again, that is motion is do pass and refer to the Committee on Transportation.
- Susan Talamantes Eggman
Person
Senators Eggman. Aye. Eggman. Aye. Min. Glazer. Aye. Glazer. Aye. Gonzalez, Grove. Pertado. Limon. Menjivar. Menjivar. Aye. Roth. Aye. Roth. Aye. Rubio. Wahab. Wahob. Aye. Wiener. Wiener? Aye. All right, keep that roll open for absent Members. Thank you very much. Mr. Lowenthal. Here today on Pandas and Pans, not the Bears, and does enjoy a motion of do pass as amended and re refer to the Committee on Appropriations, please. Thank you.
- Josh Lowenthal
Legislator
Madam Chair and Senators very 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 the treatment of pediatric autoimmune neuropsychiatric disorder associated with streptococcal infections or Pandas and pediatric acute onset neuropsychiatric syndrome or pans prescribed or ordered by a physician or surgeon. I'd like to begin by saying that we accept the amendments and want to thank the very thoughtful and thorough approach by Committee staff.
- Josh Lowenthal
Legislator
Pandas and pans are an inflammatory disease of the brain that result in sudden onset devastational, behavioral neurological dysfunction that usually occur after a triggering infection. 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.
- Josh Lowenthal
Legislator
Despite published Pandas and Pan's treatment guidelines that established the standard of care 6 years ago in 2017, insurers have continued to adhere to their own policy statements forbidding authorization of immune focused treatments like IVIG, and as a result, the treatments are routinely denied. Early and expedient access to the treatments is crucial to the effective treatments of Pandas and Pans in order to avoid the debilitating symptoms, potentially permanent neurological damage, and sometimes fatal outcomes associated with these disorders.
- Josh Lowenthal
Legislator
I'm joined today by a number of parents whose children have been affected by these debilitating syndromes, including April Renee, who will be testifying shortly, April's son and by the way they are residents of the 6th 9th Assembly District has been treating successfully with IVIG and was able to return to school and resume many of his normal activities. But coverage for his treatment was recently denied, and his pans has begun flaring again. This is unacceptable.
- Josh Lowenthal
Legislator
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. It is my pleasure to introduce April Renee and Dr. Tempeh Chen, who are here to testify in support of AB 907.
- April Renee
Person
April Renee. Hi, I'm April Renee. I'm a second grade school teacher and mom to a pans child. 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, consumed by OCD, hallucinations and extreme anxiety. He couldn't leave the house or play. He couldn't eat, sleep, or do any schoolwork. Four months later, Aidan was diagnosed with pans. He started antibiotics, and in days, we had our son back.
- April Renee
Person
Unfortunately, a simple flu at age 14 plunged him 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 in UCLA who prescribed IVIG, a standard treatment according to published guidelines. We were shocked when our insurance denied IVIG as not medically necessary. Two years into this horrible flare and still waiting for treatment, Aiden was hospitalized and finally got IVIG with immediate relief in all his symptoms.
- April Renee
Person
His doctor called his recovery miraculous and recommended another infusion to solidify gains. We were asked to document Aiden's improvement. I journaled as he began to eat, gaining weight, his joints stopped aching. He slept through the night. Anxiety, OCD and memory loss melted. My entire family started to heal, until we opened another denial letter, this time claiming IVIG as experimental. Without more medicine, our task of documenting Aiden's miraculous recovery turned into the heartbreak of documenting his decline.
- April Renee
Person
Months later, I got a letter saying IVIG was finally approved. By now, our son had unchecked brain inflammation for two years and three months. After a successful year of IVIG, Aidan was 80% healed. He returned to school and I to work until a recent denial plunged Aidan into pans yet again. The consequences of denials are tremendous. Families choose between paying bills and their children's health. Desperate, some sell homes. Some just lose their children forever. There's a brain bank at Georgetown to study kids like Max Wallace.
- April Renee
Person
Max killed himself the day before Christmas 2016, while waiting for treatment. He was just 13. Right now, 11 states have laws like AB 907. Meanwhile, California families can't access life saving medicine despite having two leading pans clinics, UCLA and Stanford. It's time for California to protect its children. I respectfully urge aye on AB 907. Thank you very much. Thank you, Doctor.
- Tempe Chen
Person
My name is Dr. Tempe Chen, and I'm a pediatric infectious disease physician at Miller Children's and Women's hospital in Long Beach treating pandas and pans where misguided autoimmune antibodies mistakenly attack a child's own brain. Overnight, the child develops severe neuropsychiatric symptoms that can destroy an entire family's ability to function. When treating pans. I follow the expert guidelines that are published by the NIH, Stanford, Harvard and other academic centers of excellence. These guidelines include intravenous immune globulin, or IVIG, as standard of care for more severe cases.
- Tempe Chen
Person
As supported by eight clinical trials to date. I've seen the dramatic recoveries from IVIG, yet every request for IVIG gets denied. Insurers shamelessly post their IVIG policies, claiming it's not medically necessary for pans. I've spent hours on the phone citing treatment guidelines to insurance representatives who haven't even seen or heard of a case of pans. I've sent in reams of appeals paperwork to no avail. The only way forward is to battle months of multilevel rote denials, then file a grievance with regulators like DMHC.
- Tempe Chen
Person
Most DMHC decisions favor patients. So why then do insurers deny this important treatment? According to ProPublica, Cigna estimates that only 5% of patients appeal, and insurers bank on families simply giving up. I am the only Doctor accepting pan's cases at my hospital. Most physicians can't stand months of facing desperately ill children and their families with their hands tied. They too have given up. I fear that insurance delays can permanently harm these developing brains. Only the most educated, persistent and wealthy families can get timely treatment.
- Tempe Chen
Person
Other kids end up in a locked psych ward or needing special education while their caregiver parents cannot work. This is so much more expensive to society than just treating promptly. AB 907 would address healthcare inequity and save California money by chaburp's estimates, which ignores societal cost. AB 907 would increase insurance premiums by 0.0016% less than $0.01. Allowing a family to rejoin productive society is absolutely priceless, and the choice is crystal clear to me.
- Unidentified Speaker
Person
Garrett Magayon on behalf of Miller Children and Women's Hospital, Long Beach in support. Thank you. Thank you. Madam Chair. Senators awwood Kadani with Langhans and Jerome Kadani, representing California children's hospital Association. Strong support. Thank you to the author.
- Tempe Chen
Person
11 states already have such laws and a dozen more introduced bills this year. California's situation will not improve without AB 907. Please help me heal these children by voting aye thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Anybody else speaking in support? Now's the time to come forward. Just name and affiliation. We'll assume you're speaking in support.
- Unidentified Speaker
Person
Thank you very much. Madam Chair, Members of the Committee, Brandon Marche with the California Medical Association want to thank the author for taking the amendments in print. We are in support. Thank you. Thank you. My name is Angela Tang. I'm a physician and mother of a.
- Unidentified Speaker
Person
Pan 's son who got better with IVIG. And strong support for all the children who don't have the advantages minded. Thank you Dr. My name is Sherry Strollson. On behalf of my 13 year old son, with severe pans and an advocate with the California Coalition of Pans Pans Advocacy. I strongly urge you to vote yes on AB 907. Thank you very much. My name is Carla SEVIS. I'm a pan's mom, speech language pathology assistant. I strongly support AB 97. I'm a Member of the California Coalition and my daughter's here today.
- Unidentified Speaker
Person
Thank you very much. I'm a panda survivor. My name is Mia Sevis and I strongly support this Bill. Thank you. Stephen Cutie on behalf of California Life Sciences in support. Thank you. Manuela Seves, father of Mia. I support Avian final seven. Thank you. Thank you very much. Okay, those speaking in opposition, now is the time to come forward. Health care plans.
- Jedd Hampton
Person
Good afternoon, Madam Chair and Members of the Committee. Jed Hampton with the California Association of Health Plans. Regrettably here in opposition AB 907. I first just want to start by and be remiss if I didn't acknowledge the supporters of the Bill and them coming here. Certainly want to acknowledge that this is a very sensitive and difficult and challenging issue. So I would be remiss if I didn't acknowledge that first. Regarding pans and Pandas, it is very challenging to definitively diagnose.
- Jedd Hampton
Person
There's not a specific diagnostic test to confirm a diagnosis for Pandas or pans. And generally, Clinicians use different diagnostic processes not only to confirm a diagnosis, but also rule out other conditions with similar symptoms such as OCD. Additionally, ICD 10 codes do not exist for Pandas under the definition of disorders involving immune mechanisms. But generally speaking, national billing codes do not exist to reimburse for these specific services currently, which makes it challenging, obviously, to reimburse for these types of services.
- Jedd Hampton
Person
Ultimately, we are concerned that this Bill would broadly require plans to cover all treatments for these conditions without meeting medical necessity criteria. It prohibits health plans from any limitations on the volume of treatments and adjusts the benefit design by limiting cost sharing on the copayment. So with these three things combined specifically around the removal of medical necessity, which is generally the standard by which we provide and improve services, that does tend to be the most concerning part of this Bill.
- Jedd Hampton
Person
From our Members perspective, we do acknowledge that this is a mandate. We would agree with the supporters that this is not one of the more costly mandates introduced this year. But again, our General concern is really around the removal of medical necessity for the diagnosis criteria of this Bill. So for those reasons, we are regrettably in opposition to the Bill. But again, I would like to thank the author and the sponsors and the supporters as well.
- Susan Talamantes Eggman
Person
Thank you very much. Okay, let's go to the phone lines at this point. There's any callers?
- John Wenger
Person
John Winger on behalf of America's health insurance plans would echo the comments of Cap.
- Unidentified Speaker
Person
Yes, for support opposition of AB 907, please press 1, then 0 at this time we'll go to line 448. 448, your line is open. No response from 448. One moment, please. 8 queue. Line 238. Elaine Castilian LA County registered nurse, friend, coworker, someone whose son has pans in support.
- Steffanie Watkins
Person
Thank you. Thank you, Stephanie. Stephanie Watkins on behalf of the Association of California Life and Health Insurance Companies, also opposed in the interest of time, I will align myself with my colleagues comments. Thank you.
- Unidentified Speaker
Person
And we'll go to line 192. Line 192, you're open? All right. No response from 192. We go to line 445. Hello, go ahead. Hello. My name is Allison Silva. My nephew has pans and needed IVIG treatment and I'd like to ask you to support AB 907.
- Unidentified Speaker
Person
We go to line 441. Just go ahead. Hello, this is Quentin Levec. On behalf of California Health Coalition advocacy in support. Thank you very much. Next caller, please. One moment, please. We'll go to line 438. Please go ahead.
- Unidentified Speaker
Person
Hi, this is Christina Rozoni from Los Angeles County and I'm calling to support AB 907. Thank you. Next caller, please. We go to line 434. Please go ahead. 434. Your line is open. A response from 434. We go to line 243, please go ahead.
- Unidentified Speaker
Person
Hi, my name is Jessica Bedgina LA. County school based occupational therapist and a mother of a daughter with pandas and strong support of Bill AB 907. Thank you. Thank you very much. Next caller, please. We go to line 426, please go ahead.
- Unidentified Speaker
Person
Hello. My name is Misty Barclay. I'm a parent of a child with pandas and an occupational therapist, and I support AB 907, please. Thank you. Next caller, please. And we'll go to line 214, please go ahead. 214. Hi. My name is Danny Renee. Long Beach, California. I'm a father of a pans child. Strongly support AB 907. Thank you.
- Unidentified Speaker
Person
Thank you. Next caller, please. Line 382. Go ahead. My name is Mercedes Sakala. I'm a grandmother of a child, and I support 897. Thank you very much. Next caller, please. Line 451, please go ahead. Line 451, you're open? No response in 451. Okay, let's go to line 440, please go ahead. Good afternoon. I'm Brian Acre. I live in Santa Clara. I'm the father of two children who suffered from pans for years, and I strongly urge you to approve this needed Bill AB 907. Thank you.
- Unidentified Speaker
Person
Thank you very much. Next caller, please. Line 449, please go ahead. My name is Pauline Miller. My brother has pans and needed life saving IVIG. Please support AB 907. Thank you very much. Next caller, please. Line 368. Hello. My name is Natalia Gary Owens. My son has pans, and I strongly support AB 907. Thank you. Thank you very much. Next caller, please.
- Unidentified Speaker
Person
Line 45. Two, please go ahead. Yes? My name is Margaret Norton. My family friend has pans and needed IVIG. I'm also an occupational therapist, and I strongly support AB 907. Thank you. Thank you. Line 447, please go ahead. I'm Carol Vulcan, and I'm the grandmother of a boy who has pans and needed IVIG. Please support AB 907. Thank you very much. Next caller, please.
- Unidentified Speaker
Person
Line 442, please go ahead. My name is Diana Pullman. My son is the first to receive IVIG in 2007, and we founded a nonprofit to get all of these children treatment. Thank you so much. IVIG works. Thank you very much. Thank you. Next caller, please. Line 213. Go ahead. Hi, my name is Jen hi, my name is Jen Jobart. I'm a parent of two kids with pans, and I strongly support AB 907. Thank you. Next caller, please. Line 439.
- Unidentified Speaker
Person
Hi, my name is Ashley Sakala, and I'm a mother of a child who has pans, and I strongly support AB 907. Thank you. Thank you. Next caller, please. Line 443. Yeah, hi, my name is Mike Leopardi, and I'm the father of a child with pans. I strongly support this Bill. Thank you. Next caller, please. Line 432.
- Unidentified Speaker
Person
Hi, my name is Denise Callisaya Switzerland. I'm the mother of two children with pans who are lucky enough to get IVIG treatment. I am also the principal investigator of the largest naturalistic study of pandas and pans treatment that's been performed in the country, and I strongly support IVIP treatment. And thank you very much. Next caller, please.
- Unidentified Speaker
Person
Madam Chair, no further comments in queue at this time.
- Lena Gonzalez
Legislator
Senator Wahab beat me to it. But I want to thank Assembly Member Lowenthal for bringing this forward. And I know so many of our residents in Long Beach are here, and I want to thank them for educating me on this issue, because I had not understood pans or pandas.
- Susan Talamantes Eggman
Person
Okay, thank you very much. We are bringing it back to the Committee now. Comments? Questions? Senator Wahab has moved the bell. Senator Gonzalez.
- Lena Gonzalez
Legislator
And being a mother of three boys, I can only understand as a parent, what that would be like if you did not really have answers. What you do have here in this great State of California is an incredible institution in Stanford who is doing this work and looking at ways in addition to this Bill to find ways that we can infuse more dollars into this research so we can help more children. So with that, I say thank you.
- Lena Gonzalez
Legislator
And I thank the Assembly Member for bringing this forward. Thank you, Senator. Anybody else seeing? None. Would you like to close?
- Josh Lowenthal
Legislator
Assembly Member first of all. Thank you, Madam Chair. We truly appreciate the consideration today. I want to point out that through inaction, we're paying anyway. You heard very briefly from some of the families about the financial hardship, the difficulties that these families are exhibiting because the rapid decline these children are experiencing. I can tell you, as a single dad of three girls, I have a daughter who was hospitalized at Miller's Children this past week and there for a few days. And I left the Legislature.
- Josh Lowenthal
Legislator
I left to go down to be with my family. The families that have children that are experiencing pans and pandas cannot work. They have to be with their kids. They have a need to rely upon the social safety net that we provide in the State of California and we are paying by not providing those service. I also want to reiterate what was stated also by some of the people providing testimony. 11 states have adopted two this year. A dozen more have it in process.
- Josh Lowenthal
Legislator
And finally would like to say that this enjoyed unanimous support in the Health Committee on the Assembly side as well as the Assembly body itself. I respectfully ask for your aye vote.
- Susan Talamantes Eggman
Person
Thank you very much. That motion is do pass and rerefer to the Committee on Amended as amended. Okay, Secretary, please call the roll. Senators Eggman aye. Eggman. Aye Min. Aye. Min. Aye Glazer. Aye. Glazer. Aye Gonzalez. Gonzalez. Aye Grove. Hurtado. Limon. Limon. Aye Menjivar. Menjivar Aye Roth. Roth. Aye Rubio. Wahab. Wahab. Aye Wiener. Thank you very much. We'll hold the roll open. Thank you. And while Senator Conley has been here for a while, Assembly Member Kalra is up next.
- Susan Talamantes Eggman
Person
Followed by Assembly Member Conley and then Assembly Member Ortega.
- Ash Kalra
Legislator
Thank you, Madam Chair. AB 486 moves the regulatory appeal process for Class AA and A appeals out of court and into an independent administrative hearing overseen by an Administrative Law Judge. Currently, nursing homes and long term care facilities licensed by the Department of Public Health have the unusual and singular privilege to file a citation appeal for the most serious violations that involve harm or death of a resident in their local Superior Court.
- Ash Kalra
Legislator
However, our Superior Court system is overburdened and facilities can also draw this process out for several years to reduce or overturn citations and avoid accountability. Fortunately, there is a well established administrative law process that can absorb and adjudicate these appeals. This out-of-court process is less expensive, more time efficient, and consistent with other licensing appeals that are also usually handled by Administrative Law Judge or Regulatory Appeals Board.
- Ash Kalra
Legislator
By making this long overdue change, AB 486 allows our state regulators to more effectively hold negligent facilities accountable, so quality care for future residents can be improved. Under this bill, facilities retain their due process rights and would still be allowed to file a writ of mandate for judicial review of the factual and evidentiary record from the hearing to determine if the process was fair. The vast majority of appeals settle when the parties are compelled to come together and exchange information.
- Ash Kalra
Legislator
In fact, CDPH told us that only three Class B appeals using the administrative law process in the last five years have actually needed to be set for a hearing. AB 486 is informed by this experience and our expectation is a streamlined process benefits all parties. Nursing homes receive substantial state funding to care for some of our most vulnerable residents, and in exchange, we should expect quality care.
- Ash Kalra
Legislator
Unfortunately, our current system makes it very difficult to hold negligent actors accountable, and AB 486 is a balanced fix in that system. With me to offer testimony in support is Sawait Seyoum, Disability Rights California, and Charles Antonen, Supervising Deputy Attorney General in the Health, Education, and Welfare section at the California Department of Justice.
- Susan Talamantes Eggman
Person
Thank you very much. Next person, please.
- Sawait Seyoum
Person
Good afternoon, Madam Chair and Members. My name is Sawait Seyoum, and I'm here on behalf of Disability Rights California, and we are the sponsors of this bill. As the California's designated protection and advocacy agency, the care and treatment of skilled nursing facility residents is a top priority for us. Our staff go inside regularly to these facilities to investigate abuse and neglect and monitor the well being of residents.
- Sawait Seyoum
Person
From our decades of experience, we have concluded that robust oversight and regulation is essential to protect the most vulnerable. And we believe the current system allowing nursing facilities to drag out the appeals process for serious violations leading to death or the probability of death gravely compromises this oversight. DRC investigated and analyzed hundreds of Class A and AA citations issued when a facility's violation causes death or substantial probability of death of a resident.
- Sawait Seyoum
Person
We did find many instances where a facility received a lower citation despite serious negligence. As an example, a resident receiving 50 milligrams of morphine instead of five milligrams, a resident who used portable oxygen burning to death after smoking unsupervised, and finally, a resident bleeding to death from multiple untreated pressure sores. This happens far too often and erodes public trust in our regulatory system designed to hold bad actors accountable so care can be improved.
- Sawait Seyoum
Person
AB 486 would move the appeals process where it belongs an independent administrative body that oversees the regulatory process. In closing, AB 486 provides a solution that ensures everyone's due process rights but brings things into alignment with how things are done for other facilities and providers. It keeps the appeals process before the Administrative Law Judge, who really have the expertise to handle regulatory appeals. We urge your aye vote. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Next person in support, please.
- Charles Antonen
Person
Good afternoon. My name is Charles Antonen, and I'm a Supervising Deputy Attorney General in the Health, Education and Welfare section at the California Department of Justice. I'm here on behalf of Attorney General Rob Bonta who is proud to support AB 486 and thanks Assembly Member Kalra for carrying this important piece of legislation. In the Health, Education and Welfare section, we defend any challenge to citations issued by the California Department of Public Health to skilled nursing facilities.
- Charles Antonen
Person
In my career at the Department, I have litigated approximately 50 of these cases and tried five to verdict. In the direct-to-court process for challenging nursing home citation, it is an outlier both nationally and within California's own jurisprudence. Only three other states use this direct-to-court process, and most licensing schemes in California start with an administrative adjudication. An administrative process will save court resources.
- Charles Antonen
Person
It's going to offer resolutions in a more timely and efficient manner and ultimately be in the interests of patients, consumers, and regulators. Bad actors are the only entities that benefit from the current lengthy, cumbersome process. To ensure patient regulations are upheld, due process is protected under AB 486, because at the end of the day, the skilled nursing facility may file a writ of administrative mandate if there is an underlying error in the decision or it is in any other way dissatisfied with the outcome.
- Charles Antonen
Person
Moreover, administrative hearings are the most common way a factual record is developed. In a licensing dispute, both sides get the opportunity to introduce evidence, call witnesses, cross examine witnesses, and make arguments to a neutral fact finder. For these reasons, the Attorney General supports AB 486 and respectfully asks for your aye vote today.
- Susan Talamantes Eggman
Person
Thank you very much. Other speaking of support now it has come forward. Name and affiliation? Seeing none. Opposition?
- Shane Lavigne
Person
Good afternoon, Madam Chair and Members, Mr. Kalra. Shane La Vigne with Capitol Advocacy on behalf of the Association of Health Facilities. AB 486 simply furthers the systematic deconstruction and erosion of our facilities' due process rights to defend themselves against the most egregious of allegations. AB 486 builds on last year's AB 323 for Mr. Kalra. AB 323 changed the legal causation standard in A and AA cases from proximate cause to substantial factor and heightened the fines for these citations.
- Shane Lavigne
Person
AB 486 goes another step and removes our appeal of these citations from Superior Court and puts them into an administrative law setting and fast tracks these cases in a way that doesn't allow our facilities to adequately look at and seek evidence or depose witnesses. The cases we are talking about here are akin to medical malpractice cases, typically in their level of complexity.
- Shane Lavigne
Person
Over the course of many decades, the use of depositions in written discovery has brought to light significant inconsistencies and contradictions within the various interviews and factual investigations conducted by CDPH surveyors in individual citation appeals and the outright rejection of exculpatory facts by surveyors. In addition, the deposition of the physician experts utilized by CDPH have uncovered serious issues with the professional experience required to qualify as an expert under established evidentiary standards. The use of depositions and standard written discovery is essential in these cases.
- Shane Lavigne
Person
If there are factual discrepancies or other serious questions about the citations cited, this is a critical element for all parties to consider before proceeding to trial. In these circumstances, settlement is often the right conclusion for the parties. In cases that would otherwise settle, ironically, despite what the sponsors say, AB 486 will only operate to cause every citation appeal to go to a full blown administrative hearing. This would reflect an enormous waste of resources.
- Shane Lavigne
Person
If we're truly interested in shortening the time frame to move these cases, then let's look at what we did in reforming the time in the Superior Court process a few years ago with SB 1065 by then Senator Monning. But to remove these cases entirely from the Superior and not entirely and remove these cases entirely from the Superior Court process. We're very open to working with the author and the sponsors to reach a mutual agreement and hope we can do so. Until then, and for these reasons, we ask for a no vote. And with me today is Scott Kiepen, an attorney at Hooper and Lundy and Bookman. Thank you.
- Susan Talamantes Eggman
Person
Thank you.
- Scott Kiepen
Person
Good afternoon, Madam Chair and Members, Mr. Kalra. My name is Scott Kiepen. I'm a partner at Hooper, Lundy and Bookman in San Francisco. Our firm is the largest firm in the country dedicated solely to representing healthcare providers. In this instance, I've been an attorney for 28 years and had the pleasure of, and really, quite frankly, the honor of representing skilled nursing facilities in numerous defenses of Class B citations, as well as Class A citations and Class AA citations.
- Scott Kiepen
Person
As well as also representing providers in the process referred to as the writ of administrative mandamus under California Code of Civil Procedure section 1094.5. The biggest concern with AB 486 is the threat to skilled nursing providers' due process rights. Simply put, despite the contrary from the proponents, the administrative system for the less complex B citations is just not designed to address the complex issues that exist in Class A and Class AA citations, which require the full discovery processes, such as depositions and document requests.
- Scott Kiepen
Person
The Class A and Class AA citations bring forward serious charges in cases that are similar in many respects to medical malpractice cases. So in those contexts, it involves testimony from numerous witnesses, oftentimes physicians, as well as other clinicians and the like. And it requires a full, extensive opportunity to depose these types of individuals as well as the factual witnesses, which often represents surveyors from the Department of Public Health, as well as the medical experts retained by the Department of Public Health.
- Scott Kiepen
Person
I can say personally, in my own experience, having done this now for approximately 28 years, in many instances we have revealed factual inaccuracies, issues with regard to opinions and judgments that were not supported in any way by the facts or by the law or by the science. And under the circumstances, these issues only came to light through the extensive discovery and the opportunity to cross examine these individuals, not just necessarily at the time of trial, but also through depositions.
- Scott Kiepen
Person
And then, quite frankly, that led to the opportunity for the parties to discuss settlement in a meaningful and engaging way. In my personal experience, it's only at the time when the Department of Public Health, as well as the provider, after having had the full opportunity to evaluate the facts through a full discovery that's provided for in the current system through the Superior Court. That's what lends itself to settlement, and that's also what lends itself to a saving of resources. Under the circumstances, we would again, for everything that Mr. La Vigne just said, we would encourage a no vote.
- Susan Talamantes Eggman
Person
Thank you. Other speaking in opposition, now, just name and affiliation.
- Darby Kernan
Person
Hi. Darby Kernan on behalf of Leading Age California in opposition.
- Susan Talamantes Eggman
Person
Thank you.
- Karen Lange
Person
Good afternoon, Karen Lange on behalf of the City and County of San Francisco, they were opposed unless amended. I think we're almost there, so we're hoping officially to be neutral. I apologize for going over the limit.
- Susan Talamantes Eggman
Person
Thank you, Karen Lange. Let's go to the phone lines.
- Committee Secretary
Person
Madam Chair, we have no one in the queue at this time.
- Susan Talamantes Eggman
Person
Okay, thank you very much. We'll bring it back to the Committee, and I will just say I always have a lot of sympathy for the facilities. It's a hard job that they have to do. But I also don't think dragging things out in court we're talking about vulnerable folks who are either dead or injured and to have to continue to fight in court doesn't seem to be the right way to go. I think the facilities are always going to be able to hire expensive attorneys, and I think the AG's Department is equipped to do it. Senator Roth.
- Richard Roth
Person
Thank you, Madam Chair. I'm just curious in this proceeding, this ALJ proceeding, I don't, frankly, remember. I've been up here too long. Is discovery not permitted in the ALJ process, including some level of deposition taking and interrogatories, request for production of documents?
- Ash Kalra
Legislator
So in an administrative hearing, they can't allow for depositions under Government Code 11511. It is at the discretion of the Administrative Law Judge, and the Administrative Law Judges also know that, obviously, given the nature of these cases, they are more complex than Class B. However, even under the setup that this would put forth, facilities that are dissatisfied with the administrative hearing process may file a 1094.5 writ in a Superior Court that will review the factual and evidentiary record from the hearing to determine if the process was fair. And so the writ could also permit additional evidence.
- Ash Kalra
Legislator
So if it is new evidence that's in the exercise of reasonable diligence, could not have been produced or that was improperly excluded at the hearing, bottom line, there is a check on that. There's checks on the Administrative Law Judge that they are very aware of. So, especially if a case is more complex, they can certainly allow for depositions under the discretion of the Administrative Law Judge.
- Ash Kalra
Legislator
And just to note, California is unusual in its requirement that nursing home sue in civil courts to overturn citations and fines. Other states have state regulators or administrative judges handling these appeals. And so we're trying to conform with what other states already do, both for efficiency's sake, but also to ensure that the victims aren't put forth in a multi-year process where they don't have the attorneys or the resources to be able to withstand what some of these facilities can.
- Richard Roth
Person
Well, it seems to me that ALJs around California hear complex matters every day and certainly must be accustomed to granting reasonable requests for discovery. You raised the review issue, so my follow up question is, is the review of the ALJ's decision a De novo review, which is a complete review of the record and the testimony, as opposed to the administrative writ standard of substantial evidence?
- Ash Kalra
Legislator
If our friend from the Lawyer General's Office can help with that one, since he's handled many of these cases.
- Charles Antonen
Person
It would be under the abusive discretion standard under 1094.5.
- Richard Roth
Person
Well, the problem with the substantial evidence abusive, as you know, abusive discretion standard, if I understand it, if I remember it, which is a long time ago, is the court looks to see if there's any relevant evidence to support the decision and does not weigh or balance the evidence that's presented. Is that correct?
- Charles Antonen
Person
It depends on how you are framing the abuse of discretion.
- Richard Roth
Person
But, I mean, there's the other standard of writ of review. Right? Which is there's no...
- Charles Antonen
Person
1085, correct. Under writ practice, it is typically the abuse of discretion. However, it depends how it's phrased. For example, if the ALJ proceeded not in accordance with the law, it can get very complicated.
- Richard Roth
Person
Well, this isn't a Judiciary Committee, so I'm not going to belabor that. But if the standard is substantial evidence, which is a limited review and enables the court to quit looking at it, if the court finds any relevant evidence to support the ALJ's decision, then I can understand why people are up here objecting, because that's no review at all, for the most part. But if it's De novo review, then that makes sense. So I'm sure, you are an extraordinary author, and I'm sure you'll take a look at that, sir, as you move forward. I'll be supporting the bill. Thank you, Madam Chair.
- Susan Talamantes Eggman
Person
Thank you. And it does go to the Committee on Judiciary next. Okay. Seeing no other people wanting to speak, would you like to close?
- Ash Kalra
Legislator
Thank you, Madam Chair. And as you noted, Chair, if it does make it through, this Committee would be going to the Judiciary Committee for further analysis and questions as well. Our friend from San Francisco wasn't here when it was mentioned, but we are working with the City and County of San Francisco to resolve some of the issues.
- Scott Wiener
Legislator
I'm aware of that. I'm very appreciative of you doing that.
- Ash Kalra
Legislator
Thank you. Respectfully ask for an aye vote.
- Susan Talamantes Eggman
Person
Thank you very much. And the motion is do pass, and re-refer to the Committee on Judiciary. Chair voting aye. Secretary?
- Committee Secretary
Person
Senators Eggman? Aye. Eggman, aye. Nguyen? Glazer? Gonzalez? Grove? Hurtado? Limon? Limon, aye. Menjivar? Roth? Roth, aye. Rubio? Wahab? Wiener? Wiener, aye.
- Susan Talamantes Eggman
Person
Okay. We'll hold that open for absent Members. Thank you. The patient, Mr. Connolly. AB 620. The motion is do pass and re-refer to the Committee on Appropriations. We're talking about health care coverage for metabolic disorders.
- Damon Connolly
Legislator
We are. And thank you, Madam Chair and Members. Good afternoon. AB 620 would require private health plans to cover medical nutrition therapy. Medical nutrition therapy in the form of nutritional formulas can be a successful alternative to a medication treatment for several diseases, including Crohn's disease. While the Bill applies to all patients, 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.
- Damon Connolly
Legislator
Additionally, patients with intestinal bowel disease, or, as we'll say, IBD, specifically Crohn's disease, can utilize medically necessary formulas for nutritional support to help them achieve remission. Inherited metabolic disorders and digestive diseases, including IBD, affect 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
- Damon Connolly
Legislator
by expanding health insurance coverage to medically necessary foods, which have proven to reduce symptoms and improve quality of life. This measure has received bipartisan support, and I will now pass it off with your permission to Ryan Spencer, who represents the bill's sponsor, the Crohn's and Kaleidis Foundation.
- Susan Talamantes Eggman
Person
Mr. Spencer.
- Ryan Spencer
Person
Thank you, Madam Chair Ryan Spencer. On behalf of the Crohn's and Klitis Foundation, sponsors of AB 620, I'll just piggyback on the Assembly Members statement and just make a few additional comments. Current law actually already requires health plans to cover medical nutrition for PKU patients. That's patients who can't metabolize the amino acid phenylalanine.
- Ryan Spencer
Person
This bill simply expands that existing requirement to medical nutrition that applies for individuals with digestive disorders or inherent metabolic disorders, as the SIM Member mentioned, particularly Crohn's disease. When it comes to digestive diseases, access to this treatment option is significant, particularly for pediatric patients. As the Assembly Member noted. There's a couple reasons as to why this is important. Number one is there's a limited supply of medication that exists for Crohn's disease patients.
- Ryan Spencer
Person
And so for pediatric patients to start a treatment of medications so early, it eliminates options in the future for them. Science and clinical studies have shown how significant medical nutrition and specifically, we're talking about liquid formulas that pediatric patients are able to utilize and stay stable in remission and get to a point where they don't have to take medications. Additionally, the biologics are not approved for children under age of 18, so be taken off label.
- Ryan Spencer
Person
And the obvious one is medications of side effects. So if you're on something as mild as the nutritional formula, a liquid formula, it avoids you from getting on a harsher medication until you're at later age. Jaburb analysis listed the cost of this. The overall premium is 0.2%. That breaks down to fifteen cents per individual. I would even contest that that's a little too high, because the issue we're really dealing with right now is using a cheaper alternative to a more expensive biologic.
- Ryan Spencer
Person
And ironically, patients actually forego taking medical nutrition because it is not covered. But biologics are. They could do a $10 copay to get a biologic, or they can pay hundreds of dollars for these formulas. So it just makes sense to get this covered. Medical actually covers nutritional formulas. Internal nutrition just makes sense for private plans to do the same. Thank you for your time and ask for your aye vote.
- Susan Talamantes Eggman
Person
Thank you very much. Anybody else speaking in support today? Now it's time to come forward. Named affiliation... seeing none. People speaking in opposition? Oh, I think we have another support saying sorry, trying to get up.
- Kelly Brooks-Lindsey
Person
Kelly Brooks on behalf of the Los Angeles County Board of Supervisors here in Support. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Okay, opposition. Come on up.
- Robert Boykin
Person
Good afternoon, chair and Members of the Committee. Robert Boykin with the California Association 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 California Health Benefits Review Program, the annual health care premium will increase by 24 million for all Californians. Keep in mind, AB 620 is one of 21 mandate bills this year that, when taken collectively, are set to increase annual premium costs by more than 1 billion.
- Robert Boykin
Person
Each one of the mandate bills, while well intended, will only increase costs and make health care less affordable for everyone. Thank you for your time today. Respectfully ask for no vote.
- Steffanie Watkins
Person
Thank you, Stephanie. Stephanie Watkins on behalf of the Association of California Life and Health Insurance Companies. First, I'd like to thank the author and sponsor as well. We've had some really good, productive conversations. I think we're looking to a potential pathway forward, especially to the degree that the Bill looks at just formula based nutritional options. So with that being said, we still are opposed, but we look forward to further conversations. Thank you.
- John Wenger
Person
Thank you. Mr. Wenger, John Wenger, on behalf of America's Health Insurance Plans to just echo the comments on the cumulative impact of the mandates this year.
- Susan Talamantes Eggman
Person
Thank you. And I will say I am very sympathetic to the cumulative, but then how do you say no? You people starve. No, you don't get just they're hard to say no to individually. But I do understand the overall impact it has and I mean, we need to continue to work on our health care system. We got ourselves a little mess. So others wanting to speak on this Bill. Okay. Selling Member zero, let's go to the phones. Let's go to the phones. Phone lines.
- Unidentified Speaker
Person
And ladies and gentlemen, if you wish to show support or opposition of AB 620, press one, then zero. Now again, one, then zero. There is no one in the queue at the moment. Okay, you're welcome in the queue. Would you like to close?
- Damon Connolly
Legislator
Yeah, I appreciate the opportunity and respectfully ask for an aye vote.
- Susan Talamantes Eggman
Person
Okay. And it sounds like you're continuing to work with opposition.
- Damon Connolly
Legislator
Absolutely. And we can debate the cost, you know, you heard from Mr. Spencer about what we believe to be a fairly nominal cost and cost savings in terms of potentially avoiding more expensive medication.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
I'm worried we're going to run out. Keep giving it all away...but it's also for another day.
- Unidentified Speaker
Person
Don't worry, we won't give it all away.
- Susan Talamantes Eggman
Person
All right. We are. Sporting events, schools, everybody's got it?
- Unidentified Speaker
Person
We need it.
- Susan Talamantes Eggman
Person
Okay.
- Unidentified Speaker
Person
Why I'm here.
- Susan Talamantes Eggman
Person
All right, take it away.
- Liz Ortega
Legislator
Madam Chair, Members thanks for the opportunity to present AB 1060 today, addressing the fentanyl crisis that we're all in. Been hearing about this since I arrived to the Legislature. Thousands of people are dying during the pandemic, our morgues were filled with people dying from COVID. Currently, they're dying because of fentanyl poisoning. And so in order to address this, I did want to make Narcan more available.
- Liz Ortega
Legislator
When the FDA announced that they were going to make Narcan available over the counter, there was two things that stood out to me. One was "Great, we clearly need it, more people need to access it". The problem is the price. Currently, it can be anywhere between $50 to $100, depending on how much you need.
- Liz Ortega
Legislator
And that's why I decided to come up with 1060 and introduced it several months ago, in which private insurance and medical will cover the cost of over the counter narcan. Now, before I go further and introduce some of my witnesses, I do want to address an email I received earlier today. It's an email from the California Association of Health plans. When I first introduced this Bill six months ago, they reached out and they said we might have some amendments, we'll reach out if we do.
- Liz Ortega
Legislator
Never heard back from them again, until this afternoon, a few hours ago in fact. And the email said we plan on showing up in Committee today with a changed position of opposed unless amended. They've given me less than 7 hours. In this Legislature, we have to have bills in print for up to three days before we can do anything about it. They expect me to come in here and have a decision on amendments that they gave me less than 7 hours to look at.
- Liz Ortega
Legislator
That is not okay. I find it extremely disrespectful, not just to me, but to the Committee, the consultants, my staff, and the family that is here today to talk about the need for this Bill. I hope that moving forward, they understand that I am more than happy to have those conversations. I've worked with other opponents in other bills, happy to have that discussion. In fact, I introduced my own amendments to this Bill because it's so important to me.
- Liz Ortega
Legislator
And I've learned through the process of going through the different hearings and getting bipartisan support up until today. So again, I hope the opponents recognize that this is not the way to work with my office. Happy to meet with them moving forward, but I will not be bullied into taking amendments 3 hours before a Committee. With that, I would like to bring up one of the mothers who is here today to testify. Her name is Marika Cole, mother of Marie Cole.
- Susan Talamantes Eggman
Person
Welcome, ma'am.
- Marika Cole
Person
Hi. I'm a little bit nervous. My name is Marika Cole, and I'm here to ask you to support AB 1060 and to share my story to illustrate why it's so important. This is my son, Merrick he was 25 years old when we lost him. He loved skateboarding. He had autism, and he really didn't talk a lot, but he was incredibly bright. He was a polyglot, and he knew five languages. He could read and write Russian fluently.
- Marika Cole
Person
He could speak Spanish and he knew American Sign Language. He loved playing video games. When he was playing, I could hear him speaking other languages, and I couldn't even tell you what they were. But he didn't really socialize very well and was way too trusting. We had conservatorship for him, and I was his conservator. When you have autism, you want to make friends. One day, a group of Merrick's friends gave him a drink to take home and told him just to relax because he was upset.
- Marika Cole
Person
He came home that day, and I decided to go to the store to get him some slippers. I was gone for about 45 minutes, and when I came back, I found him unresponsive. I live in a community where there are homeless people, so I had two doses of naloxone. It's all I could afford, but I only had two. It was just too expensive for me to have more. So I tried giving him both the doses because I thought maybe it's fentanyl.
- Marika Cole
Person
It was something that was going around, and it didn't work. I administered CPR and I called 911, and the paramedics came fast, and they gave him an IV of naloxone, but it wasn't enough. The autopsy later found that it was fentanyl and carfentanyl, so the dosage was just not enough. For those of you who don't know, carfentanyl is 100 times more potent than fentanyl. Since then, I've done a lot of research and learned that naloxone can save lives.
- Marika Cole
Person
I've seen it happen with Sackfire, and it does save lives at the right dosage and at the right time. If it had been more affordable, I would have had more. There's no doubt. I would have had more, and my son might still be alive today. We need naloxone to be made affordable and available to everyone, not just in schools with paramedics and our Police Department, but other public places. And people need to carry it around and be familiar with it and be ready to use it.
- Marika Cole
Person
They need to know how to use it. Fentanyl is a poison, and it will kill. There's no doubt, you can't put a price on lives. We need to provide parents, caregivers, everybody with this tool so more lives can be saved. I ask the Committee today to please vote yes on AB 1060 and help save more lives. And maybe parents like me could have some more on hand in case of an emergency. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. We're very sorry for your loss. Okay, other speaking and support.
- Liz Ortega
Legislator
Yes, I also have Dr. Neal Mehra who specializes in addiction medicine.
- Susan Talamantes Eggman
Person
Thank you, Doctor.
- Neal Mehra
Person
Hello, I'm Dr. Neal Mehra, and it's honor to speak to you on the behalf of the California Society of Addiction Medicine. I specialize in addiction medicine. I'm a medical Director of two prominent nonprofit comprehensive treatment programs in Sacramento. We treat both patients that have opioid addiction as well as patients that do not have addiction but need help taking opioids more safely. When we think of overdose, one often equates this with people who with addiction.
- Neal Mehra
Person
However, it's exceedingly more common that people without addiction are unknowingly exposed to high potency synthetic opioids such as fentanyl. As noted in your reports, bystanders are present but unable to provide life saving measures. That led to approximately 3300 unnecessary deaths in California just in 2021. That could have simply been prevented if the bystander had access to opioid reversal agents. This is a critical reason why everyone needs access to opioid reversal agents.
- Neal Mehra
Person
While opioid addiction is very prevalent, now is an unprecedented time when people without addiction are unknowingly and unwillingly exposed to high-potency and lethal synthetic opioids such as fentanyl and analogues such as carfentanyl. The first illustrative example are children and young adults that are not addicted but may be experimenting with drugs 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, these illicit pills arrive and have variable amounts of fentanyl that is 100 times more potent than morphine or car fentanyl that is 10,000 more times more potent than morphine. This has led to the phenomena where one pill can kill, and this could be perhaps the first pill they try.
- Neal Mehra
Person
Having any access or cost barriers to opioid reversal agents would deter and make it even more unlikely that parents, friends, and others would not prioritize obtaining it and thus not be prepared in case of a fatal overdose. 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 higher levels of pain.
- Neal Mehra
Person
These patients depend on opioids but are not necessarily addicted. They are reluctantly resorting to buying pills off the streets. Again, many of these people unknowingly are buying fake pain pills that are potentially lethal that contain potentially lethal doses of fentanyl.
- Susan Talamantes Eggman
Person
Doctor, you need to wrap up.
- Neal Mehra
Person
Okay. With greater access to opioid reversal agents and standard coverage by insurance, it is estimated this Bill could save approximately 4700 lives. It can also potentially reduce some of the costs related to EMS response and ER visits, since some of these people may not need to.
- Susan Talamantes Eggman
Person
Okay, thank you. Thank you. Others speaking in support at this time. Just name and affiliation, please.
- Tiffany Matthews
Person
Tiffany Matthews on behalf of Attorney General Rob Bonta in support.
- Yereli Magayon
Person
Yereli Magayon on behalf of Alameda County in support.
- Susan Talamantes Eggman
Person
Thank you.
- Betsy Armstrong
Person
Betsy Armstrong with the County Health Executives Association representing local health departments in support.
- Susan Talamantes Eggman
Person
Thank you.
- Megan Subers
Person
Meagan Subers, on behalf of the California Professional Firefighters in support. Thank you.
- Susan Talamantes Eggman
Person
Thank you.
- Tiyesha Watts
Person
Tiyesha Watts with the California Academy of Family Physicians in support.
- Susan Talamantes Eggman
Person
Thank you.
- Lisa Gardiner
Person
Lisa Gardiner with the county behavioral health directors in support.
- Susan Talamantes Eggman
Person
Thank you.
- Sherry Daley
Person
Sherry Daley with the California Consortium of Addiction Programs and Professionals in support.
- Susan Talamantes Eggman
Person
Thank You.
- Raul Ramirez
Person
Andres Ramirez, on behalf of the City of Soledad in support.
- Susan Talamantes Eggman
Person
Thank you.
- Brian Ricks
Person
Brian Ricks with the Los Angeles Unified School District in support.
- Susan Talamantes Eggman
Person
Thank you.
- John Drebinger Iii
Person
John Drebinger with the California Council of Community Behavioral Health Agencies in support.
- Susan Talamantes Eggman
Person
Thank you. Thank you very much. Okay, now's the time for opposition.
- Robert Boykin
Person
Good afternoon, Chair, Members of the Committee. Robert Boykin with the California Association of Health Plans here with the changed position of opposition to opposed unless amended on AB 1060. The sender of the email earlier and I apologize, we simply hoped sending these amendments would help open a dialogue. Large coalition trying to get consensus on amendments is fairly difficult. I apologize. My intent was not to be bullying at all.
- Susan Talamantes Eggman
Person
And if I can understand you had an oppose and you want to go to oppose unless amendment okay.
- Robert Boykin
Person
Yes, exactly. So we respect and understand the intent of the Bill. Our amendments seek clarity in which types of mark can and allows plans to have some guardrails for quantity limits. We know the author has not yet had the time to look over our amendments, but we do look forward to working with the author to help reach a mutual agreement. Thank you for your time and consideration today.
- Susan Talamantes Eggman
Person
Thank you very much.
- Steffanie Watkins
Person
Stephanie Watkins, on behalf of the Association of California Life and Health Insurance Companies. We too would like to apologize. The intent was not to actually bring up the conversation today in this hearing, but rather to let them and the author and sponsors know we had changed our position and that we would like to create an open dialogue and conversations moving forward. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much.
- John Wenger
Person
John Winger, on behalf of America's Health Insurance Plans. Echo the comments of Cap and Acolyte.
- Susan Talamantes Eggman
Person
Okay, thank you very much. Other people just wanting to voice opposition. Now's the time to come forward. Seeing none, we'll go to the phone lines.
- Committee Secretary
Person
And ladies and gentlemen, if you wish to show support or opposition of AB 1060, please press one, then zero. Now, again 10. We'll go to the line of 459, please go ahead.
- Linda Nguy
Person
Good afternoon, Linda Nguy with Western Center on Law and Poverty in support.
- Susan Talamantes Eggman
Person
Thank you very much.
- Susan Talamantes Eggman
Person
Any others?
- Unidentified Speaker
Person
Line 203, please go ahead.
- Unidentified Speaker
Person
Yes, this is John in San Bernardino County. I support.
- Susan Talamantes Eggman
Person
Thank you, John.
- Unidentified Speaker
Person
And at this time, there's no one else in the queue.
- Susan Talamantes Eggman
Person
Okay, thank you very much. Now is the time we'll bring it back to Committee Members. Questions? Comments? Senator Grove?
- Shannon Grove
Legislator
Thank you. Thank you, Madam Chair. I apologize. Bouncing back and forth from different committees. I applaud the author for getting something through to address the Fentanyl issue. It's been a very difficult task for everybody, Democrat and Republican, in this building. So thank you very much for being able to get your Bill off of your floor onto our side.
- Shannon Grove
Legislator
And you are one of the very few individuals that bring something to this Health Committee that doesn't just require the plans to do it, but you're requiring Medi-Cal to do it as well. And the reason why I thank you for that is because oftentimes the state says, no, we can't afford that, and then our poorest populations don't have access to the same benefits that if you were able to pay $1,000 a month for a health plan.
- Shannon Grove
Legislator
So I appreciate you doing that and including that. I hope you don't take an amendment to amend that out anytime in the future and you stand strong because I think that's very important. Again, it's not just a mandate on the plans--it's making sure that our poorest population and my district has almost 70% of the Medi-Cal population in the Central Valley. So thank you for that, and at the appropriate time, I'll move the Bill.
- Susan Talamantes Eggman
Person
Thank you, Senator Grove. Anybody else? Vicin okay. Thank you, Assemblymember, for bringing this forward. It sounds like you're going to be hopefully working with the opposition and getting them to a place of non-opposition. Sounds like there's a path for that. And you had a motion by Senator Grove, which is amazing, and that is do pass and re-refer to the Committee on Appropriations. Would you like to close?
- Liz Ortega
Legislator
Respectfully ask for your I vote.
- Susan Talamantes Eggman
Person
Thank you very much. It's a big day. Secretary, please call the roll.
- Committee Secretary
Person
Senators. [Roll Call]
- Susan Talamantes Eggman
Person
That is five, we'll hold that roll open for absent members. Thank you very much for coming before us today Assembly Member.
- Liz Ortega
Legislator
Thank you. Thank you.
- Susan Talamantes Eggman
Person
And I understand Assembly Member Bennett has asked Mr. Muratsuchi if he can jump the line. Okay, senator, you're going to be over here and I am going to ask Senator Benjamar.
- Steve Bennett
Legislator
Thank you, Madam Chair and Members. And I want to thank Assembly Member Muratsuchi for being kind. I have a witness who has a flight that he's trying to catch. First, I want to start by accepting the amendments that the Sergeant is passing out today. I want to thank the Chair and the Committee for their work on the bill. I believe with these amendments, it really clarifies the bill for all of the stakeholders.
- Steve Bennett
Legislator
AB 1168, as amended, is an attempt to try to provide exclusively the City of Oxnard with its rights, with the ability to exercise its 201 rights regarding EMS services in Ventura County. We've narrowed the bill down so it doesn't affect other areas outside of Oxnard. We've taken a lot of work with stakeholders, and I'm happy to say that many of the stakeholders have now dropped their opposition to the bill, and hopefully you'll hear from them today.
- Steve Bennett
Legislator
There is an important failsafe in here that requires the City of Oxnard, if for some reason there is a disadvantage, or any community outside of the City of Oxnard that needs to have service, but was in the original district for Oxnard, to be responsible for taking care of that. And with me today, I have Doug Subers on behalf of the California Professional Firefighters and Chief Alexander Hamilton from Oxnard. And I know Chief Hamilton has a flight, so I'll call him up first to testify.
- Alex Hamilton
Person
Assembly Member Bennett, thank you. Good afternoon, Chair and Committee Members. My name is Alexander Hamilton, and I'm the Fire Chief for the City of Oxnard and President of the Fire Chiefs Department for the League of Cities, which is sponsoring this measure. The measure seeks to clarify, as Assembly Member Bennett mentioned, seeks to clarify Section 201 of the EMS Act, which grandfathers rights for entities that were delivering prehospital EMS services prior to the act becoming law.
- Alex Hamilton
Person
And I'd like to take a moment to express my appreciation for Committee Chair, Committee and staff for working on this bill with us. We've been working hard to listen to the concerns of the various stakeholders and make changes to address those concerns. With that being said, a big part of the reason I come before you today is to represent my City Council's interest in providing equitable ambulance service to our residents.
- Alex Hamilton
Person
Currently, if you are poor in Oxnard, you are twice as likely to wait for an ambulance. And unfortunately, that statistic gets worse the further down the socioeconomic scale you go. The City of Oxnard has been trying for years to address this issue without success, including establishing our own paramedic program to improve the level of service to our residents. I would also like to highlight that our goal here is to provide an integrated system of prehospital care.
- Alex Hamilton
Person
We are not trying to fragment the system by any means. And just like 201 agencies currently operating up and down the state, we would follow all local EMS agency regulations and medical control. However, currently there is no real integration between fire and EMS resources. Yet together, we comprise the bulk of prehospital EMS care system in our city.
- Alex Hamilton
Person
Indeed, having no ambulances available more than 1200 times in a single year in a city the size of Oxnard with a population of over 200,000 is a symptom of greater problems. Regardless of if those problems are staffing, deployment, mismanagement, or brownouts, that is a system that is already fractured. And so I remain committed to continuing to engage with stakeholders opposing this legislation to see our goal of improving the system through better integration and a focus on outcomes.
- Alex Hamilton
Person
And before I close, I just wanted to make mention that this is certainly not an attack on the private ambulance industry at all. Certainly, they have very dedicated and hardworking EMTs and paramedics. And I can tell you that my firefighters enjoy an excellent operational relationship with our private ambulance company staff. This is about the system, not about any provider, and the current system is not equitable for our most vulnerable residents. I thank you for your time today.
- Susan Talamantes Eggman
Person
Thank you very much. Anybody else speaking in support today?
- Doug Subers
Person
Thank you, Madam Chair and Senators. Doug Subers on behalf of the California Professional Firefighters here in support of AB 1168. We'd like to thank Assembly Member Bennett for bringing this measure forward and thank the chair and Committee staff for continuing to work on this measure. As noted previously, this measure will provide clarity around the provisional prehospital EMS services and rights to deliver those services.
- Doug Subers
Person
The Oxnard decision has raised ambiguity and potential negative policy outcomes, so we think the Legislature taking a step to clarify the specific issues that we're talking about here today is appropriate. In addition to addressing the City of Oxnard issue directly, this bill will ensure statutory clarity.
- Doug Subers
Person
If a fire department that has 201 rights wants to enter into an agreement going forward, that by virtue of entering into that agreement, it doesn't cause them to lose their rights, we think that is appropriate and good and may help facilitate more collaboration. Additionally, as the author noted, there is a failsafe in the measure.
- Doug Subers
Person
Section two of Subdivision C outlines a process to ensure, should Oxnard exercise their rights under this measure, that no member of the community is left behind or does not have access to service. And as noted at the outset, the amendments further clarify and narrow down the measure. EMS delivery is a vital portion of CPF members' work. Our Members are often either staffing ambulances or providing first response and are first on scene rendering aid in an emergency. It's imperative that the system be efficient. Delays or inefficiency impact the entire system and ultimately impact patient care. For those reasons, we'd respectfully request your aye vote. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Anyone else speaking in support today?
- Russell Noack
Person
Thank you, Madam Chair. Russel Noack on behalf of the California Fire Chiefs Association and the Fire Districts Association of California in support.
- Susan Talamantes Eggman
Person
Thank you.
- Russell Noack
Person
Thank you.
- Susan Talamantes Eggman
Person
Okay.
- Waleed Hojeij
Person
Good evening. Waleed Hojeij with the League of California Cities in strong support. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Okay, people speaking in opposition to the bill today, please come forward at this time.
- Daniel Shepherd
Person
Good evening. So my name is Daniel Shepherd. I'm a practicing emergency Department Physician, EMS specialist, and the current Emergency Medical Services Medical Director for the Ventura County EMS Agency, speaking to you today in respectful opposition to AB 1168 on behalf of a broad coalition of counties. Prior to the EMS Act, regulation of EMS in California was fragmented and haphazard. Nothing required EMS providers to coordinate or integrate their services. The quality of care varied and was not equitable across jurisdictions.
- Daniel Shepherd
Person
The EMS Act promised, and for 40 years, counties would argue, has delivered a coordinated, integrated, and readily available system of prehospital emergency medical care and specialty hospital resources for everyone in California, regardless of where one lives or their socioeconomic status. The EMS systems of today are not stagnant entities. They are dynamic and continuously evolving with the latest science and best practices.
- Daniel Shepherd
Person
Local EMS agency physician medical directors like myself provide objective oversight in the planning, implementation, and monitoring of the EMS system and advocate for the safety of our communities by focusing on patient needs through impartial assessment of system performance. Proponents have argued this measure is meant to address the reluctance by cities or fire districts from entering a JPA. If that is the case, counties would remove our opposition if Section 1797232 B was the sole provision of the bill.
- Daniel Shepherd
Person
However, counties continue to strongly oppose legislative intent language in AB 1168 that distorts the findings in the Oxnard... City of Oxnard versus County of Ventura case and will be leveraged in future litigation, as we've seen in previous court cases. The Committee's proposed amendments to the intent language section alleviate the county's concerns, and we ask that the intent language be removed entirely.
- Daniel Shepherd
Person
The County of Ventura has administered EMS services in the City of Oxnard for over five decades and long before the enactment of the EMS Act, with virtually no involvement from the City. And we fundamentally reject the argument that Oxnard was ever a 201 entity for ambulance transport services. And the validity of the original Joint Powers Agreement regarding EMS in this case was not called in a question by the court. So we must vehemently oppose Abrogation of the Oxnard versus Appellate Court ruling as AB 1168 proposes.
- Daniel Shepherd
Person
To be clear, 1168 gives the City of Oxnard 201 authorities that the Appellate court made clear they did not meet the guidelines for per the requirements of Section 1797 201. I would also like to clarify that Ventura County analyzed the same source of response time data as Oxnard and found that the City of Oxnard consistently has some of the fastest response times in the county. We also emphatically reject the assertion that socioeconomically disadvantaged areas were intentionally neglected.
- Daniel Shepherd
Person
Furthermore, the County has started a competitive procurement process for EMS transport services. An RFP will be issued that Oxnard could certainly bid on, and we urge the Legislature to allow us to complete that process. While the recent amendments and the Committee's proposed amendments attempt to narrow the intent of the bill, we still believe the result will likely be a fragmentation of the organized, efficient, and effective EMS system of today. And a revision to the disjointed state that existed prior to the implementation of the EMS Act.
- Daniel Shepherd
Person
This bill sets a precedent that prior EMS related court rulings can be abrogated by the Legislature at will. And we foresee a reduction in quality of care and deepening of health care disparities in rural communities and low-income or historically underserved populations. For the reasons I outlined, California counties strongly urge you to stand for our communities and vote no on AP 1168. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much.
- Daniel Shepherd
Person
Thank you.
- Susan Talamantes Eggman
Person
Next person, please.
- Janice O'Malley
Person
Good evening, Chair and Members. Janice O'Malley with the American Federation of State County Municipal Employees here on behalf of our United EMS Workers Local 4911. We didn't have an official position at the time that the Committee analysis was in print, so just wanted to inform you of our position on the bill with the author's commitment to include additional amendments that will be added in the future. We are now neutral on the bill.
- Janice O'Malley
Person
Concerns from our Members were that when fire agencies who have the authority to take over ground ambulance services and then subcontract that work back to private EMS companies, it would result in a system delivery model that would increase charges to patients and suppress the wages and benefits for private EMTs and paramedics. We appreciate the author and the proponent's work to address some of these concerns with the bill and want to recognize that substantial changes have been made to address our concerns.
- Janice O'Malley
Person
Just real quick, just wanted to highlight some of those changes that got us to neutral. The bill is limited to the City of Oxnard. Next, it ensures that the contractor provides the incumbent workforce with comparable wages consistent with those provided in their CBAs, and in future amendments will also recognize the incumbent workforce's seniority status. Third, it ensures that the contractor address any concerns raised by ambulance service employees and allow for them to provide input on operational changes as requested.
- Janice O'Malley
Person
And lastly, future amendments will provide greater transparency in the RFP process by allowing the incumbent workforce's union to review and discuss the current collective bargaining agreement for the incumbent workforce with the new contractor prior to entering a new contract. Although AFSCME still believes that the regional approach serves as a better model of care for citizens and patients, we're incredibly grateful to the author who worked respectfully and collaboratively with us to ensure protections were in place for the incumbent workforce. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Anybody else speaking in opposition now? Just name and affiliation.
- Sean Henschel
Person
Good evening, Madam Chair Committee, Members. Sean Henschel on behalf of American Medical Response, I'll yield my comments to AFSCME. We stand with our workforce, and we are removing our opposition based off of these amendments now on neutral. Thank you to the author. Thank you.
- Yarelie Magallon
Person
Yarelie Magallon on behalf of the Counties of San Mateo and Alameda in opposition. Thank you.
- Susan Talamantes Eggman
Person
Thank you.
- Isabella Argueta
Person
Isabella Argueta with the Health Officers Association of California in opposition.
- Susan Talamantes Eggman
Person
Thank you.
- Betsy Armstrong
Person
Betsy Armstrong with the County Health Executives Association in respectful opposition.
- Susan Talamantes Eggman
Person
Thank you.
- Kelly Brooks-Lindsey
Person
Kelly Brooks, on behalf of the County Boards of Supervisors of Los Angeles, Ventura, and Riverside County, as well as the California State Association of Counties, the Urban Counties of California, and the Rural County Representatives of California, all in opposition. Thank you.
- Susan Talamantes Eggman
Person
Thank you.
- Dorian Almaraz
Person
Dorian Almaraz with the California Ambulance Association in opposition. Thank you.
- Susan Talamantes Eggman
Person
Thank you.
- John Poland
Person
John Poland, representing the Emergency Medical Services Administrators Association of California in opposition.
- Susan Talamantes Eggman
Person
Thank you.
- Geoffrey Neill
Person
Geoff Neill, representing the Counties of Contra Costa and Yolo, both opposed.
- Susan Talamantes Eggman
Person
Thank you very much. Now we'll go to the phone lines, see if there's any folks there wanting to speak in support and or opposition.
- Committee Secretary
Person
Ladies and gentlemen, if you're in support or opposition of AB 1168, please press one, then zero now. Again, one, then zero. We'll go to line 464. Please go ahead.
- Karen Lange
Person
Good evening again, Madam Chair and Members. Karen Lange on behalf of the counties of Placer, Shasta, Tulare, Nevada, Napa, Merced, Kern, and Solano counties all in opposition to the bill in print today. I believe they would remove their opposition with amendments. Thank you.
- Susan Talamantes Eggman
Person
Thank you. Anybody else calling in today?
- Committee Secretary
Person
We have two more lines in the queue. We'll go to line 465. Please go ahead.
- Jonathan Feldman
Person
Chair and Members, Jonathan Feldman on behalf of the 911 Ambulance Alliance. We appreciate the work of the author, his staff, and Committee staff on the set of amendments. We're going to wait and get final review on them, but we look forward to removing our opposition. Thank you.
- Susan Talamantes Eggman
Person
Thank you.
- Committee Secretary
Person
And last, we'll go to line 462. Please go ahead.
- Ethan Nagler
Person
Ethan Nagler on behalf of the City of Santa Rosa in support.
- Susan Talamantes Eggman
Person
Thank you. Okay, now we're going to bring it back to the Committee. And I will say that we work very hard. We're going to allow this to go through today. We've worked very hard just to narrow it to the case of Oxnard and to try to strip anything out that gave any other municipality or any other agency the opportunity to be able to use this finding going forward. This is an incredibly tricky area.
- Susan Talamantes Eggman
Person
I served on a City Council where we spent years in court, spent millions of dollars defending our firefighters, and ended up losing and shortly thereafter going into bankruptcy. So I got a lot of feelings about these kinds of issues. And I already said, do you know what kind of shaky ground you're treading on, sir? Because this is messy, messy stuff. But I believe what we have narrowed it to this one case. And so I will be supporting it today. We'll see if any of my other colleagues... Senator Roth?
- Richard Roth
Person
Thank you, Madam. Thank you, Madam Chair. I try to pay attention to when my county and adjacent counties speak. And I'm trying to figure out what the issue is. I was told it was legislative intent, and it's contained in the Legislative Council's Digest. Well, we know that's not the statute. That's just a summary to tell all of us who have trouble reading the law what the law really is. But the courts don't pay any attention to that unless and until the statute is completely unintelligible, and then they might turn to the Legislative Digest to try to figure things out.
- Richard Roth
Person
So I'm looking at my Legislative Digest here for this bill, and this one in the binder is amended in Assembly May 26, 2023. And it looks like on page two, Assembly Member, that the intent language was stricken. That deals with a city or fire district's entry into a written agreement with a county for the joint exercise of powers regarding pre-hospital EMS does not make the city or fire district ineligible to contract with a county. Which is what we're talking about in the Oxnard case. That was stricken from the Digest. Is that your understanding?
- Steve Bennett
Legislator
That is. And I'm going to ask our sponsor also, Mr. Suburbs, to come forward, but, yes, we are.
- Richard Roth
Person
Several of us are confused up here, and we want to be unconfused before we cast our vote.
- Doug Subers
Person
Yeah. Senator, if I may. When this bill was before the Assembly, it contained three provisions. There are 61 other joint exercise of power agreements in the state that may or may not fit the same characteristics of Oxnard. So when the author set out on this, he thought we were... Well, I think the efforts, collective efforts, were to clarify with regard to this court case how the application would apply for those other joint exercise of power agreements, Oxnard and prospectively.
- Doug Subers
Person
I believe that this portion of the Digest on page two here is deleted and then restated, I guess, is because we took amendments to further narrow. I think even more specifically today in Committee, there will be amendments to further change the findings make it even more clear that subdivision A in the bill, section two of the bill today, is specific to Oxnard.
- Doug Subers
Person
And subdivision B in Section two of the bill today is specific to prospective agreements with regard to a city or fire district that has 201 rights, if any, going into an agreement with the county.
- Richard Roth
Person
So section C, that's been stricken?
- Doug Subers
Person
No, sir. Section C, I think under the Committee amendment, section C will remain in the bill. Section C is specific to the process that needs to be followed by the County of Ventura now, if the City of Oxnard exercises the rights, if you're referring to the section C of...
- Richard Roth
Person
Maybe what we should have is to have the county representative that spoke in opposition step forward and tell me exactly where the intent language is that they're referring to and what it exactly says. So I can draw my own conclusion before I vote because I'm confused.
- Betsy Armstrong
Person
Senator, Betsy Armstrong on behalf of the County Health Executives Association. I think where counties are opposed to the intent language is what we would describe as a distortion of the findings in the case of the City of Oxnard versus Ventura. And there have been previous court cases where proponents in court have pointed to intent language in other legislative bills that have been passed by this Legislature to justify the court cases against counties on EMS issues. So that's why we're respectfully asking that the intent language be removed.
- Richard Roth
Person
It's this thing. So which part do you want removed?
- Betsy Armstrong
Person
I don't have the bill in front of me. I apologize, Senator.
- Unidentified Speaker
Person
This is messy.
- Betsy Armstrong
Person
Thank you.
- Richard Roth
Person
I'm sorry to put you on the spot.
- Betsy Armstrong
Person
No, That's fine.
- Betsy Armstrong
Person
I appreciate the question.
- Richard Roth
Person
We're on the spot up here.
- Susan Talamantes Eggman
Person
Fair enough. Fair enough. We've been working a lot on this bill, and it's been a lot of moving parts.
- Betsy Armstrong
Person
So I think section D, sir, that City of Oxnard has created confusion. We disagree that it's created confusion on the JPA issue. And again, we said we would remove our opposition if the sole section dealing with the JPA on the go forward is removed. I think where we disagree is that the court made very clear that the City of Oxnard does not have 201 authorities. And so anything that allows for that, that's where the counties will oppose. And we think that intent language kind of muddies the waters. And that's why we've been asking for the intent language to be removed as well. Does that help?
- Steven Glazer
Person
I will.
- Susan Talamantes Eggman
Person
Senator Glazer.
- Steven Glazer
Person
I could just add on, and going back to the author, because I thought your commitment was to remove this intent language. So maybe you could clarify now what your position is. This is in the mockup of the proposed amendment. Section D, she's speaking about.
- Steve Bennett
Legislator
My commitment has been to, there has been extensive negotiation, extensive conversations between Committee staff and the sponsors of the bill. And they reached agreement in terms of what is the appropriate intent language. And that is the intent language that I'm very comfortable accepting. In terms of trying to find the exact language here referenced by Senator Roth. That's a little difficult for me to find here in my paperwork.
- Steven Glazer
Person
But he's speaking to this language in D, right? Senator Roth, you're speaking to this language in D. This is the issue the counties have a problem with.
- Richard Roth
Person
If I may Madam Chair, section D appears to simply state what the issue is. It gave right to the gave birth to the bill, which is there's this court decision and it created confusion among local governments as to whether they had to stay in a joint powers authority or could separately contract. That's all this D says.
- Susan Talamantes Eggman
Person
Under the Committee amendments that they've accepted. That's what you're looking what you're looking at?
- Richard Roth
Person
Yes, That's what I'm looking at. So listen, I'll stop talking. Steve Glazer.
- Susan Talamantes Eggman
Person
Steve Glazer.
- Steven Glazer
Person
But the county folks believe that this misstates the findings in the court, right? And that's the dispute. Am I understanding that correctly?
- Susan Talamantes Eggman
Person
So you think that just saying that people will still have their 201 rights if they enter into a JPA?
- Betsy Armstrong
Person
No, not that piece. What we object to is that this essentially deems, that was a previous iteration of the bill, but deems Oxnard to be a 201 entity. We fundamentally disagree with that based on this court case. And so we think the intent language says that in effect, and that's why we're asking to that be removed. And we'll continue to oppose, I believe the piece about Oxnard, but that said, the intent language to us is also what we would oppose.
- Susan Talamantes Eggman
Person
Okay? And we did our best to try to just make it very specific to this case.
- Steve Bennett
Legislator
And if I could, I think I might be able to help clarify now, because quite frankly, you guys were looking at the amendments that we passed out. I passed them all out, and I wasn't looking at those amendments. I now understand, I think clearly in terms of that. What we have tried to establish to the benefit of everybody, and I don't think there's anybody that opposes this, is that the courts ruled that Oxnard doesn't have a 201 right.
- Steve Bennett
Legislator
And that seems fundamentally unfair because Oxnard entered into the JPA before we had the 201 rights, and now they're being told they can't exit out of the JPA because of the 201 rights having not been in existence. It seems fundamentally unfair to say everybody that entered into a JPA can't exercise their 201 rights, but everybody that entered in after that day can exercise their 201 rights.
- Steve Bennett
Legislator
So for the City of Oxnard, this legislation is the legislation that is necessary for them to be able to do that. At the same time, we've had both counties, EMS agencies and cities saying prospectively, some cities are considering entering in to a joint powers agreement for EMS services, but those cities say we don't want to enter into that if when we enter into it like Oxnard, we're going to lose our rights to get out. And so everybody says those cities, we don't want that to happen.
- Steve Bennett
Legislator
We actually want cities to join in wherever they can. And so this language is an attempt to try to say cities that want to enter in do not give up their 201 rights. And that is healthy because they are more likely to get into a joint powers agreement and can have coordinated service. And that Oxnard.
- Steve Bennett
Legislator
It'd be fundamentally unfair to say Oxnard doesn't have 201 rights just because they were proactive and did the right thing by entering into a joint powers agreement with everybody to try to make it happen. And they shouldn't be trapped forever without knowing they were giving up the right to ever get out. Imagine if you signed a contract or you joined into an agreement that you assumed at some point in time there'd be some way to exit out. I mean, the courts consistently say you can't get trapped forever. Right now, the way the language is, they're trapped forever, they can't.
- Susan Talamantes Eggman
Person
If I could just interrupt here for a second because I think I fundamentally disagree with you.
- Steve Bennett
Legislator
Okay.
- Susan Talamantes Eggman
Person
I mean, I disagree that Oxnard had the 201 rights. I don't disagree that people should be able to subcontract and lose their 201 rights. But I think our disagreement is whether Oxnard ever had them because they just joined a JPA, right? They joined a JPA, so they never had the rights to start with. They joined a JPA and now they're saying they want their rights, and then they're saying the courts got that wrong. So we're saying, OK, Oxnard, you have your rights.
- Susan Talamantes Eggman
Person
And what we try to say in here is that going forward, anybody who already has their rights and then enters into a JPA does not lose theirs. That's what we're trying to say. But I disagree with you that Oxnard ever had theirs.
- Steve Bennett
Legislator
Fine.
- Susan Talamantes Eggman
Person
Okay. But we're just trying to do it very narrow like that. So that was our intent. Does that make sense, sir? Yes, sir.
- Richard Roth
Person
And Madam Chair, the corollary to that is, if you didn't have your 201 rights, and you were another city, and you aren't in that court case, this does nothing to apply to you.
- Susan Talamantes Eggman
Person
Correct. Yes, sir.
- Steven Glazer
Person
Just, Chair, I obviously want to try to find a way to be supportive here, and I'm sensitive to the Oxnard circumstance. But I just would ask that, as the bill moves forward, that the clarification can continue to be maybe enhanced, so that the counties like mine that are opposing today because of this broader interpretation, fair or unfair, that we continue to work on that.
- Susan Talamantes Eggman
Person
Alright. It's hard to find the magic language, but yes.
- Steven Glazer
Person
Appreciate it.
- Susan Talamantes Eggman
Person
And I apologize for putting Members in a situation where we're doing this here. Senator Limon.
- Monique Limón
Legislator
Thank you. And I just want to thank Assembly Member Bennett. He and I both represent Oxnard, and this has been a difficult conversation, and this conversation didn't just start with this bill. I want to be clear that there have been discussions in the district that we mutually represent for some time trying to find the answer. And I represent Ventura County as well. They're opposed to this. But we have been in conversations with stakeholders to try to determine what the best pathway is.
- Monique Limón
Legislator
And we both collectively thought that it was important to move legislation forward to clear it up because we really didn't get very far just with our own interpretation. So I think that the Chair said this is really messy, it is complicated, and I will reiterate it's messy, it's complicated, but that the efforts to try to resolve this issue have extended far beyond the legislative process, and now have led to the legislative process.
- Monique Limón
Legislator
And we have been very committed, I think, to ensure that there's as many protections in place for the County and for the stakeholders locally that are opposed as well. So I just wanted to share that with the group. It is a very complicated district issue. But we really did feel that this was the right pathway.
- Susan Talamantes Eggman
Person
Thank you, Senator. Alright. Okay, Senator Glazer.
- Steven Glazer
Person
I'm going to support the bill today, but reserve the right to examine it as it gets to the floor and ask the Chair. Thank the Chair and the Member for their work in this area.
- Susan Talamantes Eggman
Person
Thank you. Okay. Anybody else? Would you like to close?
- Steve Bennett
Legislator
Thank you very much. I'll respectfully ask for an aye vote.
- Susan Talamantes Eggman
Person
Okay. Thank you very much. Alright. And that is a do pass as amended and re-refer to the Committee on Governance and Finance. Is there a motion, Senator Limon. Is that a motion? Is that a motion? Moved by Senator Limon? Secretary, please call the roll.
- Committee Secretary
Person
Senators Eggman? Aye. Eggman, aye. Nguyen? Glazer? Glazer, aye. Gonzalez? Grove? Hurtado? Limon? Limon, aye. Menjivar? Menjivar, aye. Roth? Roth, aye. Rubio? Rubio, aye. Wahab? Wiener? Wiener, aye.
- Susan Talamantes Eggman
Person
Leave the roll open for absent Members. Can we get a motion on the consent calendar, Senator, by move by Senator Roth. Secretary, please call the roll. Consent on AB 425. AB 1239.
- Committee Secretary
Person
Senators Eggman aye Eggman aye Min Glazer Glazer. Aye Gonzalez Grove, Hurtado, Hurtado. Aye Limon Aye Menjivar. Menjivar aye Roth. Roth aye Rubio, Rubio aye Wahab. Wiener, Wiener aye.
- Susan Talamantes Eggman
Person
Okay, that is eight, and we are to our last two bills, so I'd encourage healthcare Committee Members to come on down. Thank you very much, Assemblymember Mersuchi.
- Al Muratsuchi
Legislator
Thank you very much. Mr. Bennett told me that that was a simple Bill. Yeah, but I have a simple Bill here, which is Assembly Bill 899, because who doesn't love babies? We all love babies, and we want to make sure that we protect them, especially from toxic heavy metals.
- Susan Talamantes Eggman
Person
That's a broad statement, sir.
- Al Muratsuchi
Legislator
This Bill is a transparency Bill that will help protect babies from ingesting heavy toxic metals. The House Oversight Subcommitee on Economic and Consumer Policy issued a report they conducted a hearing and issued a report in 2021 where they found that commercial baby foods are tainted with significant levels of toxic heavy metals, including arsenic, lead, cadmium, and mercury. Exposure to toxic heavy metals causes permanent decreases in IQ, diminished future economic productivity, and increased risk of future criminal and antisocial behavior in children.
- Al Muratsuchi
Legislator
Toxic heavy metals endanger infant neurological development and long term brain function. This Bill seeks to act on the recommendations of the Congressional Subcommitee again to require disclosure. It's not trying to ban any products. It's just trying to arm consumers with giving information on what toxic heavy metals are contained in infant formula and baby food. Here to testify in support of this Bill is Susan Little with Environmental Working Group, as well as Bryce Doherty with the American Academy of Pediatrics.
- Susan Talamantes Eggman
Person
Thank you. Please go ahead.
- Susan Little
Person
Yes, hello. Good afternoon. Susan Little with the Environmental Working Group. And first, I'd just like to thank Assembly Member Muratsuchi for authoring AB 899, which will inform parents about the heavy metals lurking in the food they feed their infants. To date, this information has largely been a mystery. The presence of high levels of lead, mercury, arsenic, and cadmium in baby food has only been brought to light as a result of third party testing or acts of Congress.
- Susan Little
Person
These disclosures have demonstrated that alarmingly high levels of toxic metals are present. As Assemblymember Mert Succi said, a congressional Subcommitee recently analyzed four baby food brands documents and found that all four brands products were tainted with heavy metals. The Subcommitee found that products contained, for example, 177 times the allowable level of lead, 91 times the allowable level of arsenic that the FDA has set for drinking water.
- Susan Little
Person
Three other companies refused to cooperate with the investigation, and the Subcommitee wrote that it had grave concerns that these companies refusals might hide even higher levels of toxic chemicals in their products than their more cooperative competitors. Documents disclosed the presence of toxic metals in baby food should cause us all alarm because the ingestion, of course, of even low levels of these metals, many of which build up over time, can cause infants and toddlers grave health effects.
- Susan Little
Person
Baby food manufacturers should comprehensively test their products for these toxins and transparently disclose the results to consumers. Amazingly, such protections aren't currently required. AB 899 will close this gap and give Californians the information they need to protect their infants from toxic metals that can affect development and harm life outcomes. We'd urge your support for this Bill. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Mr. Docherty.
- Bryce Docherty
Person
Madam Chair Members, Bryce Doherty on behalf of the American Academy of Pediatrics. California research has repeatedly found that heavy metals are detrimental to cognitive development. Exposure to heavy metals at an early age has been linked to lower IQs, behavioral problems, cardiovascular issues, and attention deficit hyperactivity disorder. Therefore, the AAP California's in strong support. Thank you very much.
- Susan Talamantes Eggman
Person
Thank you very much. I just wanted to speak in support now just name and affiliation.
- Unidentified Speaker
Person
David Bolog in support.
- Susan Talamantes Eggman
Person
Thank you, Dave. All right, now we'll go to opposition.
- Dennis Albiani
Person
Good afternoon, Dennis Albiani with Consumer Brands Association. Unfortunately, we have to say we are opposed today. And again, we represent manufacturers of baby food and other wonderful products as well. One of the challenges, and the biggest challenge of this is when you have a single state labeling requirement and single state requirements all around, it runs havoc on a distribution system. We're serving statewide and nationwide requirements, and this has a single unique requirement for a state. And trying to meet that becomes a considerable challenge.
- Dennis Albiani
Person
There's liability that goes along with that. What if a product that's mislabeled gets in there's all these requirements that come on, and that's the biggest challenge that we see with this Bill. So at this point, we are opposed and appreciate your time. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much, Dennis. Other speaking in opposition today.
- Larisa Cespedes
Person
Good afternoon, Chair and Members, Larissa Sespitus here, and I love babies too. As a mother of a one year old and a three year old, I have a very intimate knowledge in baby food and infant formula. And I'm here representing the Infant Nutrition Council of America, who unfortunately has an opposed, unless amended position. We share the goal of Assemblymember Muratsuchi in keeping the food and formula that we feed our babies safe.
- Larisa Cespedes
Person
But our concerns are primarily around the obligations with regards to testing the unique label that we would have for California, as well as the posting on the website. I want to point out the major distinction here between infant formula and baby food. And as you heard about this House Subcommitee report, that focus was purely on food, not infant formula, where we have to comply with very rigorous standards set not only by the FDA, but international bodies like Codex and the European Union.
- Larisa Cespedes
Person
For those reasons, we have initially asked for an exemption for baby formula from this Bill. We were also concerned about what is the value of the information that would be provided without actually having an FDA standard on the level of heavy metals. As you know, we've seen recently a proliferation of misinformation of fears about scientific studies put online. And we're concerned about, as a consumer, what are the options that would be available when you cannot provide breast milk or infant formula.
- Larisa Cespedes
Person
And the potential downside with this Bill, we think is very concerning without providing a lot of value for the customer when it comes to infant formula. So we're happy to continue to have conversations. I think we would explore potentially.
- Larisa Cespedes
Person
A discussion with regards to having some kind of FDA standard that we would post online, rather than having a product label when the FDA does a heavy metal standard. But at this point, unfortunately, we are opposed. Okay, thank you.
- Susan Talamantes Eggman
Person
Thank you. We do have a technical amendment that if the FDA has established guidance or action okay, now we'll go. Anybody else just wanting to say they're against it? Okay, now we'll go to the phone lines is there anybody on the phone lines Moderator.
- Larisa Cespedes
Person
Ladies and gentlemen, if you wish to show support or opposition of AB 899, press one, then zero. Now again, one, then zero. And there's no one in the queue at the moment.
- Susan Talamantes Eggman
Person
Okay, thank you. This time, we'll bring it back to the Committee. And I will say I heard from a few people that formula shouldn't be in because it must have the heavy metals in it. And not to scare parents. So I heard that. But we did a lot of outreach to various mother groups to try to see if that was something or just coming from the manufacturers. And we didn't have anybody else speaking in that way. So that's what got us where we are today.
- Susan Talamantes Eggman
Person
Anybody else wanting to Senator Roth thank you, Madam Chair.
- Richard Roth
Person
I just want to make sure I understand, is there an action level, regulatory limit, or tolerance established by the federal FDA? Because as I read the amendments, isn't that what triggers the requirement?
- Al Muratsuchi
Legislator
So, first of all, I forgot to state for the record that I accept the Committee amendments. With the Committee amendments, the labeling requirement is only triggered when the FDA actually adopts an action level. Currently, the only action level that the FDA has for baby food is for lead in baby food. So that's the only one that currently would require a label for everything else. We just want to provide information to consumers.
- Al Muratsuchi
Legislator
So even though the FDA hasn't taken action yet in terms of defining what is safe and what is not, they would be able to go on the website and check to see what products have more heavy metals than others. And while the manufacturers raised concerns about confusion, I think consumers were just trying to give them more information and let them decide.
- Al Muratsuchi
Legislator
If it was me, I would be choosing products that have less heavy metals in the product, and that would incentivize manufacturers to be more careful to ensure that they're testing and getting heavy metals out of the products. And two, this would be an example where California would lead the country and hopefully put pressure on the FDA. Congress has recognized that this is a critical issue affecting our most vulnerable babies, addressing the issue of toxic heavy metals. And this Bill, again, it doesn't seek to ban anything.
- Al Muratsuchi
Legislator
It just wants to shine a spotlight, give consumers information on what products contain these toxic heavy metals. The four identified in proposing this Bill.
- Richard Roth
Person
Well, in the absence of an action level that the FDA establishes, and I hear you, lead is apparently already there, so that should be applicable across the 50 states and territories in the commonwealth, right?
- Al Muratsuchi
Legislator
Lead, there is no state. This Bill would be the first. And I'm looking to Susan letter to confirm that this would be the first in the country to require labor.
- Richard Roth
Person
No, but if the FDA says there's a certain action level for lead in food products, then that exists around the country?
- Al Muratsuchi
Legislator
That is correct.
- Richard Roth
Person
So absent some further action by the FDA to establish a tolerance or a regulatory limit or an action so what do you have to do today with respect to baby food, for example?
- Al Muratsuchi
Legislator
So, again, the FDA doesn't have guidelines on what is safe and what is not as of this date.
- Richard Roth
Person
But your Bill, what would it do today? In the absence of any other action?
- Al Muratsuchi
Legislator
It would provide the data on which products contain what levels of toxic heavy metals and let the consumer decide.
- Richard Roth
Person
So they're going to have to test it for the four that you have in your Bill?
- Al Muratsuchi
Legislator
That's correct. And it's for the representative sample of the final product.
- Richard Roth
Person
And that's going to be on a label, but the consumer is not going to know whether that's a problem or not. It's sort of like a multivitamin where you look at the back and you see what's in the multivitamin, and you don't know whether 100 milligrams is good or bad or 500 is good. You just know that you got all the junk in the pill.
- Al Muratsuchi
Legislator
It's not been a label. Again, the only label that's going to be required is for lead and baby food, because that's the only standard that the FDA has established. For everything else, it'll be data required to be posted on the manufacturer's website.
- Susan Talamantes Eggman
Person
So it's not changing in labeling. It's just testing the product and then providing the database on the manufacturer's website.
- Richard Roth
Person
Thanks for your patience.
- Al Muratsuchi
Legislator
Zero, yeah. Thank you.
- Susan Talamantes Eggman
Person
How much heavy metal is in that one?
- Richard Roth
Person
Thank you, Madam Chair.
- Susan Talamantes Eggman
Person
Senator Rubio.
- Susan Rubio
Legislator
Thank you. Good afternoon. It is a little bit confusing. At first, I thought it was we were labeling the actual product, but if I can bring Larissa suspension for one question, you said something I think you said that other states or other countries, that there's a separation between baby formula and food. Can you just reiterate that point? You're saying that they're treated differently?
- Larisa Cespedes
Person
Right. So even under current FDA standards, infant formula is treated differently than baby food. We have more rigorous testing standards. There are actually heavy metal levels, standards that are set in the European Union today and Codex that we have to meet because our suppliers are supplying their products internationally. I think our concern, and we just saw, I think, the amendments that are being referenced in Committee. So we do want to take them into consideration.
- Larisa Cespedes
Person
But I'm not so sure that that trigger of the FDA, once the FDA sets a standard, is actually what's reflected in the language and that we would still be required to do unique batch testing for products sold in California and unique labeling and unique disclosures online. We're just concerned about one, if this batch testing requirement that's currently in the Bill is almost impossible for our manufacturers to comply with.
- Larisa Cespedes
Person
And we're not sure that there's the actual added value of putting safer products for the cost, for the potential time, additional time that it's going to take. And so we still remain concerned. But I think you've heard our position, which is once the FDA sends guidance, then why doesn't California follow that? And frankly, I'm not so sure that the Bill is warranted before FDA sets guidance. But that's for you all to decide.
- Susan Rubio
Legislator
Thank you for that. So I have a question. So is the FDA working on something already? Are we waiting for the FDA or is something that it's been settled by the FDA and you're trying to get ahead of it?
- Susan Talamantes Eggman
Person
Apparently, we're waiting for things from the FDA for decades.
- Al Muratsuchi
Legislator
Yes, I know from some other products that I've worked on, including the banning of toxic chemicals here in the State of California. I know that we often have to lead and the FDA follows. I don't know if the Environmental Working Group can comment on whether the FDA currently is working on this issue or not.
- Unidentified Speaker
Person
We'll allow so as you know, with the infant formula crisis that happened, the FDA is in the process completely reorganizing itself. All of its top personnel have left. They've cleaned house. They're bringing people back in. They're trying to take care of that. We don't have a lot of hope that things will move very quickly, because, of course, as we explained with our last Bill that you saw, the food safety program at the FDA is very having a hard time.
- Unidentified Speaker
Person
And now with this reorganization, they're just we don't hold our breath. So maybe something will come through. They are working on it, but maybe something will come through in a few years. But this is an opportunity for us to move forward with at least some initial testing and certainly disclosure for consumers. And that's why we're in support.
- Susan Rubio
Legislator
Just one last thing. Well, I just want to reiterate what my colleague next to me just said from Riverside. In terms of I mean, I know that we're trying to do better by consumers by listing this, but it does concern me that sometimes the labeling, the information is so overwhelming that it doesn't really tackle the intent, which is making sure that we have the information as consumers.
- Susan Rubio
Legislator
I want to be supportive, and I just want to see if we can make sure that really meets the marker, which means making sure that parents know what their children are getting in a perhaps simplified way. That's all. And I know we're asking them to go on websites and look at different things. I always think of our second language learners, Spanish speakers, like, what does this all mean to them?
- Susan Rubio
Legislator
So just thinking of how we simplify in a way, but get the information that they really need instead of like the scientific, if you will. So I'll just leave it at that. Thank you.
- Susan Talamantes Eggman
Person
Thank you, Senator Roth, just one quick.
- Richard Roth
Person
Follow up before my colleague next to me asks this question my experiences back in the day when I used to be a lawyer and I represent food manufacturers and frozen food manufacturers and the like. And food obviously is tested, and USDA inspectors were there 24/7. They inspected. Since these toxic heavy metals are in the environment and are in the food and the vegetables and all that, how would you test? And don't you have to test by batch?
- Richard Roth
Person
And if your testing is by batch, how do you post that on a website? Because your manufacturing process must have hundreds and hundreds of batches of baby food product or formula That's put on pallets and shipped around the country. So do I look up to batch 182 to find out that it's 2% lead and 5% arsenic and I better not feed it to my baby or what? How does that work?
- Al Muratsuchi
Legislator
Yes, we wanted to defer to the manufacturers in terms of how to identify the batches being tested. But number one, I want to emphasize that this was the recommendation of the congressional Subcommitee that investigated this issue that final batch testing be conducted. I can offer potential options like having barcodes for different batches. I mean, the Bill calls for representative samples of the final product to be tested. I think overall, again, two things.
- Al Muratsuchi
Legislator
One is to try to shine a light on the amounts of toxic heavy metals in products so that it would incentivize the manufacturers to do everything possible to reduce the risk of exposure to babies. And number two is to shine a spotlight on this issue that has already been identified as a compelling issue by this congressional Subcommitee so that we can hopefully spur the FDA to provide some guidance to our communities.
- Al Muratsuchi
Legislator
But in the meantime, again, we were talking about, well, should we try to align baby food and infant formula with the EU standards and ban any products that didn't meet the EU standards? No, we chose not to. We chose to provide a simple transparency measure to give consumers information so that it would spur manufacturers to produce, to manufacture safer products, and to hopefully to spur the FDA to act.
- Susan Talamantes Eggman
Person
All right, Senator Glazer, then Menjivar, then Wahab.
- Caroline Menjivar
Legislator
Thank you. Assembly Member I know your heart's in the right place here, and we're trying to work our way through this to make sure we understand it. But, look, I don't have a problem with the A and B. One A and B in the analysis that says that they have to test, even though Senator Roth has raised some issues about how they do that and they have disclosed on their website. So for me, okay, That's not a burden. That's not confusion.
- Caroline Menjivar
Legislator
It's really in C and D that I start to feel like I'm going down a rabbit hole. Because C is saying that you have to put on the label now, because this is where you have to put it on the label that the FDA set a standard. Right? And so on that one, it's like, okay, well, if they've set a standard, it couldn't be in the marketplace unless this was below the standard. Right. Otherwise it wouldn't be in the marketplace.
- Caroline Menjivar
Legislator
So you wouldn't have a label on something that exceeds the standard.
- Al Muratsuchi
Legislator
I believe the FDA does not prohibit the product, but the label would identify it as exceeding the level that the FDA had issued.
- Caroline Menjivar
Legislator
The it is hard for me to believe that a manufacturer would put a product out that says this exceeds the healthy lead level in baby food. That's hard for me to believe.
- Al Muratsuchi
Legislator
Okay, but we wouldn't know that unless the batches were being tested, right?
- Caroline Menjivar
Legislator
That's A and B. So I get A and B. But you're saying that after the FDA has determined a level that is harmful that they're going to now put a label that says our product is harmful because it exceeds the level that the FDA has sent? That seems what you're saying in.
- Al Muratsuchi
Legislator
Know, I mean, if the manufacturer is doing the right thing, then I think you're right. I mean, they shouldn't be selling those products if they so the likely thing.
- Caroline Menjivar
Legislator
Is that that product that's on the market is below what the FDA has determined is not as harmful. It's below it. And then you get to D, right? And now this is on the label. You have to say that it meets the FDA guidance. Right. So it's below what they say is unhealthy, and it meets that's what it's saying here as what your Bill requires.
- Caroline Menjivar
Legislator
So on both of those points, I'm kind of left with, well, it's now meeting all the requirements, and you're going to tell people on the label, hey, it meets all the requirements. Why do we need a government requirement that says, hey, this is healthy when it's determined to be not harmful by our experts? I'm trying to understand the usefulness of that of C and D here. And what you're proposing.
- Al Muratsuchi
Legislator
Again, it would shine a spotlight on the issue that consumers should be aware of the issue and the presence of toxic heavy metals in baby foods. It would say, hey, this product meets the FDA level. It would incentivize people to buy that product as opposed to a product that didn't have that label.
- Caroline Menjivar
Legislator
I can't understand a product being on the market, by the way, that exceeds okay, I'm going to go back to this. For me, it's a question of are we requiring something that really is going to create anxiety when the health experts have said it's not a problem?
- Al Muratsuchi
Legislator
Sure.
- Caroline Menjivar
Legislator
And it reminds me honestly of our requirement of Prop 65 that is posted everywhere on a vending machine, at a gas station, everywhere you look, there's a Prop 65 warning, which I know came out of the best of intentions, and it's like, well, what is it doing now? How is it really informing any of us about things that might be unhealthy? But it's just that warning. It's everywhere, and so it loses its value. And that's why I'm struggling with your C and D requirement.
- Al Muratsuchi
Legislator
Okay.
- Caroline Menjivar
Legislator
Because it doesn't seem to lead to, hey, it's different than what we put on a pack of cigarettes. Right. This could cause cancer and can kill you. All right, well, the cigarette manufacturers decide they want to keep selling cigarettes, so we require they got to say it has poison in it. Buy it at your own peril. That's not really what you're trying to do here in C and D, because they have to be under the limits, or they wouldn't be selling the damn products.
- Caroline Menjivar
Legislator
Who's going to sell baby food that says it's unhealthy? So, with respect, if I'm understanding it wrong, please share that with me. But that's what makes me hesitant to even with the best of intentions, if you keep C and D and I'm trying to say that's not really communicating helpful information. And I know That's really your intention through the chair.
- Susan Talamantes Eggman
Person
Yeah. If I may just ask, do they still sell the baby products with lead that exceeds the limit, but they just say, this exceeds the limit on lead, but we're still selling it.
- Unidentified Speaker
Person
They are not actually required to say anything on the label. The action level established by the FDA is essentially a guidance that the FDA hopes manufacturers will comply with. So that's why this Bill is going to give some good tools for the consumers, because it will actually indicate whether or not that action level is being followed when those action levels are established.
- Susan Talamantes Eggman
Person
Okay.
- Caroline Menjivar
Legislator
Guidance.
- Susan Talamantes Eggman
Person
We've got a line, sir, we've got a line. Okay.
- Richard Roth
Person
We're too excited.
- Caroline Menjivar
Legislator
Senator Menjivar, I mean, that threw me left curveball there. I do align some of my concerns with my colleagues over there on the right. And I'm wondering of this report, I think it's been asked, and maybe I missed this question. The report said included the baby food and not the baby formula.
- Al Muratsuchi
Legislator
That is correct.
- Caroline Menjivar
Legislator
And I'm wondering why this was included in here. And then my second question is, Madam Chair, in the amendments, is it correct that there's going to be no labeling right now until there's an actual level of this?
- Susan Talamantes Eggman
Person
That's correct. You go to the manufacturer's website, you can see how much heavy metals are in the food and the formula.
- Caroline Menjivar
Legislator
So moving forward, in potentially maybe two years, three years, baby formula would have a label that says this exceeds the amount of XYZ that is approved in FDA. I'm understanding that correctly.
- Al Muratsuchi
Legislator
That's right. Only when the FDA established that guideline, we found out that it's out of ban, but it's a guideline that the product would be labeled and this would be disclosed after January 1 of 2025.
- Caroline Menjivar
Legislator
Is there any report that showed that there's excess levels potentially in infant formula?
- Susan Talamantes Eggman
Person
Do we know about the lead?
- Caroline Menjivar
Legislator
The lead was in baby food.
- Susan Talamantes Eggman
Person
Is the lead in baby food or baby formula.
- Caroline Menjivar
Legislator
It was baby, baby, baby food. So is there any?
- Caroline Menjivar
Legislator
Robert.
- Susan Talamantes Eggman
Person
Please come to the microphone.
- Susan Little
Person
It was found in toddler formula and in baby food.
- Susan Talamantes Eggman
Person
Thank you.
- Al Muratsuchi
Legislator
Thank you.
- Susan Talamantes Eggman
Person
Thank you, Senator Wahab.
- Aisha Wahab
Legislator
Thank you, Assemblymember, for bringing this bill forward. I have some concerns that kind of echo what my colleagues here have stated, but I just would like a little more transparency on a number of things. My concern is that, one, there is baby formula versus baby food, right? Baby formula, it's a necessity from zero to six months or zero to a year, depending on I don't have children, so I'm tossing out numbers. Right. And there is no real alternative. Right. And we saw in our country that there was a baby formula shortage that literally had people freaking out. And over here it says, packaging individual units for sale or distribution. Right. So we've heard different things from people that have talked to us, people that have sent letters and emails and so forth. Are you looking at individual units to test, or are you looking at... what does batch look like for you? What does spot testing look like? There's not a lot of clarity. And my concern is the supply chain for babies and parents who want to feed their babies.
- Susan Talamantes Eggman
Person
Well, the bill just calls for testing a, quote, representative sample of the final product.
- Aisha Wahab
Legislator
But the final product being every unit? A batch?
- Susan Talamantes Eggman
Person
A representative sample.
- Aisha Wahab
Legislator
Yes.
- Susan Talamantes Eggman
Person
Right. Because they test before they package. Right. It's like beer or wine or anything else. When you buy a bottle of something, you think it's going to be the same as the last one you got. Okay.
- Aisha Wahab
Legislator
And supposedly, if we have somebody that can speak to this, the EU does not do baby formula, correct? They only do food... or?
- Al Muratsuchi
Legislator
The EU does have standards for baby formula.
- Larisa Cespedes
Person
Yes. There are heavy metal standards in the EU currently for infant formula. And the FDA is currently working on a closer to zero initiative to establish heavy metal standards for baby food. At some point, they will establish some standards for formula as well. And I worked with Assemblymember Muratsuchi on a number of other ingredient bills. We know that very often, because the EU has been ahead of the US on this, that there's a lot of groundwork that's been laid there, that they will likely incorporate much of the science that has been done. You know, I know there was some discussion earlier in the committee about the inactivity of the FDA, and this is one of those That's not that instance. This is one where this is at the top tier of having something actionable on us. And again, and That's why we feel comfortable asking to wait, because why are we going to create a California unique testing standard, a unique label, when we know something is coming down the chute?
- Susan Talamantes Eggman
Person
But we're not doing a label. We're just doing the website, right? If the FDA has established guidance or a level, as we do with lead.
- Aisha Wahab
Legislator
So, again, my concern is, do you feel the need to include both baby formula and baby food?
- Al Muratsuchi
Legislator
I mean, you heard testimony that there has been significant levels of lead found in infant formula.
- Susan Talamantes Eggman
Person
In the EU. They've already established that it's there. They've established levels. We have not.
- Aisha Wahab
Legislator
Okay, and I apologize, but I didn't catch this. Did you accept any amendments?
- Susan Talamantes Eggman
Person
Accepted technical amendments to have if there is a label, it's only if the FDA has established the guidance or actionable level. Other than that, it's just the website that the manufacturers are testing, they're final before they put something in a bottle or something and they have to list the amount of heavy metals that are in the food and or formula.
- Aisha Wahab
Legislator
Okay, thank you.
- Al Muratsuchi
Legislator
Thank you.
- Susan Talamantes Eggman
Person
Okay. Senator Nguyen.
- Janet Nguyen
Person
Thank you. Thank you, Madam Chair. Senator, I know you're doing this with the best of intention. Okay. And I'm as confused as my colleagues right now. And I'm also very concerned with the baby formula shortage that we had. I mean, my boys are way beyond that. And it's from zero to up to almost two years old as baby formula. I guess a couple of things I want to ask is I guess maybe not to you, maybe to one of the individuals who are there is help me understand the difference between if you test the batch at the beginning or the formula goes in at the beginning, does it change by the end? Why not at the beginning? Why does it have to be the end of it?
- Al Muratsuchi
Legislator
Because it's the final sample before it goes to the consumer.
- Janet Nguyen
Person
But it's still the same ingredients. It doesn't change.
- Al Muratsuchi
Legislator
We're not testing the ingredients, but we want to test it as closely to the consumer consumption as possible.
- Susan Talamantes Eggman
Person
So a prepackaged. Okay.
- Janet Nguyen
Person
Can I maybe ask the opponent for that? Maybe. Can you help me?
- Susan Talamantes Eggman
Person
What is it you need to understand?
- Janet Nguyen
Person
So is there a difference? Is there a difference when you're testing from the beginning, what is the difference? Test the beginning and the end. And how does the product changes or not?
- Susan Talamantes Eggman
Person
Go ahead, Larissa.
- Larisa Cespedes
Person
Thank you. And I will just say I am not a manufacturing nor production expert, so I may have to come back with more information. But my understanding of the process is that and what this bill would potentially require is that we would be required to test some of those... up to like 2000 batches a year that we're creating. And the production process of a batch begins when the raw ingredients are put in and the manufacturing process ends and that's on a loop. And I have to say that the ingredients at the beginning of the process are tested. And I know General Roth probably knows more about this than I do, so this is where I'm saying something wrong, but at the beginning of the process and that there are sample tests throughout the process, especially at the end product. But this would create a whole nother obligation that would require significantly more testing, potentially resulting in a delay of the product being to market potential, of course, increased costs. And to what end is the benefit to the consumer for all of this testing when we... additional testing, when we're already doing the rigorous testing that's being required by Codex, by the WHO, by the EU and the FDA? And I will only point out one other thing that I think there was a mention of with regards to toddler formula. That is something totally different than what we're talking about here. And we're talking about infant formula, which is safe for the small babies. Does that answer your question?
- Susan Talamantes Eggman
Person
But it's all pre-going into the package. This bill does not ask anybody to test something after it's already packaged.
- Larisa Cespedes
Person
I don't know that it says that in the language, but...
- Al Muratsuchi
Legislator
A representative sample of the final product.
- Susan Talamantes Eggman
Person
Before packaging and individual units for sale is what it says.
- Al Muratsuchi
Legislator
And Madam Chair, if I may add, I'm reading from the Assembly Health Committee analysis.
- Susan Talamantes Eggman
Person
We're in the senate now, sir.
- Al Muratsuchi
Legislator
Yes, ma'am. But I wanted to share some relevant information that would address Senator Nguyen's question, which is that the congressional subcommittee points out that corporate policy is to test only ingredients and not the final products underrepresent the levels of toxic heavy metals in baby foods. That the issue is that baby food producers may be adding ingredients that have high levels of toxic heavy metals into their products, such as vitamin or mineral additions, and that only final product testing can measure the true danger posed by baby foods.
- Susan Talamantes Eggman
Person
You may, but I just think if we can just kind of capture it is what they're asking for, right? Because you can have all your products... say you cook, right? You got all your products, you got your veggies, they're all laid out right? They're all good. But you put them all together and then you cook them. And that could change the composition of the final product or add some different right? Or add different things. It can change the composition. So testing the products, the individual components in the beginning is not the quite as the end stew.
- Janet Nguyen
Person
I understand that, Madam Chair. I guess my thing is that because FDA doesn't have I mean, what is the standard? So if I was a mom, I have a baby and I look at this product, what is the standard, what's the percentage? What is it that I'm looking for that I should not? It's kind of like earlier when we had the food product and I was talking about MSG, it's like for a lot of Asian restaurants, particularly, I'm going to just say Vietnamese, since I'm Vietnamese, is that when I look at anything that says MSG, I go, oh, I remember it caused cancer. And so we kind of did away with that several years ago within the Asian community. But what is the standard? I get the lead, but right now, you exceed it, you're not even allowed to sell it.
- Susan Talamantes Eggman
Person
That's not true, ma'am. It just says this exceeds a level that is healthy.
- Janet Nguyen
Person
Okay, so I guess for me, I don't want this to be where lots of babies not being able because... not many moms can produce as much breast milk if they choose to, where do they go? I just don't want this fatigue out there. Why? We already dealt with a shortage already and the difference between baby formula and baby food is to me, it's just almost night and day.
- Al Muratsuchi
Legislator
Well, I would point out, first of all, I know there's anxiety about the history the infant formula shortage during the COVID-19 pandemic, which was in large part due to supply chain issues and not related to issues of toxic heavy metals. Even if there were an adequate supply of baby formula, I don't think we would want our babies to be consuming the baby formula that would contain unhealthy levels of toxic heavy metals, and so this bill is just trying to provide information to the consumers. Like, for example, I don't know what the working the actual levels of, say, arsenic, but if you see on the manufacturer's website one product has two milligrams of arsenic and another product has 1 arsenic, which one would you choose? I would choose the one with less. Yes. I absolutely agree with you that it should be the responsibility of the FDA to issue those kind of guidelines to provide consumers with guidance. But short of that FDA's failure to enact such guidelines, we are trying to provide consumers with information so that they can do their homework and decide for themselves what products they want to purchase.
- Susan Talamantes Eggman
Person
Thank you. Senator Menjivar.
- Caroline Menjivar
Legislator
Yeah, thank you. I don't have kids. So when I heard you say toddler formula, I'm like, oh, it's the same thing as infant formula. Larissa just said it's completely different. So then I'm going to go back to my question of has there ever been a report saying that infant formula has the potential, has any kind of these toxins? So it sounds like it's no. And it's only toddler formula.
- Al Muratsuchi
Legislator
No.
- Caroline Menjivar
Legislator
Right.
- Al Muratsuchi
Legislator
The environmental working group through the chair.
- Susan Talamantes Eggman
Person
Back up to the microphone and is the still representing the pediatricians. And that's what the initial point was, right? That the pediatricians everybody says high levels of metals are toxic for kids, cause low IQ, cause learning disabilities, cause all kinds of things, and that people should know how much of it is in baby food and formula.
- Caroline Menjivar
Legislator
But the infant food, there's never been any kind of research around infant formula.
- Susan Little
Person
I believe there has. I'm sorry, I don't have it at my fingertips. I'm sure there has been, but what we've been talking about is the congressional investigation that was done of baby food and included some toddler formula.
- Susan Talamantes Eggman
Person
And they were horrified that the FDA wasn't doing more, which is what kind of caused a lot of this to happen. Everyone assumed everything was safe until there was a hearing. And then they're like, oh, right.
- Caroline Menjivar
Legislator
I think we've all said about the same thing. I'm just worried with some confusion causing, especially in my district with donations and preventing donations going into certain locations. I don't want to submit this as donating because I'm worried there is no supplement for that. I think someone mentioned if you don't have breast milk, That's your only option. I have the same question of why of Senator Wahab why this is infant formula is included in this. And just being able to perhaps move this forward without infant formula, just baby food.
- Al Muratsuchi
Legislator
I mean, I've been discussing with Ms. Sespidez about that option, and if it is the committee's desire to you know, be given the concerns being raised about infant formula, we can focus on baby food, but let's do that. Madam chair, I see a witness.
- Susan Talamantes Eggman
Person
Well, I think are you willing to accept that going forward, that we would strike out baby formula?
- Al Muratsuchi
Legislator
With your permission, I'd like to give her one last opportunity to address that before I make any commitments.
- Susan Little
Person
I'm sorry. Just as I the ESTM Committee staff just emailed me. They're watching the hearing to tell me that, yes, there has been documented lead in infant formula. See my analysis, staff's analysis. Attorney General brought a case against Perego in California. I just wanted to share that. Thank you.
- Susan Talamantes Eggman
Person
That's with lead that we already know that we're testing.
- Susan Little
Person
Yes, lead.
- Susan Talamantes Eggman
Person
Okay. So That's lead, That's not the heavy metals.
- Al Muratsuchi
Legislator
But it's specifically for infant formula, not just baby food.
- Susan Talamantes Eggman
Person
I go back to my question. Sir, are you willing to strike out infant formula? You hear a lot of anxiety from the committee.
- Al Muratsuchi
Legislator
Yes.
- Susan Talamantes Eggman
Person
Okay, I'll take that as a commitment. Senator Roth, Senator Rubio, Senator Wahab.
- Richard Roth
Person
I'll be very quick. Madam Chair, I confess I'm having difficulty understanding how this is going to work. You know, if you're making Coca-Cola, if they give you the formula, you could list it on the can because it's a set process. And you know how much of this and how much of that and how much of whatever here we're talking about contaminants. They're not ingredients in the baby food or the infant formula. They're contaminants. And wherever they come from, perhaps they're inside the vegetable or the ear of corn, as my colleague was talking about, because we pulled it off the stalk in Kansas and there's arsenic in the ground. It could be in the pipes somehow in the pipes in the manufacturing process that we pick up lead. But it's a contaminant, and the degree of contamination will vary depending on which vegetable it is, where it comes from, what the pipes look like, how often they're cleaned. I could see testing the product by batch at the time it pours out the end and you're pouring it into the glass or the can and take a representative sample. And if the sample that you take indicates that the degree of lead exceeds the FDA, whatever it is, FDA guidance at that time. Just like with frozen burritos, you throw the whole batch away and you work on the next batch. What I don't understand is how you can generate a label. Labeling is product. It's supply chain. Companies manufacturing products print their labels in advance. They have them available. They don't print them at the end of the production line based on the content of the batch That's coming out of the pipe. So I don't completely understand how the labeling works. I understand how testing of batches works. I understand how throwing away batches works if the representative sample doesn't meet the FDA guidelines. I just don't understand how this bill is going to work, Assemblymember. And you know me, I try to vote for everything, but I may have to stay off of this one. I'm just apologizing in advance.
- Susan Talamantes Eggman
Person
Yeah. And I would normally say something like this, we'd put it over since there is so much confusion. But you're double referred, so it makes it very difficult.
- Al Muratsuchi
Legislator
I would commit to working with this committee to make sure that we would meet your committee's requirements to address the issues raised in this committee.
- Susan Talamantes Eggman
Person
Can I just make a motion? Senator Rubio, you had a question?
- Susan Rubio
Legislator
Yeah, I want to almost like align my comments here with the general. Through the discussion, you start learning so much more because I was under the understanding that it was baby formula. And then I've heard the comments right here that it's the toddler formula. And then I know that they mentioned that there was one case that the attorney general had, but does it really say the entire industry or just this industry? So it is getting really complicated for me as well to just navigate all this information in terms of what the intent is at the end. So we're all clear. We don't want children to have lead. We're all clear. As an educator, teacher, I can tell you everything that you've discussed. I believe they discuss in terms of ADHD and everything. I mean, we get all that, right? Nobody wants to hurt children. But I'm also now... they were talking about 2000 batches a year and that they have to attest. It's getting complicated for me too. And I try to be with you on this one, but I'm starting to have second doubts just as it pertains to the baby food. Let's be clear, because I keep hearing toddler, toddler and there was some indication that there might be some testing, but not clearly. And so the toddler issue is for sure something I wouldn't support. And I think I heard you say you would take the amendment. Correct?
- Al Muratsuchi
Legislator
So there are two categories of products.
- Susan Talamantes Eggman
Person
There's no toddlers in here. I'm sorry, no toddlers. Baby formula.
- Al Muratsuchi
Legislator
Two categories, infant formula and baby food. I am committed to taking out infant formula.
- Susan Rubio
Legislator
Okay.
- Al Muratsuchi
Legislator
And I believe that may remove... Ms. Sespidez.
- Susan Talamantes Eggman
Person
Come on up. Throw sister lifeline here.
- Larisa Cespedes
Person
Thank you. Yes. If infant formula was removed from this bill, we would remove our opposition. Thank you.
- Susan Rubio
Legislator
So with that commitment, with still a lot of hesitation just over how complicated this issue is, and I don't disagree that labeling is really like ,measured product. What you put in it and everything else is sort of hard to quantify in my personal opinion.
- Al Muratsuchi
Legislator
The label would only be required for lead.
- Al Muratsuchi
Legislator
Because lead is the only chemical of the four chemicals that we call out that has an FDA action level.
- Susan Rubio
Legislator
Okay.
- Susan Rubio
Legislator
I will be supporting you, like I said, with hesitation, with the understanding that I may continue to review this, with the understanding that you will take that amendment that we've just expressed publicly. Thank you.
- Susan Talamantes Eggman
Person
Thank you, Senator Wahab.
- Aisha Wahab
Legislator
Thank you, Assemblymember. I know when we care about our bills, how difficult this is. And obviously you are doing something that is needed for the public. It's something that is desired by all people. But I also think that there is a significant amount of hesitation and concern, especially as these are our most vulnerable community members. We want to do the right thing. We also have a lot of questions. Right. Not all of us are aware of exactly what happens and how it happens. And the FDA, yes, has failed us in many ways for many decades on many items. Right. So as a courtesy, I actually will move this item for you with the consideration of obviously you've taken the Chair's/committee's amendments as well as the commitment that you've made right now to remove infant formula. I'm very happy to move this because I know that you have good faith effort in trying to do the right thing. So thank you.
- Al Muratsuchi
Legislator
Thank you very much.
- Susan Talamantes Eggman
Person
Are we all done? Okay, so we have opposition removed, taken without amendment. Just the manufacturers, it sounds like. I think Mr. Albioni left. I don't know who else. Okay. And so we're understanding you're going to take that amendment and you're going to also take our amendment that says we're not going to do any labeling unless the FDA establishes a guideline. Other than that, it's just batch testing. They put it on their website. Okay. Would you like to close?
- Al Muratsuchi
Legislator
Simple bill. Respectfully ask for aya vote.
- Susan Talamantes Eggman
Person
Glad nobody... all right. I don't know who is longer, you or Bennett. So the motion is due, pass as amended and re-referred to the committee on Environmental Quality. EQ. And we have a motion from Senator Wahab secretary. If you could please call the roll.
- Committee Secretary
Person
Senator Eggman. Aye. Eggman, aye. Min. Glazer. Gonzalez. Grove. Hurtado. Limon. Menjivar. Menjivar, aye. Roth. Rubio. Rubio, aye. Wahab. Wahab, aye. Wiener. Aye. Wiener, aye.
- Susan Talamantes Eggman
Person
That's five. And we will grant you reconsideration if the bill should fail to move forward.
- Al Muratsuchi
Legislator
Thank you.
- Susan Talamantes Eggman
Person
Okay, thank you very much. And again, this is messy stuff. So thank you all for taking this journey together. Assembly member Quirk-Silva.
- Sharon Quirk-Silva
Legislator
Good evening, Senators. Madam Chair. I was going to say it's a simple Bill, but I'm not going to say that.
- Sharon Quirk-Silva
Legislator
But this bill is all about simplifying and going faster with paperwork. And who thinks there's too much paperwork out there? Well, in this case, we have AB 1470, which requires the DHCS to develop standard forms for medical necessity criteria, mandatory screening, transition of care tools, and documentation requirements for mental and behavioral health services provided under the Medi-Cal program. As said, this Bill addresses a long standing issue of the excessive paperwork that has hindered mental and behavioral health providers from focusing on patient outcomes.
- Sharon Quirk-Silva
Legislator
And I will just say personally, as I've visited the doctor over many decades, I think we've all experienced where you have a provider that's actually doing their paperwork while they're talking to you as they're on their device, trying to make sure they can keep up with that. And that doesn't always provide the best outcomes as their interaction is much more limited because the clock is ticking and the paperwork is extensive.
- Sharon Quirk-Silva
Legislator
With me today in support of AB 1470, to answer any questions, is Ms. Victoria Kelly, CEO of Redwood Community Services, and Dr. Leona Clark, CEO of the California Council of Community Behavioral Health Agencies.
- Susan Talamantes Eggman
Person
And that's just for questions, is that correct?
- Sharon Quirk-Silva
Legislator
Yes.
- Susan Talamantes Eggman
Person
Okay, but you've already had a motion from Senator Nguyen. Okay, so does anybody have any specific questions that we need the witnesses up for? Okay. Seeing none. Anybody just wanting to speak in support now would be the time to come forward.
- Adrienne Shilton
Person
Madam Chair and Members, Adrienne Shilton on behalf of the California Alliance of Child and Family Services, proud co sponsor in support.
- Susan Talamantes Eggman
Person
Thank you.
- Sharon Quirk-Silva
Legislator
Hi. Dr. Le Ondra Clark Harvey. I'm on behalf of CBHA, California Council of Community Behavioral Health Agencies, in support.
- Susan Talamantes Eggman
Person
Thank you.
- Sherry Daley
Person
Sherry Daley with the California Consortium of Addiction Programs and Professionals, in support.
- Susan Talamantes Eggman
Person
Thank you. Welcome back, Robert.
- Susan Talamantes Eggman
Person
David Bullock in support of the Honorable Quirk-Silva's Bill.
- Susan Talamantes Eggman
Person
Thank you. Okay, thank you very much.
- Victoria Kelly
Person
Victoria Kelly, Redwood Community Services, in support.
- Susan Talamantes Eggman
Person
Thank you very much. Okay, anybody speaking in opposition to this Bill today. Concerns?
- Lisa Gardiner
Person
Good evening. Lisa Gardner with the County Behavioral Health Directors Association. We respectfully have a concerns position on this Bill. We share the author's concern for too much paperwork. It gets in the way of client care. It hurts our workforce. It gums up the system. But we believe there's significant work underway through the CalAIM initiative and we think this Bill is premature. Thank you very much.
- Susan Talamantes Eggman
Person
We hear you. And there was going to be reports in perpetuate forever, and we've just limited to two to try to address those issues while the system catches up. Okay, let's go to the phone lines. If there's anybody in support and/or opposition of AB 1470.
- Committee Secretary
Person
And ladies and gentlemen, if you're in support or opposition of AB 1470, press one, then zero. Now again: one, then zero. We do have one in the queue. Just a moment. As a reminder: one then zero. In a second. We'll go to line 469. Please go ahead.
- Thomas Renfree
Person
Good evening. This is Tom Renfree with the California Association of Alcohol and Drug Program Executives, in support. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much.
- Susan Talamantes Eggman
Person
And we hope you don't feel short shifted, but it's been a long hearing and we all like the Bill. Would you like to close?
- Sharon Quirk-Silva
Legislator
Respectfully ask for your right.
- Susan Talamantes Eggman
Person
Thank you very much. All right. And this is due passed as amended and a rerefer to the Committee on Appropriations. And you are accepting the amendments?
- Susan Talamantes Eggman
Person
Thank you very much. Secretary, please call the roll.
- Sharon Quirk-Silva
Legislator
Yes.
- Committee Secretary
Person
[Roll call]
- Susan Talamantes Eggman
Person
Thank you.
- Sharon Quirk-Silva
Legislator
Good evening.
- Susan Talamantes Eggman
Person
Hold that open. And thank you for absent members. And I am going to. Now present for Dr. Arambila. I'm going to sit right here and I pass the gavel over to our Vice Chair. I'll be brief. Thank you for allowing me to present AB 9494 on today on behalf of Senator Arambula. This will protect farm workers insured through the union and bolster the RFK medical plan. Farm workers are the backbone of the California's economy, essential to all of our communities.
- Susan Talamantes Eggman
Person
Despite their significant contributions to our state, farm workers continue to face barriers. This is a program by farm workers for farm workers. And this legislation extends a sunset provision to 2031 so they can keep providing that insurance and testifying in support is Antonio De Loera representing the UFW.
- Antonio De Loera
Person
Good evening. Antonio De Loera, Communications Director for the United Farm Workers in support of AB 494. This Bill would allow both farm workers and their employers to continue contributing financially to their own health care and allow us to continue reducing California's Medi-Cal costs. Today those state General Fund medical savings are approximately 11 million per year. AB 494 extends the sunset on this successful provision in the Health and Safety Code and adjusts the current state reimbursement cap.
- Antonio De Loera
Person
The Robert F. Kennedy Medical Plan is a joint labor management health plan for farm workers organized under the 1947 Taft Hartley Act. Through the RFK plan, the United Farm Workers and contributing employers deliver basic medical care at an affordable cost for over 6000 Californians, including approximately 2000 children. With recent changes in California law, there is a reasonable expectation the number of farm workers covered by the RFK medical plan will grow. As a result, AB 494 will further protect the state's budget by reducing the state's medical costs. We ask for your consideration. Thank you.
- Susan Talamantes Eggman
Person
Thank you very much. Anybody else speaking in support today support at this time? Seeing none. Anybody speaking in opposition? Seeing none. Oh, I'm sorry. I'm sorry.
- Janet Nguyen
Person
I was just going to let you. It's faster, Madam Chair. It's a lot faster. No opposition. Can we move to the teleconference service, please?
- Unidentified Speaker
Person
Sure.
- Janet Nguyen
Person
Moderator, can you please see if there's anybody who would like to support or oppose AB 494?
- Unidentified Speaker
Person
Yes. And ladies and gentlemen, press one, then zero. If you're in support or opposition of AB 494. Again one, then zero at this time. At this time, there's no one in the queue.
- Janet Nguyen
Person
Thank you. So thank you for all the support and opposition witnesses. We'll bring it back to discussion for Members. We have a motion. Madam Chair, would you like to close?
- Susan Talamantes Eggman
Person
Dr. Arambula, ask for your I vote. Thank you.
- Janet Nguyen
Person
Thank you. The measure has been moved by Senator Glazer and the motion is do pass and re-refer to the Committee on Appropriation. Madam Clerk, please call the role Senators.
- Committee Secretary
Person
[Roll Call]
- Janet Nguyen
Person
That Bill is 9 and 1. Is everybody here? Do we keep it open or--we'll keep the roll call open.
- Susan Talamantes Eggman
Person
Thank you. Okay, thank you very much. And now I would encourage all Committee Health Members to come. We are going to start going through the roll to move the rest of these bills on AB 659. Aguiar-Curry, did we have a motion from anybody?
- Susan Talamantes Eggman
Person
From Senator Wiener. We did? And I will say Assembly Member Aguiar-Curry did take the recommendation to have it recommended. Not expected. Okay, so that is do pass and re-refer to the Committee on Education. Secretary, please call the role.
- Committee Secretary
Person
Senator Eggman--
- Unidentified Speaker
Person
Wait a minute, it's do pass as amended.
- Susan Talamantes Eggman
Person
Do pass, as amended and re-refer to the Committee on Education. It's been a long day.
- Committee Secretary
Person
[Continues Roll Call]
- Susan Talamantes Eggman
Person
Okay, we'll hold that roll open. Moving on to AB 85 by Assembly Member Weber. She did accept the Committee amendments, and the motion is do passed as amended and re-refer to the Committee on Appropriations. And we don't have a motion. So moved by Senator Glazer. Secretary call the roll.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
Okay, we'll hold that roll open for absent Members. The next one is AB 576 by Assembly Member Weber. The motion is do pass and re-refer to the Committee on Appropriations. So moved by Senator Menjivar. Secretary, please call the roll Senators.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
Okay, we'll leave that roll open. AB 242 by Assembly Member Wood. That is do pass and re refer to the Committee on Appropriations and Deals with deleting the sunset from hospitals being able to hire doctors in critical care access hospitals. Do we have a motion by Senator Grove? Please call the roll.
- Committee Secretary
Person
[Recall]
- Susan Talamantes Eggman
Person
Okay. I was looking at her and I knew what she was saying. 418 the very well--
- Committee Secretary
Person
242 can actually go out. We have 120.
- Susan Talamantes Eggman
Person
120 on 242. That Bill is out. That Role is closed. Now moving on to the very effective Assembly Member, Gabriel. It'd be 418. The motion is do pass as amended and re-refer to the Committee on Environmental Quality and he's going to continue to look at titanium dioxide. It was moved by Senator Limon.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
We'll close that out. Senator Grove apparently is not coming back. 100. Moving on to AB 424 by Assembly Member Bryan. That is do pass and re-refer to the Committee on Appropriations with no opposition. The motion was made by Senator Grove. Secretary?
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
Eleven zero. I believe Senator Limon is coming back. If we could find out if Senator Limon is coming back. Moving on to item is on consent EB 464 Schiavo. The motion is do pass and reuper to the Committee on Transportation and it was moved by Senator Wahab. Secretary, please call the role.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
And we'll hold it open for Senator Limon. Come on down, Monique. AB 486. Cholera Long Term Health Facility Citation Appeals. That's do pass and re refer to the Committee on Judiciary. Senator Roth had some fascinating legal questions which will be answered in Judiciary. We need a motion on that?
- Unidentified Speaker
Person
No, we haven't. We have to open the roll.
- Susan Talamantes Eggman
Person
We just open the roll. This is Cholera.
- Committee Secretary
Person
[Continues Roll Call]
- Susan Talamantes Eggman
Person
That's nine to one. And that Bill is out. The roll is closed. Next up, AB 9494 by Arambula. Do pass and re-refer to the Committee on Appropriation. Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
Bill is out. 10 to one. AB 620 by Connolly. The motion is do pass and re refer to the Committee on Appropriations with the chair voting aye. Secretary.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
Okay, that's 11 to zero. That Bill is out. Roll is closed. AB 899 by Mr. Muratsuchi having to do with food safety and baby food. Because we have stricken now, he's agreed to take an amendment to take out infant formula. So this only now applies to baby food testing of the final batch and listing on the website how much heavy metals are in said food. And only when the FDA has established a guidance or action level will it go on the label. And it's going due pass as amended, and we refer to the Committee on Environmental Quality secretary, please call the role.
- Committee Secretary
Person
[Roll Call] And gives us seven. That's out.
- Susan Talamantes Eggman
Person
Okay, that has seven votes. It gets out, and we will close the roll on that one. Moving on to AB 907. Lowenthal dealing with PANDAS and PANS. Motion is do pass as amended and re-refer to the Committee on Appropriations. It's been moved by Senator Wahob. Secretary, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
That Bill is out. That roll is closed. AB 1048 Wicks, dental benefits, and rate review do pass as amended and re refer to the Committee on Appropriations.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
That's out 12 to 0. We'll close the roll on that. Moving on to AB 1060. Assembly Member Ortega do pass and re refer to the Committee on Appropriations. Secretary, please call the role.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
Okay, That's out. 12 to 0. We'll close that roll. Moving on now to AB 1168. Bennett, it's do pass as amended and re-refer to the Committee on Governance and Finance. I wanted someone to tell me which was longer, this one or the Muratsuchi one. Secretary, please call the roll.
- Committee Secretary
Person
[Roll call]
- Susan Talamantes Eggman
Person
That's out 10 zero. Now AB 1470. Quirk-Silva. She's accepted the amends and the motion is due pass as amended and we re-refer to the Committee on Appropriations. Secretary.
- Committee Secretary
Person
[Roll call]
- Susan Talamantes Eggman
Person
That's out eleven zero. We will close the role. We need to re-open the role on the consent calendar. Secretary, please call the role on the consent calendar.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
That's eleven zero. Bill is out. That roll is closed. I thank everybody for a vigorous no.
- Committee Secretary
Person
I have a few for Limon.
- Susan Talamantes Eggman
Person
We need to add on for Ms. Limon. On which Bill? Okay, let's start from the beginning. Aguiar-Curry 8659, please call the roll.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
That's out. 10 to one. AB 85, Weber. Secretary?
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
That bill is out. That roll is closed. 10. And on Weber 576. Secretary open the roll.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
File item six. AB 424. Secretary open the roll. Call the roll.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
That's 12 zero. That Bill is out. AB 464. Schiavo. Secretary open the roll.
- Committee Secretary
Person
[Roll Call]
- Susan Talamantes Eggman
Person
That bill is out 10. Let me make sure. 10 zero, that Bill is out. That roll is closed.
- Unidentified Speaker
Person
Okay, I think she just opened that up. Let me make sure that was the only anyone.
- Susan Talamantes Eggman
Person
Okay, everybody. Well, that concludes this episode of Senate Health Committee. Three of us have missing our party and we will adjourn this meeting.