Senate Standing Committee on Health
- Caroline Menjivar
Legislator
The Senate Committee on Health will come to order. Good afternoon, everyone. Please note of the items 1 through 615 we have pulled file item 12, SB812, which will be heard in next week's hearing. We have our first author. Perfect timing, Senator. We don't have a quorum, so we're going to start as a Subcommitee. Senator Umberg, when you're ready, you can begin. Senator Umberg, the floor is yours.
- Thomas Umberg
Legislator
Thank you, Madam Chair and Members. A particular thanks to you, Madam Chair, for working with us on this bill. You got overtime on this bill, so thank you very much. And thank you to Reyes Diaz and Melanie Moreno for their hard work on the bill. SB 35 establishes timelines for the Department of Healthcare Services to investigate allegations of licensed treatment at unlicensed sober living homes. Sober living homes typically are not licensed here in California.
- Thomas Umberg
Legislator
And one of the things I've learned in umpteen years of working on issues concerning corruption here in the United States and all around the world is that if you don't have transparency, if you don't have accountability, and you don't have any sort of sanction for unlawful or immoral behavior, then you're going to see a proliferation of such.
- Thomas Umberg
Legislator
One of the challenges with sober living homes, they're not licensed, and DHCS has responsibility for making sure that they're complying with the law. In other words, that they're not providing unauthorized treatment, unauthorized services. However, DHCS basically doesn't have the resources to do an adequate job of being able to respond to complaints, being able to respond to allegations of inappropriate behavior. They can't conduct site visits. They have a very difficult time, as much as they would like to do so. So that creates a void.
- Thomas Umberg
Legislator
It creates a void in which, for example, those who operate sober living homes or those who operate treatment facilities that may have a relationship with sober living homes can engage in illegal activity. So, for example, having folks come who have 30 days of treatment, 30 days of care, get basically pushed to the street, once that is accomplished, improper treatment being conducted at some of the homes.
- Thomas Umberg
Legislator
Now, what this bill does is this bill allows a county, a county to provide site visits, a county operating within the auspices of DCHS to be able to examine, or DHCS, be able to examine whatever operations are going on at the sober living home. Testifying here today in support we have a few witnesses. We have the Mayor of Santa Ana, Mayor Valerie Amezcua, and several Southern California residents here to discuss their experience living and working in sober living facilities.
- Valerie Amezcua
Person
Thank you very much. Thank you, Senator Umberg. Good afternoon, Chair and Committee Members. My name is Valerie Amezcua, and I am the Mayor of the City of Santa Ana. Residential recovery housing provides a range of benefits to some of California's most vulnerable residents, and it is critical that their needs are prioritized over profits.
- Valerie Amezcua
Person
To do this, we must ensure strict compliance with state licensing laws administered by the Department of Health Care Services, which are essential to safeguarding the well beings of individuals seeking recovery. Under current law, any drug and alcohol treatment facility that provides recovery treatment or detoxification services must obtain a valid license from the Department before operating.
- Valerie Amezcua
Person
The Department is also responsible for receiving and investigating complaints about unlicensed facilities in violation of license or law. However, a recent state audit revealed that the Department has not consistently investigated or followed up on allegations of unlicensed facilities illegally providing or advertising treatment services.
- Valerie Amezcua
Person
This failure has allowed unlicensed operators to continue to provide illegal services in residential neighborhoods without state oversight or accountability for long periods of time. SB 35 would implement the Auditor's recommendation by requiring the Department to meet specific timelines for investigating allegations of unlicensed treatment services.
- Valerie Amezcua
Person
If the Department fails to meet these deadlines, cities, excuse me, counties, can conduct site visits and enforce license laws. This will help hold the Department accountable and enable swift action to address violations, ensure compliance, and protect public health and safety.
- Valerie Amezcua
Person
SB 35 also requires the Department to conduct follow up site visits to ensure unlawful activity has stopped and investigate other facilities run by the same operator to ensure those facilities are also in compliance. By strengthening state oversight, this bill helps to ensure that recovery housing meets appropriate standards of care, improving treatment outcomes and supporting healthier communities.
- Valerie Amezcua
Person
We urge you to support this important measure. And coming from the City of Santa Ana, my city has been impacted greatly by some of these programs, many of these programs, whether it's suicidal suicides in our community, illegal activity, overcrowding, homelessness has increased, noise, the neighbors have complained.
- Valerie Amezcua
Person
There's so many things that I can share with you in the interest of time that has happened in the City of Santa Ana with the many treatment programs that we have in our city that are unlicensed and that we don't have the ability to ask the county to go in and ensure that they're providing proper treatment and services. So with that, I do ask for your support for this very important measure that will not just have an impact on Santa Ana, but that will have an impact all over. So thank you very much.
- Sequoyah Thiessen
Person
Sequoyah Thiessen. I currently reside in Los Angeles, California, and I am now a student and I do historical justice work and research. However, I started using drugs when I was about 15 as an attempt to cope with child abuse I was facing. I entered rehab at 22 years old.
- Sequoyah Thiessen
Person
The word treatment now rings very oxymoronic to me. Having come from an already traumatic background that led me into addiction, I can confidently say that patient brokering was the worst thing I ever went through. I don't like the word client. It implies that we're complicit in this.
- Sequoyah Thiessen
Person
When people are suffering from addiction and are sent to drug rehabilitation, we are at our most vulnerable. I was held hostage. I was not allowed to leave, as well as my belongings. During my time in treatment, I witnessed immeasurable... Thank you. Exploitation of myself and others.
- Sequoyah Thiessen
Person
I constantly felt like a pawn, and I was forced to watch treatment owners rack up immense wealth while simultaneously destroying people's lives and sometimes ending them. I endured violence, sexual harassment, emotional manipulation, cult like environments, and grotesque living conditions. My sobriety was commodified over and over again.
- Sequoyah Thiessen
Person
I was put into stressful situations deliberately to push me to my limits. I remember telling a treatment owner that I was in an abusive relationship, thinking that they would help me if I told them the truth. Instead, it was quickly swept under the rug and covered up.
- Sequoyah Thiessen
Person
These facilities supported and funded my sickness, codependency, and regression for their own gain. I called the police on a treatment owner at a detox and told them I was being brokered, paid to be there. Not only did LAPD not know what that was, but they overlooked me and they believed the treatment owners over me.
- Sequoyah Thiessen
Person
This shows how we're treated in society. Overlooked, not taken seriously, and even blamed for the things that happened to us. Most of my, most all of my future as a human being was completely disregarded, reduced repeatedly by forced relapses and constant displacement. My trauma was exploited in my most vulnerable moments.
- Sequoyah Thiessen
Person
And against all odds, today I'm an engaged and active member of my community and I've maintained sobriety only because I have completely disassociated with all things treatment. People suffering from addiction search and yearn for purpose. Please help us find it by protecting us at our most vulnerable. I believe California has a responsibility to recognize this crisis because you're one of the most top SUD providers in the United States. I believe it's the bare minimum. Thank you.
- Caroline Menjivar
Legislator
Thank you so much. Now is the time for me... That's five minutes. Now is the time for any me toos. Any me toos in support, please step forward. Name, organization, and your stance.
- Dani Coze
Person
Good afternoon. Dani Coze on behalf of the City of Thousand Oaks and the City of Carlsbad in support. Thank you.
- Lizzie Cootsona
Person
Lizzie Cootsona here on behalf of the California State Association of Psychiatrists in support. Thank you.
- Rocky Rhodes
Person
Rocky Rhodes, Councilman from Simi Valley and on behalf of Simi Valley, support.
- Caroline Grinder
Person
Sorry, I'm seated here. But Caroline Grinder on behalf of the League of California Cities, which is proud to sponsor SB 35, in support.
- Caroline Menjivar
Legislator
Thank you. See no others in support. Any formal opposition like to testify? I see no formal opposition. Any me toos in opposed? Name, organization. I'm sorry, it's not on. There we go.
- Trent Murphy
Person
It's on? Okay. Good afternoon. My name is Trent Murphy, here on behalf of the California Association of Alcohol and Drug Program Executives. We're the only statewide association that solely represents SUD providers. We admire and share the author's goal of ensuring that investigations are timely into unlicensed facilities, and we also think patient brokering is reprehensible.
- Trent Murphy
Person
But authorizing local governments to enforce complex state licensing laws is not the right path forward. These determinations require specialized knowledge and could lead to discriminatory actions against recovery residences protected under fair housing law. We look forward to working with the author's office on the best ways to support DHCS's implementation of the State Auditors report. Thank you.
- Caroline Menjivar
Legislator
Thank you so much. See no other me toos. Before I bring it back to the dies, Senator, are you taking the Committee amendments?
- Thomas Umberg
Legislator
Yes, we are. And we're continuing to work on some of the details as well.
- Caroline Menjivar
Legislator
Okay, bringing it back to Committee. I can kick off conversation. Vice Chair.
- Suzette Martinez Valladares
Legislator
I just wanted to thank the witnesses for their testimony. It's very powerful and important for you to be here and your voice to be heard. And thank you.
- Caroline Menjivar
Legislator
You know, I sympathize with the situation. We saw this very similar bill last year. We had a very colorful conversation on this last year. Other authors, I remember Senator Newman had a bill similar to this. Senator Allen last year had a bill similar to this. And this Committee a couple weeks ago heard another bill similar to ensuring that Department, DHCS was adhering it to a timeline that was, that wasn't lasting forever. We want answers. We want to make sure that you get answers. Is it within their preview, jurisdiction? Can we do something about it?
- Caroline Menjivar
Legislator
And some of the amendments that we're taking was to align the timeline to the timelines that we imposed in in another bill to stay consistent with that message. But one of the things that I was worried about, and I voiced a lot of this concern last year as a Member, was the ability of non-behavioral health individuals going into homes that are not licensed, that these are just homes that people live in because they're not licensed.
- Caroline Menjivar
Legislator
These are just homes and they have protections, additional protections that other licensed homes have. What I didn't want was city attorneys, law enforcement, individuals that have no training in this to go in homes and harass individuals. And we were trying to draw a balance there where we were looking to address and respond to the issues that you've brought up, but also to not harass individuals. I was worried that we were going to have this NIMBY approach where we didn't want these facilities anywhere.
- Caroline Menjivar
Legislator
And if we're not going to be supportive of these facilities, then we're going to have these individuals unhoused on the streets. And then the League of Cities are going to come back to us and say, well, they're on the streets. We have to have a balanced approach to that. So the amendments is looking to do that.
- Caroline Menjivar
Legislator
We want to be able to provide support to the Department if they don't meet the timeline, to then say to a local behavioral agency, okay, we didn't meet the timeline. There is substantial information here that is showing a violation. Now someone from the local behavioral agency can support the Department to go in and visit.
- Caroline Menjivar
Legislator
These are individuals that are trained in this area. This is their background, and those are the guardrails that were needed for us to feel comfortable moving this bill forward. I recognize this is a big issue for you, Senator, in your district. So this is why, yes, we did some overtime back and forth on this, but I think we found a place where we felt comfortable in drawing that balance. And that is why I am now recommending an aye vote on this bill. We do not have a quorum yet. Seeing anything else. Would you like to close?
- Thomas Umberg
Legislator
I learned a long time ago as a lawyer, if you have a tentative in your favor, you don't try to basically do too much. So I urge an aye vote.
- Caroline Menjivar
Legislator
Okay. When appropriate, Senator, I will entertain the motion and then we'll do a vote. Thank you so much for coming.
- Suzette Martinez Valladares
Legislator
We will be moving to file item number 15, SB 596 by Senator Menjivar. Senator, when you are ready. Just kidding.
- Caroline Menjivar
Legislator
I see an author. Senator. Sorry. The pillar there. You are recognized. When you're ready, please present file item three, SB 81.
- Jesse Arreguin
Legislator
Well, thank you, Madam Chair and Members of the Health Committee. I appreciate this opportunity to present Senate Bill 81, and I'm honored to introduce this bill. Senate Bill 81 ensures that health care spaces remain safe spaces. It requires health care providers to create non-public areas in their facilities and bars immigration enforcement from entering unless they have a valid judicial warrant or court order. This bill builds on the foundation of the California Values Act, a landmark victory for immigrant rights, codifying guidance from our Attorney General into law.
- Jesse Arreguin
Legislator
And SB 81 strengthens patient privacy protections by recognizing immigration status, whether past or present, the place of birth are confidential medical records. These are not just data points. This is deeply personal, should never be weaponized against communities. This legislation is urgent and necessary.
- Jesse Arreguin
Legislator
Health care is a human right and no one should have to choose between seeking health care and fearing deportation in California. Not anywhere in our state, not anywhere in our country. Let's be clear. Our immigrant communities are essential. They are foundational. They care for our children, grow our food, build our homes, and drive our progress.
- Jesse Arreguin
Legislator
We're bringing this bill forward not just because it's smart policy, because it's the right thing to do. This is about standing up for the people who hold this state together and making sure that when they walk into a hospital or reproductive health clinic or an FQHC in California, they are met with care and compassion and not fear and intimidation.
- Jesse Arreguin
Legislator
This bill is proudly sponsored by a broad coalition, including industry, labor, immigrant rights groups, and healthcare providers throughout the State of California, including SEIU, the California Immigrant Policy Center, the Latino Coalition for Healthy California, and the California Nurses Association. I thank everyone who has supported this bill.
- Jesse Arreguin
Legislator
With me today to testify is Vanessa Gonzalez from the California Hospital Association. And want to just lift up and thank their engagement from the very beginning in crafting this bill and ensuring that the voice of hospitals and health providers is helping shape the policies that we're bringing forward, which are really codifying the model policies the Attorney General had adopted into the law of California at a time when we know it's essential.
- Jesse Arreguin
Legislator
When Trump has rescinded the previous policy that said that sensitive places such as hospital, schools, and churches are now fair game for immigration enforcement. This is making sure that we ensure that these are safe spaces that people can get care without fear of harassment and arrest just because of their immigration status. And Veronica Palacios, an SEIU 1021 member. And I'll turn it back over to you, Madam Chair.
- Vanessa Gonzalez
Person
Thank you. Good afternoon, Chair and Committee Members. Vanessa Gonzalez with the California Hospital Association, representing over 400 hospitals and health systems in the state, here in support of SB 81. The core mission of every hospital is to provide care for all, regardless of a patient's ethnicity, national origin, or immigration status.
- Vanessa Gonzalez
Person
SB 81 strengthens protections for patients and their families against unlawful immigration enforcement actions in healthcare settings and helps maintain critical trust between a patient and their provider because no one should ever be afraid to seek care because they fear deportation. SB 81 reassures communities that hospitals and health facilities remain safe and welcoming spaces for all. We thank Senator Arreguín for his leadership on this important bill and urge your aye vote on SB 81. Thank you.
- Veronica Palacios
Person
Hi. Good afternoon, Chair and Committee. My name is Veronica Palacios, proud SEIU 1021 member and Chapter President for Alameda Health Systems in Alameda County, 4,000 members strong. I'm also an eligibility specialist, and I've been an eligibility specialist for 24 years.
- Veronica Palacios
Person
I am here in support of SB 81 because we need to keep the fear of ICE out of all California healthcare settings, from the ER to community clinics. As an eligibility specialist, my job is to enroll patients who come to the emergency room with no health coverage. As part of the screening process, I ask confidential questions.
- Veronica Palacios
Person
When asking these questions, it is essential that my patients have confidence that no matter what information they share, their data is protected and not used against them. This helps them make decisions based on their health, not fear. This takes trust. I can assure them because of the Legislature taking place and passing SB 54, the California Values Act in 2018, which protects patients and their information. We have the responsibility to assure our community that these protections extend to all care settings.
- Veronica Palacios
Person
I work with patients who are at their most vulnerable state, seeking services from heart attacks to gunshot wounds to chronic diseases such as cancer, high blood pressure, and diabetes. I connect my patients with the primary care they need so that they can get health and stay out of the emergency room. There is a fear and understood fear that our patients are facing. Healthcare workers need to feel confident when assuring our patients that ICE will not be waiting for them at their own or their child's clinic visits.
- Veronica Palacios
Person
Colleagues in community clinics throughout the state are reporting to me a steep drop in patient visits because community members feel too vulnerable sitting in the waiting room. This stops them from receiving the care they need. Some are reporting that ICE is setting up operations down the street from their clinics. Imagine coming to a clinic to see an oncologist for a new diagnosis and you see ICE down the street. Patients will skip the visits and delay getting the care that they need. This fear is not only for our undocumented patients.
- Veronica Palacios
Person
It's also a concern for our legal documented patients because, unfortunately, as we have seen in the news, legal residents are being detained by ICE. I'm urging you to support SB 81 because it is the right thing to do. It's not just about protecting patients regardless of their immigration status. It's about keeping our community healthy and strong enough to protect us all in times of crisis. Thank you.
- Caroline Menjivar
Legislator
Thank you for your testimony. Any me toos in support of this bill? Love to hear from you.
- Nicole Wordelman
Person
Nicole Wordelman on behalf of the Children's Partnership in support.
- Mari Lopez
Person
Good afternoon, Madam Chair and Members. As mentioned, we're very proud co-sponsor of the SB 81 in support.
- George Soares
Person
Good afternoon. George Soares with the California Medical Association in support.
- Angela Pontes
Person
Angela Pontes on behalf of Planned Parenthood Affiliates of California in support.
- Sandra Poole
Person
Sandra Poole on behalf of Western Center on Law and Poverty in support.
- Timothy Madden
Person
Tim Madden representing the California Chapter of the American College of Emergency Physicians in support.
- Alejandro Solis
Person
Good afternoon. Alejandro Solis on behalf of California Primary Care Association and Los Amigos de la Comunidad in support. Thank you.
- Bryant Miramontes
Person
Good afternoon. Bryant Miramontes with the American Federation of State County Municipal Employees in support.
- Rita Medina
Person
Rita Medina on behalf of the Latino Coalition for Healthy California, co-sponsor in support.
- Anallely Martin
Person
Anallely Martin with the California Immigrant Policy Center, proud co-sponsor in support.
- Monica Madrid
Person
Monica Madrid with the Coalition for Humane Immigrant Rights, CHIRLA, in support.
- Caroline Menjivar
Legislator
Thank you so much. Do we have any formal opposition? Any me toos opposed? Bringing it back. Colleagues, comments, questions? Senator Durazo.
- María Elena Durazo
Legislator
Thank you very much. I just want to thank the author. This is one of the many things that we all have to do as a single community to watch out for each other. There are some very ugly things starting to happen and get away from us. And the more that we could remind our community that we are all together watching out for each other, no matter where you are, no matter what you do. It's also a way of protecting our democracy in this country because people should not feel afraid to go to school, to go to work, to go to the doctor. We need to protect that as well. So I'm really glad to see the bill, and I move the bill when it's appropriate.
- Caroline Menjivar
Legislator
Senator, thank you so much for this. I'm reminded of 2019 during the public charge conversation, and we saw a lot of individuals, our communities just stop seeking health care services. And now we're seeing that as well. I talked to providers in my district, FQHCs, they're saying our lobbies are empty. People are not coming and getting checked up.
- Caroline Menjivar
Legislator
This bill is very important to ensure everyone knows, here in California, you should be getting treated. And we're gonna put back into our motto and our message that we're gonna protect these sensitive spaces. And I thank you for bringing that to this Committee and to our body. And when we have a quorum, I will entertain that motion. You may close.
- Jesse Arreguin
Legislator
Well, we welcome co-authors, and this is an urgency bill. And I think it's absolutely critical that as this moves forward, and he thinks it's going to go to Judiciary next, that we try to move this expeditiously through the process because we can't wait. As you said, you know, enforcement actions are happening outside of health facilities right now. People are afraid to get medical care. And the fundamental principle of this bill is that health care is a human right, and people should not be afraid to seek critical emergency or medical care because of their immigration status. I respectfully ask for an aye vote.
- Suzette Martinez Valladares
Legislator
We are now going to be moving to File item number 15, SB 596 by Senator Menjivar. Senator, you are recognized when you are ready.
- Caroline Menjivar
Legislator
Thank you. After years of hearing anecdotal stories, concerns from nurses, our healthcare staff, of the lack of enforcement of nurse ratio, nurse staffing ratios, this body, the Legislature in 2019, established financial penalties specifically for nurse staffing ratio violations. So that's already in law.
- Caroline Menjivar
Legislator
However, this bill, however, that bill recognized that there are situations that are out of the control of hospitals. So it made a good faith effort to provide exemptions for hospitals who were really looking to cover and help with the staffing ratios so they wouldn't be subject to a fine.
- Caroline Menjivar
Legislator
So in order for a hospital to demonstrate in good faith that they were working to address the staffing ratios, the bill allotted the hospitals to call what's called an on call list that they can say, we've exhausted this list, we've called individuals on this on call list.
- Caroline Menjivar
Legislator
However, that bill did not define what an on call list is. And as legislators, we understand how important the details in these bills are to ensure that they're as successful as possible. Here we are for 2.0. We're looking to define what the on call list and that is what SB596 is looking to do.
- Caroline Menjivar
Legislator
We want to make sure that we have a definition of this on call list to ensure that it requires 10% of the nurse staff to be able to respond to an unexpected increases in the volume of patients, as well to cover nurses who cannot come into work for their regularly assigned shift.
- Caroline Menjivar
Legislator
The bill also makes clarifying information to the enforcement of nurse ratios, including clarifying that violations on separate days should be treated as separate cases because what we're seeing, they're being aggregated and the violations are happening on different shifts and different days and they should be treated as such individual cases.
- Caroline Menjivar
Legislator
Finally, you probably all have seen or have not a series of articles regarding the horrendous treatment of individuals in our for profit psych hospitals that have spanned for years, have resulted in deaths, have resulted in sexual assaults, and unfortunately, it's because we have not for decades now implemented a staffing ratio regulation for nurses in psych hospitals that we should have done about 20 years ago.
- Caroline Menjivar
Legislator
Now, the body is not looking to implement those regulations. We just want in this bill to give the Department Authority to do emergency regulations so that they come up with the regulations to address the horrendous situations and the lack of care of individuals in the for profit psych hospitals.
- Caroline Menjivar
Legislator
Obviously, I would love to see these be done in the budget and maybe in the May revise, we'll see this. But until then, I want to continue carrying this in my bill to let the Department know that we're taking the situation seriously and we need to make sure that that gets addressed.
- Caroline Menjivar
Legislator
As noted in the analysis, I'm accepting an amendment from the Committee to allow nurses to be to allow nurses assigned to float pools to count towards an on call list.
- Caroline Menjivar
Legislator
We took this after having conversations with the oppositions because again, we want to make sure that hospitals who are working in good faith do have the flexibility and ability to have their version of on call list be eligible under this under this bill.
- Caroline Menjivar
Legislator
I know they have additional concerns and we will continue as we have to have those conversations to address them as the bill moves forward. With that, Madam Chair, I'd like to now turn over to my witnesses.
- Suzette Martinez Valladares
Legislator
Thank you. To our key witnesses and support. Please state your name and you each have two minutes, two and a half minutes. Thank you.
- Joyce Powell
Person
Good afternoon. My name is Joyce Powell and I'm an emergency Department nurse at Providence St. Joseph's in Burbank and I'm a proud member of SEIU. One to one RN. Today I'll be speaking about the issue that I, like too many of my fellow nurses, deal with every day and it's unsafe staffing.
- Joyce Powell
Person
I'm grateful to you, Senator Menjivar, for standing with the frontline nurses to ensure that we can deliver high quality patient care safely by raising the need for for increased transparency and enforcement in the Budget Committee last year and authoring this bill and to UNAC for joining us in this fight.
- Joyce Powell
Person
SB596 builds on our previous work for safe staffing and hospital accountability. SB227, which became law in 2019, directed CDPH to fine hospitals for inadequate staffing. But during the pandemic and with the waivers, enforcement and accountability relaxed while nurses were understaffed on the front lines today, many nurses still report the unsafe staffing.
- Joyce Powell
Person
Per SB227, fines are meant to deter hospitals from violating the staffing laws that have been on the books for 20 years. But without the enforcement, hospital administrators treat these laws as guidelines.
- Joyce Powell
Person
Hospitals are required to have appropriate staffing with a narrow exception if the fluctuation is unpredictable and uncontrollable, with prompt efforts made to maintain required staffing and if the hospital has exhausted its on call list.
- Joyce Powell
Person
Even with nurses calling out unsafe staffing, we see some hospitals failing to live up to the spirit of the law regarding an on call list. They text or calling only a couple nurses to help cover when staffing is short.
- Joyce Powell
Person
Every nurse knows that nurses have too many patients, that nurses that have too many patients mean lives are at risk. So we all try to be flexible and jump in when we can.
- Joyce Powell
Person
But if we've been just working for three days in a row or have personal commitments, we can't drop everything to make up for management's not planning. SB596 will ensure that we have a real on call list, a needed standard for patient safety with dedicated nurses who can step in when we need support.
- Joyce Powell
Person
As an emergency room Department nurse of 27 years, I accept and expect uncertainty, even chaos. Drop up your comments. Thank you. Oh, finish. Oh, okay. I'm sorry. In every shift, that's the job. We nurses are up to the challenge, but we need enough staff to do our job safely. We strongly support SB596 and urge an Aye vote.
- Matt La Jay
Person
Thank you very much. Matt La Jay on behalf of SEIU, CA Our witness, our other witness was delayed a little bit, so I appreciate the opportunity to speak. I want to thank Senator Menjivar for carrying this bill and the work by her staff and the Committee staff on it.
- Matt La Jay
Person
This is a really important bill, making sure that we're tightening up a couple places in the law. Look forward to continued conversations with the hospital association about how we can implement this.
- Matt La Jay
Person
There's definitely concerns and, you know, want to work with them on that, including, you know, how does this get implemented for rural hospitals, urban hospitals and so forth. So look forward to those continued conversations and making sure that we can have something where patients are always getting the care they need.
- Matt La Jay
Person
Happy to take any additional questions that folks have if they have it. So thank you.
- Suzette Martinez Valladares
Legislator
Thank you. We'll now move to the Committee room. Is there anyone else here in support of this bill? Please state your name, your organization and your position.
- Bryan Montes
Person
Good afternoon, Bryan Mayor Montes, with the American Federation of State County Municipal Employees in support.
- Monica Bustamante
Person
Good afternoon. Monica Bustamante, registered nurse, 24 years, proud Member of SEIU 121 RN in support.
- Peter Cedar
Person
Peter Cedar, UNAC, UHCP Executive. Vice President, also a nurse for over 20 years. I stand here in support.
- Suzette Martinez Valladares
Legislator
Thank you. Seeing no other me toos. We'll now move to any key witnesses in opposition. Thank you. Please state your name, your organization and you have two and a half minutes. Great.
- Kathryn Scott
Person
Katherine, I haven't done this before. Five minutes. Katherine Scott with the California Hospital Association. Do appreciate the work of the author and staff as we've worked through this issue. Nurse staffing is A balance for our hospitals, it can be based on historical census, it can be based on anticipated surges. It's really an art and a science.
- Kathryn Scott
Person
So in many cases, as we are managing multiple floors, we are often staffing below ratio actually to manage again, even just a late nurse or whatnot, you know, even breaks, et cetera. So for us it's. We always like to make sure we're utilizing our resources appropriately as well as managing healthcare costs.
- Kathryn Scott
Person
I think the remaining issues in the bill really are focused on three areas.
- Kathryn Scott
Person
First, we want to make sure that as we consider that 10% or what that pool looks like, when we look at the nurses, we're looking at those staff nurses, those patient nurses, not necessarily the management nurses, those nurses, it's often management is nurses who move up the ladder. Many of them have a registered nurse license.
- Kathryn Scott
Person
They're required to keep that. So we want to make sure we're really focusing on the staffed beds as well. So it's really our second issue. Are we talking about the beds we're staffing? Because our census raises and fall, rises and falls. Birth is a good. I looked at the numbers last night. September, really popular month for babies.
- Kathryn Scott
Person
January, February, not so much. So these are times where we may staff more in L and D, staff less in L and D. Right. So I'm betting half this room has a birthday in September, apparently. So, you know, again, really managing how we staff is important.
- Kathryn Scott
Person
So when we think about what is a mandatory on call list, how we manage that list because we are paying those nurses to be on call is critical so that we can ensure we're also managing the resource. So again, appreciate the work.
- Kathryn Scott
Person
No, we'll continue conversation but these are important discussions as we think about those fines on the other side. Right. So if the fine process is tightened, we're now looking at $15,000 fines for a nurse that might be late that an on callist might not have been able to manage.
- Kathryn Scott
Person
And do appreciate the float pools, that's frankly where we're going is a float pool option. Our hospitals are looking at just scheduling nurses, knowing that they are, they do now knowing that they're going to be off. So what does that float pool look like?
- Kathryn Scott
Person
Right, so we're not sending nurses home because we over compensated in the float pool space as well, which will equally as frustrating to those nurses who came in and then were sent home.
- Suzette Martinez Valladares
Legislator
So thank you. Thank you. Are there any other individuals or organizations here that would like to express their opposition? If so, please come forward. State your name, your organization and your Position only. Thank you.
- Ahwad Kidani
Person
Good afternoon, Madam Chair. Ahwad Kidani, representing the California Children's Hospital Association, aligning our comments with our colleagues. At the hospital Association. Thank you very much.
- Meghan Loper
Person
Good afternoon. Megan Loper, on behalf of the United Hospital Association, we too would align our comments with those of CHA. Thank you.
- Sarah Bridge
Person
Good afternoon. Sarah Bridge, on behalf of the Association of California Healthcare Districts here, respectfully oppose unless amended. Thank you.
- Suzette Martinez Valladares
Legislator
Seeing no others, we will bring it back to the Committee. Senator Weber Pierson.
- Akilah Weber Pierson
Legislator
Thank you, Chair. Thank you, Senator Menjivar, for bringing this bill forward and allowing for us to have these conversations.
- Akilah Weber Pierson
Legislator
You know, we really want to ensure that above all, our patients are safe in our hospitals and that our providers, whether they're physicians or nurses or whoever happens to come in between, are not burnt out because of the amount of hours and the amount of days that they need to work.
- Akilah Weber Pierson
Legislator
I think this problem really needs to be fixed by increasing the number of nursing slots we have for our nursing schools in California. But that's a whole other issue.
- Akilah Weber Pierson
Legislator
And another Committee, I too was kind of struck by the language that said all nurses would be included in this understanding that many have stepped away from the clinical space and are more in the administrative realm and may not have even touched a patient in the last 51015 years.
- Akilah Weber Pierson
Legislator
And so, you know, I would be a little concerned if a nurse who has not actually been in the clinical realm was put into that pool and then ultimately in the ICU and the emergency room, labor and delivery like that just does not work.
- Akilah Weber Pierson
Legislator
And so, and also I'm interested to see how you will deal with the issue of the fluctuations in the hospital census and how that's going to impact the hospital call list or whatever on call list. And so I look forward to seeing what this bill will be with future amendments, you know, once it gets to the floor.
- Akilah Weber Pierson
Legislator
And I definitely applaud you for, for taking on this issue and trying to figure something out that works. Thank you, Senator Richardson.
- Laura Richardson
Legislator
Thank you, Madam Chair. Well, unfortunately, on my behalf, I've had some pretty serious family situations where my now 87 year old mother has been in the hospital multiple times. And I'm quite familiar with waiting, particularly with shift changes.
- Laura Richardson
Legislator
Sometimes a person will say, zero, the next person who's coming on, you know, will help you with bringing your meds or whatever. And depending upon the seriousness of that particular person, you may actually wait a little while because they may have to check somebody else who's perceived to be in a much serious situation.
- Laura Richardson
Legislator
So I am concerned that we have adequate nursing support and staff Staffing. I'm also equally concerned, however, and I want to ask a clarifying question that I know a lot of hospitals now, we don't have as many hospitals as we used to. Many are consolidating or unfortunately closing some of the smaller ones.
- Laura Richardson
Legislator
So in my district, some of the hospitals I know are using a floating pool and I think I missed the acceptance. The author, if you could.
- Laura Richardson
Legislator
Author and Chairwoman, could you please confirm that it is my understanding you guys are having a discussion about how to consider the floating pool similarly, as you are with the other, I guess, on. On call pool because that is used a lot in my district.
- Caroline Menjivar
Legislator
Through the chair. Thank you. No further conversation. Seated. I took the amendment, so that is going to be allowed as a eligible approach they can take.
- Laura Richardson
Legislator
Okay. Well, finally, I just want to say for all of us here in health care, we're lucky to have Senator Manjavar.
- Laura Richardson
Legislator
She works quite hard and is very concerned about the healthcare of California and so, so glad of your leadership, not only on this Committee, but your leadership and the care that you take in the legislation you bring forward. So I look forward to supporting it with that amendment being accepted. Thank you.
- Suzette Martinez Valladares
Legislator
Thank you, Senator. To the author. I can definitely empathize with where you're coming from, your heart and your mind on this issue. You know, having been a patient myself, I was in a very severe car accident a week before my wedding and ended up fracturing seven ribs. I punctured my lung, fractured my sternum.
- Suzette Martinez Valladares
Legislator
I was in the hospital for three weeks and really understand the difference in health care when you have available nurses. I completely understand this. However, I have some major concerns about the Bill. And is this 10% threshold arbitrary? Is it going to make it harder for hospitals and more expensive?
- Suzette Martinez Valladares
Legislator
And right now I am solely focused on making sure that we're not increasing, increasing health care costs for patients. And I worry about our rural hospitals who this could be posed very, very challenging and thus costly. So I would like to ask one our sponsors, why the 10% threshold?
- Caroline Menjivar
Legislator
And before I can respond, I fully 100% recognize that we need to come. We need to continue redefining that 10%, 100%. And we've had those conversations with Cha on that. And in those conversations, that's how I got to the float pool of recognizing that was an issue.
- Caroline Menjivar
Legislator
We want to make sure that we allow different options for hospitals to meet. This is not a one size fits all. So on the 10% have been open door and welcome. We haven't received any language yet on what they want us to is look at for amendments. So I have nothing in place to look at.
- Caroline Menjivar
Legislator
So once we get that language, we'll be looking at it. We just didn't get it before this Committee. So I have committed to continuing to work on that once we get that. The second part you brought up is one smaller hospitals, 100% recognized it's not a one size fits all. Different hospitals, different approaches.
- Caroline Menjivar
Legislator
And once we get proposed amendments on that, we'll be able to look at that as well. Again, just haven't received anything just yet.
- Suzette Martinez Valladares
Legislator
So to the opposition, could you speak to one how challenging this could be for rural hospitals and what the impact might be?
- Kathryn Scott
Person
Sure. A couple of things. For rural hospitals they could use a myriad of different approaches, which is why it's difficult to come to a set of amendments. So you know, again, we're kind of working with the field to find a place and it's not easy. So this is not an easy approach.
- Kathryn Scott
Person
You could have rural hospitals are using travel nurses and those travel nurses could be assigned working some days but then assigned to on call or could be available but not necessarily called on call.
- Kathryn Scott
Person
So it's really managing that because some of our rural environments, it's really hard to attract folks to live there when they can get a higher rate someplace else or when they may have, you know, they may want to live in an urban or suburban environment. So we really struggle to get folks in rural environments.
- Kathryn Scott
Person
And then also how we account for that 10% could be we are using managers as our on call nurses because frankly it's an environment where, you know, the nurse manager may be the one who's both the scheduler and the one who's available because there's four nurses to the whole hospital depending on the size of the hospital.
- Kathryn Scott
Person
I'm thinking of one up north where literally there are four nurses. And so when one of them calls out, you know, they're calling the manager because the town is that small. So how you legislate that, not easy.
- Kathryn Scott
Person
And then generally I think when we think about our rural environments, it's also are we paying for on call if you're using a manager? I mean when you're thinking about these environments where it's not one Department, you know, it's not a hospital that has seven departments because a lot of our hospitals will have seven different departments.
- Kathryn Scott
Person
Your community hospital, you can kind of think through issues. But when you have one hospital with four nurses, it's a catch is catch can in some situations. So legislating that, putting that in language is not easy.
- Suzette Martinez Valladares
Legislator
So you know, I represent what is known as a healthcare desert, you know, and our hospitals are struggling and there's been lots of conversations in this building about the looming Federal Government potential cuts to health care. And our hospitals in California are already struggling.
- Suzette Martinez Valladares
Legislator
So I have some major concerns on whether or not this becomes even more debilitating for them if passed and implemented. So it's too far for me to support today. I'm going to oppose it, but would love for it to get to a place where I could support it. Yeah. And you may close.
- Caroline Menjivar
Legislator
Yeah. Thank you. Thank you. I've got to make it known that this is already in statute. Right. This is staffing violations. We passed this years ago and there hasn't been a heavy hand whatsoever on these hospitals at all. I mean I barely scratched the surface of healthcare worker. I'm not a physician, not an rn.
- Caroline Menjivar
Legislator
I was just a little emt. But I had a drop off patients on endless amount of hospitals in all of Los Angeles County. And holding the WA because nurses were short staffed was. I hated that time because I had a patient on a gurney for hours because there weren't enough nurses for me to give a report to.
- Caroline Menjivar
Legislator
The charge. Nurses were really spread thin. Like I've seen this firsthand. And it's not just our ERs, it's because there's no room in the ICU and you can't open up a bed in the ER. It's a domino effect. So this is a situation that impacts patient care like Senator Richardson mentioned.
- Caroline Menjivar
Legislator
And also we don't have the workforce necessary to keep up with the healthcare demands. We are, we don't have enough RNs. And I know we've. Dr. Robert Pearson talked about something that isn't within this bill but the workforce investments is really key.
- Caroline Menjivar
Legislator
But if we don't do that investment and we don't also help with staffing ratios, we are double putting pressure on our healthcare workers and not supporting them whatsoever. I want my healthcare workers to be supported. I want to make sure the hospitals have options to make them be as supportive as possible.
- Caroline Menjivar
Legislator
Because hospitals don't want to have print out nurses either because then patients don't go to those hospitals. It's a win win for everyone. And I already recognize that we do have to come back to the table to redefine the 10% and we will redefine the 10%.
- Caroline Menjivar
Legislator
I also recognize that we need to look at and I know it might be difficult but even if we don't get any proposed amendments. I'm still myself with the sponsors and the staff going to be looking to redefine and look how we can help and address the small and rural hospitals with that.
- Suzette Martinez Valladares
Legislator
Unfortunately, we do not have quorum still. So we're going to move to File Item number 11, SB403 action. Actually, you want to move to Wahab first? Yeah, yeah. We're going to move to File Item number four, SB257 by Senator Wahab.
- Caroline Menjivar
Legislator
Moving on file item four, SB 257. Senator Wahab, you may begin.
- Aisha Wahab
Legislator
Thank you. Chair and committee members, members of the public, I want to thank the committee staff for their help with this bill. Health insurers are mandated by the state to cover maternity health care services. But they increasingly been skirting that requirement by demanding reimbursement for that coverage by placing liens on surrogacy contracts. They collect premiums and deductibles and then turn around and pass on the financial burden onto the intended parent.
- Aisha Wahab
Legislator
SB 257 would affirm that health plans cannot discriminate against policyholders for serving as gestational carriers, which will ensure that surrogates have access to quality health care and that surrogacy continues to be a family building option for Californians struggling with infertility.
- Aisha Wahab
Legislator
It will also add pregnancy as a qualifying life event for health insurance enrollment so that every pregnant person can access affordable health care. Here today in support of SB 257 are Sarah Page, President of the Insurance Access and Equality Alliance and a licensed insurance agent focused on assisted reproductive insurances, and Dr. Jason Angel, Board Member of the Insurance Access and Equity Alliance and a licensed clinical psychologist.
- Jason Angel
Person
Thank you, Chair and members of the committee for the opportunity to speak today. My name is Dr. Jason Angel. My husband and I are the proud and busy parents of twin toddlers thanks to the help of an amazing surrogate.
- Jason Angel
Person
I'm here to ask for your support of SB 257 so that families like ours don't face the same discrimination we did. We spent years of dreaming of having a family. As a same sex couple we needed assisted reproduction through surrogacy.
- Jason Angel
Person
It was a long, emotional process. Matching with the surrogate, going through IVF, securing special insurance, all to make sure everyone would be protected. The process was remarkable. The sting of discrimination began when it came time to give birth. First, we were told we couldn't be present at our children's birth because Kaiser didn't consider us the parents.
- Jason Angel
Person
After pleading with the medical team, they let us in moments before delivery. It was humiliating and stressful. From there, things only got worse. Starting the next morning, while caring for our newborns, the hospital's billing department called us nine times demanding payment. Even though everything was covered by insurance.
- Jason Angel
Person
They said this only happens in these type of situations, meaning surrogacy. With surrogacy, insurers in California can demand a reimbursement from payments made to surrogates, even though all premiums and deductibles are paid. Just because she's a surrogate. This doesn't happen with any other kind of pregnancy.
- Jason Angel
Person
Nevada has already outlawed this form of discrimination and we should follow the same steps. I urge you to support SB 257 so that all California families, including those formed through surrogacy, are treated with the dignity and fairness they deserve. Thank you.
- Sarah Paige
Person
Thank you, Chair and committee members, for the opportunity to speak as well. I am Sarah Paige. I'm the Chief Operating Officer of ART Risk Financial and Insurance Solutions, the nation's leading California insurance agency located in Valencia, California.
- Sarah Paige
Person
We focus on the needs of those in the assisted reproductive field, and we've been supporting over 20,000 families on their path to parenthood. I'm here today to urge you to support SB 257, which closes a harmful loophole in the health insurance market. One that allows insurers to discriminate against people who turn to surrogacy to build their families.
- Sarah Paige
Person
Here's the issue. For a pregnant woman acting as a surrogate, some health insurers demand a right to reimbursement from the surrogate's compensation and then threaten to seize it over the coverage of maternity medical expenses. Even though the insurer knew the policy was bought to cover a maternity for a surrogate pregnancy, and premiums as well as deductibles have been paid in full, creating what we consider to be an illusory benefit.
- Sarah Paige
Person
In most cases, the intended parents, who already face significant costs, are forced to pay the lien. No other pregnant woman or couple is treated in this manner. This practice is a form of discrimination based on how and why a woman is pregnant. SB 257 also asks for pregnancy to be a qualifying life event for enrollment and insurance.
- Sarah Paige
Person
Pregnancy is one of the most medically risky experiences a woman can face. While the ACA expanded coverage options for many individuals and families, some pregnant women continue to encounter barriers to accessing gaps in coverage. Passing SB 257 will help pregnant women obtain timely access to adequate health care coverage that meets their needs.
- Sarah Paige
Person
In closing, SB 257 ensures all pregnant people are treated equally under the law. Life should not begin with any form of discrimination. Again, when it comes to surrogacy, insurance companies are selling illusory benefits. The insurers are paid premiums and then repaid for the medical expenses covered by the policies that they sold. I respectfully ask you to vote yes on SB 257.
- Caroline Menjivar
Legislator
Thank you so much for your testimony. Now is the time for any me too's and support.
- Timothy Blood
Person
Good afternoon, Timothy Blood, Consumer Attorneys of California in support
- Craig Pulsipher
Person
Craig Pulsipher for on behalf of Equality California in support.
- Bryant Miramontes
Person
Good afternoon, Bryant Miramontes with the American Federation of State County Municipal Employees, in support.
- Ryan Spencer
Person
Brian Spencer on behalf of the American College of OBGYN's District 9 in support.
- Lisa Stark Hughes
Person
Lisa Stark Hughes from GS moms in El Dorado County, in support.
- Robert Rettenmaier
Person
Robert Rettenmaier from the Law Offices of Robert Rettenmaier, in support.
- Molly O'Brien
Person
Molly O'Brien with the International Fertility Law Group and a Board Member of the Insurance Access and Equity Alliance, in support.
- Ethan Weisinger
Person
Ethan Weisinger Principal of Bay Area Family Law Center and intended parent twice over in support.
- Jessica Busman
Person
Jessica Busman, owner of Surrogacy Partnership in Brentwood, California, two time surrogate in support.
- Dawn Baker
Person
Dawn Baker, CEO and founder of US Surrogacy LLC in Placer County, former infertility patient, in support.
- Brooke Kimbrough
Person
Brooke Kimbrough, CEO and founder of Roots Surrogacy and former gestational carrier, in support.
- Virginia Hart
Person
Virginia Hart, founder and CEO of ART Risk Financial Insurance Solutions in Santa Clarita, California, very in support.
- Janelle Hammett
Person
Janelle Hammett, Surrogacy Journey Director for NewGen Families and two time surrogate, in support
- Kimberly Surratt
Person
And if I may, Kimberly Surratt, Vice President of Insurance Access and Equity Alliance, California and Nevada attorney who did the Nevada legislation and I'm in support.
- Caroline Menjivar
Legislator
Thank you so much. Any formal opposition please come. We can have you, Ma'am, can I have you just switch over over here so they can both sit.
- Steffanie Watkins
Person
Madam Chair and Members, Stephanie Watkins, on behalf of the California Associ, I almost said yours, Association of California Life and Health Insurance Companies. Regrettably, we are here today in opposition to SB257 which would make pregnancy a qualifying event for special enrollment for health insurance.
- Steffanie Watkins
Person
As many of you remember, in 2014 the Affordable Care Act was fully implemented in California and along with came with it many important changes in the health care market, one of which was that guaranteed issue coverage was extended into the individual market, allowing individuals and families to have full access to purchase health care without any pre existing condition limitations.
- Steffanie Watkins
Person
Since coverage is now afforded on a guaranteed issue basis regardless of medical history, the trade off to ensure a healthy robust market was to implement an individual mandate to have coverage and limit enrollment to an open enrollment period annually and subsequent special enrollment periods that were based on General life events.
- Steffanie Watkins
Person
The concern was if enrollment was available year round without limitations on coverage, the insurance market would become unstable, which is what we saw in Washington state in the 1990s. With that being said, current special enrollment periods are limited to what we call qualifying life events.
- Steffanie Watkins
Person
Specifically, these events include when an individual moves, they get married, they add to their family, they lose employer sponsored coverage. These types of narrow exceptions to the annual enrollment period take into account the reality of our lives while also protecting the integrity of the market.
- Steffanie Watkins
Person
The important thing to note is that the current special enrollment periods are generic in their application and evenly apply to all enrollees and insureds and are not tied to any one specific condition, disorder or disease, which we think is critical distinction.
- Steffanie Watkins
Person
Unfortunately, while we appreciate the author's intent to expand healthcare access to women when they are pregnant, we are very concerned about opening the door to creating conditions specific special enrollment periods that inevitably will favor one condition over another.
- Steffanie Watkins
Person
As many of you know, a critical piece of ensuring that California has access to affordable quality health care is to continue to encourage and incentivize consumers to purchase health care even when they don't need it, so that California's healthcare market remains affordable for everyone.
- Steffanie Watkins
Person
Unfortunately, as drafted, we believe that SB257 undermines that goal by allowing people to go without coverage until they need it. Lastly, I would like to note that the CHIPRB analysis does acknowledge that this bill would increase annual net expenditures by 69 million, potentially resulting in a $2 per Member per month impact on the individual level plans.
- Steffanie Watkins
Person
For those reasons, we are opposed to the bill today, but remain committed to working with the author and sponsor if the bill does move forward. Thank you.
- Olga Shilo
Person
Madam Chair and Members. My name is Olga Shiloh. And I'm here on behalf of the California Association of Health Plans, which collectively provide healthcare coverage to over 28 million Californians and are dedicated to ensuring access to high quality, affordable health care.
- Olga Shilo
Person
I'd like to align my remarks with those of my colleague from ACLI and share our perspective on the bill. We sincerely appreciate the intent behind SB257 to enhance access to maternal health care coverage. However, we are concerned about the fiscal implications of benefit mandates, and at this time, we must remain respectfully opposed.
- Olga Shilo
Person
At the time when the state is grappling with healthcare affordability and budget uncertainty at the state and federal, federal levels, we believe mandates could place additional strain on families and employers alike.
- Olga Shilo
Person
Additionally, the state is proposing a new essential health benefits package that will undoubtedly lead to increased premiums, with a potential 2% premium increase to cover these benefits, a cost that will further strain the affordability of healthcare for many Californians. While we respectfully oppose SB257, we remain committed to working with the author and the sponsors.
- Olga Shilo
Person
We welcome continued dialogue and collaboration if the Bill moves forward, forward through the process. Thank you for your consideration.
- Caroline Menjivar
Legislator
Thank you. Any #MeToos in opposition? Seeing none. So coming back, Vice Chair.
- Suzette Martinez Valladares
Legislator
So lots of voices from Santa Clarita in the room today. Well played, Senator.
- Suzette Martinez Valladares
Legislator
I will be supporting your bill. Thanks for bringing it forward. Thank you.
- Caroline Menjivar
Legislator
You know, California has made great strides in ensuring that we provide access to health care, ACA healthcare for all through Medi Cal. And the goal is to ensure, like you mentioned, that they sign up not just when there's an illness, a disease or an injury. It's when you're healthy and it helps make the pool less high risk.
- Caroline Menjivar
Legislator
Right. I recognize that. And you mentioned that there's still some gaps that people face. I'd be naive to say that everybody in California has health care coverage, even though we've worked so hard to ensure that there's going to be ones and twos who don't have it.
- Caroline Menjivar
Legislator
And it's really unfortunate to then get pregnant and not have coverage for that pregnancy, especially when we're seeing birthing parents or breathing individuals not survive these instances. Right. We need to make sure that they have the resources necessary. We did talk to, you know, I was worried about the risk pool, had conversations with Covered California.
- Caroline Menjivar
Legislator
I wasn't able to get information on that, but it didn't seem like the risk pool, at least for Covered California, was going to be at a level that that was going to be at a level that wouldn't allow me to support this bill with my personal work with SB729 and ensuring that fertility services was covered.
- Caroline Menjivar
Legislator
This is the next step, right? Yes. Fertility services covered, but what comes after that? Right. Once you do get pregnant, we want to make sure the next level of services do get covered. Thank you for sharing your story with me. And I want to really a special thank you to those who are gestational carriers or surrogates.
- Caroline Menjivar
Legislator
You provide a blessing to individuals that I don't think anyone can really fully thank you for that because you're allowing individuals to have a family and a child. So thank you so much for coming and providing that support on that. So I did hear some of the concerns there.
- Caroline Menjivar
Legislator
I know you mentioned EHB and the premiums that are going to be increasing there. It wasn't enough for me to not support this bill. I didn't. I think the Senator here is elevating an issue that's really important for a lot of Californians, which is why I will be supporting this bill. Yes, Senator.
- Akilah Weber Pierson
Legislator
It was because of something you said. Okay. So I guess I'm just wondering like we have so many people here in California who are insured. I mean, how many people are we talking about?
- Akilah Weber Pierson
Legislator
You know, I think it's great to throw out numbers, but how many people who are gestational surrogates are not currently having health insurance?
- Steffanie Watkins
Person
Sorry, I'd have to go back to the CHIPRP analysis. Does I think it's feel like it was in the 6500. It wasn't like a huge number, but the piece of it from our concern is the carving out of a condition specific special enrollment versus where does that begin? The conversation of cancer and other.
- Akilah Weber Pierson
Legislator
No, I completely understand that. Right. And I think that is a risk with this Bill, to be quite honest with you, especially in the, you know, federal landscape that we are in with this current Administration. Having something that specifically targets one group of people is something that our this current Administration has, you know, whatever.
- Akilah Weber Pierson
Legislator
But anyway, that is, that is a risk. Right. But my question was really more so 6368 how this is going to like financially impact Californians as of right now that have health insurance because we have expanded it so much. And that was something that the chair brought up. And so that's why that triggered my question.
- Caroline Menjivar
Legislator
I do this to her in sub 3. She does. She really does. Yes. Yes.
- Steffanie Watkins
Person
So I think the most, I mean what we look at too is the expenditures and that While it was a really small number, I think I was taken a bit by the $2 per Member per month impact to the individual market, which was much higher than we often see.
- Steffanie Watkins
Person
So I think the expectation is, while small number may be a large impact either way, I think our overarching issue is not necessarily with this as much.
- Caroline Menjivar
Legislator
As the bigger, the principle of it all. You're right, because I had the same exact question as if this one, then that opens the door for what about this and what about that? So you're 100% right. I think, you know, in my two years here and all the bills on mandates and so forth, there's always the number.
- Caroline Menjivar
Legislator
This is the 16th mandate Bill of the Legislature. I hear you on that. I do.
- Aisha Wahab
Legislator
So I would love to add to that. And then now we'll turn to you for you to close. Thank you. I just wanted to address some of the questions there and I really appreciate kind of the dialogue here.
- Aisha Wahab
Legislator
First and foremost, pregnancy is one of the only major life transitions not currently recognized as a qualifying event for health insurance enrollment. Yet almost 50% of the state has something like that or the potential to do something like that.
- Aisha Wahab
Legislator
And it allows individuals to enroll in coverage upon learning that they are pregnant, kind of helps ensure timely access to prenatal care, reduces disparities in maternal health outcomes, and supports the health of both the pregnant individual and the baby.
- Aisha Wahab
Legislator
I also want to highlight that this in particular, and you know, we talk about who's covered, who's not, this is about equal access, right? The mere fact that we can't, you know, prioritize just equal access for an individual who may be going through this. And I want to highlight that this is prevention and early intervention.
- Aisha Wahab
Legislator
The cost of supporting an individual who's going through this or potentially even planning to go through this versus, let's say, a horrible outcome in the future when they don't have coverage, when they don't have the support is significantly different.
- Aisha Wahab
Legislator
And we actually received, according to the CDC, in March of Dimes, early prenatal care can reduce preterm births, which costs roughly about $55,000 compared to 4,000 for full term births. For every person who gains timely prenatal access, there's potential for tens of thousands in savings, not just for insurers, but also for public health systems and famil.
- Aisha Wahab
Legislator
I also want to highlight the concern about the Federal Government. I think we're concerned about everything that they're doing right now because we don't actually know what they're trying to target. 100%.
- Aisha Wahab
Legislator
But there has been a lot of conversation at the federal level that they are trying to prioritize births, women having children, people having children, and much more. So I have no idea what they're going to do. Yes, well, you know, I don't know exactly what.
- Aisha Wahab
Legislator
It's ridiculous what we're having to see on the, in the 21st century in the United States. Right. And I think in this state, I think all of you guys have the concerns we have. We care about maternal health outcomes. We care about people being able to start families and take care of people.
- Aisha Wahab
Legislator
And so, you know, I'm very much committed in making sure California is, has and provides equal access to all people. And for those individuals that, you know, want to have children but wait a little bit later because the cost of living is so high. Right.
- Aisha Wahab
Legislator
And there are so many people in my district in particular that wait till their 30s, 40s, 50s even to have a family. And as a kid in the foster care system, I do just want to highlight that this is one of the options to allow people to have the family that they are trying to build.
- Aisha Wahab
Legislator
And I fully support this. I respectfully ask for an Aye vote and I thank you for your time.
- Caroline Menjivar
Legislator
Thank you, Senator. When we have quorum, we will entertain a motion. Thank you for your time. Thank you. Appreciate it. Senator Becker, you're up to bat file item five. SB 306.
- Josh Becker
Legislator
Thank you, Chair and Members. Here to present Senate Bill 306, which addresses a key barrier to timely medical care, unnecessary prior authorization. Doctors are spending more time on paperwork than they are with patients. A 2023 AMA survey found physicians complete 43 prior authorizations per week, spending an average of 12 hours just on that.
- Josh Becker
Legislator
This red tape is preventing doctors from doing what they're trained to do, treat patients. Prior authorization delays care. 94% of doctors say it causes treatment delays. And these aren't just minor delays. The same survey said 19% of doctors said a patient was hospitalized because of these delays.
- Josh Becker
Legislator
13% said a patient experienced a life threatening event or needed urgent intervention. And the worst part, many of these requests were approved, almost always approved, in fact, just days or weeks of waiting. Right now, insurers can require prior authorization if a licensed clinician determines it's medical necessary. They must follow criteria developed with input from practicing providers.
- Josh Becker
Legislator
But that doesn't stop them from requiring approval for routine, commonly approved care. That happened to my own staff in a crazy incident. SB 306 says if a health plan approves a service more than 90% of the time in a calendar year, then they can't require prior authorization for that service the following year.
- Josh Becker
Legislator
This creates a data driven, common sense approach. If you're approving it anyway, don't make patients' providers jump through hoops. This will free up providers to focus on patient care, reduce delays in treatment, and allow health plans to concentrate the review process where they're actually needed.
- Josh Becker
Legislator
SB 306 is a simple step with a big impact. Cuts red tape for providers, reduces unnecessary delays for patients, and still lets plans review care when appropriate. Let me conclude by thanking the Committee for working with the bill sponsors and my team on the current bill and print. I'm aware the Committee analysis suggests one additional amendment which would apply the bill's provisions to in network providers and who submit prioritization requests electronically.
- Josh Becker
Legislator
I am willing to accept the amendment to focus on in network providers, but given the known glitches in electronic PA request systems and availability of such software, particularly in smaller rural practices, I would like more time to figure out if we can craft such a requirement in a manner that doesn't delay necessary health care for the second part of that. With that, I respectfully ask your aye vote and have some excellent witnesses here today.
- George Soares
Person
Awesome. Good afternoon, Chair and Members. My name is George Soares with the California Medical Association. We're the proud sponsors of SB 306 by Senator Becker. We want to start off by thanking Senator Becker for authoring this critical measure in the Prior Authorization Reform Legislative Package.
- George Soares
Person
We also want to thank Chair Menjivar and her staff for the long hours and work on this over the past few weeks. This is not a new issue in healthcare or for this Committee, but California's patients and physicians need prior authorization reform now more than ever. This bill is a straightforward approach that will require health plans to remove prior authorization and prior notification from any service or prescription that is approved at 90% or higher.
- George Soares
Person
Prior authorization was originally intended to ensure appropriate use of services and control healthcare costs, but in reality it has become an administrative roadblock that delays necessary care, increases physician burnout, and frustrates patients by prioritizing health plan profits over patient care. Physicians routinely spend hours, sometimes days, navigating complex, inconsistent authorization requirements that often override clinical judgment.
- George Soares
Person
We're not suggesting prior authorization is not appropriate in some circumstances, but the current system needs to be drastically overhauled. As the Senator mentioned, an AMA survey found that 43 prior authorizations a week is average for physicians and 12 hours each working week on paperwork rather than treating patients.
- George Soares
Person
This time spent on inefficient and burdensome tasks comes at the expense of treating patients and eats away at time physicians could be spending with patients in the exam room, coordinating care for patients with chronic diseases, and increasing access to care for new patients. For physicians, prior authorization has been and remains a major source of burnout.
- George Soares
Person
Physicians and their staff spend hours each week, often unpaid, dealing with paperwork, phone calls, and redundant requests for information. I'll close by saying that patients and physicians are burdened by prior authorization requests for services that are approved at a high rate. In many cases, these services are reoccurring or routine, yet still critical in providing timely care.
- George Soares
Person
The overall volume of prior authorization requests is drastically slowing down the delivery of care across the healthcare delivery system, and this bill will directly address that issue. For those reasons, we urge your support of this critical reform to the prior authorization system that will result in greater access and healthier Californians. Thank you, and we're happy to answer questions.
- Sheirin Ghoddoucy
Person
Good afternoon. Sheirin Ghoddoucy on behalf of the California Medical Association. Here for any technical questions.
- Lizzie Cootsona
Person
Good afternoon. Lizzie Cootsona here on behalf of the California State Association of Psychiatrists and the California Academy of Child and Adolescent Psychiatrists as well. Thank you.
- Frederick Noteware
Person
I'm Fred Noteware representing Stanford Health Care in support.
- Shira Spector
Person
Shira Spector for Stone Advocacy on behalf of the California Orthopedic Association in support.
- Ryan Spencer
Person
Ryan Spencer, California Podiatric Medical Association, in support.
- Nicette Short
Person
Nicette Short on behalf of Adventist Health, Loma Linda University Health, the Alliance of Catholic Health Care, and Saint Agnes Medical Center in support.
- Angela Pontes
Person
Angela Pontes on behalf of Planned Parenthood Affiliates of California in support.
- Timothy Madden
Person
Tim Madden representing the California Society of Plastic Surgeons and the California Chapter of the American College of Cardiology in support.
- Cher Gonzalez
Person
Cher Gonzalez on behalf of the American Diabetes Association in support, as well as the Association of Northern California Oncologists and the Medical Oncology Association of Southern California. All in support.
- Sara Noceto
Person
Sara Noceto on behalf of the California Chronic Care Coalition and ALS Association in support.
- Clint Hopkins
Person
Clint Hopkins, owner and pharmacist at Pucci's Pharmacy in Sacramento and Eddie's Pharmacy in Los Angeles. Strong support.
- Caroline Menjivar
Legislator
Thank you so much for me too in support. Any formal opposition to this bill? When ready, you might begin.
- Steffanie Watkins
Person
Thank you, Madam Chair and Members. Steffanie Watkins on behalf of the Association of California Life and Health Insurance Companies. I'd first like to thank the author and the sponsors for their willingness to talk with us over the last several years about this proposal, as well as the Committee staff for the most recent amendments. Regrettably, while we appreciate the open dialogue, we remain opposed unless amended to the bill in print today.
- Steffanie Watkins
Person
As many of you know, health plans and insurers work diligently to ensure that enrollees and insureds are getting the right care at the right time from the right provider. Medical and utilization management tools like prior authorization are key to promoting safe and effective care for all enrollees and insureds.
- Steffanie Watkins
Person
To that end, health plans and insurers act as stewards of the premium dollar, and therefore have an obligation to invest those dollars in proper and effective care. In recognition of the need to streamline the process, many of our health plans and insurers are currently implementing their own enhanced prior authorization programs to help ease the burden on providers and enrollees.
- Steffanie Watkins
Person
Understanding the goal, we appreciate the recent discussion we've had around this issue and believe that SB 306 as drafted is missing some key elements that are critical to ensuring that plans and insurers can uphold hold the right care, the right place, the right time approach.
- Steffanie Watkins
Person
For these reasons, we have come together collectively to highlight some of the issues we think need to be addressed in the bill in order to ensure this proposal is successful in achieving the goal of reducing administrative burden on providers, providing immediate relief to all enrollees and insureds, while also protecting the integrity of the healthcare system as a whole.
- Steffanie Watkins
Person
With that, we had a few suggestions, and I know that we provided them. I'll just briefly, in the interest of time, just touch on them. But most of them are to clarify that the statute only deals with services versus prescription drugs, inpatient or outpatient. To set a standard approval threshold of 95% versus 90%.
- Steffanie Watkins
Person
I think the important thing to know is with all the work with OHCA, we think that the 10%, the 90% could potentially impact our ability to meet the thresholds that OHCA has put forward. Create a standard threshold for what services the plans insurers must review. Establish a process for plans and insurers to disqualify specified services.
- Steffanie Watkins
Person
There are some services for which there is a minor number of services that are provided in general, or so sophisticated that even if they meet that threshold it would never be appropriate to remove prior authorization. Do establish a process of rescinding prior authorization exemptions specifically in fraud or abuse situations where we see significant upticks that is concerning to the marketplace.
- Steffanie Watkins
Person
Create a format for evaluating prior authorization exemptions on a year over year basis, and require DMHC and CDI to review the policy three years post implementation to access patient safety and cost implications. We believe the suggested changes we have outlined will help achieve the goals as stated by the author. And for those reasons remain opposed unless amended, but look forward to working with the author and sponsor if the bill moves forth today. Thank you.
- Bill Barcelona
Person
Good afternoon. Bill Barcellona with America's Physician Groups. We're also in an opposed amended position as well. We are thankful for the amendments that have been taken today and our conversations with the author's office. The 200 capitated delegated medical groups in California stand in the middle of this situation, between independent providers and health plans, because our groups are delegated for UM responsibilities as well. They have a high level of automation already in this process.
- Bill Barcelona
Person
They have very low rates of denials. But they do serve an important place in the medical community in terms of oversight for low value care that is medically unnecessary or referrals to out of network physicians. So we're hopeful that we can continue with discussions on this bill as well with the plans, the CMA, and the author's office to work out an acceptable solution. Thank you very much.
- Kelli Boehm
Person
Good afternoon, Chair and Members. Kelli L'Heureux with Resilient Advocacy on behalf of the California Chamber of Commerce, also in opposed unless amended position. Thank you.
- Nicholas Louizos
Person
Nick Louizos, California Association of Health Plans, also opposed unless amended. Thanks.
- Caroline Menjivar
Legislator
Thank you so much. Seeing no other me toos, going to come back. Some of the opposition concerns came a little later and require a lot more conversation, which is why we didn't touch them. Because I know you have to dive into more of them. We were able to address one of them, the in network one and, you know, we talked about the electronic submissions.
- Caroline Menjivar
Legislator
But I think after having conversations with the author that there needs to be more tweaks to it because of some smaller providers not having access, cyber attacks, the lack of systems always being up and running. And I think more conversations need to happen on that. We just felt what the amendments that we provided were some that we can get to a point right now, and I know the author is going to continue having those conversations with y'all. Senator.
- Akilah Weber Pierson
Legislator
Thank you, Chair. Just really want to thank the author for picking this up and running with this issue. It's a huge, huge issue in the healthcare space. Not only one that we physicians feel, but oftentimes if there's a prior authorization, our nurses are the ones that are constantly sending stuff in and having to deal with this. It is something that has come up pretty much every year since I've been here.
- Akilah Weber Pierson
Legislator
And so my hope is that, seeing that this is a significant issue and it is something that generally gets to the Governor's desk every time, that we're able to actually get him to sign it because it would really not only help out providers but significantly help out the patients that we're trying to serve. So thank you so much, and I would love to be a co-author on this bill. Thank you.
- Caroline Menjivar
Legislator
Senator, are you a provider? Is this going to help? Seeing no other conversation. Senator, you may close.
- Josh Becker
Legislator
Thank you. I think that was a, that will suffice as my close, that comments from Dr. Weber. Do appreciate, Dr. Weber Pierson. I do appreciate the opposition for working with us. As was stated, this is, this has been an issue every year. It's an issue nationally, and really hope that we can thread the needle and find a way to lead here in California. I respectfully ask for an aye vote.
- Caroline Menjivar
Legislator
Once we get a quorum, Senator, we will entertain a motion. Until then, we will continue. You have another bill, Senator?
- Josh Becker
Legislator
Good afternoon. Chair here with my joint author, Senator Brian Jones with a, you know, with, I won't say a rare, but I think an important partnership here. Welcomed. Welcomed. On an important topic, one that I don't think is not new to this body and we hope that we found the right approach this year.
- Josh Becker
Legislator
This bill establishes a five year pilot program to study the benefits of using psilocybin to treat mental health conditions in veterans and inactive first responders. First, I want to thank, we want to thank the chair and Committee staff for their work on the bill.
- Josh Becker
Legislator
We will be accepting the Committee amendments suggested in the bill analysis today that add important safety guardrails to this research. SB751 responds to crisis we cannot ignore Every day, an average of 17.6 veterans die by suicide.
- Josh Becker
Legislator
Every day, first responders, those who run towards dangers to protect the rest of us, are more likely to die by suicide than in the line of duty. These are individuals who've experienced repeated trauma and too often our existing mental health treatments simply don't work for them.
- Josh Becker
Legislator
Many are turning to underground or unregulated sources of psilocybin or even traveling abroad to seek relief. That not only places them at risk, it signals a serious gap in our system of care. This bill is a step towards addressing that gap responsibly and safely.
- Josh Becker
Legislator
The pilot program will be up to five counties to provide psilocybin treatment in regulated clinical settings such as community health clinics, veterans facilities and hospice centers under the supervision of trained medical professionals. It will be overseen by the University of California system, a first for this approach and adheres strictly to FDA and DEA regulations.
- Josh Becker
Legislator
California currently is no state led effort to study this therapy, despite its growing youth reuse and a lot of research going on at our UCs and despite the risk associated with unregulated access.
- Josh Becker
Legislator
The bill also establishes dedicated fund to support treatment, staff training and rigorous research and includes a comprehensive reporting system through 2030 so we can evaluate the results and decide where to go from here. I want to address specifically a concern raised by Dr. Weber about protecting pregnant women and nursing women from this research.
- Josh Becker
Legislator
We are fully committed to adding provision to this bill that precludes any of this research from being conducted on such individuals. With that, let me turn it over to my doctor and offer thank you.
- Brian Jones
Legislator
Madam Chair, Members, I want to thank Senator Becker and his entire team for two years of solid partnership on this issue. I think two years ago if you would have asked either one of us would we be involved in advocating for the use of psilocybin, you would have called both of us crazy.
- Brian Jones
Legislator
I know our my staff would have for sure. I don't want to speak for Senator Becker's staff and I would have called you crazy for thinking I was going to do it.
- Brian Jones
Legislator
But as the walking through this process over the several years and different bills that have come forward on this issue and then working with veterans organizations specifically in my county, I've come to the realization that there is some hope, some potential for these compounds to be used in treating veterans and inactive first responders on helping them get healthy.
- Brian Jones
Legislator
Our veterans and our first responders are owed a debt of gratitude which we can never really be able to fully repay. But if we can help them in some small way, I say shame on us for not doing so sooner.
- Brian Jones
Legislator
Our veterans and first responders are asking for this treatment to be made available to them and we owe it to them to at least give it a try in a controlled, limited way utilizing qualified medical professionals and researchers at the world's leading institutions of higher learning, an institution that we all highly revere, respect and trust.
- Brian Jones
Legislator
The University of California system, California happens to be home to both and we ought to take advantage of the fact of passing this bill. With that, I'd like to hand it over to our witnesses and provide their testimony on our bill.
- Jason Brown
Person
When you're ready, Madam Chair, Members, veterans, first responders and guests. My name is Jason Moore Brown. I'm a California resident, I'm a father of five and a grandfather of one very spoiled granddaughter. I'm a former army officer that's deployed three times in support of the global war on terror in a four year span.
- Jason Brown
Person
I conducted over 300 combat missions and was twice awarded the Bronze Star. I'm a beneficiary of the program that the bill sponsor Heroic Hearts Project offers to veterans. My wife Sharon is also a beneficiary participating in the Heroic Hearts Veteran Spouses program. She went to Mexico, I went to Peru.
- Jason Brown
Person
Our treatment saved our lives, our marriage, and has kept our family intact. It's an understatement. I can't really like explain explain how significant it was for us.
- Jason Brown
Person
The Legislature and advocates like my colleagues and myself have been fighting to get California's veterans and first responders access to research backed life saving emergency therapies like those in SB751 for five years. For those of you new to this issue, this is the third iteration of this bill and the most restrictive.
- Jason Brown
Person
We passed a much broader bill with bipartisan support out of the Legislature three years ago. In the five years we've ridden the political merry go round, approximately 30,000 veterans have committed suicide since 911. Approximately 185,000 veterans have committed suicide. We haven't had one year since 2001 where veteran suicides have dropped below 6,000. Clearly nothing has worked.
- Jason Brown
Person
California has the largest veteran population in the US and according to the Va, California continues to maintain a disproportionately high rate of suicide, veteran suicides when compared to other states. The research this bill will facilitate may be the breakthrough veterans like me have had to leave the US to utilize.
- Jason Brown
Person
If we save one life, if we keep one family intact, isn't it worth exploring? Don't veterans and first responders deserve the right to explore all, any and all options? One of the things that we rarely discuss are the second and third order effects of suicides in families. And I know that's not really talked about often.
- Jason Brown
Person
There's not a lot of research behind it that I found at least. But one statistic that I found is that in 2022 they looked at the total cost of suicide in the US and it was over $500 billion.
- Jason Brown
Person
So whatever we appropriate to this in the State of California, I mean we need to look at the second and third order, not only appropriations and expenses, but how that impacts California families for decades and generations to come.
- Jason Brown
Person
So I encourage you strongly today to vote aye on SB 751 to give veterans and first responders an opportunity to access the research that will come from this bill. Thank you.
- Angela Graham
Person
Go ahead. Thank you all for allowing me to speak today. My name is Angela Graham. I'm a retired firefighter of almost 20 years and co founder and Executive Director of the Siren Project. We are co sponsoring this bill.
- Angela Graham
Person
We're a non profit funding and facilitating retreats in Mexico for first responders using entheogenic medicines, also known as psychedelics, to treat symptoms of post traumatic stress. My husband and I started this after having to navigate the system in search of my own mental health treatment when all modalities had failed.
- Angela Graham
Person
Fortunately, we had a friend who was a veteran, to help us connect with trustworthy providers. Soon after, I got on a plane to San Diego, met up with a group of strangers and we smuggled ourselves across the border into Rosarita to do drugs.
- Angela Graham
Person
I'd gotten to the point that I was having so many breakdowns and angry outbursts, I felt I needed to take extreme action to protect my son from all I was exposing him to. After my experience with these medicines, I was able to calm my anger and find peace like never before.
- Angela Graham
Person
Nothing had given me such immediate and comprehensive relief from my symptoms. I was finally able to be the mom my son deserves. Today, the fire service is more accepting of mental health issues than ever before. I personally had access to more therapy and therapeutic mentalities in the last few years than when I started.
- Angela Graham
Person
Yet suicide rates are climbing. The suicide rate for firefighters is 500% higher than it was 20 years ago. We are three times as likely to die by suicide than on duty activities. Not to mention the generational trauma being created and passed on. This is all despite more acceptance and available therapy.
- Angela Graham
Person
Clearly, what is legally available is not enough. Now, before we fall further behind, California needs to set the standard for safe, effective access to these crucial resources. These medicines may not be safe for everyone. It also takes a lot of work and support before and after a journey to see the benefits of these therapies.
- Angela Graham
Person
For these reasons, safeguards like medical screening and properly trained space holders are needed. This Bill is not perfect, but is much needed. Step in the right direction as we keep going back and forth over the details. People are waiting and suffering. Please show your support for all the first responders in your communities by supporting this Bill.
- Caroline Menjivar
Legislator
Thank you so much. #MeToo's in support. Please step on up.
- Anthony Molina
Person
Madam Chair, and Senators. Anthony Molina, on behalf of the Law Enforcement Action Partnership another co sponsor of this bill, in support. Thank you.
- John Madden
Person
John Madden, former IAFF Local 1171 President and retired Deputy Chief for City of Santa Clara and Siren Project participant and support.
- Bonnie McKeegan
Person
Bonnie McKeegan, licensed clinical social worker from Grass Valley. I am a former Healthcare Medical Trauma center social worker who acquired PTSD on Father's Day in 2011. I strongly support thank you so much. Rob.
- Catherine Forest
Person
Dr. Catherine Sonquist Forest, Former Chair of the Department of Family Medicine at Stanford and caregiver for 15 of the first responders in the VA post their treatment in the first trials of these medications. In strong support of us pursuing this as a state. Thank you.
- Caroline Menjivar
Legislator
We have two. Okay. Gentlemen, you have a total of five minutes together.
- Gregory Burt
Person
Great. Chair Members, my name is Greg Burt with the California Family Council, here to express opposition to SB751. Let me begin by affirming our deep respect for California's veterans and first responders. These men and women have sacrificed much for our public safety. And that's precisely why we are concerned about this Bill.
- Gregory Burt
Person
It proposes a state run pilot program that would use these heroes as subjects in an experimental initiative centered on psilocybin, a powerful psychedelic listed classified as a Schedule 1 drug under the federal law and state law, which means that it has no medical utility and a high potential for abuse. Now, why?
- Gregory Burt
Person
Psilocybin has been designated as a breakthrough therapy by the Food and Drug Administration for certain conditions. This is not an endorsement. It's just a way to speed up research, not a substitute for full approval. In fact, the FDA's guidelines for psychedelics are just in draft form, highlighting how unsettled the regulatory landscape is.
- Gregory Burt
Person
And yet SB751 moves forward without requiring FDA or Federal Drug Enforcement Administration oversight. It claims federal compliance, but mandates no actual review by those agencies. This sets up a troubling precedent for drug makers who may want to bypass established FDA safety standards and come to California for approval instead.
- Gregory Burt
Person
And more concerning, the Bill grants the California Health and Human Services Agency broad authority to create Psybin service hubs in five counties with minimal detail on oversight or access. This isn't a limited trial. It simply lays the groundwork for commercialization. Veterans and first responders deserve better care rooted in science and not in politics.
- Ryan Sherman
Person
Briefly, Madam Chair. Briefly, Madam Chair, Ryan Sherman with the California Narcotic Officers Association. We got our letter in late, but we did get it in. Just wanted to briefly touch on a couple points about our opposition. One was a point that was already made about using veterans and first responders as psychedelic guinea pigs.
- Ryan Sherman
Person
We think that there's nothing in the Bill yet that really delineates who is going to qualify for these programs, what conditions they are hoping to have treated, what diagnoses have been conducted. There's a lot of unknowns in here. Instead, it just talks more generally about there's some qualifying illnesses.
- Ryan Sherman
Person
I think PTSD is mentioned, depression is mentioned throughout, but it's not actually listed as one of the concerns to be treated with the mushroom. So because of that and some other definition problems that we have throughout the Bill, it's in our letter. We remain opposed and look forward to working with the author and Committee.
- Caroline Menjivar
Legislator
Thank you. Me too. Is in opposition to this Bill. Okay, colleagues, any questions? Senator, Dr. Weber Pierson.
- Akilah Weber Pierson
Legislator
Well, this is interesting to see the two of you together. It would be nice if we all worked closely like this on a more regular basis. Want to appreciate the Bill that is before us today. There have been many different iterations of this Bill of which I have had strong issues with all of them in the past.
- Akilah Weber Pierson
Legislator
Definitely understand that this has been shown to have benefit in certain populations. Our veterans being one, firefighters, you know, other first responders as well. You know, we've spoken about the carve out for pregnant patients. Look forward to seeing what those final amendments would look like. And just really appreciate the Bill that you've brought before us today.
- Suzette Martinez Valladares
Legislator
Vice Chair. Well, I want to thank the bipartisanship. That both the Senators have worked together to present this. And at the end of the day, our veterans, our public servants, have given. So much to our community, to our. State, to our nation. And because there's so much evidence that proves that these psychedelic treatments are transformative.
- Suzette Martinez Valladares
Legislator
I think we owe them the right to try. And so I'm going to be supporting this today. And I will add that it is very untypical for me to support anything. Along these lines, but I've heard personal stories of how this transformed the lives of veterans suffering from severe ptsd, and. They deserve the right to try.
- Caroline Menjivar
Legislator
This is the third version of the Bill that I've seen in my short time here. And like the Doctor, the previous versions caused a lot of heartburn and concern. And, you know, it was very hard for me to get to the point of supporting the other bills. And each time it was decreasing and getting a little better.
- Caroline Menjivar
Legislator
And when I saw this Bill, I was like, well, I really have to work on it now as chair. Right. And we've had several conversations. Staff has worked very hard on this. And I wanted to make sure, like you mentioned in your opening statement, Senator, that there were guardrails here.
- Caroline Menjivar
Legislator
While I'm not a huge, huge fan and it's very atypical for me to support these kind of bills, I do recognize that we are moving in this direction.
- Caroline Menjivar
Legislator
The Veteran affairs, they themselves have already announced that they're going to be looking into doing work in this space to address the needs of our veterans, because what we don't want is just a bunch of drugs. Here, take this pill. Take this pill. That's usually, that's always been the VA or even in the service.
- Caroline Menjivar
Legislator
Right here is ibuprofen. And dry socks and I hope you're okay. And that's really. It never served as a firefighter, but I can imagine any paramilitary organization is going to be very similar experiences to what veterans or military service Members have experienced.
- Caroline Menjivar
Legislator
I don't, you know, I don't need to be convinced that ptsd, severe mental health is real in these kind of first responder kind of jobs and in the service. I understand that 100%.
- Caroline Menjivar
Legislator
This Bill, I think draws a very fine line in providing guardrails that are spelled out that we define who gets to participate because the original language had the possibility of VFWs and any other kind of organization to be participants and without having a licensed clinical expert.
- Caroline Menjivar
Legislator
And so the amendments that we provided is to ensure that we honed in on who was eligible to oversee them. And we're not creating service hubs. The Department is not creating service hubs across the, across the state. It's just saying that the UCs can work in this pilot in five different counties.
- Caroline Menjivar
Legislator
I appreciate the point of excluding certain individuals and who's appropriate to be the to participate in this. We added amendments to ensure that there's peer advocate and counseling and mental health services for individuals who want to participate on a volunteer basis is a volunteer basis of these pilot programs.
- Caroline Menjivar
Legislator
And we ensured that we provided guard roads to the UC systems and how to approach this because we didn't want to just leave it as a free for all for them to decide how it was going to be approached. We're going to be getting a report back. The Federal Government is working on this.
- Caroline Menjivar
Legislator
There's a lot of movement in this space. I do recognize the Federal Government is slow at times to get this moving. And I think I've heard we've been speaking on this for like three years almost now.
- Caroline Menjivar
Legislator
And I recognize that we need to get moving because in the past three years that we had conversation, nothing has happened in any other different level. So I am thinking thankful that you two came together on this.
- Caroline Menjivar
Legislator
I'm thankful that you took the amendments to provide the guardrails, which is how I got to a point of being able to support this Bill and recommending an aye vote. Gentlemen, Senators, you may close.
- Brian Jones
Legislator
Thank you. I'm going to try to be brief and I think regarding the opposition's concerns, I think most of the concerns are addressed by those guardrails. Madam Chair, that you're speaking about.
- Brian Jones
Legislator
One point of opposition I want to personally point out because it personally offends me when you say as opposition presents that we're using these Veterans as guinea pigs. That personally offends me. My grandfather was a POW from 1943 to 1945 and he had PTSD until the day he died in 1999.
- Brian Jones
Legislator
My son in law is a police officer. My son is a firefighter. I serve on the board of a nonprofit called Cover Now Fund that stands beside families when they're left behind by suicide from a law enforcement officer.
- Brian Jones
Legislator
Just since December this year, we've had seven female law enforcement officers across this country commit suicide, most of them with children to come to this Committee and say we're using these veterans after we've asked these veterans in their service to go into 300 combat missions. We've used them in 300 combat missions.
- Brian Jones
Legislator
We've asked firefighters to run into fire, we've asked police officers to run into bullet fire. And some of them don't come out healthy when that happens. These veterans currently are seeking this treatment in third world countries. They're flying into the jungles of Central America. They're going into shanties in Mexico.
- Brian Jones
Legislator
They're going to other places to find this treatment because it's the last resort for them. And somebody's come beside them and said, hey, try this. It might work. It is time for California to recognize that we are the leaders in the world on medical treatment.
- Brian Jones
Legislator
It is unconscionable that we would send our military folks into battle across the world, have them come home and we not take care of them and they're having to choose to go across the world to get the treatment that they need. We should be doing it here. We should be finding the solutions here in California.
- Brian Jones
Legislator
We should be coming up with the answers here in California. I thank you for your support and ask for each one of you for your aye vote. Thank you very much.
- Josh Becker
Legislator
I will let my joint author's eloquent. Words stand as the close. I just want to thank our veterans and first responders for their service. Chair, thank you for your service. Respectfully ask for an aye vote.
- Caroline Menjivar
Legislator
When we have a quorum. We'll entertain a motion. Thank you so much. Thank you for the testimony. Thank you. Senator Cervantes, thank you for your patience. Is your time to shine. File number eight will be discussing SB313 now.
- Sabrina Cervantes
Legislator
Thank you, Madam Chair and Committee Members for the opportunity to present Senate Bill 313. I One moment. Excuse me. I want to thank the Committee staff for their support on this bill. I am accepting the Committee amendments on pages 3 and 4 of the Committee analysis to be taken in the Senate Judiciary Committee.
- Sabrina Cervantes
Legislator
SB 313 is a vital step towards protecting the privacy and security of California families. It makes a straightforward but important change. It moves the birthplace of a child's parent from the publicly accessible to port portion of a birth certificate to the confidential section accessible only to authorized individuals. This is more than an administrative fix.
- Sabrina Cervantes
Legislator
It's a matter of personal privacy and data security, especially in a time when sensitive information is too often weaponized. What might seem like a small detail the birthplace of a parent can be misused to target, profile or discriminate.
- Sabrina Cervantes
Legislator
Current law requires each live birth to be registered with the local register of births and deaths for the district in which the birth occurred and prescribes specific information to be listed on a certificate of live birth, including the full name, the sex of a child and the full the birthplace as well as the date of birth of each parent.
- Sabrina Cervantes
Legislator
This bill does not interfere with data collection or public health reporting. SB313 simply ensures that information such as a parent's birthplace is treated like other sensitive personal data, kept confidential but still available to authorize public health officials and researchers as needed.
- Sabrina Cervantes
Legislator
The California Department of Public Health already maintains a confidential section of each birth certificate for public health purposes. This bill moves the birthplace information of the parents to that protected section, aligning with the best practices for data privacy.
- Sabrina Cervantes
Legislator
It is important to note that this bill does not limit the Department of Public Health or the Office of Vital Records from verifying documents or authenticating certificates. It preserves our authority while enhancing legal safeguards around personal information. The birth certificate is one of the first and most important legal documents a person receives.
- Sabrina Cervantes
Legislator
It is used to obtain a passport, enroll in school, apply for a job, apply for other benefits and more. Birth certificates are issued by individual states, which are required by law to report annually vital statistics data to Federal Government.
- Sabrina Cervantes
Legislator
Within each state, the management of birth certificates can be further decentralized with data collection and certificate issuance occurring at the county or municipal level. SB 313 is about balance. It's about preserving the integrity of public health data while fiercely protecting personal privacy.
- Sabrina Cervantes
Legislator
It upholds our values and reflects our responsibility to defend every Californian's right to dignity and security. It is narrowly tailored approach that balances transparency and privacy. I respectfully ask for an Aye vote.
- Caroline Menjivar
Legislator
Thank you Senator. Any witnesses? Any #MeToos in support of the bill? Do we have any formal opposition to the bill? #MeToos opposed? Bring it back Senator, I love this bill. I actually would love to be added as a co author.
- Caroline Menjivar
Legislator
I think that's a great and creative approach to take in combating what's going on on the Federal side, Senator. Dr. Weber Pierson.
- Akilah Weber Pierson
Legislator
Thank you. Thank you, Chair. Everything's great. So, just had a question.
- Caroline Menjivar
Legislator
Give me one second. We have quorum now and I don't want to lose it. Let's establish quorum Committee.
- Akilah Weber Pierson
Legislator
Thank you. So, just had a question and a little concern about who would be privy to this information if it's only on the confidential portion of the birth certificate form.
- Sabrina Cervantes
Legislator
The same individuals, Public Health Department, folks who already have, that are already privy to everything else, such as Social Security information and other sensitive information. It doesn't change who is privy to it.
- Akilah Weber Pierson
Legislator
And I think that's one of my concerns because I was just looking at the kind of overview of the bill, and it said that confidential information for public use is typically not included on routine copies unless specifically requested by a person either named on their certificate, the parent who signed it or if no parent, signed, the mother.
- Akilah Weber Pierson
Legislator
So what if it's an adopted child? Or what if it's a. Well, you know, if same sex, which is not a female, or what if the mother has passed, so then the father doesn't have access to it. So I think there may be some unintended consequences by restricting that information, Senator.
- Caroline Menjivar
Legislator
And so you brought up the adopted. Those who petition to adopt are also eligible to request that information.
- Akilah Weber Pierson
Legislator
Okay, that's on page two of the analysis. Okay, so what's on the. So it's more than just the parent who signed it, the mother and the individual whose name is on the birth certificate.
- Caroline Menjivar
Legislator
It's the registrant, the parent who signed the certificate, or a person who has petitioned to adopt. The person.
- Akilah Weber Pierson
Legislator
Okay, so if the father hasn't signed it but isn't actually adopted, does he have access to it? And that's. I mean, that's current law now. Well, no, because right now the information is on the birth certificate.
- Caroline Menjivar
Legislator
Right. For private information. Yes, for private information. It's just the people that currently is in statute now. So the other parent by statute wouldn't be eligible.
- Caroline Menjivar
Legislator
Yes, because that's. That bill's not looking to change that part.
- Sabrina Cervantes
Legislator
I think that might be another bill that you all currently heard. That's.
- Akilah Weber Pierson
Legislator
No, this is. This is your bill. Okay. So because what we're talking about, who has access to that confidential section.
- Akilah Weber Pierson
Legislator
They can. It doesn't always happen. Right. And so just wondering who would have access, Would someone who should have access to that information still have access to that information if they wanted it, since we're now putting it under that confid, or this bill, excuse me, would put it under that confidential section.
- Akilah Weber Pierson
Legislator
So I just think that might be something to kind of look at and see if it. Just to ensure that it covers the ability for all parents to have access to that information. If we're now moving it over to the. The confidential section.
- Sabrina Cervantes
Legislator
Certainly happy to take a deeper dive on your concerns around that. Yes, thank you.
- Shannon Grove
Legislator
Thank you. Thank you, Madam Chair. And just a follow up, just so everybody's clear, I recently had a constituent that brought some information to me that on an adopted child that was given up at birth, the father did not sign the certificate and the mother did pass away for drug use.
- Shannon Grove
Legislator
And so then who has access? And I'm hoping that's where you're going, or did I misunderstand you? And that was just a perfect example of what happened. And we, you know, I don't know, we were able to get it easily because they came to us to do it.
- Shannon Grove
Legislator
But I just didn't know if this bill, if the concerns is this bill would limit that from happening. Just I think that's where she, the our colleague is going with it.
- Sabrina Cervantes
Legislator
No, I certainly understand. We certainly have to do a little bit more work and having discussions on that front. But at the end of the day, this bill is just simply making sure that we remove the birthplace of origin from the parents where you actually have. I could give you a current example right here.
- Sabrina Cervantes
Legislator
When you do fill out, this section here would be removed from just public view, and so it would just be listed as confidential. That is the meaning of this bill today. But we'll certainly look into what you just raised via your constituent that came to you and what, of course, Senator Weber alluded to.
- Shannon Grove
Legislator
Okay. I just wanted to say that I concur with what Senator Weber Pearson is saying because it does happen. I mean, it's rare, right? How many kids do you adopt where both parents are happening? You know, but it could happen, and then that creates a problem.
- Sabrina Cervantes
Legislator
Through the Chair, if I may, the bill, I do want to say, doesn't change who has access. It's whatever's in statute that is, that remains. But we will get more clarity on that front.
- Suzette Martinez Valladares
Legislator
So you know, obviously I've had a daughter signed a birth certificate. My mom passed away, needed to get a copy of her birth certificate. Is this going to prohibit people from accessing information, family from accessing information? It's not going to. Absolutely not, no.
- Sabrina Cervantes
Legislator
Absolutely not. So again we're simply just addressing moving this information to the confidential portion. It doesn't reform birth certificates. So no, that will not happen. Okay, thank you.
- Caroline Menjivar
Legislator
Yeah, thank you for that clarity, Senator. Seems it's very simple the what's in statute now who can access confidential information is not being touched. Who signs the birth certificate is not being touched. Who is eligible to sign. The only thing is removing one thing from the public facing birth certificate to the confidential sector.
- Caroline Menjivar
Legislator
And again doesn't touch who is eligible to request that confidential information. But I think the author has annotated and taken into account a scenario that still exists. Whether this bill moves forward or not would still exist in this world. Now with that I'd like to give you opportunity.
- Sabrina Cervantes
Legislator
Thank you for the comments from my Senate colleagues. I look forward to having continued discussion and hope I can count on your aye vote today.
- Caroline Menjivar
Legislator
We do have a quorum like to move the bill. Thank you. Moved by Senator Richardson. The motion in front of us is do pass and we refer to the Committee on Judiciary. Committee Assistant, please call the roll.
- Caroline Menjivar
Legislator
Senator, that has a 3 to 2. We're gonna leave it on call for right now. Thank you so much, Senator Cabaldin. Senator, when you are ready, you can start.
- Christopher Cabaldon
Legislator
Thank you. Thank you. Madam Chair, I'm here to present SB339 and first I want to acknowledge and thank the Chair for collaboration to improve the Bill as well. California is in the midst of an STI epidemic and I wish this were just a rhetorical statement. Flourish. It comes directly from CDPH.
- Christopher Cabaldon
Legislator
Over the past decade, California has seen a sharp rise in STI rates. In Los Angeles County alone, gonorrhea rates have risen by more than double and syphilis rates now have increased threefold. As of 2023, the county ranked sixth highest in the state in terms of per capita chlamydia cases.
- Christopher Cabaldon
Legislator
And if we look to San Francisco, they've seen chlamydia and gonorrhea cases increase by 30% among men and early syphilis rates increase. By 120% among women aged 15 to 25. These increases are definitely not spread evenly throughout California or through about communities or evenly through communities of color. We're seeing massive equity gaps throughout the state as well.
- Christopher Cabaldon
Legislator
What we know is that the best way to lower SDI rates is through access to testing into treatment. Yet as STI rates have been rising so dramatically in the past decade, we've been lowering the Medi Cal reimbursement rates for every single STI clinical lab test.
- Christopher Cabaldon
Legislator
When providers can't afford to accept Medi Cal patients due to those rates, vulnerable populations lose access to STI testing, worsening the epidemic. SB339 would keep access to of those clinical health care services for low income Californians by restoring rates for STI clinical lab tests back to 100% of Medicare.
- Christopher Cabaldon
Legislator
And it would also increase transparency for the triennial review by requiring the data set used for that purpose to calculate the rates to be published. So I respectfully urge an aye vote on SB339 and would like to, with the Chair's permission, turn to our lead witnesses from.
- Angela Pontes
Person
Thank you. Good afternoon. Angela Pontes, on behalf of Planned Parenthood affiliates of California, representing these seven Planned Parenthood affiliates across the state, serving patients from every county through 115 community health centers here today in support and as A sponsor of SB339, California Planned Parenthood health centers serve over 80% Medi Cal beneficiaries and our health centers alone provide over 2 million STI tests each year.
- Angela Pontes
Person
We are the number one provider of STI testing in the Medi Cal program. As the Senator said, STI rates in California have been increasing. We've reached epidemic levels increasing over the last five years. At the same time, the triennial review process at DHCS has resulted in multiple reductions to STI testing rates.
- Angela Pontes
Person
For example, in 2024, the review resulted in an 18% cut in MEDI Cal to STI testing codes and that was retroactively implemented to July 1, 2023. These cuts harm medical providers like us in two ways. Cutting the funding moving forward and also the clawback of the funds back to the retroactive date for Planned Parenthood.
- Angela Pontes
Person
This has resulted in reimbursement, reduced reimbursements by $7 million each year. In addition to that clawback, further, the data that is collected and the calculations used in the triennial review to establish these rates is not made public like is done at the federal level. This means that providers are unable to verify how the rates are calculated.
- Angela Pontes
Person
SB339 will help planned Parenthood and other medi Cal beneficiaries to stabilize their budgets and continue to provide timely STI testing and treatment for our state's most vulnerable patients, all while addressing the STI epidemic. We respectfully ask for your aye vote.
- Caroline Menjivar
Legislator
Are you here for technical support? Okay, Moral support. Any me toos in support of this Bill?
- Kristian Foy
Person
Good afternoon. Christy Foy here on behalf of the California Clinical Laboratory Association. In support. Thank you.
- Unidentified Speaker
Person
In support, Rosetta Lopez with UC Santa Cruz Planned Parenthood Generation Action. In support, Rylan Richmond with UC Santa Cruz Planned Parenthood Generation Action. In support, Valeria Barrera Verdusco from UC Santa Cruz Planned Parenthood General action. Elizabeth Molina, San Jose, California. I'm with Planned Parenthood Advocates, Marmonte and I'm in support Rochelle Rufo.
- Unidentified Speaker
Person
I'm with San Jose State University, Planned Parenthood in Action, and I'm here for support.
- Caroline Menjivar
Legislator
Thank you. See no other MeToos in support. Do we have any formal opposition? I see none. Oh, yes, there we go. If you're formal opposition. No. In support. You're wearing pink. .
- Unidentified Speaker
Person
Hi, my name is Iraya Gallegos. I'm part of UC Merced and I wanted to show my support for SB339. Yes, thank you.
- Ryan Spencer
Person
Sorry. Ryan Spencer with American College of OBGYNs and the California Society of Pathologists in support.
- Caroline Menjivar
Legislator
Any runners behind you? No. You didn't see any? That's it. Okay. Any formal opposition? I don't think I saw any. Any me toos. Opposed? See none either. Bringing it back. Colleagues. Good. It got moved by Senator Dr. Weber Pierson. Senator, you may close.
- Akilah Weber Pierson
Legislator
Just to say thanks to the the Generation Action young people from Santa Cruz, Merced and San Jose State and ask for, respectfully ask for an aye vote. Thank you.
- Caroline Menjivar
Legislator
Motion in front of us is do pass. And rerefer to the Committee on Judish. Please call the roll Committee Assistant.
- Caroline Menjivar
Legislator
Senator, that's four to zero. We're going to leave it on call for the rest of our colleagues to come back. Thank you so much for your time. We have no other authors, so we're going to turn to Committee authors. Calling on any other author who's presenting in Health Committee to please come on down. For now, we're going to turn to file item 14, SB 796.
- Laura Richardson
Legislator
Well, good afternoon, everyone. I almost feel like I should say good evening. First of all, I want to start off by thanking the Chair and staff who worked with myself and my team on this very important bill for all of us. Thank you for helping us to craft legislation that can be helpful not only to our first responders who are out there doing the work, but to the benefactors of those who receive the services. So let me start off by talking a little bit about this bill that we have before us.
- Laura Richardson
Legislator
When you look at the bill, the objective of SB 796 is to ensure that it reflects the critical importance of first aid and CPR training of California first responders. I hereby want to officially accept the Committee's amendments. SB 796 ensures that all state employees, excuse me, not all state employees. That all state employed peace officers, firefighters, and lifeguards have access to CPR and first aid training that meets the standards of the California Emergency Medical Services Authority, hereby named Cal EMSA.
- Laura Richardson
Legislator
By clarifying California's EMSA's role as the approving agency and establishing quality assurance requirements, this bill promotes safer and, most importantly, more consistent life saving practices across California's emergency workforce. And with that, I'd like to highlight a few key points about this bill.
- Laura Richardson
Legislator
SB 796 enhances emergency preparedness by allowing state employed peace officers, firefighters, and lifeguards to receive optional scope CPR and first aid training authorized directly by the California Emergency Medical Services Authority, ensuring that consistency, I mentioned, the high quality and instruction across all departments. SB 796 directs California EMSA to implement quality assurance and improvement measures to ensure training programs remain effective, evidence based, and aligned with current emergency medical standards.
- Laura Richardson
Legislator
Currently... Excuse me. Currently, state agencies such as CHP, CAL FIRE, and California State Parks employ first responders trained in public safety first aid, also known as PSFA, which requires a minimum of 21 hours of instruction. To operate a public safety first aid program, agencies must receive emergency medical services authority.
- Laura Richardson
Legislator
EMSA may also expand their programs by including the optional scope life saving skills such as Narcan for opioid overdoses, oxygen therapy, and gas exposure antidotes based on agency needs. So that's one of the additional things we want to make sure is available is the optional scope.
- Laura Richardson
Legislator
Again, that provides life saving skills such as Narcan, which many of us are learning about for opioid overdoses. Excuse me, too much cough medicine. Oxygen therapy and gas exposure antidotes. It is important to note California and Colorado, and this is a real key point for all Members.
- Laura Richardson
Legislator
It's important to note that California and Colorado are the only states that delegate EMS oversight to county level local EMS agencies, also known as LEMSAs. Unlike centralized models used in the other 48 states, LEMSA is a decentralized structure, which creates barriers such as state agencies must obtain separate approval from each local EMS agency to use optional scope skills even when those skills are identical across counties.
- Laura Richardson
Legislator
So envision this, authorized state employed peace officer, CHP, having to get approval from Long Beach, from Manhattan Beach, from any communities all along the way. And meanwhile, they can't provide these much necessary services that our community needs. Employees must reapply while transferring between counties, leading to delays and inefficiencies.
- Laura Richardson
Legislator
SB 796 removes these redundancies by granting EMSA the authority to approve statewide use of optional scope skills for state employed PSFA providers. This ensures seamless, consistent care across jurisdictions and eliminates unnecessary reapplications. By equipping first responders with EMSA backed portable training, SB 796 strengthens California's emergency response system and improves outcomes in life threatening situations.
- Laura Richardson
Legislator
SB 796 legislation underscores California's commitment to public safety and the workforce. It's not enough just to call 911. We got to give them the tools to be ready to help us. And that readiness is making sure our first responders have the tools, the training, and the flexibility they need to save lives where every second counts. With that, I'll pause for a moment to hear if you have any other witnesses who'd like to participate. Because I'm bringing this forward on behalf of the administration, I won't have the law enforcement testify.
- Caroline Menjivar
Legislator
Okay. Thank you. Any me toos in support? Okay. Do we have any formal opposition? Me toos in support or formal opposition? Come on. Okay, sure.
- Darby Kernan
Person
Hi. Darby Kernan. I represent the EMS Administrators Association of California. We are in opposition, but do believe the amendments that I believe are being taken help move the bill a long way. We've been meeting with the Senator's office and staff and had conversations with CHP.
- Darby Kernan
Person
And while we think the EMDAC and regulatory process is a way to go about this, we do understand that it takes some time to contact all of the different LEMSAs, and so we understand why they're doing legislation. We still think the process that exists today does work and is sufficient, but we understand why you're doing the bill. And while we're opposed, we're working with the office. Thank you.
- Caroline Menjivar
Legislator
Me toos in opposition? Coming back to the Committee. One second. I've learned I can't recognize the editors. Senator, thank you so much for bringing this bill forward. I 100% agree with you. If a CHP officer is going up and down a highway crossing various counties, that would be very frustrating to get 44 different LEMSAs approval for additional training.
- Caroline Menjivar
Legislator
I hear you with that. I didn't recognize. I think it was a good example talking about our state lifeguards, that one lake in particular could be surrounded by three different counties and would need three different LEMSAs to approve the certification.
- Caroline Menjivar
Legislator
I think it's good to have EMSA take the lead if this is a state employee and have the state overhead lead take the lead there as well. Thank you for taking the amendments to strike out the licensed individuals because that's additional training like the EMTs, paramedics, and I think that addressed some of the concerns of the opposition. Seeing no other conversation, I'll let you close.
- Laura Richardson
Legislator
Well, thank you for assisting me in closing there. To summarize, as our very fine Chair said, this is an issue with individuals who work in multiple counties, and we also must recognize that there is tough, we're having a very tough time fielding enough officers, CHP officers, lifeguards, and so on. And so adding this additional difficulty really means that the difference between someone who may need that care, and we need people trained and we need them trained now. And we need them trained.
- Laura Richardson
Legislator
We don't want to also lose sight that it's important to have the consistent training so that everyone is up to speed and has the best skills to be helpful. So with that, I respectfully ask for your aye vote and for us to give the confidence to all of our state employed law enforcement associates the opportunity to be fully equipped to do their job.
- Caroline Menjivar
Legislator
Thank you so much, Senator. We have, the bill has been moved by our Vice Chair. The motion in front of us is do pass as amended and re-refer to the Committee on Appropriations. Committee Assistant, please call the roll.
- Caroline Menjivar
Legislator
Senator, that is on a 5 to 0. Gonna put that on call for the rest of the Members to vote on. Let's, we're going to be taking up the consent.
- Caroline Menjivar
Legislator
I do want to note though, so currently on consent right now we have file item 2, SB 83, file item 6, SB 338 and file item 9, SB 317. However, file item 2 SB 83 has been pulled from consent and the author will be presenting that. So we are voting on only items.
- Caroline Menjivar
Legislator
File 6, file item 6 and file item 9. Committee assistant moved by the Vice Chair Chair. Committee assistant. Please call the roll.
- Caroline Menjivar
Legislator
Consent calendar has 5 to 0 currently. Right now we're going to put that on call. Senator Umberg is back. He will be presenting file item 2, SB83. When you're ready, Senator.
- Thomas Umberg
Legislator
I'm ready. All right. Well, here we are again. Deja Vu all over again. So thank you, Madam Chair. I'm presenting Senate Bill 83. I mentioned this morning that bad things happen when there's not accountability, there's not transparency, and there's not a sanction for wrongdoing.
- Thomas Umberg
Legislator
In essence, what this bill does is it adds in particular transparency in connection with an accountability with respect to substance abuse disorder treatment facilities. It provides those who are seeking treatment and their families with the ability to make informed decisions about where they should seek treatment.
- Thomas Umberg
Legislator
So DHCS has a website that lists, you know, treatment facilities and their status.
- Thomas Umberg
Legislator
What this bill does is it says not just do you list the status, not just if there's a violation, but what is that violation, so that the consumer, someone making an informed choice, can look to see various treatment facilities and see what's said about their current status and why.
- Thomas Umberg
Legislator
With me here to testify is Landon Morrison and Chrissy Hand, who I want to thank for being here today and bravely telling their stories in connection with this industry.
- Landon Morrison
Person
Hello, my name is Landon Morrison. This is my girlfriend, Christine Hand. Two years ago, we were transported from Oklahoma by 55 Silver. We realize now that there are many LLCs under the 55 Silver umbrella that are licensed and owned under various names to avoid city and state regulations.
- Landon Morrison
Person
Had SB 83 been enacted then, we may have made a very different decision. Not knowing what we were going to get into, we signed up for detox and treatment with 55 silver, which owns a number of compounds and facilities across California. Some are licensed and Some are not.
- Landon Morrison
Person
55 silver has levels of care, though we were told that beds were full and we were taken directly to one of 55 silver sober living facilities. This is not uncommon, and it's not how most people end up. It's how most people end up in sober homes. In California, we signed up for treatment and detox.
- Landon Morrison
Person
Companies like 55 Silver get our information and insurance and Bill for treatment, and the people are dumped in sober living homes. There was no supervised or safe detox in our facility, and we were immediately given jobs and responsibilities. Myself as a maintenance tech, Chrissy as a house manager.
- Landon Morrison
Person
Chrissy was then provided with pills to dispense to clients such as Suboxone, Gabapentin and Xanax. Without any training or proper storage. Medications were only allowed to be prescribed by 55 Silver's doctors and from their pharmacy. We were roughly paid $2 an hour for our employment.
- Landon Morrison
Person
Clients were dumped on the streets and forcibly removed from these facilities for a variety of reasons such as angering a house manager, not logging in the group, or having something as simple as a lapse in insurance, then given a 30 minute notice to vacate with no resources or assistance.
- Landon Morrison
Person
These evictions are what the goon squad was used for and 55 Silver's empire, partially hospitalized patients, intensive outpatient programs and sober livings are all one and the same. In one case, a client overdosed on fentanyl during participation of treatment on ZOOM in a sober living house.
- Landon Morrison
Person
Another client was denied medications prescribed from an emergency room visit resulting in death from untreated infections. His body was not found for almost 24 hours. Each of these families were lied to about the cause of death. We have evidence that consists of witness statements, photos, videos and other documents which pertain to civil and criminal violations.
- Landon Morrison
Person
In the last year, we have opened cases and filed complaints with DHCs, the Insurance Fraud Department, Civil Rights Divisions, the Labor Board and many other entities with little to no response. Complaints we have forwarded to DHCs have not been tracked and have not shown on their websites.
- Landon Morrison
Person
We have forwarded all the information to Senator Umberg's office and have authorized him to share the information with this Committee. As a consequence of our whistleblower actions, 55 Silver met us with retaliation. Within a span of one afternoon, we lost our jobs, our residents and our security.
- Landon Morrison
Person
We were confronted with the goon squad attempting to employ the same force and fear tactics we had been aware of on so many occasions. And the nature of 55 Silver's prior license suspensions and revocations had been known to us beforehand.
- Landon Morrison
Person
We could have made a better and more informed choice about the treatment we sought and the company that we trusted to help us. We are here today to support SB83. The current process is broken and extremely volatile on all fronts. Thousands of people are stuck in pieces of this corrupt environment and licensed and unlicensed facilities alike.
- Landon Morrison
Person
We ask you to consider SB SB 83 because it'll save lives. If we had an opportunity to research these facilities to be able to see what infractions had occurred when they had occurred, with more transparency, we could have made an informed decision and we would have probably chose a different route. So I thank you for your time.
- Christine Hand
Person
I'm just here to help answer questions. It's our story as a whole. Everything that happened, I was the House manager, saw many, many what would be considered illegal civil and criminal activities. It was unfortunate to have to be in charge and be asked to be the one to implement that.
- Christine Hand
Person
Like he's saying, if there was more information on these websites about the infractions, about the violations, more detail, then clients can make an informed decision. When they're coming and making decisions for recovery, they're reaching for a solution and they're just met with the opposite of that. And information is very important.
- Caroline Menjivar
Legislator
Thank you. Thank you for sharing your story. I really appreciate that. Thank you. Any me toos in support of SB83? Do we have any. Think we have any formal opposition? No's. Opposed? Great. Bringing it back. Seeing nothing. No further questions or comments.
- Caroline Menjivar
Legislator
Again, Senator Umberg, I know these ratios are very important and near and dear to your, to your district. Senator, go ahead.
- Laura Richardson
Legislator
I just, I wanted to say something because we didn't say anything and I didn't want you to think we weren't paying attention or weren't touched by what you said. That's probably one of the more powerful examples that I've heard of this issue. And I think in addition to a mechanic, you'd probably be a good teacher.
- Laura Richardson
Legislator
But we really appreciate what you shared and I didn't want you in any way to feel that we, because of the sensitivity and the impacts of what that meant to both of you. I just didn't want you to walk away with feeling like, you know, they didn't get it kind of thing. So thank you for being here.
- Caroline Menjivar
Legislator
Yes. Thank you so much. Senator, I was just going to echo what we talked about earlier a couple hours ago. I know these are important issues to your district and these are the people's faces to these kind of situations that you've been bringing up to our body here.
- Caroline Menjivar
Legislator
And we're looking to balance the line of how we can approach this to ensure that situations like you just shared with us don't happen to other people. Thank you for coming to this body to share that and bringing light and putting a face to that kind of story. And with that, I'll let you close.
- Thomas Umberg
Legislator
Well, thank you. Has there been a motion? There we go. Thank you very much. Thank you for your comments.
- Caroline Menjivar
Legislator
Don't worry, we weren't going to skip that, Senator, I promise thank you, Madam.
- Thomas Umberg
Legislator
Chair I know you share the same concerns, same values that we share and this is while it may be concentrated in, you know, Coastal Delft fraud or the Rehab Riviera, it actually is a statewide issue and I appreciate your support and your deep engagement to on these issues and with that, thank you very much Mr. Morrison Ms.
- Caroline Menjivar
Legislator
Vote it has been moved by Senator Richardson Motion in front of us is do pass and we refer to the Committee and appropriations with the two appropriations Community Assistant, please call it roll Menjivar.
- Caroline Menjivar
Legislator
That center that has 60, we're going to put it on call for the rest of the Members thank you so much thank you.
- Caroline Menjivar
Legislator
We are now going to move on to file item 13, SB 41. Senator, if you're ready, you can begin.
- Scott Wiener
Legislator
Thank you very much, Madam Chair. Colleagues, I want to here today to present SB 41 to require transparency and terrain and abusive behavior by pharmacy benefit managers, activities that are contributing practices that are contributing to rising prescription drug prices.
- Scott Wiener
Legislator
I want to start by accepting the committee amendments and I want to thank the committee for working with us on this bill. Pharmacy benefit managers negotiate and buy prescription drugs in bulk from manufacturers on behalf of health plans and insurers, as well as establishing formularies and pharmacy networks and setting reimbursement rates that health plans pay pharmacies.
- Scott Wiener
Legislator
These entities, PBMs decades ago began as small administrative entities that health plans set up to help do the formularies and administer this whole, the whole system with purchasing drugs. But over the years, PBMs have grown into massive, massive corporations, often larger than the health plans. They sometimes own their own health plans, they now own their own pharmacies.
- Scott Wiener
Legislator
They have become corporate behemoths that play a very, very powerful role, I think sometimes unduly powerful, within the health care systems. And they exert massive influence over the cost and availability of prescription drugs. Their immense power makes some of their business decisions pretty concerning.
- Scott Wiener
Legislator
The behavior of PBMs is concerning enough that the Federal Trade Commission and congressional committees have launched investigations into their practices. There's bipartisan support in congress to regulate them, and we saw in the past bipartisan support in this legislature to regulate these them in terms of their abusive practices.
- Scott Wiener
Legislator
There have been well documented investigations and exposes in the Wall Street Journal, the New York Times, other respective publications documenting the problems that PBMs are causing. The New York Times in its Investigation found that PBMs often push patients towards drugs with higher out of pocket costs.
- Scott Wiener
Legislator
And the reason that PBMs often favor higher cost drugs is because one of their forms of compensation are rebates based on a percentage of the price of the drug. And the higher the price of the drug, the higher the rebate, the higher the compensation for the PBM. In addition, PBMs own their own pharmacies.
- Scott Wiener
Legislator
And so they steer patients to their own mail order pharmacies, away from brick and mortar pharmacies, and by doing so are destroying community pharmacies and even harming the chain pharmacies.
- Scott Wiener
Legislator
So that if people, some people like mail order pharmacies and they're great with it, but a lot of people want to be able to go to their pharmacy and have a pharmacist right there who is a health care provider and be able to do that at the neighborhood level.
- Scott Wiener
Legislator
And PBMs have designed systems to try to push or even effectively force people to use the PBM's own pharmacies. And their compensation rates also reflect favoring their own pharmacy.
- Scott Wiener
Legislator
We've seen, for example, one of the examples that I think resonates with a lot of people because they've experienced it, is where you're offered a choice by your PBM for prescription.
- Scott Wiener
Legislator
You can either get a 90 day supply mailed to you from the PBM's own pharmacy, or if you choose to use a brick and mortar pharmacy, you only get 30 days. So you have to go back every month. And that's one of the ways that they use to try to induce you to use their own pharmacy.
- Scott Wiener
Legislator
PBMs also administer reimbursement claims, giving them full control over how much a pharmacy is reimbursed for dispensing a medication. And we've seen abuses there where they favor their own pharmacies. And we see community pharmacies that are losing money on every medication that they are dispensing.
- Scott Wiener
Legislator
In San Francisco, we have a community pharmacy that's closing after 100 years because the owner has not been able to claim reimbursements. So this is just an absolute problem for community health and is causing a lack of access in terms of people's ability to get the health care that they need.
- Scott Wiener
Legislator
So there are just various practices that are just frankly abusive and need to end. SB 41 will put an end to these practices in terms of spread pricing, rebates, favoring their own pharmacies and requiring licensure of the PBMs so that they can actually have oversight and transparency.
- Scott Wiener
Legislator
This is a bill whose time has come and I respectfully ask for your I vote. With me to testify in support of the bill is Dr. Clint Hopkins, who's a pharmacist and owner of Pucci's Pharmacy here in Sacramento, and Pedro Delcole, a patient advocate.
- Caroline Menjivar
Legislator
Doctor, you may begin. Gentlemen, you have five minutes total.
- Clint Hopkins
Person
Thank you. Good morning, Madam Chair and Members. I'm Dr. Clint Hopkins, pharmacist and owner of Pucci's Pharmacy, Independently owned in Sacramento since 1930. PBMs dominate not only the pharmacy market, but also the healthcare market at large.
- Clint Hopkins
Person
They own health plans, the pharmacy down the street, the switches that process our claims, the mail order pharmacy to where they steer our patients, and they dictate the contracts that underpay and force pharmacies out of business.
- Clint Hopkins
Person
I'm sure that each of you can look to the pharmacy closures in your own districts, not only independents but also chains, and find constituents who have lost access to local health care. Contracts with PBMs are not negotiable and unprecedented in any other industry. Any attempts to negotiate with these behemoths for fair contracts are denied.
- Clint Hopkins
Person
Their take it or leave it contracts force pharmacies to turn away patients when drugs are reimbursed below cost for the drugs we do dispense. PBMs continue to find ways to scam pharmacies and consumers using practices such as effective rates and spread pricing. Thanks to recent federal legislation, the PBM practice of clawbacks on Medicare claims was recently stopped.
- Clint Hopkins
Person
In 2024, PBMs responded by forcing new contracts on pharmacies with unsustainable rates, forcing pharmacists to again turn away patients. PBMs determine which meds are on formularies, oftentimes choosing a drug that costs the patient more but the PBM prefers because they get a larger rebate.
- Clint Hopkins
Person
This high cost pay to play strategy has resulted in skyrocketing costs for brand name medications, making them unaffordable for many patients. I'm certain that no one in this room can say that they've ever received a rebate check from their pbm, saying here's your rebate back from the drug that we dispensed for you.
- Clint Hopkins
Person
PBMs jack up prices and they retain those rebates as profits. For far too long, PBMs have operated in the shadows, extracting exorbitant amounts of money from the system that they've designed. PBMs are the only entity in the healthcare cascade which are operating unlicensed in this state.
- Clint Hopkins
Person
Without licensure, PBMs will continue to run afoul, causing more pharmacies to close, local jobs to be lost, and patients to lose access to healthcare in their communities. It's time to bring sunshine to the PBMs. I respectfully request your I vote on SB 41.
- Pedro Delcole
Person
Hello, my name is Pedro Alcala. I have been a patient of Pucci's Pharmacy for about two years, but my journey to finding Pucci's was frustrating. When my doctor prescribed my medication, the only option I was given was through mail order. I waited weeks but the medication never arrived.
- Pedro Delcole
Person
So I went back to the clinic and I was referred to an infusion center instead. For some reason they didn't get my paperwork. Nobody was able to help me, so I still did not get my medication. At this point, my doctor suggested I go to Pucci's pharmacy, which is the only pharmacy that actually offers it.
- Pedro Delcole
Person
Since then, I have been receiving my medication and getting excellent care. But there is a problem. My pharmacy is losing $177 on every dose. I don't understand how PBMs are allowed to operate this way. This is wrong, and I'm afraid I might not. It might not be sustainable.
- Pedro Delcole
Person
How long can my pharmacy continue providing my medication I need if they're losing money every time? It took over a month for me to finally start getting my medicine. I hope none of you ever feel the frustration I did. I just wanted my medicine and I couldn't get it.
- Pedro Delcole
Person
As a Member of the LGBTQ community, it also means so much to receive my care from somebody who understands my needs. And as a Latino, I know there are many others in my community who face similar challenges, but they don't know where to turn, so they wait. Or worse, they give up. That's not okay.
- Pedro Delcole
Person
Everyone deserves access to the medications they need. I urge you to support SB 41. Thank you.
- Caroline Menjivar
Legislator
Thank you for your testimony. Now is the time for me toos in support of SB 41.
- Anne Sodergren
Person
Good afternoon. Anne Sodergren with the California State Board of Pharmacy and support.
- Shira Spector
Person
Shira Spector for Stone Advocacy on behalf of the California Orthopedic Association. In support.
- Fred Noteworth
Person
Good afternoon. Fred Noteworth representing the Pharmaceutical Research and Manufacturers of America. In support. Thank you.
- Cher Gonzalez
Person
Cher Gonzalez on behalf of my clients, the American Diabetes Association and the Hemophilia Council of California, in support.
- Kathleen Mossburg
Person
Kathy Mossburg on behalf of San Francisco AIDS Foundation, a co-sponsor, and APLA Health in support.
- Rand Martin
Person
Madam Chair and Members, Rand Martin on behalf of the AIDS Healthcare Foundation in strong support. Thank you.
- Timothy Madden
Person
Tim Madden representing the California Rheumatology Alliance in support.
- Sara Abbasi
Person
Hello. Sara Abbasi, first year student, pharmacy, at California Northstate, in support.
- Meagan Subers
Person
Thank you, Madam Chair. Meagan Subers on behalf of the Los Angeles LGBT Center, a co-sponsor in support. Thank you.
- Liz Helms
Person
Thank you, Madam Chair. I'm Liz Helms, California Chronic Care Coalition, also co-sponsor in strong support.
- Sato Isa
Person
Hi. My name is Sato Isa. I'm an intern pharmacist from Sacramento, California in full support.
- Lisa Kroon
Person
Lisa Kroon, pharmacist and professor at the UCSF School of Pharmacy, here on my own behalf in strong support of SB 41.
- Celine Chandler
Person
Hello. My name is Celine Chandler. I'm a licensed California pharmacist, and I strongly support. Thank you.
- Robin Corelli
Person
Good afternoon. My name is Robin Corelli. I'm a licensed California pharmacist, faculty member at the UC San Francisco School of Pharmacy. Speaking on my own behalf and in strong support of this bill.
- Elisa Tong
Person
Hello. Elisa Tong, internal medicine physician here in Sacramento, in strong support.
- Jennifer Snyder
Person
Jennifer Snyder on behalf of the National Association of Chain Drug Stores and the California Life Sciences in support.
- Mohamed Al-Aziz
Person
Good afternoon. This is Mohamed Al-Aziz from Sacramento. I'm first year student in California Northstate University at College of Pharmacy. I stand in support. Thank you.
- Isaiah Cyboff
Person
Good afternoon. I'm Isaiah Cyboff. I'm a fourth year student at Touro University, and I'm in strong support.
- Roya Aminpour
Person
Good afternoon. Roya Aminpour, intern pharmacist from University of California Irvine, in support.
- Ellen Tian
Person
Hello. Ellen Sergis Tian, intern pharmacist from University of the Pacific, in strong support.
- Michelle Rivas
Person
Hello. Michelle Rivas, California Pharmacists Association, co-sponsor in support.
- Andres Ramirez
Person
Good afternoon, Madam Chair and Members. Andres Ramirez with Blue Shield of California. We have a support if amended position, but thank the author for his work and hope to work with him and his staff to get to a full support. Thank you.
- Caroline Menjivar
Legislator
Thank you. I'd now like to welcome up the formal opposition. Go ahead. Five minutes total.
- Alison Ramey
Person
Good afternoon, Madam Chair and Members of the Committee. Alison Ramey, here today on behalf of the Pharmaceutical Care Management Association in opposition to the bill for the reasons outlined in our letter. I do want to say that we're not opposed to licensing, we're not opposed to transparency.
- Alison Ramey
Person
We do believe that it should be across the entire drug supply chain so that we better understand and get the information needed to make sound policy decisions. I would like to hand the remainder of my time over to Ike Brannon, an economist with the Kemp Foundation, to speak to the most problematic provisions of this bill that we believe will do the exact opposite of what we all want to achieve, which is more affordable, accessible prescription drugs. Thank you.
- Ike Brannon
Person
Thank you. I'm grateful for the chance to testify in front of the Committee and to provide my perspective on the legislation and PBMs in particular. Drug prices are high in the US first and foremost because it remains costly to discover, develop, and test new drugs in the US, and pretending that there's some easy legislative sleight of hand that can painlessly reduce drug costs is deceitful. It's also worth noting that drug costs are not anywhere near the main cost of health care inflation in the United States.
- Ike Brannon
Person
Drug costs constitute only 11% of all health care costs, and they have only barely outpaced drug care inflation. Drug cost inflation has barely outpaced regular inflation in the last decade. The underlying logic of this legislation is that PBMs are mere middlemen that extract revenue from the transactions between health plans and pharmaceutical companies without providing any tangible service.
- Ike Brannon
Person
The implication of this assumption is that eliminating them, or as this bill does, greatly restricting their activities, will reduce PBM profits and that these savings will simply accrue to patients via reduced drug cost or reduced insurance costs. However, this blame of the middleman perspective isn't true.
- Ike Brannon
Person
PBMs provide considerable value by negotiating lower prices and managing drug formularies on behalf of health care plans offered by unions, large employers, companies, and governments, including the State of California. An abundance of evidence shows that they are very successful in this.
- Ike Brannon
Person
For instance, a study I did in 1920, in 2020, showed that the State of Illinois's decision in 2018 to use pharmacy benefit managers to manage their drug formularies with respect to hepatitis C drugs ended up saving the state hundreds of millions of dollars a year compared to states nearby, such as Michigan, that that chose to do this on their own.
- Ike Brannon
Person
That was a dramatic saving that went to the taxpayers of Illinois. Illinois's PBMs accomplished this by leveraging their market power and forcing the pharmaceutical companies that sell those drugs to provide a lower price or have their drugs be removed from the state's formulary in place of a competing drug.
- Ike Brannon
Person
While the current bill does not eliminate the role of PBMs, it contains several provisions that make it more difficult for them to negotiate lower prices. For instance, the provision to delink fees paid to a PBM from the cost savings achieved would reduce the PBM's incentives to reduce the cost.
- Ike Brannon
Person
The arrangement would effectively push employers back towards a fee for service model and away from the value based payment arrangements that private insurers have been trying to implement for decades. Similarly, banning exclusivity arrangements would also throttle the negotiating power of PBMs.
- Ike Brannon
Person
It's important to remember that PBMs are negotiating with pharmaceutical companies that are granted a legal monopoly via a patent, and they typically are larger than most of the PBMs. In fact, the market cap of the four largest pharmaceutical companies exceeds $2 trillion.
- Ike Brannon
Person
The only countervailing force of this market power is the market power comes from a PBM that has sufficient size to create something akin to a bilateral oligopoly, which gives it the ability to push prices down. If California were to limit the ability to have exclusivity arrangements, the negotiating power of PBMs would decline.
- Ike Brannon
Person
It's telling that the main advocates of legislation limiting the actions of PBMs have been the pharmaceutical industry, which doesn't like paying lower prices that PBMs achieve, and the independent pharmacists, which not only want higher disbursing fees but an end or a reduction of the direct delivery of drugs, which has been shown to greatly increase drug adherence, thereby improving health outcomes.
- Ike Brannon
Person
It's literally the only tool we have to increase people taking and keeping to their drugs. The Legislature should not take any action on this legislation regulating the prescription drug market until it can be assured that will do no harm to patient health and their pocketbooks. This does not pass this test.
- Caroline Menjivar
Legislator
Unfortunately, there's like seven seconds left, so we've run out of time for additional testimony here. Me toos in opposition of this bill?
- John Wenger
Person
Okay. John Wenger on behalf of America's Health Insurance Plans, the national trade association for the health plans. We do have an opposed position on the bill.
- Steffanie Watkins
Person
Steffanie Watkins on behalf of the Association of California Life and Health Insurance Companies, also opposed.
- Olga Shilo
Person
Olga Shilo on behalf of the California Association of Health Plans. We are opposed.
- Kelli Boehm
Person
Kelli L'Heureux with Resilient Advocacy on behalf of the California Chamber of Commerce with an opposed unless amended position. Thank you.
- Gema Gonzalez
Person
Good afternoon, Madam Chair and Members of the Committee. Gema Gonzalez on behalf of the Asian Pacific Chamber of Commerce, the California African American Chamber of Commerce, the Hispanic Chamber of Commerce, and the Black and Brown Coalition in strong opposition. Thank you.
- Shannon Grove
Legislator
Thank you, Madam Chair. I appreciate the information that was given from the opposition regarding the study on cost. I haven't been able to read your background, so I don't know, you know, how the study was done, and I apologize for that. But is that the only reason? Is this, you think it's going to be an adverse.
- Shannon Grove
Legislator
Is that the only opposition reason is that you think that implement? Because I don't see that. And mind you, the gentleman looks smarter than me on the table. But is there any other reason for opposition other than the cost, the potential cost, or the threat of cost being out there? Because I don't see that. Anybody?
- Ike Brannon
Person
I would say the whole reason that PBMs exist are to negotiate lower prices on behalf of health care plans.
- Shannon Grove
Legislator
But that's not working. So is there another reason for opposition?
- Ike Brannon
Person
So I don't know what you mean by not working. Right. There's plenty of evidence that the PBMs have been successful at this. So for instance, the idea that rebates simply go entirely to PBMs is simply wrong. 85 to 90% of those are given back to health care plans. Right.
- Ike Brannon
Person
We negotiate lower rebates instead of lower prices because of the Robinson-Patman Act, which prevents price discrimination in all major markets. So this is really the only reason that these things exist, rebates exist is because of this federal legislation that was passed at the end of World War II.
- Ike Brannon
Person
The obvious solution if people are upset with rebates, again, which all go back to health care plans, is to simply get rid of Robinson-Patman and then they can negotiate lower prices and then it would be more transparent that they actually produce lower drug care costs.
- Shannon Grove
Legislator
So I guess, I'm not a pharmacist and I don't run a pharmacy. I have a staffing industry. So I could talk labor and taxes and those kinds of things, regulatory stuff all day long. But I have 13 small to medium sized pharmacies, plus my Walgreens wanting this bill. Now why would they want this bill to increase cost on their consumers when every one of them tells me that it's going to decrease costs and that PBMs are the problem? Just asking.
- Alison Ramey
Person
If I might respond. We have in this bill the dispensing fee increase. So naturally and understandably so, you have your independent pharmacies wanting an additional dispensing fee. So that is beneficial to them, but that does come at a cost. We're talking often about affordability, and there's a tension between increased dispensing fees and affordability. Where does that increased dispensing fee or reimbursement go to?
- Clint Hopkins
Person
Pharmacies are closing across the state. Pharmacies are closing across the country. We're not asking for higher dispensing fees per se. We're asking simply to be paid at least the cost of drugs and the cost of doing business. As also a purchaser of healthcare for all of my employees, I've also never received a check back from my plan.
- Clint Hopkins
Person
I didn't get to pick which PBM manage the benefits for the health plan that we picked. That's all decided by the health plan. And they all determine, the plans determine which PBMs they work with. And I also have talked with people in pharma who don't want to come forward and they don't want to say who they are.
- Clint Hopkins
Person
But they said we were going to bring this drug to the market at X price. Let's say it's $2,000. And that would have also not been affordable, let's face it. But if we had brought that drug to market, then a certain PBM was not going to put it on their formulary. So they came to us and said, if you will raise the price to $4,000 and give us a $2,000 rebate, we'll put it on your formulary. And I can't make that stuff up. It's real, it's true, but they just don't want to come forward and talk about it.
- Suzette Martinez Valladares
Legislator
So I'm going to be supporting this bill because the current system is just not working. Prescriptions are just too expensive and too many people are struggling to pay for those. But I do, however, want to ask a fair question to the author. Given that the Governor's recent announcement that the rising drug prices have significantly contributed to increase Medi-Cal costs, how does this bill, does this bill aim to stabilize drug prices or address accountability for these increases?
- Scott Wiener
Legislator
Well, so just to be clear, neither I nor anyone is claiming that the only problem in the health care industry is PBMs. Never said that. You know, as you know, because you sit on this Committee, I was here a few weeks ago on a bill where we were fighting with the health plans.
- Scott Wiener
Legislator
I've also supported, I supported the Pharmaceutical Drug Transparency Bill years ago by Senator Pan, was it SB 17, that the pharmaceutical industry fought against. So there are various things that we need to do. This is absolutely one of them. The broader issue around the pricing of pharmaceuticals is a, is another issue. And some of It's at the state level, some of that is at the federal level.
- Scott Wiener
Legislator
So it's, they're not mutually exclusive. There are various issues that we have to tackle, but this is one of them where we have a system where you have the payers. Like, if you think about like just the way the system is set up, you have the payer, the health plan, you have the patient, and then you have the healthcare providers who are receiving payment, whether, you know, in this case, pharmacists or whoever's receiving the payment.
- Scott Wiener
Legislator
And then you have these massive corporations right in the middle of all. And you have the pharmaceutical industry selling the drugs. So you have the manufacturing and selling the drugs, the payer, the health plan, the pharmacy who's dispensing, and the patient.
- Scott Wiener
Legislator
And then you have this, not just like an entity that's helping facilitate, but this facilitator that's become so massive that, like, why is that? And that's just extracting value out of the system. And that's what the rebates are. That's what the spread pricing is. And it doesn't have to be that way. And that's why we want to eliminate those practices. So I know you're saying you support the bill, and I appreciate that, but that is, it is a significant issue. It's not the only issue. I just want to be very clear. I would never claim that.
- Suzette Martinez Valladares
Legislator
And then lastly, I know that in the past we've kind of joked about this, but with as big as an issue as this is, the Governor vetoed this. Is this, is this lucky number three? Is that what we're on? Number two. Okay, well, let's not hopefully get to lucky number three.
- Scott Wiener
Legislator
I'm a big believer that sometimes you have to like talk about it and ask multiple more than once. And my mother can attest to that from when I was a child. And you know, we're going to make the case to the, to the Governor that he should, he should sign this.
- Scott Wiener
Legislator
And you know, we've had bills where gets vetoed once and second or third time it gets signed. Sometimes it's more. Senator Limón can attest to that. And you know this, as I mentioned at the last hearing, on the insulin co-pay cap. We're co-equal branch, and we need to be the partner with the Governor that, that we are.
- Suzette Martinez Valladares
Legislator
So I can understand that, you know, you don't want to pick fights with the Governor. I get it. But with issues as big as it as this is, I... You don't have to answer, but we should give it some serious consideration.
- Scott Wiener
Legislator
I reintroduced two vetoed bills this year, so I'm certainly not shy about expressing when I disagree with the Governor as much as I agree with the Governor on many things.
- Akilah Weber Pierson
Legislator
Thank you, Chair. I want to thank the author for once again bringing this bill forward. It is an extremely important issue. And although, you know, our healthcare system, our pharmaceutical system is unfortunately extremely complex in this, in this country, we could not put all of the blame on PBMs for the cost of medications in this country.
- Akilah Weber Pierson
Legislator
One of the things that kind of sticks out to me is that we are probably the only nation that has PBMs the way in which we have them. And the reason why I started looking it up was because of the opposition's testimony to basically state that one of the main reasons why the cost of drugs here are so high is because of research and design. However, we're not the only country that does that.
- Akilah Weber Pierson
Legislator
And yet, you know, in 2022, US drug prices were nearly three times higher than those in 33 comparison countries. And so, you know, we've got this system of PBMs and other things. And so to say it's really due to R and D, I don't necessarily buy that. I do think that PBMs play a significant role in the cost of our drug prices here being so high and whatever we need to do to bring it down so that it becomes more affordable for Californians who are truly struggling.
- Akilah Weber Pierson
Legislator
And unfortunately, having to choose between their medication and keeping their lights on or getting to work or having food is just unconscionable. And so I want to thank you for bringing this bill forward again, and I would move it at the appropriate time.
- Caroline Menjivar
Legislator
Thank you, colleagues, for that. You know, I agree, and I'm glad that you pointed it out, Senator, that this isn't the only entity that we need to look at. And that's the lens that I was looking at this bill through and saying that I worried that if we focus the entire limelight on PBMs, we weren't going to address the entire issue.
- Caroline Menjivar
Legislator
I looked with the amendments to scale back a little because I want to make sure, at the end of the day, we're just not looking to change the balance of who wins today and who wins tomorrow. For me, the bottom line is the consumer. It's the individual. Are these costs going to be lower to the individual? Is whatever PBMs are doing is that helpful for the consumer? And what I didn't want is to swing the pendulum all the way to the other side where another entity has the ability to then increase the cost there.
- Caroline Menjivar
Legislator
So the amendments that we propose that I know you'll be taking in the next Committee, look to do that. So we wanted to allow exclusivity contracts only when it reduced cost sharing. You know, we want to allow bonuses for PBMs when it reduce cost sharing for enrollees.
- Caroline Menjivar
Legislator
And we want to make sure that the cost sharing is calculated based on the cost paid by the plan. I agree on other things, the spread pricing, I think that's very important. But on the rebates, there's no guaranteed. Even though if we do 100% pass through, there's no guarantee that the consumer is actually going to get that rebate. You know, we're still switching rebates from one entity to another entity. And for me it's like, how is that going to benefit the consumer? There's still a lot at play here.
- Caroline Menjivar
Legislator
There's still a lot of variables behind the scenes of what increases drug prices. But I know we need to do something. I know you and I, we've read endless amount of briefings in this, and as a Member before, we've looked at this bill as well. But that's the lens. And Senator, I'd love the opportunity to give you an opportunity to share with us how is this going to impact consumers. How is these tactics we're removing from PBM practices going to trickle down to consumers?
- Scott Wiener
Legislator
Well, I mean, first of all, and thank you for that. And I do want to just emphasize, as I said before, there are various reasons why costs are so high. I recently had to go to an urgent care. I'm fine, don't worry. But. And I had to give a urine test, and it was covered by insurance, but at first it got billed improperly. So I started getting the bills. And just that one simple urine test, it would have been like $1,500. Right? That's like.
- Scott Wiener
Legislator
So there are a lot of sources of cost problems in our system, but this is definitely one of them. When you have that mega corporations are just plopped down right in the middle of everything else and extracting that value. In terms of consumer benefits, first of all, the fact that consumers are able to go to their local community pharmacy, that in and of itself is a huge benefit if they're not being forced into these mail order pharmacies.
- Scott Wiener
Legislator
In addition, in this Committee, because you know this, Madam Chair, you see it all the time and you've been a Member of this Committee a long time. We get these CHBRP analyses for how is X coverage mandate going to affect premiums. So even if the health plan, if the payer, if more of that is going to the payer, the reverse should be true in terms of calculating and impacting premiums and the costs that are passed on to consumers.
- Scott Wiener
Legislator
So that's not necessarily a direct cash transmission to the consumer, but when you're reducing the costs in the system, the system should be benefiting consumers writ large. And if they're not, then we need to address that as well. So again, this doesn't fix everything, and I'm not going to stand here and say that it is. But by reducing overall costs, I think that is generally beneficial to the system and it benefits every consumer.
- Caroline Menjivar
Legislator
I'm also concerned about the lack of small pharmacies in different areas. But I also recognize, and I like mail in, like, you know, it helps some people. But we want to make sure that all options are available for everybody. Seeing no other questions or comments, allow you to close, Senator.
- Caroline Menjivar
Legislator
I think I heard it moved by Senator Dr. Weber Pierson. Motion in front of us is do pass and re-refer to the Committee on Judiciary. Committee Assistant, please call the roll.
- Caroline Menjivar
Legislator
Senator has seven and a zero. We're going to put it on call for the rest of the members. Our final bill. Calling the rest of our committee members, we have this last bill. File item 11, SB 403, Senator Blakespear. Calling on committee members. Senator Blakespear.
- Catherine Blakespear
Legislator
Yes, begin? Thank you, Chair. Hello, Chair and colleagues. I am pleased to author SB 403, which is sponsored by Compassion and Choices Action Network. This bill removes the January 1, 2031 sunset for the End of Life Option Act, California's medical aid in dying law.
- Catherine Blakespear
Legislator
I'm agreeing to take the amendment that was described in the committee analysis with the understanding that the Department of Health will retain their existing authority to determine what information is included in the data that is released.
- Catherine Blakespear
Legislator
The legislature passed the End of Life Option Act in 2015 to give mentally capable terminally ill Californians the right to request aid in dying drugs from their doctor so that they can have an end of life experience that is aligned with their beliefs and values.
- Catherine Blakespear
Legislator
To qualify, a person must be an adult, a resident of California, and be diagnosed with a terminal disease defined as an incurable and irreversible disease that will, within reasonable medical judgment, result in death within six months. The person must have the mental capacity to make medical decisions and be able to self administer and inject the medication.
- Catherine Blakespear
Legislator
There are many safeguards in place. These include requiring a doctor to determine the person has the capacity to make informed medical decisions and is not making the request under undue influence of another. Also, the person must be informed of alternative options such as palliative care and that they can change their mind at any time.
- Catherine Blakespear
Legislator
Furthermore, the diagnosis and the prognosis must be confirmed by a second provider. Additionally, the person must make two oral requests directly to their doctor at least 48 hours apart and submit a written request witnessed by two adults. In 2023, 1281 people received an aid in dying prescription and 835 took the medication and died.
- Catherine Blakespear
Legislator
Nearly 93% were age 60 or older and 93.8% were receiving hospice and/or palliative care at the time of death. Since the law went into effect on June 9, 2016 a total of 4,287 people have died following ingestion of aid in dying medication under California's End of Life Option Act.
- Catherine Blakespear
Legislator
Nine years of data show the law is working as intended and medical aid in dying is being safely practiced in California. There have been no reported problems or abuses. No other medical aid in dying law in the country has a sunset date. SB 403 removes the sunset, making the End of Life Option Act permanent.
- Catherine Blakespear
Legislator
The looming sunset can cause undue stress and fear in people diagnosed with a disease that will in several years be the cause of their death. Patients, advocates, medical providers, and faith leaders who rely on the law will no longer need to worry about access to medical aid in dying being removed.
- Catherine Blakespear
Legislator
With me here today, I have Dr. Catherine Forest, a clinical associate professor of community and family medicine and public health specialist. In 2021, her husband, Will Forest, benefited from the End of Life Option Act. And I also have with me Bonnie McKeegan, whose mother, Pamela Harris, had breast cancer and accessed California's End of Life Option Act and died in 2018 at age 74.
- Catherine Forest
Person
Thank you, members of the Senate Health Committee and Madam Chair for allowing me to testify today. I'm here representing my own viewpoint and not that of any of the organizations that I work for. My name is Catherine Sonquist Forest.
- Catherine Forest
Person
I'm a physician, family medicine physician, professor of family medicine, a public health scientist, and someone who's prescribed medical aid in dying. And, yes, I'm a widow. I'm here to urge you to support SB 403, which will make California's End of Life Option Act permanent. In 2021, I testified before this committee about my partner of 37 years, Will.
- Catherine Forest
Person
That spring, he was diagnosed with a motor neuron disease, now thought possibly a rare complication of long Covid. Within a few months, he lost his ability to walk, to talk, to speak, and eventually even breathe on his own. His mental capacity was completely intact. He was a brilliant public health scientist with 35 years of service to the State of California and the County of Santa Cruz and a deeply loving father.
- Catherine Forest
Person
After learning about his diagnosis was terminal, he turned to me, said, Catherine, if you hadn't worked on this aid in dying law, I would be living every last day of my life absolutely terrified. And the law gave him the peace to focus on the time he had left with us and our children.
- Catherine Forest
Person
Even with access to excellent palliative care, Will still faced barriers and untenable suffering. And one morning, after a terrifying night of choking and gasping, he whispered to me, gather the kids, I'm ready. We rolled his bed outside, and surrounded by trees and his loved ones, he died very peacefully.
- Catherine Forest
Person
This compassionate option gave Will a sense of control even as everything else was slipping away. But unless you pass SB 403, this law will expire in 2031. And that means families like mine and patients like Will will face fear and uncertainty about whether they'll be allowed the option when they need it most.
- Catherine Forest
Person
SB 403 only removes the sunset provision and keeps all the other elements of the law intact, as the senator has gone over with you, including the multi step request process, confirmation of eligibility, and opportunities for the patient to change their mind.
- Catherine Forest
Person
The continuation of the option of medical aid in dying is crucial for the agency at the end of life. As a widow, I challenge anyone in this room to assert that they're better able to determine how much suffering at the end of life my beloved should endure, except Will and his physician.
- Catherine Forest
Person
And as a physician myself, who sees how important this law works on the ground, I urge you to vote yes on SB 403 and make the End of Life Option Act permanent for all Californians. I'm here to answer any questions.
- Bonnie McKeegan
Person
Thank you. My name is Bonnie McKeegan, I'm a licensed clinical social worker from Grass Valley with a background in mental health and health care. I testified before this committee in 2021 in support of SB 380, which was critical to removing barriers to accessing medical aid in dying in California.
- Bonnie McKeegan
Person
That work mattered deeply to me then, and it still does because this law helped my mom, with end of life experience she desperately wanted. My mother died of metastatic breast cancer in February of 2018.
- Bonnie McKeegan
Person
Cancer is a horrific way to die, and sometimes even the best hospice care cannot manage a dying person suffering adequately, as was my mother's experience.
- Bonnie McKeegan
Person
My mother's greatest fear of suffering while dying came from watching my brother suffer, not just in pain, but from the loss of control over everything before his death at age 31 from malignant melanoma in 2002. And from her years of experience as a hospice caregiver, she knew what her future with terminal cancer looked like.
- Bonnie McKeegan
Person
And she begged my mom, my father and I not to let her suffer, on the day she was diagnosed with the metastatic breast cancer that was all over her bones. On February 5th in 2018, the day of her choosing, she used medical aid in dying.
- Bonnie McKeegan
Person
And because of California's End of Life Option Act, my mother died peacefully in her sleep, helped by my father and me. And that experience is why I supported 380 in 2021 and why I'm here today to support SB 403. Because no one should fear that this compassionate option should be taken away, could be taken away.
- Bonnie McKeegan
Person
Unless the sunset provision is removed, the law will expire. And that's really not far away, 2031. Especially for those people who are sick now with cancer or maybe in the coming years, they deserve to know that this option will be there for them like it was for my mom, but wasn't for my brother.
- Bonnie McKeegan
Person
This law gave my mom peace, and we should be building on that compassion. And I would like to add that I have gone back to college and on Monday, I told one of my professors where I was going to be today and why I would be missing class.
- Bonnie McKeegan
Person
And her eyes filled with tears and she said, thank you, my best friend is dying of cancer and she's using medical aid in dying. And thank you for what you're doing. Class is two and a half hours long. She thanked me three more times before I walked out the door yesterday.
- Ken Pauley
Person
Ken Pauley, Georgetown, California. In memory of my wife, Chris, who was able to choose when and where she was going to end her battle with melanoma. I'm thankful for that, and I support this.
- Garrett Eckerling
Person
Dr. Eckerling, family physician. The current law is working well. The sunset needs to be removed. In support.
- Joel Mandel
Person
Joel Mandel. I live in Davis. I'm in full support of this. I would like to thank the committee for all the work that I've seen you do to keep us safe today. So thank you for that. But also, I'm 78 years old. I look pretty good.
- Patricia Portillo
Person
Patricia Portillo, in support of my late brother who suffered horribly before his death. [Spanish]
- Deborah Whitman
Person
I'm Deborah Whitman from Rockland, California, and I'm in support.
- Charmaine Manansala
Person
Charmaine Manansala, Compassionate Choices Action Network. We're in support of the bill, but we do need to review the amendments before we can comment.
- Stuart Thomas
Person
Stuart Thomas, on behalf of the California Medical Association. We're neutral on this bill and want to thank the author and the sponsor for their engagement on this issue. Thank you.
- Orlando Fuentes
Person
Thank you. Good afternoon, Senator Menjivar and Vice Chair Martinez Valladares and members of the Senate Health Committee. My name is Orlando Fuentes and I am a retired state worker. 25 years, that was only part of my career, but 16 of those were in the State Department of Public Health, Maternal and Child Health, Prenatal.
- Orlando Fuentes
Person
So there I learned the value of data, research and evaluation. Thank you. I am a resident of Sacramento and a proud member of the LULAC Council 2862. I'm here today on behalf of the California League of United Latin American Citizens in partnership with the LaLuz Project to respectfully voice our opposition to Senate Bill 403.
- Orlando Fuentes
Person
Cal LULAC, one of the oldest and most respected Latino civil rights organizations in the country, is a co founder of the LaLuz Project, a broad and diverse coalition of disability rights advocates, health care providers and senior advocates, as well as community leaders. Our mission is simple but vital.
- Orlando Fuentes
Person
To shine a light LaLuz on California's End of Life Option Act and ensure transparency, accountability, protection for all Californians, especially the most vulnerable. We are deeply invested in this work because California was the first highly diverse state to legalize physician-assisted suicide, with Latinos comprising the largest BIPOC population impacted by this law. Unfortunately, disparities persist.
- Orlando Fuentes
Person
Too many low-income and rural and immigrant Latino Californians continue to face significant barriers to health care access, particularly within Medi-Cal as I learned in the state public health and experience structural biases that cannot be ignored. Since legalization in 2015, discussions have centered primarily on expanding access rather than ensuring the law's safety, oversight, and proper implementation.
- Orlando Fuentes
Person
The Sunset provision, originally included in the End of Life Option Act, was a critical safeguard, a promise to Californians that the law would be regularly reviewed, evaluated, and improved based on real world data. That sunset has already been extended once and safeguards have been weakened.
- Orlando Fuentes
Person
We urge this committee to pause and demand greater transparency before taking further action. Meaningful evaluation is essential. While some data is collected by the California Department of Public Health, important information remains missing, incomplete, or unreported.
- Orlando Fuentes
Person
We respectfully request that the Legislature prioritize a full and public review of all relevant data before removing critical oversight mechanisms like the sunset provision. Our request is straightforward. Let's ensure that no discriminatory, inequitable, or predatory practices are occurring or go unchecked. Let's reaffirm our collective commitment to protect all Californians, particularly those who are most vulnerable due to poverty, language barriers, or health care disparities. And I thank you for your time.
- Nicette Short
Person
Nicette Short on behalf of the Alliance of Catholic Healthcare in opposition.
- Caroline Menjivar
Legislator
Thank you so much. I see no other me-toos in opposition. I'm going to bring it back to my Vice Chair.
- Suzette Martinez Valladares
Legislator
Thank you, Madam Chair. So I debated on whether or not to share my mom's story, my story, because it's personal and it's painful. But I do believe that it offers an important perspective as we consider whether to remove the sunset on California's end of life option. In 2012, my mom was diagnosed with pancreatic cancer.
- Suzette Martinez Valladares
Legislator
It was actually caught incredibly early, out of a stroke of luck, and after enduring a complex and grueling surgery and brutal chemotherapy, she achieved a near miraculous remission for almost six years. But in 2018, that cancer returned and I became my mom's caregiver.
- Suzette Martinez Valladares
Legislator
I was her fiercest advocate, fighting with every ounce of strength that I had to ensure that she received the care and the dignity she deserved at the end of her life. But I also quickly learned that unless you have the means, unless you have the connections and someone fighting for you, our health care system often fails to deliver the same quality of end of life care that my mom received, particularly for poor families, for rural Californians, and for community of color. End of life decisions are never easy.
- Suzette Martinez Valladares
Legislator
But when bureaucratic red tape, affordability, and lack of access to hospice or palliative care factor in, those decisions become even harder and they fall hardest on the most vulnerable communities among us. And that's why I can't support removing the sunset provision from California's End of Life Act.
- Suzette Martinez Valladares
Legislator
The sunset was included in the original legislation precisely as a safeguard, a promise that lawmakers made that lawmakers would reevaluate the law's impact on patients, families, and our health care system. Removing the sunset now would take away an important accountability tool and our ability to ensure that the law is functioning as intended.
- Suzette Martinez Valladares
Legislator
We must protect vulnerable patients by maintaining strong oversight, guaranteeing that physicians provide patients with full information about all of their treatment options, and ensuring that psychological and psychiatric care are always available. We must also insist on transparency from the California Department of Public Health, which must properly collect and report data, something that has not been fully achieved to date.
- Suzette Martinez Valladares
Legislator
This law isn't going away, but Californians deserve to know that it operates fairly, equitably, and with compassion, not just for the privileged few, but for every patient, regardless of their income, regardless of their background, regardless of their zip code. My mother taught me that dignity at the end of life is not a privilege. It's a right. And we owe every Californian and every family to keep fighting for dignity. This isn't theoretical for me. It's personal. Thank you.
- Caroline Menjivar
Legislator
Thank you, Vice Chair. No other comments. I'll start backwards. I am supportive of removing the sunset, but I agree with the Vice Chair's point and I agree with the opposition that it is imperative for us to collect more information and more data.
- Caroline Menjivar
Legislator
The committee amendments that the author is going to be taking in the next committee do do that. That it calls upon CDP Public Health to come together with stakeholders to ensure what other additional data we need to collect for transparency. And I'm thankful that the author took that amendment because I think these concerns are valid.
- Caroline Menjivar
Legislator
We want to make sure that it's working. We want to make sure that the data is collected to help provide, to help providers, families, terminally operations researchers make better policy decisions. Are there any gaps in place right now with this end of life option? Are we failing? Are there potential failures in some areas?
- Caroline Menjivar
Legislator
Are there gaps in access to some of the points that the Vice Chair shared with us? So to that point, this is why we suggested that committee amendment and I'm thankful that you're taking it now. I know there's more work to be done and people are. This is a very sensitive topic.
- Caroline Menjivar
Legislator
You could be a very purist in this topic where you just don't believe this is an option. But I think this does provide a form of dignity when someone is at the end of their life. And you do have the proposed amendments, the mock up, so they don't include any new information? No.
- Caroline Menjivar
Legislator
The department is going to determine what data to add. So we're not dictating what data to add, it's for the Department to determine what data to add? Yes. With the stakeholders? Yes. So we weren't prescriptive in that sense. That will be determined with that department. Senator, you have questions.
- Catherine Blakespear
Legislator
So just to clarify that the mock up that is received back from Ledge Counsel is not accurate. So what's accurate is what's written in the committee report, which is what the Chair had requested.
- Catherine Blakespear
Legislator
And that description is that just to clarify that the Department of Public Health will be retaining their authority to determine what info is included in the data that's released because we don't want to. There are certain types of things we want them to evaluate whether a provider could be targeted or information that we wouldn't want released. So we want Department of Public Health to be able to make that determination.
- Suzette Martinez Valladares
Legislator
So are you open to committing to collecting new data and information that's really important in the oversight, future oversight of this?
- Catherine Blakespear
Legislator
No, I'm committed to what is. What's been negotiated between the committee and me as the author. I'm not going to be making any changes to that today.
- Caroline Menjivar
Legislator
Yes. So at the bottom. So every committee member has the mock up at the bottom, that is in bold. No later than April 30, 2026 the department shall convene relevant stakeholders to seek input on data collected. So what additional data to be collected but not included in the report required pursuant to this section to determine additional data that shall be included released starting July 1, 2026.
- Caroline Menjivar
Legislator
So we're not saying exactly what to be collected, but we are saying that they have to convene to determine what should be collected, what additional items should be collected. So we are asking for. Yes, it is. Yes. Data is collected. Yes. What additional data needs to be collected? Reported. Sorry. Reported.
- Caroline Menjivar
Legislator
Reported. Reported. So we're not being prescriptive, we're not designating what needs to be reported. We're saying convene, determine with the stakeholders what needs to be. What additional things need to be reported.
- Caroline Menjivar
Legislator
Yes. So it is this. The sunset hasn't been touched. I mean that part of the bill has not been touched. We're just adding this additional transparency or additional data collection, but not reporting, not specific on what it is because we do collect a lot of data. We just don't report it out. Right.
- Laura Richardson
Legislator
Thank you, Madam Chair. This is my first year serving on health and so I must say I didn't anticipate some of these issues really understanding the criticalness of the decisions that we make. But I did feel bad that the gentleman didn't have an opportunity to finish his last statement.
- Laura Richardson
Legislator
So I'll use my 30 seconds by saying his last statement, which is that he has been diagnosed with two issues. I don't want to violate HIPAA up here, but anyway, diagnosed with two issues that he knows will cause great pain coming forward and he wants to have this option. Thank you.
- Caroline Menjivar
Legislator
Sorry, no question was asked your way. Sorry. Any other questions? Senator, you may close.
- Catherine Blakespear
Legislator
Okay, thank you. So I appreciate the discussion that we had here and I'll just share that some of us have had experiences with our own family members who have gone through it and we heard this from the witnesses. So for some people it is very personal.
- Catherine Blakespear
Legislator
My main experience of this is having practiced law as an estate planning attorney and drafting wills and trusts and advanced health care directives and having discussions with a lot of people about their end of life choices. And people are choosing agents to make decisions for them if they lose capacity and choosing guardians for their children.
- Catherine Blakespear
Legislator
But many people were concerned about this question of, well, what happens if I do have a terminal illness and what are my options? And this bill is relatively modest. It is not expanding people's opportunities to make decisions at their end of life. It is simply removing the sunset.
- Catherine Blakespear
Legislator
And the data, as was stated by Chair Menjivar, is already being collected. And then the decision about what parts of the data is going to be released is something that the Department of Public Health would evaluate.
- Catherine Blakespear
Legislator
So recognizing that people do have terminal illnesses that last a long time and that they may be looking forward to that very end. Just to repeat the statistic about nearly all are on hospice. So people have they are near death when they would be taking medical aid and dying.
- Catherine Blakespear
Legislator
And also just a reminder about the relatively few number of people that are actually utilizing this right now. If anything, I think it's not well understood that this is even an option in California. We have about 150,000 people in California that die every year and in 2023, 800 of them took the medication and died.
- Catherine Blakespear
Legislator
So 150,000 people in the state die in one year and 835 took the medication and died so this is a very small population. But recognizing how important it is, it is in my this is my third year in the state Legislature and of all the many public events that I've hosted, I had a town hall on End of Life Option Act and medical aid and dying and it drew 700 people.
- Catherine Blakespear
Legislator
We had to not we were hosting it at community college, but we had to move large parts of it online because we couldn't accommodate the capacity and the interest in this topic. So so I just want to urge your aye vote and say I appreciate the Chair digging into this question.
- Catherine Blakespear
Legislator
We talked about it last year and I know she's thought a lot about this and being able to move forward with this bill, which is limited to the sunset and then this additional information related to the Department of Public Health. To me that's something that could be successful and I very much hope that you support it. So with that, I will yield back to the Chair. Thank you. I respectfully asked for your aye vote.
- Caroline Menjivar
Legislator
Thank you so much. So and just a reminder, committee members because of the time restraints, these amendments will be taking the next committee. This is why you see the mock up in front of you. Can I. Do we. Can we get a motion? Moved by Senator Richardson. The motion in front of us is do pass and re-refer to the Committee on Judiciary. Committee Assistant, please call the roll.
- Caroline Menjivar
Legislator
Currently has 100. We're going to put that back on call. That was our last Bill for presentation. We're going to go through the row and open. It's going back to file item 11, SB403. The current count right now is eight ayes, two nos. Putting that Bill back on call. Okay, we're gonna go in order here. Gonna start with file item 1, SB35. Committee assistant, please open the roll.
- Caroline Menjivar
Legislator
Please call the roll on file, item 11, SB403. Gonzalez. Gonzalez. Aye. And the Bill is out on account of 9 to. And that should do it. Senate Health Committee has adjourned.