Hearings

Assembly Standing Committee on Health

April 22, 2025
  • Mia Bonta

    Legislator

    Good afternoon and welcome to the Assembly Health Committee hearing today on April 22nd. Before we begin, I want to make sure everyone understands our Committee rules to ensure we maintain order and run a fair and efficient hearing with the goal of hearing as much from the public within the limits of our time.

  • Mia Bonta

    Legislator

    We seek to protect the rights of all who participate in the legislative process so that we can have effective deliberation on the critical issues facing California.

  • Mia Bonta

    Legislator

    Rules of Conduct by Members of the public include no engaging in conduct in conduct that disrupts, disturbs or otherwise impedes the orderly conduct of this hearing Engaging in personal attacks of Members of this Committee, authors, staff or other witnesses talking or loud noises from the audience.

  • Mia Bonta

    Legislator

    Please be aware that violations of these rules may subject you to removal or other enforcement processes. If you are providing witness testimony at this hearing, all witnesses will be testifying in person. Main support and opposition will be allowed two main witnesses for a maximum of two minutes each.

  • Mia Bonta

    Legislator

    As a reminder, primary witnesses and support must be those accompanying the author or who otherwise have registered a support opposition position with the Committee and the primary witnesses in opposition must have their opposition registered with the Committee. All other support in opposition can be stated at the standing mic.

  • Mia Bonta

    Legislator

    When called upon to simply state your name, affiliation and position. Additional testimony will also be in person and limited to name, position and organization. If you represent one. All testimony comments are limited to the Bill at hand.

  • Mia Bonta

    Legislator

    Additional Housekeeping Issues New Members Today we will have the speaker has appointed Assembly Member Joe Patterson to fill the Republican vacancy on the Committee. Welcome to Assembly Member Patterson when he arrives. Additionally, the speaker has appointed Assemblymember Chris Rogers to substitute for Assemblymember Arambula for today's hearing. Welcome to Assembly Member Rogers.

  • Mia Bonta

    Legislator

    I would also like to note that AB 1429 has been pulled from today's agenda by the Authority. The following bills are proposed for consent for today's hearing.

  • Mia Bonta

    Legislator

    Any Member of the Committee may remove a Bill from consent item number 12 AB424DAVIES with a motion of do pass to Appropriations Item number 14 AB463 Michelle Rodriguez with a motion of do pass as amended to Appropriations Item 19 A.B. 676Jeff Gonzalez, Motion of Due Pass to Appropriations Item 22 A.B. A. B.

  • Mia Bonta

    Legislator

    870 Hadwick with a Motion of Due Pass Item Number 23 A.B. 894 Carrillo with a Motion of do pass as amended to Appropriations Item number 26 AB960 Garcia with a motion of do pass as amended to appropriations. Item 31. AB 1288 Addis do pass to appropriations Item 35 AB 1419 Addis do pass as amended to Appropriations.

  • Mia Bonta

    Legislator

    In addition, we will have a special order of business today and we will commence with that special order of business to hear bills related to utilization management processes. Utilization management processes are tools used by health plans to evaluate and manage the use of healthcare services. Utilization review can occur prospectively, retrospectively, or concurrently.

  • Mia Bonta

    Legislator

    A plan can approve, modify, delay, or deny a request in whole or in part based on its medical necessity. Currently, evidence is limited on the extent that health plans use utilization management and the overall impact on the performance of the healthcare system, patient access to appropriate care, and the health and financial interests of the General public.

  • Mia Bonta

    Legislator

    Despite this, there is clear frustration from both patients and providers regarding utilization management practices. This is also clear that legislative determination to impose these processes for Californians with a number of bills introducing this session and introduce this session in both the Assembly and Senate on this topic.

  • Mia Bonta

    Legislator

    However, there is a divide on how best to approach such improvements. Some bills aim to address issues at the systemic level by speeding up process times, reducing the overall volume of services that require prior authorization, or extending authorization periods.

  • Mia Bonta

    Legislator

    Others aim to tackle problems at a more individual level by removing or altering utilization management processes for specific services or conditions. While there is a clear need and desire for progress on improving the utilization management experience, the Legislature will need to consider what the best approach is for all Californians.

  • Mia Bonta

    Legislator

    Altering structural processes, perhaps, or removing barriers for priority services and conditions might be another approach. The first Bill up today with special order AB669 by Assemblymember Haney will help us do that.

  • Mia Bonta

    Legislator

    Assemblymember Haney is not here right now, so we will move on to our special order of business with item number two, AB384 by Damon Connolly, which covers health care coverage, mental health and substance use disorders, and inpatient admissions. Thank you, Assemblymember Connolly. Go ahead, whenever you're ready.

  • Damon Connolly

    Legislator

    Good afternoon, Chair and Members. I am pleased to present AB 384, the Mental Health Protection Act, which would prohibit the use of prior authorizations for patients when they are admitted to an inpatient facility for a mental health or substance use emergency. It also prohibits requiring prior authorizations for the medical care they receive from a physician while enrolled in an inpatient facility for these issues.

  • Damon Connolly

    Legislator

    AB 384 is narrowly focused on some of the most consequential medical emergencies, situations where an individual's mental health deterioration, drug addiction, or both are so severe that they must be admitted to a 24 hour care facility like a hospital. In these emergencies, the consequences of even the slightest delay in treatment can be severe.

  • Damon Connolly

    Legislator

    There is widespread agreement amongst physicians and medical professionals that prior authorizations can often create delays in a patient receiving care. If a doctor has to justify to an insurance provider why their decision for a patient's care is, quote, medically necessary, they are diverting attention away from that very patient, oftentimes to submit paperwork or explain decisions to insurance employees with no medical expertise.

  • Damon Connolly

    Legislator

    According to the American Medical Association, 94% of doctors reported delays providing necessary care for patients due to prior authorizations. Several states have already enacted legislation to reform prior authorizations in certain emergency situations. Last year, notably, Illinois passed the Health, excuse me, Health Care Protection Act, which made them the first state in the nation to ban prior authorization for inpatient adult and children's mental health care.

  • Damon Connolly

    Legislator

    AB 384 was inspired by the successful effort and simply seeks to ensure that in California there are no unnecessary barriers to patients receiving medically necessary care during the most dire mental health and substance use emergencies. Briefly, I would like to take a moment to address some of the concerns that have been raised about AB 384.

  • Damon Connolly

    Legislator

    For one, the assertion that prohibiting prior authorizations in limited emergency situations would somehow open the door to fraud and abuse I would submit is, at best, a stretch. Simply put, prior authorization is a mechanism to control costs. It is not a fraud prevention tool.

  • Damon Connolly

    Legislator

    Fraud is illegal, and in the event there are facilities or physicians who have behaved illegally, there are local and state oversight authorities, like the California DOJ, who are tasked with investigating and prosecuting such crimes. There is no denying that fraud and patient abuse perpetrated by unscrupulous providers is a serious issue in California.

  • Damon Connolly

    Legislator

    If oversight at the local and state level is not adequately addressing this criminal behavior, that is certainly an issue the Legislature needs to address. But I would respectfully argue that allowing insurance companies to override medical decisions made by doctors during mental health and substance abuse emergencies is not a tool that prevents this behavior.

  • Damon Connolly

    Legislator

    The second relates to the issue of cost. I would respectfully disagree with the notion that, by eliminating prior authorizations in mental health and substance use emergencies, AB 384 would somehow increase health insurance costs for all California taxpayers.

  • Damon Connolly

    Legislator

    It is actually these specific situations, particularly with behavioral health cases, where we are seeing waste and increased costs because of prior authorizations. According to the California Hospital Association, insurance company delays and denials contribute to at least $3.25 billion in avoidable costs every year by forcing hospitals to provide 1 million days of additional unnecessary inpatient care and 7.5 million hours of preventable emergency department care.

  • Damon Connolly

    Legislator

    As you will hear from our sponsors, prior authorizations often lead to patients languishing longer without care while physicians process prior authorizations or try to appeal denials. 86% of physicians also reported that prior authorizations resulted in increased use of healthcare resources, leading to waste rather than cost savings.

  • Damon Connolly

    Legislator

    In many cases, healthcare facilities need to hire staff exclusively to process prior authorizations, with physicians reporting that they complete 45 prior authorizations per physician per week. Even when prior authorizations lead to a denial of care, physicians successfully overturn that denial by huge margins, with some studies finding 82% of denials overturned on appeal.

  • Damon Connolly

    Legislator

    These are the real costs being paid by Californians, and I believe AB 384 will actually help to alleviate a small part of this burden. I'll conclude by thanking Chair Bonta and her staff for their work on this bill. I'm actively working on addressing the comments raised in the Committee analysis to align definitions in the bill with LPS eligible facilities, as well as clarifying the role of concurrent and retrospective review of services.

  • Damon Connolly

    Legislator

    I continue to be open to working with the opposition and would invite their collaboration so that we can achieve common ground on this important bill. Now I'll turn it over to the sponsor and co-sponsor of AB 384. With me in support, I have Paul Yoder on behalf of the California State Association of Psychiatrists and Dr. Le Ondra Clark Harvey representing the California Behavioral Health Association and the California Access Coalition.

  • Le Clark Harvey

    Person

    Thank you. May I proceed?

  • Mia Bonta

    Legislator

    We are going to establish a quorum, which is sometimes hard fought in this Committee. Secretary, please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Mia Bonta

    Legislator

    We have quorum. Thank you so much. Please proceed. You'll have two minutes.

  • Le Clark Harvey

    Person

    Thank you. The California Behavioral Health Association and the California Access Coalition represent mental health and substance use disorder agencies, companies, and advocates that impact millions of Californians every year. I'm here today as a proud co-sponsor of AB 384, the Mental Health Protection Act.

  • Le Clark Harvey

    Person

    This bill, as you've heard about, is about restoring common sense and dignity to how we treat people in the middle of a mental health crisis. Every day across California, people walk into emergency rooms. Parents, teenagers, first responders, community members, your constituents. All of them are looking for help and many are in psychiatric distress.

  • Le Clark Harvey

    Person

    Their doctors know exactly what needs to happen. Admit them, stabilize them, begin treatment, and discharge them with a robust step down program and plan. But instead of being met with a path to recovery, they hit a wall, often due to prior authorization.

  • Le Clark Harvey

    Person

    Right now, insurers can second guess a physician's judgment, leading to delayed admissions for hours, even days, while paperwork is reviewed or a call is waited to be returned. And during that delay, a person experiencing a psychiatric emergency might be left untreated because an insurer didn't approve the care in time.

  • Le Clark Harvey

    Person

    Now, we've seen cases where patients on Medi-Cal had to wait hours, sometimes overnight, just to move to a psychiatric bed. This isn't just inefficient, it's dangerous. Preventable, excuse me, administrative burden is not a justifiable excuse for delaying care. These aren't just anecdotes or one off situations or stories.

  • Le Clark Harvey

    Person

    A June 2024 survey of physician members of the American Medical Association showed that 93% of physicians reported that prior authorizations had a negative impact on patient clinical outcomes, delayed access to necessary care. And another 78% of physicians also reported that prior authorizations these requirements frequently resulted in patients abandoning recommended course of treatment.

  • Le Clark Harvey

    Person

    And if we don't trust the AMA Association's numbers, the CHBRP report, California Health Benefit Review Program that this Committee depends on, conducted a study in 2023. As referenced in the analysis, their findings suggested that though prior authorization is hoped to be used to reduce and control fraud, the evidence to support this claim is scant.

  • Mia Bonta

    Legislator

    I ask you to wrap up your comments.

  • Le Clark Harvey

    Person

    Yes. What is clear is that no other part of our health care system would tolerate this kind of delay when someone is in crisis. We don't wait three days to approve care for someone having a stroke or a heart attack, and mental health emergencies deserve the same urgency, the same respect, and the same level of care. So on behalf of countless families and providers who felt the frustration of delayed care, we urge your support. Thank you for your time.

  • Mia Bonta

    Legislator

    Thank you.

  • Paul Yoder

    Person

    Madam Chair and Members, Paul Yoder on behalf of the California State Association of Psychiatrists. Briefly, we are still experiencing a mental health crisis in California. Approximately one third of all inpatient hospitalizations are behavioral health related. In addition, the state has experienced a 40% spike in hospitalizations for young people with mental health emergencies.

  • Paul Yoder

    Person

    When prior authorization is used during these crisis situations, doctors have to justify their decisions regarding a patient's care by communicating clinical information with an insurer. So many places in state code, so many other places in state code, it would be ridiculous for that to be the case. And we are talking about just emergency situations.

  • Paul Yoder

    Person

    Lengthy administrative processes force doctors to divert significant amounts of time and focus away from patient care. To wrap up, in mental health emergencies, the consequences of delayed treatment are severe, particularly during inpatient mental health emergencies and hospitalizations.

  • Paul Yoder

    Person

    We've mentioned the survey. One thing we haven't mentioned yet about the survey, same survey. Nearly one in four physicians reported that prior authorizations led to serious adverse events for patients in their care. Proud to be a co-sponsor and urge your aye vote. Thank you.

  • Mia Bonta

    Legislator

    Thank you so much. Are there any other witnesses in support? Please come forward. State your name, organization, and position only.

  • Dennis Loper

    Person

    Dennis Loper for the United Hospital Association in support.

  • Leah Barros

    Person

    Leah Barros on behalf of California Hospital Association in support.

  • Timothy Madden

    Person

    Tim Madden representing the California Chapter of American College Emergency Physicians in support.

  • Madison Whittemore

    Person

    Madison Whittemore on behalf of Steinberg Institute in support.

  • Allison Barnett

    Person

    Allison Barnett on behalf of Sutter Health in support.

  • Cher Gonzalez

    Person

    Cher Gonzalez on behalf of the Hemophilia Council of California in support.

  • Elle Chen

    Person

    Elle Chen on behalf of Drug Policy Alliance in support.

  • Liz Helms

    Person

    Liz Helms on behalf of the California Chronic Care Coalition in support.

  • Stephanie Jimenez

    Person

    Stephanie Jimenez on behalf of Providence Saint Joseph Health in support.

  • Carli Stelzer

    Person

    Carli Stelzer on behalf of the California Behavioral Health Association and the California Access Coalition. Proud co-sponsors.

  • Sherry Daley

    Person

    Sherry Daley with the California Consortium of Addiction Programs and Professionals in support.

  • Trent Murphy

    Person

    Trent Murphy with the California Association of Alcohol and Drug Program Executives in support. Thank you.

  • Frederick Noteware

    Person

    I'm Fred Noteware representing Stanford Healthcare in support. Thank you.

  • Obinna Oleribe

    Person

    Obinna O Oleribe, Center for Family Health Initiative, in support.

  • Mia Bonta

    Legislator

    Thank you. Are there any primary witnesses in opposition? Please come forward. Thank you. You'll each have two minutes.

  • Matt Akin

    Person

    Thank you, Madam Chair. Good afternoon, Chair and Members. My name is Matt Akin with the Association of California Life and Health Insurance Companies, regrettably with an opposed position on Assembly Bill 384. First and foremost, we would like to thank the author and staff for meeting with us, allowing us to discuss the bill and voice our concerns.

  • Matt Akin

    Person

    While we appreciate the intent of the bill and we share the author's concerns about people having health emergencies receiving timely care, we are extremely concerned about the implications of including... Wow. Residential treatment facilities in the bill's definition of inpatient settings. Residential treatment centers fundamentally differ from acute care hospitals and other inpatient facilities.

  • Matt Akin

    Person

    While they operate as 24 hour centers, they are not locked units and they do not provide constant medical treatment. This distinction is crucial, as it raises significant concerns regarding potential waste, fraud, and abuse within these facilities. In fact, there has been an increasing trend of legislative efforts aimed at regulating these facilities due to ongoing issues of misconduct, inadequate oversight, and exploitative processes. Finally, we find it troubling that the bill lacks clarity regarding whether concurrent or retrospective review rendered is permissible.

  • Matt Akin

    Person

    The ambiguity could lead to additional complications in ensuring appropriate healthcare delivery and safeguarding against unnecessary costs. For these reasons, we are opposed to AB 384. We look forward to future conversations with the author and staff as the bill moves through the process, if it does so today. Thank you.

  • Mia Bonta

    Legislator

    Thank you. You'll have two minutes.

  • Olga Shilo

    Person

    Thank you, Chair and Members. My name is Olga Shilo, and I'm here on behalf of the California Association of Health Plans, which represents 441 public and private organizations that collectively provide health care 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 ACLHIC and share our perspective on this bill. We appreciate the goal of expanding timely access to behavioral health care for individuals suffering from mental health emergencies. However, we are concerned about the implications of removing necessary safeguards within the system without improving the quality of care.

  • Olga Shilo

    Person

    Eliminating such steps removes an important layer of clinical review, which could lead to patients receiving substandard or unnecessary care. Health plans are required to have fraud prevention function, and without proper guardrails, there's a higher likelihood of inconsistent care, inadequate treatment plans, and the lack of accountability. If this bill moves forward, we are committed to continuing the dialogue and working with the author. However, at this time time, we must respectfully remain opposed. Thank you for your consideration, and I urgent a no vote.

  • Mia Bonta

    Legislator

    Thank you. Are there any other witnesses in opposition? Please come forward. State your name, affiliation, and position.

  • Kelli Boehm

    Person

    Kelli L'Heureux with Resilient Advocacy on behalf of the California Chamber of Commerce in opposition. Thank you.

  • Mia Bonta

    Legislator

    Seeing no other witnesses in opposition, I will bring it back to the Committee for any questions or comments. Moved by Aguiar-Curry. Seconded by Schiavo. Any other questions, comments? No. With that, Assembly Member, you may close.

  • Damon Connolly

    Legislator

    Thank you again for your consideration. Respectfully ask for an aye vote today, and we will continue to work with both the Committee and opposition on a couple of the issues I think we all have raised about the scope. So thank you.

  • Mia Bonta

    Legislator

    I appreciate that, Assembly Member. I know that you have worked in the space for quite a bit and very much appreciate your moving forward with this bill. And I know that you will continue to address some of the concerns, particularly around the definition around the acute care hospital. So with that, please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Mia Bonta

    Legislator

    That Bill is out. Assembly Member, thank you. We are going to move now to item number three. AB510 Addis

  • Dawn Addis

    Legislator

    Well, thank you, Madam Chair. And I want to say thank you to the staff and advocates that are here today. I'm here to present AB510, the Patient Act, which will bring a greater degree of fairness to the prior authorization appeals process, and I do accept the Committee amendments.

  • Dawn Addis

    Legislator

    Prior authorization is a health plan requirement that provides approval from a health plan before a medication or service can be provided to the patient. While health plans argue that prior authorization programs keep costs lower, physicians and other providers often find the current prior authorization process is expensive, time consuming and creates worse outcomes.

  • Dawn Addis

    Legislator

    In essence, the system is simply not working for regular people.

  • Dawn Addis

    Legislator

    Added to this already bad situation is the fact that when physicians try to appeal a prior authorization denial or modification, current law does not require that health plans provide the appealing physician with a peer from the same or similar specialty to discuss the basis for denial or modification.

  • Dawn Addis

    Legislator

    And in these situations, instead of seeing patients, the treating physician must use more of their time to educate their health plan peer on basic information regarding underlying conditions as well as the appropriateness and medical necessity of their recommended care.

  • Dawn Addis

    Legislator

    A 2024 survey by the American Medical Association found that physicians spend an average of 13 hours per week on paperwork rather than treating patients. And at a time when normal Californians are struggling to get doctor's appointments, we just can't afford to further deplete their ability to provide care by requiring overly burdensome requirements.

  • Dawn Addis

    Legislator

    So AB510 is a very simple solution. It requires that when a treating provider appeals a prior authorization decision that the plan must provide a peer of the same or similar specialty upon request of the treating provider. And joining me today to testify and support is Dr.

  • Mia Bonta

    Legislator

    Thank you, you'll each have two minutes.

  • Dawn Addis

    Legislator

    Bianca Roberts, Urgent Care Department Chair at Big Horn Family Practice, and Kimberly Diaz, a patient representing the Crohn's and Colitis Foundation.

  • J. Roberts

    Person

    Good afternoon, Madam Chair, the Committee. My name is Dr. J. Bianca Roberts. I'm a family physician. I've been practicing for 15 years and today I'm proud to be speaking about AB 510 in support of it. And I want to thank Assembly Member Addis for her work on this Bill.

  • J. Roberts

    Person

    It's very important Bill in the in the Committee as well. Thank you. As a family physician, I'm very familiar with the prior authorization process and ultimately I just want my patients to get the care that they need in a timely manner.

  • J. Roberts

    Person

    I'd like to share with you about one of my patients who has diabetes and we've tried and felt so many different medications and regimens. And unfortunately, the authorization for what has been successful for her is periodically revoked.

  • J. Roberts

    Person

    And then when that happens, my staff and I, we have to go through the process of submitting a new prior authorization. Same medication, same patient, same treatment. And it takes time and resources.

  • J. Roberts

    Person

    And then I go through an appeals process where I have to reach out and connect with a health plan provider who often is not familiar and doesn't have the expertise for managing ambulatory diabetes.

  • J. Roberts

    Person

    I've been connected with an ICU RN before and then neurologist, and oftentimes I have to take the time, additional time, to explain the new standards of care for managing these common conditions for a family physician. In the meantime, my patient is having a deterioration in her health status.

  • J. Roberts

    Person

    I can recall one instance where this same patient was hospitalized for complications of hyperglycemia, which is really expensive for the patient and for the health plan and can be avoided with a quick process or simpler process.

  • J. Roberts

    Person

    And in the process, it's also extremely stressful for the patient and myself and is one of the things that's contributing to the shortage of primary care physicians. So again, I'm asking for your support in AB510.

  • J. Roberts

    Person

    And while I'm fighting for the care of my patients and keeping them out of the hospital and going through the prior authorization process, my ask really is that when I do talk to a true peer, a peer that can provide us, provide me with the information of why my treatment recommendations were denied and in a quick, a timely manner.

  • J. Roberts

    Person

    Appreciate your time and support. Thank you.

  • Mia Bonta

    Legislator

    Thank you so much. You'll have two minutes as well.

  • Kimberly Diaz

    Person

    Thank you for having me. Madam Chair and Members, my name is Kimberly Diaz. I am an IBD patient, here to speak on behalf of the Crohn's and Colitis Foundation in support of AB510. Living with inflammatory bowel disease means navigating a complicated, often unpredictable illness. My treatment plan has involved everything from advanced medications to discussing surgeries.

  • Kimberly Diaz

    Person

    Every decision has required careful collaboration with my gastroenterologist, who understands the full complexity of my condition. There was a time when my Doctor recommended a specific treatment, and I remember feeling anxious, not just about my health, but about whether the insurance company would approve it. Under the current system, even if I am denied, an appeal is needed.

  • Kimberly Diaz

    Person

    There's no guarantee it will be reviewed by a GI specialist. That uncertainty is frightening because any delay in treatment can lead to worsening symptoms, more intense flare ups, and in some cases, a trip to the ER, which I've done before.

  • Kimberly Diaz

    Person

    AB510 is about fixing that broken process it ensures that when treatment is denied and appealed, the case is reviewed by a specialist who actually understands the condition, someone who can evaluate the decision fairly and knowledgeably. For patients like me, this Bill could mean the difference between staying stable and ending up in crisis. Time is of the essence.

  • Kimberly Diaz

    Person

    On behalf of more than 3 million Americans with IBD, I respectfully ask for your aye vote on AB 510.

  • Mia Bonta

    Legislator

    Thank you. If there are others in support, please come forward to state your name, affiliation and position on the Bill.

  • Dennis Sloke

    Person

    Dennis Sloke, for the United Hospital Association in support.

  • Sandra Poole

    Person

    Sandra Pool, on behalf of Western Center on Law and Poverty in support.

  • Connie Delgado

    Person

    Good afternoon, Madam Chair and members. Connie Delgado, on behalf of the District Hospital Leadership Forum. In support.

  • Christine Smith

    Person

    Christine Smith, Health Access California in support.

  • Madison Whittemore

    Person

    Madison Whittemore, on behalf of Steinberg Institute in Support.

  • John Valli

    Person

    Hi, I'm Dr. John Valli. I am from the ARP Sacramento State Response Group , and we are in support.

  • Mari Lopez

    Person

    Good afternoon, Madam Chair and members. Mari Lopez with the California Nurses Association in support.

  • Angela Hill

    Person

    Angela Hill, on behalf of the California Medical Association, a proud cosponsor. Thank you.

  • Timothy Madden

    Person

    Tim Madden, representing the California Chapter of the American College of Emergency Physicians, the California chapter of the American College of Cardiology, the California Rheumatology Alliance and the California Society of Plastic Surgeons, all in support.

  • Molly Maula

    Person

    Molly Maula with Edelstein, Gilbert Robeson and Smith, on behalf of Planned Parenthood affiliates of California in support.

  • Unidentified Speaker

    Person

    Cheers Spector, on behalf of the California Orthopedic Association. In support.

  • Ryan Spencer

    Person

    Ryan Spencer, representing the American College of OBGYN's District 9, the California Society of Pathologists, the California Radiological Society, the California Podiatric Medical Association and the Crohn's and Colitis Foundation, all in support. Thank you.

  • Cher Gonzalez

    Person

    Cher Gonzalez, on behalf of the Association of Northern California Oncologists and the Medical Oncology Association of Southern California in support.

  • Liz Helms

    Person

    Thank you. Liz Helms, California Chronic Care Coalition. In strong support.

  • Oscar Gallardo

    Person

    Oscar Gallardo, on behalf of the California Physical Therapy Association in support.

  • Mark Farouk

    Person

    Mark Farouk, on behalf of the California Hospital Association in support.

  • Fred Noteworth

    Person

    Fred Noteworth, representing Stanford Healthcare in support.

  • Nicette Short

    Person

    Nisette Short, on behalf of Adventist Health, Loma Linda University Health, St. Agnes Medical Center and the Alliance of Catholic Health Care in support.

  • Paul Yoder

    Person

    Paul Yoder, California State Association of Psychiatrists and the California Academy of Child and Adolescent Psychiatry in support. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Are there any to testify in opposition to the Bill? Please come forward as primary witnesses. Thanks. You'll each have two minutes. Go ahead.

  • Nicholas Louizos

    Person

    Great. Thank you, Chair and members. Nick Louizos, on behalf of the California Association of Health Plans. We actually have an opposed unless amended position on the Bill. And we do share the goal of ensuring timely access to necessary services for patients. However, we do believe that the current language in AB510 does create challenges and unintended consequences.

  • Nicholas Louizos

    Person

    Our primary concerns with the Bill and print revolves around a few issues. The specialty matching requirement in the Bill is problematic. There are simply not enough licensed physicians or professionals to comply with the provisions of this Bill.

  • Nicholas Louizos

    Person

    The timelines in the Bill, we believe, are unrealistic and unworkable, which will compromise the quality of the reviews that our medical officers have to do. And the automatic approval mandate will result in unintended consequences. While it's vitally important that we maintain appropriate checks and balances in healthcare, it is equally important to embrace solutions.

  • Nicholas Louizos

    Person

    And that's why we have offered, you know, a series of amendments to make this Bill better from our perspective. To address our concerns. We urge the adoption of the following amendments. And you will see some themes in this list, you know, throughout, throughout the special order of business.

  • Nicholas Louizos

    Person

    But we, we do ask that, you know, the requesting providers be required to submit all appeals electronically. It is essential for providers to embrace electronic authorization of care to ensure more efficient and transparent systems for the patients that they serve. Payers, impacted payers meeting our health plans will have to comply with electronic prior authorization requirements in 2027.

  • Nicholas Louizos

    Person

    That's a federal rule for federal programs. We think state policy should align and there be some shared responsibility in that respect. We also believe that the provider, the requesting provider be required that all necessary clinical information actually be included in the appeal to make an appropriate determination.

  • Nicholas Louizos

    Person

    We think the specialty matching requirement in the Bill should be limited to cases where the requested services are outside the standard of care. So we're talking about complex cases, not, you know, more routine, if you will, types of services.

  • Nicholas Louizos

    Person

    And we have a whole host of, you know, other suggestions that we think would improve the Bill, including specifying that if a plan makes a good faith effort to schedule a peer to peer review with the requesting provider, that they're not automatically out of compliance in cases when the requesting provider is not available or can't be available.

  • Nicholas Louizos

    Person

    So those are some amendments that we're suggesting for this Bill. We hope to work with the author and the sponsors to try to improve it and move forward. Thank you.

  • Mia Bonta

    Legislator

    Go ahead.

  • Bill Barcelona

    Person

    Good afternoon. Bill Barcelona with America's Physician Groups. Also respectfully in opposition, unless amended on many of the same points as the California Association of Health Plans, we represent 200 capitated, delegated physician organizations within California who are required by their contracts with health plans to perform these UM functions.

  • Bill Barcelona

    Person

    We share the same concerns as the health plans in this regard. We understand that there are problems that exist in the system and we acknowledge them.

  • Bill Barcelona

    Person

    However, our groups are measured actively on a daily, weekly, monthly and quarterly basis to report on all of their UM activities up to the health plans and then ultimately to the regulators like Department of Managed Healthcare.

  • Bill Barcelona

    Person

    We think that transparency around this performance would be helpful to help resolve this situation and we urge further discussion with the sponsors and the author. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Are there others in opposition? Please come forward. State your name, affiliation and position.

  • Kelly Larue

    Person

    Hi everyone. Kelly Larue with Resilient Advocacy opposed unless amended for the California Chamber of Commerce and appreciate the Committee's thoughtful consideration of these group of bills as a whole and the Committee comments. Thank you.

  • Steffanie Watkins

    Person

    Stephanie Watkins, on behalf of the Association of California Life and Health Insurance Companies. Also opposed unless amended. Thank you.

  • Mia Bonta

    Legislator

    With that, I'll bring it back to the Committee for any questions or comments. Just because he's our. Oh, sorry, you know what, you know what? Moved by Krell, seconded by Rogers. Appreciate it with that. Assembly Member.

  • Mia Bonta

    Legislator

    I think because we do have several of the bills in the special order of business addressing some of the concerns, I would love for you to be able to comment on the timeliness and the timelines that you've presented and what the options are for people to the testimony offered by your family practice physician there around why it's so crucial to be able to have the timelines as you've indicated in this legislation.

  • Dawn Addis

    Legislator

    I really appreciate the question, Madam Chair. I think we often talk about systems and we talk about challenges, but when we're talking about systems, we're actually talking about real people.

  • Dawn Addis

    Legislator

    When we're talking about health care, we're actually talking about what can happen in real people's lives that they may either end up making worse, more severe, or a condition that they may then end up having to live with forever or something that can actually cause them to die.

  • Dawn Addis

    Legislator

    Tightening up these timelines is critically important because it's going to make a difference in real people's lives, in their health care outcomes, but in some cases whether they actually survive. And so we feel like this is a reasonable approach to move forward. We appreciate the Committee for working with us to get some amendments.

  • Dawn Addis

    Legislator

    We are always willing to continue to work with opposition.

  • Mia Bonta

    Legislator

    I just want to acknowledge the testimony offered by by the proponents of the Bill. I think the story that you laid out of having to go through a process of explaining the treatment or intervention approach to people who didn't have a common knowledge in the specialty or practice that you were offering I think is incredibly compelling.

  • Mia Bonta

    Legislator

    And for those reasons, I am going to in addition to just having a Bill that supports us in focusing on patient care is why I'm certainly supporting this Bill. And with that, we have a motion in a second. Would you like to close?

  • Dawn Addis

    Legislator

    Assembly Member I just I appreciate the conversation and respectfully ask for your aye vote.

  • Mia Bonta

    Legislator

    Thank you. Secretary, please call the roll.

  • Committee Secretary

    Person

    Roll Call

  • Mia Bonta

    Legislator

    That Bill is on call for now. Thank you. Thank you. We'll be moving on to item number five. AB539 Schiavo.

  • Mia Bonta

    Legislator

    Please go ahead. Assemblymember.

  • Pilar Schiavo

    Legislator

    Thank you, Madam Chair and Members, I am happy to present AB539, the timely care Act. First, I want to thank the Committee and staff for their work on this measure, and I will be accepting the Committee amendments.

  • Pilar Schiavo

    Legislator

    And, you know, this bill, the Timely Care Act is really about putting patients where they belong, at the center of care. No one battling a chronic illness should have to fight their insurance company just to keep getting the treatment that's already been prescribed and approved.

  • Pilar Schiavo

    Legislator

    But right now, that's the reality of prior authorization for far too many people. That's why doctors and healthcare providers across the state are sounding the alarm. The current system of prior authorizations is not just inefficient, it's harmful. It's so burdensome that some patients give up on treatment altogether. That's not just a bureaucratic issue. It's a health crisis.

  • Pilar Schiavo

    Legislator

    Take, for example, what we are hearing from radiation oncologists. They're seeing critical medications, ones that help ease the pain and side effects of cancer treatment being delayed or denied.

  • Pilar Schiavo

    Legislator

    Imagine going through this grueling process of cancer treatment, something I saw my dad suffer through three times, and finally getting the prescription that you need to address the pain, only to have it delayed or worse, even denied when the insurer says it's no longer medically necessary. We can and must do better.

  • Pilar Schiavo

    Legislator

    And this bill will eliminate the unnecessary red tape and. And help ensure that patients get that care that they need when they need it by extending the duration of an approved prior authorization to one year or the duration of the physician's prescribed treatment.

  • Pilar Schiavo

    Legislator

    This will ease the burden on physicians and help patients stay on track with the treatment that they need. It's a common sense change that will have a real human impact. Here with me to testify and support is Dr. Angelica Martin, a cardiothoracic surgeon who will share her personal experience and the difficulty with prior authorization approvals.

  • Pilar Schiavo

    Legislator

    And also Kimberly Diaz on behalf of the Crohn's and Colitis Foundation. Thank you. You'll each have two minutes.

  • Angelica Martin

    Person

    Good afternoon, Madam Chair and Committee Members. My name is Dr. Angelica Martin, and I am a cardiothoracic surgery resident at UC Davis Health. However, I'm here testifying as a private citizen and a Member of SSBMS. And my views are not intended to represent the position of the University of California.

  • Angelica Martin

    Person

    My title and UC Davis affiliation are for identification purposes only. I'm here today to ask for a vote of support of AB539 as cardiothoracic surgery. We are a surgical subspecialty that requires prior authorization to be seen.

  • Angelica Martin

    Person

    These patients that need us are often either coughing up blood, are found to have a suspicious mass on chest X ray, or having trouble breathing or eating. Time is of the essence to get them diagnosed and treated if they are to survive and maintain their quality of life.

  • Angelica Martin

    Person

    As prior authorization currently stands, it is causing delay in treatment for our patients and allowing their cancers to progress. This is what happened with one of our patients in the past year. She was told she had spots in her lungs and needed to see a cardiothoracic surgeon.

  • Angelica Martin

    Person

    She had trouble establishing care within the standard 60 to 90 days, and by the time she was going to be seen by us, she needed to go through the prior authorization process again and her cancer continued to spread. By the time we saw her, surgery was not an option.

  • Angelica Martin

    Person

    Concerningly, this delay in care trajectory is seen commonly among those from underserved communities as they try to navigate the complexity involved with prior authorization. I've had multiple patients in the same shoes as the story I just shared. As cardiothoracic surgeons, we have the skills to save people like this woman through surgery if caught early.

  • Angelica Martin

    Person

    Instead, we are seeing delays in prior authorization and bureaucracy allowing cancer to spread. I am humbly asking for support in support of AB539. Thank you.

  • Mia Bonta

    Legislator

    Thank you. You'll have two minutes.

  • Kimberly Diaz

    Person

    Madam Chair and Members, again, I'm Kimberly Diaz. I'm here to speak on behalf of the Crohn's and Colitis Foundation in support of another important measure, AB539. Ulcerative Colitis, which is what I have, is a lifelong condition. It doesn't go away. There's no cure. It takes constant management, frequent monitoring, long term treatment strategies.

  • Kimberly Diaz

    Person

    For me, that's meant finding the right medication regimens, biologics, immunosuppressants, therapies that my gastroenterologist and I work hard to tailor to my specific needs. Once we found a treatment that actually worked, I thought I could finally breathe a little easier.

  • Kimberly Diaz

    Person

    But that relief is often interrupted, not because the medication stops working, but because of how the insurance system works. Even after being approved for a medication, I've had to go through prior authorization again and again, sometimes every 60 or 90 days, just to stay on the exact same treatment that we've identified as working.

  • Kimberly Diaz

    Person

    It's exhausting each time there's anxiety. Will it get approved in time? Will I have to pause treatment? What if a delay causes a flare up? That kind of uncertainty isn't just stressful. It's dangerous for someone with IBD when time is of the essence. I've had flare ups that landed me in the emergency room.

  • Kimberly Diaz

    Person

    And it's not always about the disease getting worse. It's about access being disrupted. AB539 would fix this. It would extend prior authorization approvals to one full year. Something that just makes sense for people with chronic conditions like mine.

  • Kimberly Diaz

    Person

    It would save time, reduce paperwork and give patients and doctors the ability to focus on care, not jumping through bureaucratic hoops. Excuse me. This bill is a simple but meaningful reform. On behalf of myself, the Crohn's and Colitis foundation and patients like me across California, I have urge your aye vote. Thank you. Thank you.

  • Mia Bonta

    Legislator

    Any others in support, please come forward.

  • Kevin Guzman

    Person

    Kevin Guzman with the California Medical Association proud co sponsors of the bill.

  • Sandra Poole

    Person

    Sandra Poole on behalf of Western Center on Law and Poverty and support.

  • Kim Stone

    Person

    Good afternoon Chair and Members. Kim Stone, Stone Advocacy on behalf of the California Orthopedic Association in support.

  • Christine Smith

    Person

    Christine Smith, Health Access California in support.

  • Sumaya Nahar

    Person

    Sumaya Nahar with the Children's Specialty Care Coalition in support.

  • Timothy Madden

    Person

    Tim Madden representing the California chapter at the American College of Cardiology, the California Rheumatology Alliance and the California Society of Plastic Surgeons in support.

  • Ryan Spencer

    Person

    Ryan Spencer representing the California Podiatric Medical Association also co sponsor the measure. The Crohn's and Colitis foundation and the California Radiological Society all in support. Thank you.

  • Molly Mallow

    Person

    Molly Mallow representing Planned Parenthood Affiliates of California in support.

  • Cher Gonzalez

    Person

    Cher Gonzalez representing my clients the American Diabetes Association, the Hemophilia Council of California, The Association of Northern California Oncologists and The Medical Oncology Association of Southern California, all in support.

  • Jorge Cruz

    Person

    Good afternoon. Jorge Cruz with the California Access Coalition in support.

  • Liz Helms

    Person

    Good afternoon. Liz Helms, California Chronic Care Coalition in strong support. We are also co sponsor of this bill.

  • Unidentified Speaker

    Person

    On behalf of the California Physical Therapy Association. In support.

  • Mia Bonta

    Legislator

    Thank you. We'll move forward with witnesses in opposition. Please come forward.

  • Nick Louiseos

    Person

    Thank you. Chair and Members. Nick Louiseos, those California Association of Health Plans. We have an opposed unless amended position on AB539 as drafted. We. We believe the bill will lead to unintended consequences and hinder our Members ability and the physicians that we work with to ensure that enrollees receive the highest value care.

  • Nick Louiseos

    Person

    Some of the issues that we see with the bill is that it'll lead to a detrimental impact on patient care, invitation to potential fraud, waste and abuse, an increase in healthcare costs due to duplicative and lower value care being administered.

  • Nick Louiseos

    Person

    But you know, in the spirit of embracing solutions, you know we've come forward with amendments on many of the bills that are under the special order of business today for this particular bill, you know, we do believe there are changes that can make it something that we can move forward with.

  • Nick Louiseos

    Person

    Again, I just reiterate, electronic submissions of these requests are very important. We think that providers should be required that to submit authorization requests electronically. Our plans are going to be required to do this in 2027 for federal programs, and we think that will speed up the efficiency and transparency for the patients that our contractor provider serves.

  • Nick Louiseos

    Person

    It'll also expedite turnaround times. The plans would like to receive clinically complete requests. So in other words, require that authorization subject to the proposed timelines, include all necessary information necessary to make an appropriate determination. We'd like to limit the validity period to 6 months instead of a year. We think that's more appropriate.

  • Nick Louiseos

    Person

    And it should be confined to specific treatments or drugs, like for chronic conditions as well. If we go with a longer validity period, it should be narrowly tailored to specific longer term or chronic conditions. The Bill right now is very undetailed in that Department, although we know there are amendments in the analysis.

  • Nick Louiseos

    Person

    And so we're still reviewing those. We should exempt certain treatments and drugs. So along the, along the same lines, and there should be some rules about when the expiration of the timeline is realized, you know, what happens to the authorization requests, et cetera.

  • Nick Louiseos

    Person

    And so I think I'll leave it at that because I know our physician medical group colleague has some points to make as well. But we do want to be a part of the conversation. Would like to continue the conversation with the sponsors and the author as well. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Please go ahead.

  • Bill Barcelona

    Person

    Chair and Members, thank you. Bill Barcelona with America's Physician Groups also on an opposed and less amended position.

  • Unidentified Speaker

    Person

    Our 200 California physician groups who have physicians managing physicians oppose this Bill in its current form because the language is overbroad and it decreases the flexibility of the physicians in our groups who are managing their patients care to set the appropriate timelines for these authorizations. And we feel that that constrains their medical judgment.

  • Unidentified Speaker

    Person

    So it's an interesting conundrum that we have here. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Any others in opposition, please come forward. You all should take an aisle seat.

  • Kelly Larue

    Person

    Kelly Larue with Resilient Advocacy on behalf of the California Chamber of Commerce, looking forward to working with the author in an opposing, less amended.

  • Steffanie Watkins

    Person

    Thank you. Stephanie Watkins on behalf of the Association of California Life and Health Insurance Company, also opposed unless amended.

  • Mia Bonta

    Legislator

    Thank you. I'll bring it back to the Committee for any questions. Assembly Member Patterson.

  • Joe Patterson

    Legislator

    Great. Thank You I came in here thinking I was going to really oppose this bill because I had some concerns. But it sounds like actually the opposition is coming to the table to see if maybe it can be narrowed because my concerns were it was it is pretty broad.

  • Joe Patterson

    Legislator

    I mean, I think there are differences between, you know, your witness had mentioned in terms of a lifelong disease, right, where you're going to need treatment all the time. And then also maybe you have a condition at this point in your life where maybe actually, for example, like a substance use disorder where you're getting. You.

  • Joe Patterson

    Legislator

    Know, one type of service and then maybe it switches to like naltrexone instead later on to help that individual, maybe through a different doctor too, by the way.

  • Joe Patterson

    Legislator

    So I think, you know, probably, like I said, I came in a little bit more down on the Bill, but actually after listening and then the opposition seems like they're going to come to the table and hopefully you'll work with them.

  • Joe Patterson

    Legislator

    And so, because today I'll lay off, just hoping maybe narrow it a little bit because it does seem very broad, by the way, what you mentioned regarding the cancer treatment and things like that. I mean, I can think of a lot of good reasons why this should happen, why this should exist.

  • Joe Patterson

    Legislator

    And that was a great example as well. And so I want to get there, but I do think it's just overly broad right now. So. Thanks.

  • Mia Bonta

    Legislator

    Would you like to make comment on that? Assemblymember?

  • Pilar Schiavo

    Legislator

    Yeah. Thank you. And I appreciate you always having an open mind when you come to Committee. And you know, I actually think that the amendments, and we were happy to work with the Committee staff on the amendments, really do narrow it.

  • Pilar Schiavo

    Legislator

    And so they, you know, the amendments say that it's either a year or it's the duration of the physician's prescribed treatment. So the physician really has control over the duration.

  • Pilar Schiavo

    Legislator

    If the duration, like, you know, the example you gave for addiction treatment, if that treatment is eight months, then it can be an eight month prescribed treatment and then they can check in again and see how it's going and give an additional, you know, determination at that time.

  • Pilar Schiavo

    Legislator

    But I, you know, I think at the end of the day the question is, are we going to trust doctors and physicians to decide what the treatment is and how long that should be, or are we going to allow insurance companies to kind of get in the middle of that and disrupt and have opportunities to deny it when it's already been determined that this is the treatment that patients need and this is the appropriate treatment and they can determine the duration for that too?

  • Pilar Schiavo

    Legislator

    And you know, I think it goes without saying, obviously that chronic diseases should not have to go through a 60 or 90 day renewal to be able to get the treatment that they know that they need.

  • Pilar Schiavo

    Legislator

    But you know, if there's some reason why that patient, you know, they're, they're trying maybe new medications, which we've heard about today, sometimes it takes a process to get to the right place.

  • Pilar Schiavo

    Legislator

    Then that physician could put that, that timeline in that treatment and make sure that they have that time to check in and then kind of reauthorize or make adjustments or whatever it may be. So, so, you know, I think, I think these changes appreciate the thoughtfulness and collaboration of the Committee.

  • Pilar Schiavo

    Legislator

    Happy of course, to talk to the opposition. I don't think they've brought us any amendments directly to our office at this time, but happy to review them and discuss them. And, but I, you know, at the end of the day, I think I trust doctors to decide what patients need.

  • Pilar Schiavo

    Legislator

    And you know, if there's waste, fraud and abuse, then there are other laws that go after that. But this is really just making sure that people have timely care and access to the care and medication that they need when they need it.

  • Joe Patterson

    Legislator

    Thank you. Well, I appreciate that. And I, you know, I'm on board with where you wanted to go with that. You know, last year I supported basically a gold card, so I'm in. No, so I've definitely supported legislation maybe even more broad than this in the past, but I am aware of situations in which people will.

  • Joe Patterson

    Legislator

    And why I think prior authorization sometimes is necessary is as terrible as it can be in some cases is because people might get treatment from one Doctor and then eventually go somewhere else, for example. Right. And so some level of review is necessary at some point in that process.

  • Joe Patterson

    Legislator

    And so if somebody has, let's say, you know, a chronic condition where they're under the treatment of a Doctor for a very long time, but then maybe they go somewhere else. Right. And get treatment under a different Doctor and their treatment is different. Does that one still exist, for example?

  • Joe Patterson

    Legislator

    I just think there is, there is a point where there, where the plans which are actually might be paying multiple providers. There is a time where maybe there a check should happen, I guess is what I'm saying.

  • Joe Patterson

    Legislator

    So, you know, I just appreciate your consideration of that as you work through the process and thanks for always being open to working on it.

  • Mia Bonta

    Legislator

    Thank you. I did have a follow up question to Assemblymember Patterson. My understanding is that the prior authorization is specific to the provider and the patient. So is there an Opportunity to essentially rollover the prior authorization beyond the existing provider.

  • Pilar Schiavo

    Legislator

    No, that's not the intent of the bill. And we can look at whether or not that's unclear for some reason, but we can certainly clarify it if it is. Mr. Patrick.

  • Joe Patterson

    Legislator

    And that's kind of what I was saying is, yeah, you might have authorization with that provider for that treatment. Right. And it's for X amount of time.

  • Joe Patterson

    Legislator

    But if you have another provider somewhere else and you also get authorization or you go through them, you're going to go through the plan, you're going to rebill it through the plan for a different type of treatment, maybe for the same condition.

  • Pilar Schiavo

    Legislator

    I mean, that sounds like fraud though, right?

  • Joe Patterson

    Legislator

    Hey, I would agree with you, but that's why we have prior authorization in place around that.

  • Pilar Schiavo

    Legislator

    Right? I mean, we're not going to solve fraud in this bill. But I think, you know, it's illegal. Medical fraud is illegal, you know, as was stated, I think by one of the prior authors. And it will continue to be illegal. And so there's, there's laws and processes that are appropriate for addressing that.

  • Pilar Schiavo

    Legislator

    If that's the case, I'll ask the.

  • Mia Bonta

    Legislator

    Opposition to help provide some clarity to the.

  • Nick Louiseos

    Person

    Yeah, I don't know. You want to take this one? What the Knox Keen act says about broad waste and AB.

  • Unidentified Speaker

    Person

    Yeah, Knox Keen Act. I'm a former Deputy Director at DMHC and I ran the licensing division. The Knox Keen act requires all licensed health plans in California to file a comprehensive anti fraud plan. So they're required to do it by contract. Any of our groups that are delegated down have to abide by that as well.

  • Unidentified Speaker

    Person

    You have to provide annual reports back to the Department. But to answer Assemblymember Patterson's question about specific examples, more importantly, a lot of our physician groups in California deal with senior patients in Medicare. Open authorizations for a specific drug prior to a hospital inpatient admission sometimes need to be curtailed. People come out of the hospital.

  • Unidentified Speaker

    Person

    There is a problem when seniors come out and they need medication reconciliation. Sometimes they have active open prescriptions for two competing drugs. They end up taking both because they have open prescriptions and then they overdose and then they end up back in the hospital within two weeks of being discharged. And that's what we call an avoidable readmission.

  • Unidentified Speaker

    Person

    That's a patient safety issue. It's a life threatening issue. That's one of the reasons why we have these requirements in the system.

  • Mia Bonta

    Legislator

    I think it would be fair to say that there's a way to be able to be more specific about that. Particular use case in the requirements that we might outline. And I also think that I know that this author is willing to work with the opposition moving forward.

  • Mia Bonta

    Legislator

    And I think the particular point around making sure that the use case related to chronic conditions is something to be explored. And I would essentially say that the example that you just offered falls under that General category as well.

  • Mia Bonta

    Legislator

    So I'm sure that the author will continue to work with you as this Bill moves forward out of this Committee, should it. Should it be able to do so? And with that, would you like to close? Michiel?

  • Pilar Schiavo

    Legislator

    Thank you, Madam Chair. You know, happy to work with opposition on any clarifying questions that they have. But at the end of the day, you know, we are really trying to make sure that care that should be received and care that's really saving lives and protecting people's health needs to continue and not be interrupted by needless reauthorization.

  • Pilar Schiavo

    Legislator

    So respectfully request an Aye vote. Thank you.

  • Mia Bonta

    Legislator

    We've had a. We need a motion. Thank you, Mr. Rogers. Seconded by Patel. Thanks. With that, Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is do pass as amended to appropriations. [Roll Call]

  • Mia Bonta

    Legislator

    That bill is on call. Thank you. We're going to move on now to item number one, AB669, presented by a very patient Assembly Member. Assembly Member Matt Haney.

  • Matt Haney

    Legislator

    Thank you so much, Madam Chair and Members. I want to start by thanking you and your staff for your work on this Bill and accept the Committee amendments. California families pay hundreds and sometimes thousands of dollars every month for health insurance, expecting the coverage to be there when they need it.

  • Matt Haney

    Legislator

    But when insurance companies are exploiting a loophole, using corporate review panels to justify cutting off life-saving addiction treatment in order to maximize profits, even when medical professionals say continued care is necessary, they're using corporate review panels to rubber-stamp denials, even when doctors say treatment is still necessary.

  • Matt Haney

    Legislator

    This means families who pay every month for insurance are left without care when they need it the most. Major health insurers reportedly collect billions of dollars collectively in profit in 2023, largely by controlling medical expenses and limiting payouts for care. Research shows that longer treatment stays lead to better recovery outcomes.

  • Matt Haney

    Legislator

    Yet insurers frequently cut off coverage after just a few days. More than 40% of opioid overdose deaths occur within two weeks of early treatment discharge, highlighting the deadly consequences of premature insurance denials. Other states have already taken action. New York, New Jersey, Massachusetts, and Delaware all have laws preventing insurers from cutting off addiction treatment too soon.

  • Matt Haney

    Legislator

    These policies have increased treatment retention rates, reduced overdose deaths, and kept patients in care long enough to recover. California, however, has failed to act, allowing insurers to keep profiting at the expense of patients. The case of Ryan Matlock is a devastating example. At just 23 years old, Ryan sought addiction treatment.

  • Matt Haney

    Legislator

    His insurer cut off coverage after three days, and less than a week later, he died—died from a fentanyl overdose. AB669 closes that loophole by stopping insurance companies from cutting off addiction treatment early, based on their own insurer-appointed reviewers' recommendations, and ensures up to 28 days of uninterrupted addiction treatment for addiction patients.

  • Matt Haney

    Legislator

    By removing these barriers, AB669 will increase treatment retention rates, reduce emergency room visits and hospitalizations, and align California with best practices from other states that have successfully strengthened insurance protections for addiction treatment. We've had productive conversations with the opposition and are looking forward to reviewing any proposed amendments.

  • Matt Haney

    Legislator

    Here with me today in support of the Bill is Christine Matlock, a mother who, as I said, recently lost her son Ryan, and Dr. David Can, on behalf of the California Society of Addiction Medicine. Additionally, Louisa Davis, a board member from the Addiction Treatment Advocacy Coalition, is here to provide any answers.

  • Mia Bonta

    Legislator

    Thank you. You'll have two minutes.

  • David Kan

    Person

    Good afternoon, my name is Dr. David. Good afternoon, Chair Bonta Members of the Committee. My name is Dr. David Kan, and I'm a practicing addiction psychiatrist. I speak on behalf of the California Society of Addiction Medicine, where I've served as past President. CCM represents the voice for evidence-based treatment.

  • David Kan

    Person

    Every day, I witness the devastating impacts of substance use disorders on individuals and their families, and I'm here to strongly advocate for AB 669. Insurance companies routinely use prior authorization not to enhance patient care, but to deny and limit critical addiction treatment.

  • David Kan

    Person

    As a psychiatrist, I've seen far too many patients whose lives are put at risk because their insurers prematurely ended coverage for medically necessary treatment. As the Assembly Member mentioned, research shows that longer treatment is associated with better outcomes.

  • David Kan

    Person

    And unfortunately, 40% of opioid overdose deaths result as come as a result of premature treatment ending, and people die within two weeks of leaving treatment. AB669 addresses the urgent issue by removing barriers, such as prior authorizations for medications. Medications alone reduce fatal opioid overdose risk by 60 to 80%.

  • David Kan

    Person

    This Bill aligns California with other states who have enacted similar legislation, with improvements in reducing overdose fatalities. The prior authorization process for FDA-approved medications represents a barrier to access. While I may be willing to spend 30 to 60 minutes on the telephone for my patients, not every physician is willing to do so.

  • David Kan

    Person

    Furthermore, medication prior authorizations are approved the vast majority almost 98% of the time, suggesting that there are ultimately barriers to care. Opposed to this Bill argue that removing prior authorization reduces accountability. However, the actual lack of accountability lies in a system that prioritizes cost cutting over patient saving patient lives.

  • David Kan

    Person

    I urge you to support AB669 and I respectfully ask for your aye vote.

  • Mia Bonta

    Legislator

    Thank you. Please go ahead.

  • Christine Matlock

    Person

    My name is Christine Matlock. My son, Ryan Michael Matlock, was born July 8, 1997, and tragically passed away on March 23, 2021, from a fentanyl overdose at the age of 23.

  • Christine Matlock

    Person

    As much as I wish I could tell you about his kind heart and his infectious laugh, today I'm here to talk about how my insurance company failed him and our family during his time of recovery from addiction. Ryan came to me one night and said, "Mom, I need help. I can't do this anymore."

  • Christine Matlock

    Person

    This time, he specifically asked for help with fentanyl addiction. We had tried rehab three times before, always at the same facility recommended by my insurance company, and still, Ryan endured two overdoses. We worked with the insurance company for three and a half weeks, finding a specialized facility.

  • Christine Matlock

    Person

    This time, Ryan frankly stated that he needed help from people who understood exactly what he was going through. The previous facility kept trying to treat Ryan for heroin, not fentanyl—which requires an entirely different approach.

  • Christine Matlock

    Person

    Group sessions were canceled regularly, and classes about finding work, finding houses, paying bills, and dealing with the court system did not apply to Ryan. As he left, he said, "I'm going to make it this time, Mom. I'm tired of living like this."

  • Christine Matlock

    Person

    Ryan was approved for seven days of detox, and yet, after three days, the insurance company said his vitals were good and he could go home. His doctor, counselor, and psychiatrist all recommended the 90 days of care. We appealed, but without speaking to Ryan, they denied the care he needed.

  • Christine Matlock

    Person

    Ryan was told he could do it on his own through an outpatient program. After three days, Ryan was working towards his dream of joining the fire academy. But the insurance company ignored the experts and relied simply on their statistics. They said he could control his addiction if he really wanted to.

  • Christine Matlock

    Person

    He called me, saying, "Mom, I'm not strong enough yet. I need help." And the next morning, he was released. Just 48 hours later, he overdosed and died. Four years later, I still miss him every day. Our lives will never be the same. Ryan asked for help.

  • Christine Matlock

    Person

    He deserved help but was denied, based on a generic chart. In his memory, I will continue to fight for bills like AB669, so no other family has to face the tragedy that we live with every day. Thank you.

  • Mia Bonta

    Legislator

    Thank you. And at this time, I ask that the Committee take a moment of silence to recognize Ryan Michael Matlock.

  • Mia Bonta

    Legislator

    Thank you. We're going to move forward with any others in support of this bill.

  • Dennis Loper

    Person

    Dennis Loper for the United Hospital Association in support.

  • Mark Farouk

    Person

    Mark Farouk on behalf of the California Hospital Association in support

  • Jorge Cruz

    Person

    Jorge Cruz on behalf of the California Behavioral Health Association, proud co-sponsor in support

  • Elle Chen

    Person

    Elle Chen on behalf of Drug Policy Alliance in support

  • Christine Smith

    Person

    Christine Smith, Health Access California in support

  • Timothy Madden

    Person

    Tim Madden representing the California Chapter of the American College of Emergency Physicians in support.

  • Louisa Davis

    Person

    Louisa Davis with Addiction Treatment Coalition in support.

  • Sherry Daley

    Person

    Sherry Daley with the California Consortium of Addiction Programs and Professionals, proud sponsors in support

  • Ellen Sergusian

    Person

    Ellen Sergusian on behalf of myself and Glendale Luxury Rehab in support.

  • Silvia Shaw

    Person

    Good afternoon. Silvia Solis Shaw here on behalf of the California State Association of Psychiatrists in strong support. Thank you.

  • Mari Lopez

    Person

    Mari Lopez, California Nurses Association in support.

  • Mia Bonta

    Legislator

    Thank you. We will now hear from primary witnesses in opposition.

  • Steffanie Watkins

    Person

    Madam Chair, Members. Steffanie Watkins on behalf of the Association of California Life and Health Insurance Companies. First and foremost, I'd like to thank the author and his staff for their willingness to meet with us last week and discuss our concerns.

  • Steffanie Watkins

    Person

    We'd also like to acknowledge the person story I think many of us in this room have been touched by substance abuse and the opioid crisis, and so our hearts go out to the families that have all been touched by that.

  • Steffanie Watkins

    Person

    As well as for the most recent-- We're also thankful for the most recent amendments that were taken to narrow the bill to in-network services.

  • Steffanie Watkins

    Person

    Regrettably, while we appreciate the open dialogue, we main concerned about many of the specific provisions in the bill. As drafted, AB 669 would prohibit concurrent and retrospective review of all inpatient/outpatient substance use disorder treatment services for the first 28 days when determined to be medically necessary by the treating physician.

  • Steffanie Watkins

    Person

    Additionally, and even more concerning, the bill would restrict plans and insurers from employing prior authorization or any other prospective utilization management requirements on outpatient drugs related to the treatment of substance use disorder.

  • Steffanie Watkins

    Person

    Again, while we share the author's goal of ensuring individuals suffering from substance use disorder receive critically important medically necessary addiction treatment services, we believe this bill goes too far. Specifically, AB 669 emphasizes on limiting authorization for care is deeply concerning.

  • Steffanie Watkins

    Person

    If passed, it can result in a system where individuals are placed in higher level patient and residential care treatment settings for longer than necessary. This approach contradicts the principle of providing care in the most integrated and least restrictive environment.

  • Steffanie Watkins

    Person

    Furthermore, other than restricting the bill to in-network services, this bill does not address or contemplate the issues of provider quality, including those potential for patients to be subjected to non-evidence-based treatments.

  • Steffanie Watkins

    Person

    This is particularly troubling given the vulnerability of this population and the general need for oversight in an area of healthcare where licensure and oversight standards are often less stringent.

  • Steffanie Watkins

    Person

    Unfortunately, rather than addressing those concerns, AB 669 would make it nearly impossible for health plans and insurers to permit patients from falling victim to the unscrupulous practices of some substance use rehabilitation-related facilities that are putting patients at risk and driving up the cost of care.

  • Mia Bonta

    Legislator

    Thank you. Can you wrap up your comments?

  • Steffanie Watkins

    Person

    For those reasons, we remain concerned with the bill, but look forward to working with the author and the sponsor if the bill moves forward today. Thank you.

  • Mia Bonta

    Legislator

    Thank you. You'll have two minutes.

  • Olga Shilo

    Person

    Thank you Chair and Members. My name is Olga Shilo and I'm here on behalf of the California Association of Health Plans, which represents 41 public and private organizations that collectively provide health care 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 ACLHIC and share our perspective on this bill. We sincerely appreciate the intent behind AB 669 and recognize the effort that went into the recent amendments narrowing the bill scope to in-network health services. Unfortunately, these changes don't address our overarching concerns with the bill.

  • Olga Shilo

    Person

    We understand and share the goal of ensuring timely access to necessary health care services for patients, including for substance substance use disorder treatment. However, we are concerned about the implications of removing accountability within the system without improving the quality of care.

  • Olga Shilo

    Person

    Utilization management, including both concurrent and retrospective review, plays a critical role in maintaining the integrity and effectiveness of our healthcare system. It ensures medical necessity, upholds provider accountability, protects against fraud, waste and abuse, and safeguards against unnecessary costs. Most importantly, it ensures that the patient receives the right care at the right time.

  • Olga Shilo

    Person

    While it is incredibly important to maintain appropriate checks and balances in health care, we are also continuously working to improve the authorization of care processes. If this bill moves forward, we are committed to continuing the dialogue and working with the author. However, at this time, we must respectfully remain opposed. Thank you.

  • Mia Bonta

    Legislator

    Any others in opposition?

  • Kelli Boehm

    Person

    Kelli L’Heureux with Resilient Advocacy on behalf of the California Chamber of Commerce in opposition. Thank you.

  • Mia Bonta

    Legislator

    Thank you. I'll bring it back to the committee for any comments or questions. Assemblymember Haney, I would like to just give you an opportunity to address the opposition's concerns about the nature of the setting for SUD treatment and how that impacts the review.

  • Matt Haney

    Legislator

    Sure, and I do again in the-- We will continue the conversation on all of those issues. And because of the amendments that were taken, we are only talking about in-network providers. So these are vetted through an extensive credentialing process by the health plan. We looked it up on the Anthem's website, for example.

  • Matt Haney

    Legislator

    They choose doctors and health hospitals for their plans, ensuring high quality care. There is extensive vetting that that happens. These are folks who've already been approved by the health plans themselves. And we're talking about 28 days here. This is a situation in which a person has said, I need help.

  • Matt Haney

    Legislator

    This is the type of help that I need. I'm seeking it. And a physician is agreeing and saying you need help. This is the type of help that you need. That's the way these decisions should be made. And we're only asking for it for 28 days which is the clinically proven, research-determined length of time.

  • Matt Haney

    Legislator

    That is the minimum that folks should be able to access without disruption. And that would have made the difference in Ryan's life. It would have made the difference in so many folks' life to at least have that opportunity to get stabilized for that 28 days by an in-network provider already determined by the health plan.

  • Matt Haney

    Legislator

    And a physician agrees that somebody needs help. I think that's something that can help a lot of people. We know we have opioid epidemic, a crisis in our state. These are folks who want help and they're paying health insurance.

  • Matt Haney

    Legislator

    They should be able to get at least 28 days without having somebody in the-- in Ryan's case who didn't even speak to him, who didn't even talk to him in what he needed and instead made that decision separate from him.

  • Matt Haney

    Legislator

    Clearly we should be able to expect that people have at least 28 days of treatment without disruption in an in-network provider that's already been vetted by a health plan. This should be some-- This is a no brainer. This is the bare minimum that everybody should be able to access if they need help.

  • Mia Bonta

    Legislator

    Thank you. And I want to thank the opposition for bringing forward your concerns. I especially want to thank Ms. Matlock for coming forward and using the incredible loss of your son to be able to educate us on the impacts of the decisions that we make here in our policy. With that, Assemblymember, would you like to close?

  • Matt Haney

    Legislator

    Thank you again and I really want to thank you for being here. Thank you for having the courage to be here and share your story and Ryan's story and to be able to make sure that what happened to him does not happen to anyone else. And that everybody who seeks treatment, who needs treatment, is able to receive it. And we with that, respectfully ask for your aye vote.

  • Mia Bonta

    Legislator

    Thank you. We need a motion and a second. Moved by Rogers. Seconded by Schiavo. Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is do pass as amended to Appropriations. [Roll call]

  • Mia Bonta

    Legislator

    That measure is on call for now. Thank you. We'll move on now to item number four. AB512 Harabedian.

  • John Harabedian

    Legislator

    Thank you Madam Chair. Thank you Members of the Committee and thank you Madam Chair and staff for all of your work on this Bill. We will be accepting your amendments. And AB512 might be one of the simpler bills that it is in front of you today.

  • John Harabedian

    Legislator

    It is about prior authorizations and I know Madam Chair has explained to the audience and to the Committee Members exactly what that is and why it is so important. AB512 would simply speed up all prior authorization determinations for urgent requests to 24 hours, one day. And not urgent requests would be made in 48 hours or two days.

  • John Harabedian

    Legislator

    Currently urgent requests can take up to 72 hours and non urgent requests can take up to five business days. Obviously I don't need to get into the details as to why that is important and sometimes life altering.

  • John Harabedian

    Legislator

    If you have a injury on a Friday and five business days could mean that you are waiting well into the next week to actually get care. 93% of doctors who have been surveyed have said that they experience on a regular basis delays in getting access to care for their patients.

  • John Harabedian

    Legislator

    Nearly 13 hours a week is spent by doctors actually filling out prior authorization paperwork. There's a lot of issues that we need to fix. This Bill really is just speeding up the timelines, making sure that we don't have life altering delays and making sure that people within our system are getting the care that they need.

  • John Harabedian

    Legislator

    Here to testify on behalf of the Bill is Angelica Martin who is a cardiothoracic surgery residential at UC Davis and Liz Helms who's the Director of the Chronic Care Coalition. And I respectfully ask your aye vote.

  • Mia Bonta

    Legislator

    You'll have two minutes. Go ahead.

  • Liz Helms

    Person

    Thank you. My name is Liz Helms and I'm President and CEO of the California Chronic Care Coalition. Thank you for the opportunity to speak in strong support of 512. The 4 C's is a unique alliance of more than 30 leading consumer health organizations, including physicians and provider groups representing Californians living with chronic conditions.

  • Liz Helms

    Person

    We advise and promote the collaborative work of policymakers, industry leaders and patient centered stakeholders emphasizing access to affordable, quality health care. Every day our coalition hears from Californians living with chronic and serious conditions patients who rely on timely access to care to manage their health and prevent complications.

  • Liz Helms

    Person

    Unfortunately, too many of these patients face harmful delays due to the prior authorization process that we've worked on for way too many years. Under current law, health plans can take up to five business days to decide on current law for standard requests and up to 72 hours for urgent care.

  • Liz Helms

    Person

    For someone struggling with pain, facing a flare up, or needing rapid intervention, these delays are not just frustrating, they can be life altering. AB512 takes a critical step forward by reducing these timelines to 48 hours for standard requests and 24 hours for urgent wounds.

  • Liz Helms

    Person

    This reform means patients will spend less time waiting in limbo and more time getting the care they need to stay healthy and out of the hospital. It also means that physicians who know their patients best can act quickly without being hampered by unnecessary administrative burdens.

  • Liz Helms

    Person

    We know that delayed care can worsen health care outcomes, increase stress, and even lead to higher costs when patients conditions deteriorate. By streamlining the prior authorization process, AB512 will help ensure that no one's health is jeopardized in red tape.

  • Liz Helms

    Person

    On behalf of the millions of Californians living with chronic illnesses, I urge your aye vote on AB512 and thank you for this opportunity.

  • Mia Bonta

    Legislator

    Thank you. You'll have two minutes.

  • Angelica Martin

    Person

    Good afternoon, Madam Chair and Committee Members. My name is Dr. Angelica Martin. I'm a cardiothoracic surgery resident at UC Davis Health. However, I'm here testifying as a private citizen and a member of SSVMS. My views are not intended to represent the position of the University of California. My title and UC Davis affiliation are for identification purposes only.

  • Angelica Martin

    Person

    As a heart and lung surgeon, my work includes cutting out cancer from people's lungs or chest cavity. I am here today to ask for a vote of support for AB512 and for your help in improving our patients lives.

  • Angelica Martin

    Person

    Specifically, I want to emphasize the harm that delays of 72 hours can have in the treatment of our cancer patients. For example, for patients with stage 4 cancer, surgery is no longer an option and we must then refer them to our oncology colleagues for chemotherapy, immunotherapy or radiotherapy. Treatment with these modalities must sometimes be immediately started.

  • Angelica Martin

    Person

    Whether this is because the tumor is so big that it's compressing structures and making it difficult for the patient to breathe or the patient's nutrition has declined so much that they need nutritional support, a delay of 72 hours is unacceptable and leads to patient suffering.

  • Angelica Martin

    Person

    All of our patients deserve the opportunity for timely care that can save their lives. Shorter turnaround times for prior authorization can drastically improve the patient's outcomes. I am humbly asking for your support and a vote of support on AB512. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Are there any others in support? Please come forward to state your name, affiliation and position on the Bill.

  • Kevin Guzman

    Person

    Kevin Guzman, with the California Medical Association, proud sponsors of the Bill.

  • Sandra Poole

    Person

    Sandra Poole, on behalf of Western Center on Law and Poverty, in support.

  • Mark Farouk

    Person

    Mark Farouk, on behalf of the California Hospital Association. In support.

  • Jorge Cruz

    Person

    Jorge Cruz, on behalf of the California Behavioral Health Association and support.

  • Mari Lopez

    Person

    Mari Lopez with the California Nurses Association. In support.

  • John Valli

    Person

    Dr. John Valli, volunteer with ARRP, in support.

  • Frederick Noteware

    Person

    Fred Noteware with Stanford Healthcare, in support.

  • Timothy Madden

    Person

    Tim Madden, representing the California Chapter of the American College of Cardiology, the California Rheumatology Alliance and the California Society of Plastic Surgeons, all in support.

  • Ryan Spencer

    Person

    Ryan Spencer at the California Podiatric Medical Association. In support.

  • Molly Maula

    Person

    Molly Maula, representing Planned Parenthood Affiliates of California in support.

  • Cher Gonzalez

    Person

    Cher Gonzalez, representing my clients, the American Diabetes Association, the Hemophilia Council of California, the Association of Northern California Oncologists, and the Medical Oncology Association of Southern California, all in support.

  • Oscar Gallardo

    Person

    Oscar Gallardo, on behalf of the California Physical Therapy Association and support.

  • Connie Delgado

    Person

    Good afternoon, Madam Chair and Members. Connie Delgado, on behalf of the District Hospital Leadership Forum and support.

  • Nicette Short

    Person

    Nicette Short, on behalf of Adventist Health, Loma Linda University Health, the Alliance of Catholic Health Care, and St. Agnes Medical Center, in support.

  • Silvia Shaw

    Person

    Good afternoon. Sylvia Solis Shaw here on behalf of the California Academy of Child and Adolescent Psychiatry as well as the California State Association of Psychiatrists, in support. Thanks.

  • Dennis Loper

    Person

    Dennis Loper, on behalf of the California Hospital Association, in support.

  • Mia Bonta

    Legislator

    Thank you. We'll move forward now with opposition. Primary witnesses. You'll each have two minutes.

  • Nicholas Louizos

    Person

    Thank you Chair and Members. Nick Louizos with the California Association of Health Plans. Again, we have an opposed unless amended position on this. In the spirit of embracing solutions, we wanted to come forward with the Committee and suggest some alternatives to the proposal before you. We do understand and share the goal of ensuring timely access to medically necessary services.

  • Nicholas Louizos

    Person

    We believe, however, the proposed timelines in this Bill in and of themselves will negatively impact the system and lead to the exact opposite goal that the Bill is trying to achieve. Just broadly speaking, authorization for care is a tool that promotes safe, high quality and affordable care.

  • Nicholas Louizos

    Person

    The process is a standard practice among public and commercial health programs, including MediCal, Medicare, CalPERS, and commercial markets. Indeed, over 85% of medical services and 75% of pharmacy services do not require authorization for care at all. But it is there to ensure the right care at the right time for the right people.

  • Nicholas Louizos

    Person

    As drafted, AB512, we believe, will lead to unintended consequences, including increased administrative burdens on doctors, potential for increased denial rates, and increased cost of health care. While it's vitally important that we maintain appropriate checks and balances in the healthcare system, it's also equally important to be a part of the solution.

  • Nicholas Louizos

    Person

    That's why we're proposing the following alternatives to the Bill. Again, electronic submissions. We think providers should be required to submit authorization requests electronically. This will greatly streamline and speed up the review process. Electronic prior authorization technology is 71% faster than processing manual prior authorization requests. Clinically complete requests are necessary.

  • Nicholas Louizos

    Person

    The Bill should require authorization requests include all necessary clinical information to make the appropriate determination. We think pharmacies should be excluded expressly from the Bill because they have their own specific rules in place in current statute and a delayed implementation date to allow providers to comply with electronic submissions requirements.

  • Nicholas Louizos

    Person

    Health Plans want to be a constructive part of the solution, which is why we've offered these alternative suggestions and we look forward to continuing our conversation with the sponsors and the author. Thank you.

  • Bill Barcelona

    Person

    Good afternoon. Chair and Members. Bill Barcelona, America's Physician Groups, also an opposed unless amended position. California's capitated delegated medical groups stand in the middle of this process.

  • Bill Barcelona

    Person

    We have physicians managing physicians. Conflating all prior authorization requests down from five days to what is currently the standard for urgent makes all prior authorization requests urgent in the minds and in the activities of our physicians who are doing this review process and they are doing approximately 1800 of these reviews a day for a medium-sized medical group.

  • Bill Barcelona

    Person

    We're concerned that this is going to create patient safety issues in the long run. It is going to compromise physician judgment, physician oversight from the referring physicians and we see a number of modifications that occur on a daily basis because of bad referrals, lack of understanding by one physician of the total care needs of the patient in a complex case management situation.

  • Bill Barcelona

    Person

    That's why our groups exist to manage and quarterback these care decisions. Thank you.

  • Mia Bonta

    Legislator

    Others with opposition, please come forward.

  • Kelli Boehm

    Person

    Kelly Lheureux with Resilient Advocacy on behalf of the California Chamber of Commerce with an opposed unless amended. Thank you.

  • Steffanie Watkins

    Person

    Steffanie Watkins on behalf of the Association of California Life and Health Insurance also opposed unless amended. Thank you.

  • Mia Bonta

    Legislator

    I'll bring it back to the Committee now for any questions or comments. Assemblymember Patel.

  • Darshana Patel

    Legislator

    Assemblymember Harabedian, thank you for bringing this Bill forward. I do have a personal tragedy in my own life regarding prior authorization delays. So I understand your impetus for bringing this Bill forward and it's really heartfelt. If you are open to adding co-authors, I would love to to be added as a co-author.

  • Darshana Patel

    Legislator

    In that vein also, I hope and I know that you will continue to work with opposition to make sure that we get this right because it's also oh-so critical that we get it right.

  • John Harabedian

    Legislator

    Would be honored to have you as a co-author and yes, you have my commitment to do that.

  • Darshana Patel

    Legislator

    And when the time is right, I'd like to make a motion to approve.

  • Mia Bonta

    Legislator

    We will consider that time now. Any seconds? Seconded by Gonzalez. Assemblymember, would you like to close?

  • John Harabedian

    Legislator

    Thank you, Madam Chair. Thank you for the testimony on both sides. Respectfully ask for an aye vote. Thank you.

  • Mia Bonta

    Legislator

    Thank you. We have a motion and a second and we'll move forward. Secretary, please call the roll.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure is on call. Thank you. We'll move forward with item number six, AB 574 Mark Gonzalez. Please go ahead whenever you're ready, Assemblymember.

  • Mark Gonzalez

    Legislator

    Thank you, Madam Chair. Thank you, Members. I'm here to present AB 574. Just like my colleague before me, in much need of prior authorization. This is sort of that next step to that which will allow patients to access up to 12 medically necessary physical therapy sessions, excuse me, without prior authorization for a new episode of care.

  • Mark Gonzalez

    Legislator

    AB 574 ensures that patients can get critical early treatment without unnecessary barriers, helping them recover faster and avoid worsening health conditions. Prior authorization requirements currently create delays that make it harder for patients to access the care they urgently need, often prolonging pain and dependence on medications like painkillers.

  • Mark Gonzalez

    Legislator

    Health plans and insurers frequently require doctors to submit detailed paperwork on and on and on to prove that the need for physical therapy. And this process varies widely depending on the insurer.

  • Mark Gonzalez

    Legislator

    A survey by the American Physical Therapy Association found that over 75% of physical therapists reported that prior authorization decisions took three, just three or more days. When patients are left waiting in pain, these delays are harmful, particularly for patients suffering from chronic conditions who may experience worsened outcomes while they wait for approvals.

  • Mark Gonzalez

    Legislator

    I know firsthand how frustrating and exhausting these delays can be. As my mother's primary caregiver, I've been the one making the call, scheduling appointments and navigating complicated approval processes. Members, three years ago, my mother suffered a stroke.

  • Mark Gonzalez

    Legislator

    It was a whole process in the way that I was able to navigate that and we had to deal with the post care of it and dealing with it. We had to wait for the mail.

  • Mark Gonzalez

    Legislator

    When the mail arrived, you had to open the mail and see what sort of forms were in there, what documentation was needed, and then to go see a doctor, then to go see the physical therapist, then to tell you, well, this was just a visit where you have to come back in two more visits and then, and then we'll tell you what more you can do.

  • Mark Gonzalez

    Legislator

    By that point you got there second visit, took time off of work, came back and it was just hurdle after hurdle just to sort of even get her the treatment that she needed. And that time is especially crucial after a stroke to be able to be fully rehabilitated.

  • Mark Gonzalez

    Legislator

    And so AB 574 will also ensure that patients are informed about potential out-of-pocket costs before starting treatment if coverage is denied and require clear consent and disclosure if the provider is out of network.

  • Mark Gonzalez

    Legislator

    This bill does not apply to Medi-Cal Managed Care Plans and defines a new episode of care as treatment for a new or recurring condition for which the patient has not received treatment within the past 90 days and is not currently undergoing active treatment.

  • Mark Gonzalez

    Legislator

    With me this afternoon are Dr. Oscar Gallardo, a physician therapist with the Los Angeles County Department of Health Services, and Dr. Katie Burch with the California Physical Therapists Association.

  • Mia Bonta

    Legislator

    Moved by Chen, seconded by Rogers.

  • Katie Burch

    Person

    Hello, Madam Chair and Committee Members. I am Katie Burch, doctor of physical therapy and Chair of the California Physical Therapy Association's Payment Policy Committee, representing over 10,000 members. We are seeing trends of arbitrary limits placed on patients access to care, which include healthcare review decisions done via computer algorithms that do not take into account trained healthcare professionals' assessment of patients' needs.

  • Katie Burch

    Person

    A review of 1.2 million cases from the nation's largest physical therapy provider found the standard number of visits authorized was 3.8 when done via a computer program, but over 10 visits when reviews were conducted by a healthcare professional.

  • Katie Burch

    Person

    Just this year, United Healthcare has implemented a prior authorization policy that interrupts physical therapy at six visits to request records to review medical necessity for continued care. This occurs regardless of the patient's conditions, what a referring physician requests and ignores the plan of care developed between the physical therapist and physician.

  • Katie Burch

    Person

    We have benchmark data that supports that 12 or more visits per episode of physical therapy care for many diagnoses is often needed.

  • Katie Burch

    Person

    The opposition to this bill believes it is necessary for the insurers and health plans to be involved early in the care process, implying a physician and/or doctor of physical therapy are unable to make determination of patients needs. The truth is that patients should not have care denied or delayed because of non-evidence based policies.

  • Katie Burch

    Person

    This bill would not limit an insurer's ability to perform retrospective utilization review. This bill instead allows care to be delivered without unnecessary delays. Public studies show that costs can be as much as 75% higher when access to physical therapy is delayed.

  • Katie Burch

    Person

    I already see an alarming trend of delayed ability to schedule initial physical therapy care due to a shortage of providers as well as an alarming increase in time spent by providers performing paperwork due to prior authorization.

  • Katie Burch

    Person

    Having access for up to 12 visits does not mean every patient gets 12 visits, but we know that this number will meet 90% of patients needs. I urge you to support AB 574 and we thank Assemblymember Gonzalez for sponsoring this bill.

  • Mia Bonta

    Legislator

    Thank you. Please go ahead.

  • Oscar Gallardo

    Person

    Hello Madam Chair and Committee Members. My name is Oscar Gallardo, doctor of physical therapy and I serve as a Board Member of the California Physical Therapy Association.

  • Oscar Gallardo

    Person

    In my 22-year clinical career, I've observed how the current prior authorization process leads not just to delays in patients beginning critical physical therapy services after a life changing neurological condition, but also causes reduced access to services that patients already pay for as part of their health plan.

  • Oscar Gallardo

    Person

    I work with individuals recovering from serious neurological conditions at the Los Angeles County Department of Health Services and these conditions such as stroke, traumatic brain injury and spinal cord injury, to name a few. Immediate and continuous access to rehabilitation services is vital to maximizing recovery for these individuals.

  • Oscar Gallardo

    Person

    However, this ready access to care is not with patients currently experienced under the current prior authorization process.

  • Oscar Gallardo

    Person

    Instead, patients frequently experience not only delayed start of care but also unnecessary disruptions to the continuity of care because a typical authorization of just a few PT visits requires that patients stop therapy after completing a few therapy sessions, sometimes wait weeks for a new authorization before they can continue their plan of care.

  • Oscar Gallardo

    Person

    For many patients, this cycle repeats itself several times during a plan of care which results in a yo-yo effect so to speak, where patients make some progress but then lose function while they wait for new authorization.

  • Oscar Gallardo

    Person

    Once they return to therapy, sometimes weeks later, it's usually at a lower functional status than they were before, and the new sessions must be used to help them return to their prior state rather than advance their recovery. This system is not just inefficient, but it delays neurological recovery and potentially results in greater medical costs.

  • Oscar Gallardo

    Person

    AB 574 will not result in unfettered access to care, as opponents of this bill claim without evidence. Rather, AB 574 will increase access up to the initial 12 visits of a plan of care and reduce unnecessary delays to recovery.

  • Oscar Gallardo

    Person

    Californians deserve to have access to the services that they pay for as part of their health plan and that are medically necessary within all established clinical standards and research. I urge your support for AB 574 and thank Assemblymember Gonzalez for sponsoring this bill. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Any others in support, please come forward. Primary witnesses in opposition, please come forward.

  • Steffanie Watkins

    Person

    Madam Chairmember Stephanie Watkins on behalf of the Association of California Life and Health Insurance Companies, I would like to acknowledge that we've had many previous conversations and productive conversations with the sponsors over the last couple years.

  • Steffanie Watkins

    Person

    Unfortunately, we are opposed to the bill before you today which would exempt certain providers from seeking prior authorization for physical therapy services. Prior authorization serves as a critical function within the healthcare system, as many of you guys have heard today. I won't belabor that point, but it does serve a critical role within our infrastructure.

  • Steffanie Watkins

    Person

    Regrettably, AB574 would undermine that process by allowing physical therapy providers to provide their patients with up to 12 visits without any oversight or review by the patient's health plan or primary care physician.

  • Steffanie Watkins

    Person

    In essence, this policy change would grant unfettered access to the particular services, restricting the health plan insurer's ability to determine if the treatment visits are medically necessary or follow the standard clinical care guidelines. Without this assessment, we are concerned that patients may receive unnecessary or inappropriate treatment or therapies that are not tailored to their specific needs.

  • Steffanie Watkins

    Person

    We believe this bill will unnecessarily increase administrative costs, decrease affordability, and potentially lead to unneeded or unnecessary care delivery for our Members. For these reasons, we are opposed to this bill if it does move forward today. We do look forward to continuing those conversations that we've had previously and thank the Committee for the Time.

  • Olga Shilo

    Person

    Thank you, Chair Members. My name is Olga Shiloh and I'm here on behalf of the California Association of Health Plans that collectively provide healthcare coverage to over 28 million Californians and are dedicated to ensuring access to high quality, affordable healthcare.

  • Olga Shilo

    Person

    I would like to align my remarks with those of my colleague from ACLI and share our perspective on this bill. While we recognize the value and value the important role physical therapy plays in patient recovery and well being, we have significant concerns about the unintended consequences of removing key oversight mechanisms.

  • Olga Shilo

    Person

    Authorization of care is a fundamental tool to ensure that patients receive safe, high quality and affordable care. This process facilitates adherence to evidence based medical guidelines, protecting individuals from unnecessary procedures, excessive costs and potentially harmful treatments. This process is not about denying care. It is about ensuring the right care at the right time from the right provider.

  • Olga Shilo

    Person

    I would like to reiterate reiterate that while it is incredibly important to maintain appropriate checks and balances in health care, we are continuously working to improve the authorization for care processes. If this bill moves forward, we are committed to continuing the dialogue and working with the author. However, this time we must respectfully remain opposed.

  • Olga Shilo

    Person

    Thank you for your consideration.

  • Mia Bonta

    Legislator

    Thank you Are there any others in opposition to the bill, please come forward. Seeing none, I will bring it back to Committee. Assembly Member Patel.

  • Darshana Patel

    Legislator

    Thank you for bringing this interesting bill forward. Again, another prior authorization challenge. I wanted to ask a specific question around an individual's own health insurance policy. If you have an HMO or a group plan like that, you do get a referral from a physician. But if you have a PPO, you would self refer.

  • Darshana Patel

    Legislator

    And in this case, you would need no physician's check on your condition before self referring to physical therapy. Am I understanding this correctly? Yes, that would be correct. Okay, so then with that in mind, I do want to raise a concern. It is unfortunately a scenario based on my own personal situation. My daughter is a student athlete.

  • Darshana Patel

    Legislator

    She suffered an injury. If we were self referring, we would have gone straight to physical therapy and we probably would have done that for 12 weeks because sports injuries often just need physical therapy.

  • Darshana Patel

    Legislator

    She actually had a fractured olecranon bone and if we had gone to physical therapy without going to a physician first, she would have done physical therapy and then returned to her sport on a broken bone.

  • Darshana Patel

    Legislator

    And I do have concerns around this and want to make sure that in the PPO situation there is still a physician taking a look and making a decision. But I am willing to listen to your response. Further, to see how I surprised myself. Let me say this. In my concern that I'm raising today.

  • Unidentified Speaker

    Person

    I'd like to address that question. So once the patient completes their initial evaluation, there does need to be a signed plan of care. So we must forward the plan of care to the physician for signature and for review of our evaluation and any additional treatment. So, you know, I think the concern.

  • Unidentified Speaker

    Person

    About, you know, there being ongoing treatment without oversight is not quite accurate given the fact that there has to be a follow up with a physician on. That kind of care following an evaluation.

  • Darshana Patel

    Legislator

    And that evaluation happens in the first day.

  • Unidentified Speaker

    Person

    First day, correct.

  • Darshana Patel

    Legislator

    Okay, yeah. Okay.

  • Unidentified Speaker

    Person

    Just, just to add the, the humanistic point of view on this one. First of all, I think that when you're going through some sort of an issue, I'll talk about my own only case because it's about my own.

  • Unidentified Speaker

    Person

    When you sit here and you talk about, okay, well we've got authorization for this and that folks don't understand what a PPO and an HMO are. They just don't. And the reality is that, well, what does that mean? I understand that, but with my mother's medic. Medicaid at the time, excuse me, didn't necessarily understand.

  • Unidentified Speaker

    Person

    Well, what did that Mean, you get this piece of paper, you take it to them. We've evaluated you. We knew she had a stroke. We were there. We saw it, we got the medicine. Then the next steps were, well, now you got to go take it somewhere. Who's going to take you?

  • Unidentified Speaker

    Person

    They're going to evaluate you, and you're going to leave and then come back again. That was considered two prior authorizations. Then we had to wait another week. Time is of the essence.

  • Unidentified Speaker

    Person

    I mean, it's much faster to hire somebody at the gym as a personal trainer for physical therapy than it is to get an actual authorization for insurance you pay for. So I think your points are well taken and valid.

  • Unidentified Speaker

    Person

    But there is pieces to this that we have thought about that creates an arena where the patient can also be seen and then be able to go back out safely. And that's what's key to that.

  • Darshana Patel

    Legislator

    Thank you. So just to clarify, say, in my daughter's situation, she showed up to a physical therapist, and you were able to determine that she may have something beyond just muscular injury or a tendon injury where you were delivering physical therapy, Would you know to send.

  • Darshana Patel

    Legislator

    Would you be authorized to send her for an X-ray, or would you refer her back to her physician for that care?

  • Unidentified Speaker

    Person

    So we would normally refer him back. And I think also I just want to emphasize, you know, we are at a doctoring level of care now, and so we do get extensive training and screening for injuries or other diseases that might be out of our scope of practice.

  • Unidentified Speaker

    Person

    And I think also in my, like, I've been a PT for over 20 years. Even when I do have a referral, I'll catch things and refer back. So, you know, just that, realistically, that's what's going on.

  • Darshana Patel

    Legislator

    Thank you. I'm willing to support today, and I hope that you continue to work with the opposition to make sure we cover any of these gray zones and so that patients do get the appropriate amount of care at the right time.

  • Unidentified Speaker

    Person

    And I appreciate the question because I think that those have been coming up time and time again, like, well, what is the structure? What is the roadmap to that success? Thank you.

  • Mia Bonta

    Legislator

    Thank you. Seeing no other questions or comments, is there a motion?

  • Unidentified Speaker

    Person

    I think you already did that.

  • Mia Bonta

    Legislator

    Motion made. Assemblymember. You may close.

  • Unidentified Speaker

    Person

    Thank you, Madam Chair. Thank you to Members. AB574 is our promise that healing in California begins with compassion and not paperwork. Movement is one of the biggest factors in a person's life, and we cannot afford to block that progress by removing needless delays. We turn barriers into bridges.

  • Unidentified Speaker

    Person

    We transform waiting rooms into recovery rooms and pain into progress. Unintended consequences to this bill and if it doesn't get passed, is that more people will continue not to recover. I've told people that government is supposed to be the problem solver, not the problem. And that's what we're doing today.

  • Unidentified Speaker

    Person

    We're standing together for every patient in need, ensuring care comes swiftly and hope for patient reigns. I respectfully ask for your Aye vote.

  • Mia Bonta

    Legislator

    Thank you, Assembly Member. With that, Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is due. Pass to appropriations. [Roll Call]

  • Mia Bonta

    Legislator

    That measure is on call. Thank you, Assemblymember, and as we transition, we are now closing out the special order of business. We heard six bills related to utilization review and utilization management. I'll just make some comments prior to Assemblymember Davies coming up, including authors, please come down to the hearing room should you choose to have your Bill heard.

  • Mia Bonta

    Legislator

    I want to thank the Members who brought these bills forward and for all the stakeholders who came to share their testimony and perspectives. There is clear momentum and a call for the Legislature to make progress this year to improve utilization management processes.

  • Mia Bonta

    Legislator

    What I heard was a very clear mandate from this set of bills, that the Legislature is wanting to make sure that we are minimizing disruption of access to care, that we're recentering patient care, that we're ensuring that we have timeliness of review, and that we have timeliness of access to care, that we ensure that we are prioritizing continuity of care and making sure that the review that happens is done in such a way that it is conducted by those who are matched with medical knowledge and expertise to do so.

  • Mia Bonta

    Legislator

    And finally, that treatment and medication prescription is driven by the needs of the patient and the treatment indicated by the provider.

  • Mia Bonta

    Legislator

    We also heard from those in the health plans that there could be unintended consequences to ensure that the highest value of care is something that is primal to all of us, and that we must make sure that we are focusing on not driving up healthcare costs, as we implement these systems.

  • Mia Bonta

    Legislator

    I heard a move and a desire to move towards solutions that would help us all. A desire to make sure that we are introducing and focusing on authorization requests being done through electronic submissions.

  • Mia Bonta

    Legislator

    I would like to note that we have two deadlines in 2026, around the data exchange and the federal rule requiring interoperability, to be able to support that, and the need to be able to consider—clinically complete requests that are done in a way that are complete enough for the prior authorization, that is made to be complete and whole.

  • Mia Bonta

    Legislator

    And I certainly heard the considerations and concerns around proposed timelines. At the end of the day, however, we have been able to put forward, as on this Assembly, package of bills that will improve the processes and increase access to care for as many Californians as possible.

  • Mia Bonta

    Legislator

    And I look forward to continuing to work with the authors, providers, consumer advocates, and the plans to fine tune any of these pieces of legislation, push that package forward, across the finish line this year.

  • Mia Bonta

    Legislator

    With that, that concludes our special order of business, and we will move on now to Item Number—Item number 13, AB 425, by Davies.

  • Mia Bonta

    Legislator

    Moved by Chen, seconded by Patterson.

  • Laurie Davies

    Legislator

    Good afternoon Honorable Chair and Committee Members. I want to start out by happily accepting the Committee amendments and thank staff for all their hard work so far this year. According to the California Health Care Foundation, roughly 9% of Californians age 12 and up are considered to have a substance use disorder.

  • Laurie Davies

    Legislator

    Across California, we have many great programs and facilities where patients can get treatment for substance use. But like other programs or services, the standards need to be occasionally updated.

  • Laurie Davies

    Legislator

    AB425 would require the Department of Healthcare Services to adopt the American Society of Addiction Medicine, also known as asam, or Equal Treatment Criteria for Certified Outpatient Alcohol and other drug programs. With so many people needing some form of substance use treatments, it's important to implement treatment criteria that is backed by evidence and has been tested over time.

  • Laurie Davies

    Legislator

    30 other states have already begun implementing ASAM standards across their different treatment programs and facilities. However, we shouldn't have two different standards for criteria and instead adopt ASAM for certified programs. We need to continue to improve the services we provide to California patients.

  • Laurie Davies

    Legislator

    We have a long road ahead trying to solve substance abuse, but I'm committed to helping innovate our state and make progress towards better treatment for our patients. Committee Members, thank you for your time today. I respectfully ask for an Aye vote.

  • Mia Bonta

    Legislator

    For witnesses in support. You'll have two minutes. No witnesses. No witnesses in support. Any others in support? Who would like to testify?

  • Nicole Wordelman

    Person

    Nicole Wordelman on behalf of the Orange County Board of Supervisors and support.

  • Silvia Shaw

    Person

    Sylvia Solisha on behalf of the California State Association of Psychiatrists in support. Thank you.

  • Unidentified Speaker

    Person

    Rocky Road City Council on behalf of the City of Simi Valley in support.

  • Mia Bonta

    Legislator

    Thank you. Any primary witnesses in opposition? Any #metoos in opposition? Seeing none. I'll bring it back to the Committee for comment. I want to thank Assemblymember Davies for bringing this bill forward.

  • Mia Bonta

    Legislator

    I appreciate your intent to ensure an appropriate minimum standard for certified alcohol and drug programs, and I encourage you to continue working with DHCS should this bill move forward to develop a clearer picture for how the recently established certification standard align with, with or differ from ASM. With that we have a motion and a second.

  • Mia Bonta

    Legislator

    Secretary, would you like to close?

  • Mia Bonta

    Legislator

    Thank you. Secretary, would you please call the roll?

  • Laurie Davies

    Legislator

    Just respectfully ask for an aye vote. Thank you.

  • Committee Secretary

    Person

    The motion is do pass as amended to appropriations.[Roll Call]

  • Mia Bonta

    Legislator

    That is on call. Thank you. Thank you.

  • Mia Bonta

    Legislator

    We're going to move on now to item number 15, AB543. Mark Gonzalez.

  • Mia Bonta

    Legislator

    Please go ahead.

  • Mark Gonzalez

    Legislator

    Thank you. Madam Chair and Members, I'm pleased to present AB543 which will ensure that people experiencing homelessness can access immediate life saving medical services through street medicine providers without unnecessary delays or administrative barriers.

  • Mark Gonzalez

    Legislator

    California faces a homeless crisis at an unprecedented scale, with over 187,000 individuals counted as homeless in January of 2024 that we know of at an all time high and two thirds living unsheltered. Although California represents only 12% of the nation's population, we account for nearly 25% of the country's homelessness.

  • Mark Gonzalez

    Legislator

    Studies show that people experiencing homelessness have much higher rates of chronic diseases like diabetes, heart disease and HIV AIDS, and are twice as likely to have disabilities compared to the General population. On average, people experiencing homelessness die 12 years sooner than housed individuals.

  • Mark Gonzalez

    Legislator

    AB543 ensures that medical members, Medi Cal members, excuse me, experiencing homelessness can access medically necessary services directly from street medicine providers even if they are not formally assigned to those providers through their managed care network.

  • Mark Gonzalez

    Legislator

    While over 70% of people experiencing homelessness are enrolled in Medi Cal, fewer than 10% are able to access care from their assigned primary care provider, compared to 82% of the General population. Without AB543, patients are often forced to wait weeks or months for critically needed care, leading to worsened health outcomes, preventable hospitalizations and tragically preventable deaths.

  • Mark Gonzalez

    Legislator

    Street medicine providers, despite being licensed and often contacted with Medi Cal managed care plans, are currently blocked from ordering essential services like X-rays, wound care supplies, specialty referrals and medications simply because they are not patients assigned PCP.

  • Mark Gonzalez

    Legislator

    These results are increased suffering for patients and higher emergency room utilization, longer hospital stays and overall greater health care costs.

  • Mark Gonzalez

    Legislator

    AB 543 addresses these issues by implementing three essential reforms establishing presumptive eligibility for people experiencing homelessness, allowing medical providers to immediately enroll and treat patients two Removes the network barrier so that the street medicine providers can directly order medically necessary services and 3 creating a homeless identifier within Medi Cal and public assistance systems to improve care coordination access to those critical services.

  • Mark Gonzalez

    Legislator

    Without these reforms, individuals living unsheltered are left to make impossible choices, risking their health to protect their belongings or wage waiting for weeks as bureaucratic processes delay that much needed care.

  • Mark Gonzalez

    Legislator

    Street medicine is a proven evidence based model that increases access to primary care, improved management of chronic diseases, reduces emergency room visits and hospital stays, and improves housing outcomes, all of which are better for the unhoused person and the taxpayer.

  • Mark Gonzalez

    Legislator

    With me this afternoon are two extraordinary witnesses, Brett Feldman, the Director and co founder of USC Street Medicine, and Tony Menacho of the Executive Director of Sacramento Street Medicine. Take it away.

  • Brett Feldman

    Person

    All right, thank you Assemblymember Gonzalez, Madam Chair and the rest of the Committee. My name is Brett Feldman. I'm the Director of street medicine for University of Southern California as well as the Vice Chair of the International Street Medicine Institute.

  • Brett Feldman

    Person

    And for almost 20 years I've been going to the people, visiting our neighbors, experiencing unsheltered homelessness on the streets, under the bridges, in the woods and places I'd never imagined people would be, armed with my backpack and a pickup truck, seeing people in their environment where they prefer to be seen.

  • Brett Feldman

    Person

    Over the past few years we've street medicine has grown tremendously throughout the state. With the help of the Legislature, DHCS and many others. We're now almost 70 programs statewide in 35 different counties. We can even be reimbursed for the care that we provide now. So AB 543 is not about reimbursement, but is an access to care Bill.

  • Brett Feldman

    Person

    And the problem we're trying to solve is that when people experiencing homelessness get Medi Cal and 80% have Medi Cal, they get assigned to a managed care plan who assigns them to a primary care provider. That primary care provider acts as a gatekeeper for medically necessary services.

  • Brett Feldman

    Person

    The problem is over 90% are not able to make it to that primary care provider. So they're also not able to get their medically necessary services when we see them on the street. Even though I'm licensed with the managed care plans and licensed to order those things, I'm not able to.

  • Brett Feldman

    Person

    This can seemingly have see seem very simple or even silly at times. Like, for example, a patient. I cannot order a back X-ray for a gentleman who needs it to return to work as an electrician and resolve his own home, his own homelessness, and others really severe consequences.

  • Brett Feldman

    Person

    Like yesterday, I had to move a patient into a skilled nursing facility after having a massive stroke because I couldn't order the cardiac testing that he needed. So AB543 is a very simple bill.

  • Brett Feldman

    Person

    It allows the medically necessary services that the state has already paid for, that managed care plans are already contracted for, and that street medicine is already licensed for to actually get to our neighbors who need it the most.

  • Mia Bonta

    Legislator

    Thank you. You'll have two minutes.

  • Anthony Menacho

    Person

    Good afternoon, Madam Chair and Members of the Committee. My name is Anthony Menacho, Family Medicine, PA, and Executive Director of Sacramento Street Medicine. I'm here to speak in support of AB543. As someone who practices medicine both on the street and in the clinic, I feel I'm uniquely positioned to give a testimony on both sides of this issue.

  • Anthony Menacho

    Person

    In my six years of experience in the clinic, I find that my unsheltered, unhoused patients rarely make it to the initial visit, let alone consistent follow up. And it's because I was unable to do this at the level of the clinic that I went out to the streets and provided this care.

  • Anthony Menacho

    Person

    The issue, as Brett mentioned, is that these patients have to go back to their assigned PCP to get essential orders such as an X-ray, a CT scan, or a referral to specialty care, all delaying the care that these folks need for months, sometimes years.

  • Anthony Menacho

    Person

    For the folks that we see on the streets, whether it's a patient with congestive heart failure, not receiving the proper consultation from a cardiologist, a massive Hernia that we just saw last week, not getting the surgical intervention simply because we couldn't place the referral to a general surgeon or the patient who smokes and requires routine diagnostic imaging for screening of lung cancer.

  • Anthony Menacho

    Person

    Not getting it because we can't place that order on the street, Patient health outcomes are worsened simply because we as street medicine providers cannot place those orders despite the patient being right there in front of us.

  • Anthony Menacho

    Person

    The street medicine bill, AB543, addresses this issue by allowing street medicine providers to place those orders without the barrier of bringing that patient back to a brick and mortar clinic and rather placing the order then and there.

  • Anthony Menacho

    Person

    This allows street medicine the opportunity to provide the care and consistent follow up where these patients actually will be seen and can be seen where street medicine providers are directly where they stay. And so, with that in mind, I strongly urge you all to support AB543.

  • Mia Bonta

    Legislator

    Thank you. Any others in support, please come forward.

  • Kristy Wiese

    Person

    Good afternoon. Kristy Wiese with Capital Advocacy and support on behalf of the California Hospital Association.

  • Mia Bonta

    Legislator

    Thank you.

  • Rona Li

    Person

    Rona Li on behalf of SCAN Group, a senior serving healthcare organization also in support of this Bill.

  • Malik Bynum

    Person

    Good afternoon Madam Chair. Malik Bynum with the County Behavioral Health. Directors Association and support.

  • Madison Whittemore

    Person

    Madison Whittemore on behalf of Steinberg Institute, Smart Justice California, Encourage California all in support.

  • Indu Subaiya

    Person

    Indu Subaiya on behalf of Healthcare in Action, a street medicine organization, and support.

  • Nicette Short

    Person

    Nicette Short on behalf of Adventist Health and support.

  • Timothy Madden

    Person

    Tim Madden representing the California Chapter of the American College of Emergency Physicians and support.

  • Molly Maula

    Person

    Molly Maula with Edelstein Gilbert Robson & Smith on behalf of Planned Parenthood Affiliates of California in support.

  • Kwok Dam

    Person

    Kwok Viet Dam on behalf of Sacramento Street Medicine in support.

  • Jolie Onodera

    Person

    Good afternoon Madam Chair and Members. Jolie Onodera with the California State Association of Counties in support.

  • Divya Shiv

    Person

    Divya Shiv with Housing California in support.

  • Sally Malone

    Person

    Hi. Sally Malone with the University of Southern California, proud sponsor and support.

  • Scott Zucco

    Person

    Scott Zucco, Liver Coalition of San Diego, convener of the Hepatitis C Elimination Coalition for San Diego County.

  • Jorge Cruz

    Person

    Jorge Cruz on behalf of the California Behavioral Health Association and the California Access Coalition in support.

  • Dylan Elliott

    Person

    Madam Chair. Dylan Elliott on behalf of the California State Association of Counties. Excuse me, Psychiatrists in support. My fault.

  • Mia Bonta

    Legislator

    You can be free. The other two.

  • Rand Martin

    Person

    Madam Chair, Members. Rand Martin on behalf of the AIDS Health Care Foundation which is also a MediCal managed care plan in very strong support of this Bill. Thank you.

  • Elle Chen

    Person

    Elle Chen on behalf of Drug Policy Alliance and support.

  • Whitney Francis

    Person

    Whitney Francis with the Western Center on Law and Poverty and support.

  • Mia Bonta

    Legislator

    Thank you. Do we have any primary witnesses in opposition? Any me-toos in opposition? Seeing none, I will bring it back to the Committee for question or comment. Assemblymember Schiavo.

  • Pilar Schiavo

    Legislator

    I just wanted to thank the author for the Bill and I'd love to be a co-author if you'll have me. I co-founded an organization working on homelessness and doing outreach into encampments.

  • Pilar Schiavo

    Legislator

    And you know, I shared this story with you when you were in my office, but one of the folks that I did outreach to was actually hit by a car up on the curb where he was sleeping. And it was. He would not go to the hospital. He was afraid of it. He kind of refused.

  • Pilar Schiavo

    Legislator

    And the only care that he would receive was street medicine that came out to him. And I know how critical it is, especially in these situations where, you know, people can't. They're afraid to leave their things because they'll get stolen, they are not able to keep appointments.

  • Pilar Schiavo

    Legislator

    All kinds of a myriad of challenges when it comes to folks who are experiencing homelessness being able to access the care that they need.

  • Pilar Schiavo

    Legislator

    And so this kind of work that really brings the care out to folks where they are to make sure they have access when they need it and where they need it is so critical and appreciate that this is really addressing a need that's out there so desperately. Thank you.

  • Mia Bonta

    Legislator

    Thank you, Assemblymember. I also want to thank you for bringing forward this Bill. We've talked about this Bill quite a bit in Committee and our conversation. I think because we have incredible proponents in our staff for this program.

  • Mia Bonta

    Legislator

    I want to just recognize that what I look at and see is the eternal optimism of our frontline providers here and want to thank you for the work that you all do. And I also think that this is an incredibly powerful program, street medicine.

  • Mia Bonta

    Legislator

    It's an option that some medical medi Cal managed care plans are taking advantage of. But I would encourage all of the medical managed care plans to implement this option. And I know that there's a remaining issue around notification that we've spent some time talking about in Committee around the assigned primary care provider.

  • Mia Bonta

    Legislator

    But I have confidence that this incredible author will address that as this Bill moves forward, should it do. So with that Assemblymember, would you like to close?

  • Mark Gonzalez

    Legislator

    Absolutely. Thank you, Madam Chair, and thank you Members. Last week I walked the sunlit sidewalks of Los Angeles, side by side with the heroic USC street medicine teams in my district in Picnic Macarthur Park. I saw courage in the eyes of an elder individual who feared they would never walk again.

  • Mark Gonzalez

    Legislator

    And I watched hope bloom on the face of a young man when a simple bandage became his lifeline. Those moments, born of compassion and carried on the breath of Sisa Puerto, remind me that every life is sacred. Every neighbor a precious jewel in California's crown. With AB543, we ignite a beacon of hope across our state.

  • Mark Gonzalez

    Legislator

    Presumptive medical eligibility that reaches out to the unhoused before bureaucracy can say wait. The removal of network walls that block life saving services and a homeless identifier that ensures no one vanishes from our care. This Bill is not just policy, it's a promise.

  • Mark Gonzalez

    Legislator

    A covenant of mercy that unfolds with each X-ray ordered on the curb, each prescription handed over without delay, each wound dressed under the open sky. Let us be the hands that heal, the voices that uplift, and the hearts that refuse to turn away.

  • Mark Gonzalez

    Legislator

    In doing so, we answer the call of our better angels and shine a light so bright that even the darkest in every encampment transform into the morning. Today we have the power to rewrite destiny for thousands of Californians living without shelter, ensuring they are not invisible, not forgotten, and never left behind.

  • Mark Gonzalez

    Legislator

    With that, I respectfully ask for your aye vote.

  • Mia Bonta

    Legislator

    Thank you. We need a motion and a second. Moved by Chen. Seconded by, seconded by Krell. Secretary, please call the roll.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measures out. Thank you, Assembly Member. We are going to move on now to item number eight, AB 302 Bauer-Kahan.

  • Rebecca Bauer-Kahan

    Legislator

    Thank you, Madam Chair and Members. I'm proud to present AB 302, a bill that increases medical data protections. And this bill, I don't want to accept Committee amendments. Before I start, I want to thank the staff and the chair for their work on this and their willingness to work with me.

  • Rebecca Bauer-Kahan

    Legislator

    Because this bill was born out of an experience I had. I showed up at my son's pediatrician appointment and was handed a release form. Being the nerdy lawyer I am, I started to read the release form.

  • Rebecca Bauer-Kahan

    Legislator

    It was for the use of the AI device that many physicians are now using to create notes in the appointment, which I want to start by saying I think is actually a really great device.

  • Rebecca Bauer-Kahan

    Legislator

    I think that when my physician in other settings has been able to use it, maintain my HIPAA protections, I felt like my physicians are more present and able to avoid the busy work that goes with the note taking afterwards.

  • Rebecca Bauer-Kahan

    Legislator

    But this release specifically asked me to allow for my recording of my child's pediatrician appointment to be released to third party vendors, and when released to the third party vendors, lose all HIPAA protections. I was shocked. I walked in, handed it to my doctor and I said, you know what you're asking me to do?

  • Rebecca Bauer-Kahan

    Legislator

    Then I go home. I didn't sign it. Just so we're clear. I go home, I tell my husband the story. He's like, oh, gosh, I signed that last week for our other kid. Which, by the way, I assume most people do. Who reads those forms but me?

  • Rebecca Bauer-Kahan

    Legislator

    And I then had a conversation with my doctor about it and I said, why would you ask this of your patients? There's no reason. I mean, all of your medical records are in the cloud. They're being used by third party vendors, and they're maintaining our HIPAA protections.

  • Rebecca Bauer-Kahan

    Legislator

    And I understand as the Chair of privacy, who has delved very deeply into the AI space that the value of our data now has taken off. That AI is getting better and it will get better if they get more data.

  • Rebecca Bauer-Kahan

    Legislator

    But the idea that they would use my child's pediatric appointment without anonymizing it or De identifying it, which is the requirements under our healthcare privacy laws, was shocking to me.

  • Rebecca Bauer-Kahan

    Legislator

    Now in conversations I had with larger providers than the one I was at that have better bargaining power, they were able to ensure that their patients data was protected. That as it went to those vendors, it was not used in the way that I was being asked to give it up.

  • Rebecca Bauer-Kahan

    Legislator

    But I want to make sure that every patient has that, that when you go in and you consent to these AI devices being used, that you are getting protected from that data being used in ways that are not healthcare related. And so that is really the goal of this bill. It's fairly simple.

  • Rebecca Bauer-Kahan

    Legislator

    In my conversations with some of those bigger healthcare providers, they said to me, well, we would never do that. So the bill as it's coming out today makes sure that that information is not used for marketing purposes.

  • Rebecca Bauer-Kahan

    Legislator

    And we hope to continue with the chair and the other committees to also make sure that as it's used in the training setting for AI tools that it continues that privacy protection of being anonymized and De identified because that really ensures protection. With me today is Tracy Rosenberg from Oakland Privacy.

  • Tracy Rosenberg

    Person

    Yes, thank you. Good afternoon Chair Bonta, 10 Members. My name is Tracy Rosenberg. I'm the advocacy Director at Oakland Privacy. We are statewide coalition that focuses on the protection of privacy rights, community consent and civil and human rights. So AB 302 does two things, not just one. And I want to talk about both.

  • Tracy Rosenberg

    Person

    The first is that it makes a small change to California's Confidentiality of Medical Information act or CMIA to express clearly in statute that medical information is not to be disclose pursuant to a court order, subpoena or a warrant unless those demands are in compliance with current California law as created by this Legislature.

  • Tracy Rosenberg

    Person

    And it's important because that bill language is dynamic and has ongoing responsiveness to the evolution of California State law. As you guys have these hearings and as you change things. The second part of the bill relates to the complex question of consumer consent.

  • Tracy Rosenberg

    Person

    As you know, it is somewhat likely that many people don't want their medical information shared or used for marketing purposes or training AI programs as the author said. But it isn't clear that all of these people are checking no on the forms presented to them at the doctor's office or the or the insurance company office.

  • Tracy Rosenberg

    Person

    Patients rightfully assume that if they don't sign that form that they're given that they're not going to get the care that that they need or their medical care might be delayed.

  • Tracy Rosenberg

    Person

    At a minimum, we should ensure that consent processes are maximally robust and it's made clear to people when they're getting medical care that they do not have to grant consent that their medical care will not be delayed or impaired or withheld if they don't sign that form.

  • Tracy Rosenberg

    Person

    So that's the intent of AB302 and we ask for your support.

  • Mia Bonta

    Legislator

    Thank you. Are there any others who would like to provide #metoo's in support?

  • Paul Yoder

    Person

    Madam Chair and other Members. Paul Yoder on behalf of the California State Association of Psychiatrists. If corporations can sell your data, they will. As the Assembly woman said, I'd urge you and Aye vote on this bill. Thank you.

  • Ryan Spencer

    Person

    Ryan Spencer with the American College of OBGYN's District 9 in support.

  • Brittany Stonesifer

    Person

    Brittany Stonesifer for Kaiser Advocacy on behalf of the Privacy Rights Clearinghouse and strong support. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Are there any primary witnesses in opposition?

  • Nicole Young

    Person

    Thank you. My name is Nicole Young and I'm with Moms for Liberty as well as Californians United for Sex Based Policy and Law. AB 302 threatens the very fabric of our constitutional republic.

  • Nicole Young

    Person

    This bill openly defies the US Constitution's full faith and credit clause, transforming California into a rogue state that refuses to recognize the legal authority of its 49 sister states. AB302 empowers California to harbor individuals who violate other states law protecting children from irreversible medical interventions.

  • Nicole Young

    Person

    It allows parents without custody rights to flee to California with children, shielding them from legal consequences by simply claiming the child desires gender interventions prohibited in their home state. This bill instructs California officials to ignore lawfully issued subpoenas and warrants from other states, a direct assault on established Supreme Court precedent.

  • Nicole Young

    Person

    In Baker vs General Motors, the Coat Court explicitly states no state can control courts elsewhere or dictate what evidence is admissible in another state's pursuit of justice. Obligations created under law must be recognized across state lines. Supreme Court has held that states cannot adopt policies that are hostile to other states, acts, statutes and judgments.

  • Nicole Young

    Person

    Where a policy of hostility exists, the full faith in credit clause is more likely to be applied and the hostile state must enforce the laws of its sister states. California's pattern of hostility towards states that protect children from experimental medical interventions is well documented.

  • Nicole Young

    Person

    Our Attorney General has filed amicus briefs in Tennessee, Arkansas, Florida, Oklahoma, Indiana and Alabama, actively working to undermine other states democratically enacted child protection laws. I'm not a powerful lobbyist. I'm just a mom. And what we do in this life echoes into eternity.

  • Nicole Young

    Person

    And my echo will hopefully be the voices of my six children that I am teaching to stand for the truth, even if their voice shakes. What will your echo be? Will it be the butchered and figure bodies of California children that you've sold to the highest bidder? Thank you.

  • Mia Bonta

    Legislator

    Any other witnesses in opposition, please?

  • Mark Farouk

    Person

    Mark Farouk, on behalf of the California Hospital Association, we have an opposed unless amended position to this section of the bill, related patient consent. But we've had productive conversations with the author, her staff and the Committee. Sounds like the amendments that are being taken in a subsequent Committee may address our concerns. We're still evaluating. Appreciate the discussion.

  • Mark Farouk

    Person

    Thank you.

  • Mia Bonta

    Legislator

    Thank you bringing it back to the Committee. Any other #MeToos in opposition? Seeing none. Bring it back to the Committee for any comments or questions. Assembly Member Schiavo.

  • Pilar Schiavo

    Legislator

    I just wanted to, you know, ask if you would like to respond to any of the concerns that were raised. It sounds like you're working with some of the opposition and anything else, you.

  • Rebecca Bauer-Kahan

    Legislator

    Know what, I will let the opposition witnesses statement stand and then yes, you heard we're working with the hospitals. As I said, most of the large hospital systems we spoke to were not in the contractual situation that my small provider was in.

  • Rebecca Bauer-Kahan

    Legislator

    And you know, so really what this bill will do will bring the small providers who don't have the bargaining power when they're making contracts with these big tech companies actually up to the standards of where for those of you, Kaiser and Sutter and other big providers are as it relates to their privacy when they engage with tech companies.

  • Rebecca Bauer-Kahan

    Legislator

    So I think it's an important bill and I think as a result of that, we'll be able to get there with the Hospital Association.

  • Mia Bonta

    Legislator

    Thank you, Assemblymember. And I do think you are raising an issue that is come to light around the intersection with our health care systems and the use of AI. And very clearly we are hearing that there are going to be essentially a pretty significant disparity based on the procurement and buying power of our different health care systems.

  • Mia Bonta

    Legislator

    So I want to thank you for bringing forward this bill and for being very vigilant mother who is able to translate that into a fabulous Legislator. And I know that you're you will continue to address your concerns with protecting medical information from being released for purposes of AI training without the patient's explicit consent.

  • Mia Bonta

    Legislator

    The amendments that the Committee has recommended will actually be passed in judiciary for the sake of time and I look forward to our continued discussions. Mr. Patterson, do you have any comments?

  • Joe Patterson

    Legislator

    No, that's all right. But thank you very much.

  • Mia Bonta

    Legislator

    Thank you. With that, we need a. Would you like to close?

  • Rebecca Bauer-Kahan

    Legislator

    No. So you know I'm going to accept the amendments because I tried to already. And with that I respectfully asked for an Aye vote.

  • Mia Bonta

    Legislator

    Thank you. Krell moves the bill. Seconded by Schiavo. Please call the roll.

  • Committee Secretary

    Person

    The motion is due. Pass to judiciary. [Roll Call]

  • Mia Bonta

    Legislator

    That measure is on call. Thank you. And we do go in file item order. And so Assemblymember Jackson, item number seven, AB220 will be next. And I'm sure you will make sure to give a happy hello to your fellow legislators who have been waiting here for a while.

  • Corey Jackson

    Legislator

    Thank you very much, Madam Chair. I want to thank staff, for your staff for working with us on this Bill which really has to do with very important facilities in our communities.

  • Corey Jackson

    Legislator

    AB220 would require a health facility that provides subacute care services to make sure that they are using a specific criteria in a specific way to be able to submit their billing with a treatment authorization request when seeking authorization for subacute care services.

  • Corey Jackson

    Legislator

    It would prohibit a MediCal managed care plan from developing or using its own criteria to substantiate medical necessity for subacute care. This is a very niche type services that these folks provide. And so I would love to.

  • Corey Jackson

    Legislator

    With me today is Doug Padgett on behalf of Totally Kids Rehabilitation Hospital and Dr. Joseph DiCarlo with Children's Health of Northern California to really speak on the necessity of this Bill and the great services they provide.

  • Doug Padgett

    Person

    Thank you, Dr. Jackson. Chair Bonta, Vice Chair Chen. Thank you Committee for seeing us today. You're taking time to make sure that a mishap delaying care to these needy children gets fixed. This is something that worked and then it didn't. I happened to be involved. Did I say who I was?

  • Doug Padgett

    Person

    Doug Padgett, Totally Kids in helping create pediatric subacute for the State of California back in the early 90s and helped to write the regs and the law that we've been working with for 30 years. And it worked. You would think that medically fragile children and creating medical necessity would be complicated, but it actually isn't.

  • Doug Padgett

    Person

    And it's in law and it's in regulation. And we even created a form, the 6200 form, that just checks it off. If you have these needs, you know, a ventilator tracheostomy needing suctioning every six hours and other things. There's other things involved, but it's one page. And then you.

  • Doug Padgett

    Person

    You bring a few pieces of paper from the chart that backs it up less than 10 pages, and you have 100% success. But as this whole program transitioned over to CalAIM Managed Care, the instructions and guidance that was merely guidance was not listened to. So the insurance companies thinking, we've got to redesign the wheel. Redesign the wheel.

  • Doug Padgett

    Person

    Three things happened. I attend every meeting on Tuesdays on the admissions that come in. All of a sudden, delays, delays. Children were being delayed coming in. Second thing happened. I reviewed the financial reports and found out that our receivables went up $1.0 million in six months.

  • Doug Padgett

    Person

    Then I walked by the copy machine as the case manager was copying 3 inches of paperwork to send when we used to use 10. And this is all because the insurance companies, the MCPS, did not take the guidance I was privileged to be. I was brought with dhcs to help teach the insurance companies last October.

  • Doug Padgett

    Person

    Again, we gave guidance, but there was no accountability to those insurance companies. Now, I could mention Nevaeh and William and Nancy, those aren't their real namest that I watched delayed 32 days, delayed three months, delayed six weeks, sitting in NICU waiting to come to our pediatric subacute facility, all because the insurance companies didn't use the form.

  • Doug Padgett

    Person

    So we're asking you, please, just help us bring accountability in this one Little area. There's 130 of us subacutes in the state, so it's not small. Our little facility saves the State of California 150 million a year. Thank you.

  • Joseph DiCarlo

    Person

    I'm Joseph DiCarlo. I'm the medical director at another subacute facility in Northern California. And subacute's an unusual segment, frequently understood, misunderstood. It's for patients not sick enough to be in the hospital anymore, but too sick to be in a nursing home or at home.

  • Joseph DiCarlo

    Person

    And I think the most important piece of that puzzle is that these people are already hospitalized. So a delay in their acceptance to a subacute isn't somebody coming from home. It's somebody being charged many, many more times than what it cost to be in our facility than ours.

  • Joseph DiCarlo

    Person

    So being in that NICU, for instance, might cost $10,000 a day. And in the subacute, it's 1/7 of that or 1/10 of that. And so a delay in authorization actually is extremely expensive, usually for the State of California.

  • Joseph DiCarlo

    Person

    So without a standard, with a clear standard, without a gatekeeper admission, gatekeeping can be interpreted in all sorts of ways, especially in children, because there's not that many of them, but they are extremely complex. At a given county, we'll have zero or one or two or kids in facilities, period.

  • Joseph DiCarlo

    Person

    So they may not be faced with a patient like this for six months or a year. And then they have to review this extremely complex patient, who's very different than last year's extremely complex patient. We had a very simple system, one page checklist, very easy to use. And Doug's in Southern California.

  • Joseph DiCarlo

    Person

    In Northern California, most of the counties actually figured this out pretty quickly. One didn't, and it caused us the delays similar to what Doug has described. But as I said, a given county may have no patients for two years, and then the third year they have to relearn the whole process.

  • Joseph DiCarlo

    Person

    We had it simple before, so standardization is the obvious solution. We did it before. We should be able to. I think we should have it mandated if possible, because it actually works. And we've proven that it works. It's humane for the patient, good for the family, and extremely cost efficient for the state.

  • Mia Bonta

    Legislator

    Thank you. Are there any other me-toos in support.

  • Kevin Guzman

    Person

    Kevin Guzman with the California Medical Association in support.

  • Yvonne Choong

    Person

    Yvonne Chung with the California Association of Health Facilities and support.

  • Connie Delgado

    Person

    Good afternoon, Madam Chair. Members. Connie Delgado on behalf of the District Hospital Leadership Forum and support.

  • Dixie Samaniego

    Person

    Good afternoon. Dixie Samaniego on behalf of the California Alliance of Child and Family Services and support.

  • Mia Bonta

    Legislator

    We are doing. Any witnesses in support. Any primary witnesses in opposition to the Bill. Any me toos in opposition? Seeing none. I will bring it back to the Committee for comment or question. Thank you. Assemblymember Krell. Seconded by Sanchez. Assembly Member. You may close.

  • Corey Jackson

    Legislator

    I ain't saying nothing else. I respectfully ask for an aye vote with that.

  • Mia Bonta

    Legislator

    We have a motion in a second. Secretary please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Mia Bonta

    Legislator

    That measure is out. Thank you. We're going to move on now to item number 20. She's not here anymore. Item number 32. Sorry. Okay. Item number 32. AB 1328. Michelle Rodriguez. Quick, quick, quick, quick, quick, quick. Before anyone else comes in. Moved by Chen. Seconded by Sanchez. Assembly Member. Please go ahead.

  • Michelle Rodriguez

    Legislator

    Thank you, Chair and Members. I also want to take. Take the opportunity to thank the Committee for working on this bill with my staff. Medi Cal was enacted in 1966 to provide medical services for our children and adults with limited income and resources.

  • Michelle Rodriguez

    Legislator

    In the most recent data released In November of 2023, it was reported that nearly 15 million Californians are enrolled in Medi Cal and around 38% of the state's population. When transporting a Medi Cal patient, private ambulances are paid through an established and set rate, roughly 110 per transportation. This rate has not been increased since 1999.

  • Michelle Rodriguez

    Legislator

    It's estimated that the private ambulance providers lose 165 million annually due to below cost reimbursement rates set by Medi Cal Program.

  • Michelle Rodriguez

    Legislator

    AB 1328 would require the Medi Cal fee for service reimbursement rates for non emergency ambulance transports and for inter facility ambulance transports to be 100% of the amount set forth in the federal Medicare ambulance fee schedule for the appropriate level of service. Build to ensure that Medi Cal patients can receive the transports they often desperately need.

  • Michelle Rodriguez

    Legislator

    AB 1328 aims to raise the reimbursement rate for an industry that has been hurting for over two decades. To testify here today, I have Sean Sullivan, CEO of Life West Ambulance and Dr. David Duncan, former Director of Calimsa.

  • Mia Bonta

    Legislator

    Thanks. You'll each have two minutes.

  • Sean Sullivan

    Person

    Thank you, Madam Chair. Thank you. Members of the Health Committee. My name is Sean Sullivan. I am an EMT. I'm a leader of a regional ambulance service, and I also am on the board of directors with the California Ambulance Association.

  • Sean Sullivan

    Person

    Our Association represents about 3/4 of the licensed ambulances in the State of California and tens of thousands of EMTs, paramedics and nurses. As assemblywoman has shared, the services that we provide are critical, but we also do work with evacuations.

  • Sean Sullivan

    Person

    So recently in the fires that happened down south, all of those evacuations were performed by private ambulance services as municipal providers are often dealing with 911 emergencies or fire suppression. There are two basic ambulance services, 911 services, which I think everybody's familiar with.

  • Sean Sullivan

    Person

    When you call 911, an ambulance responds and there's inter facility ambulance services, and that is moving patients in between healthcare facilities and hospitals. And as our health care has evolved and developed, that is more and more important each day, as there are specialty care centers, as there are reasons to move patients between those two facilities.

  • Sean Sullivan

    Person

    As was shared, our funding unfortunately has not been addressed in a long time. And Unlike our emergency 911 counterparts who have seen funding enhancements in the last couple of years, we unfortunately have not. So that is why we're here today. In support of this Bill, Dr. Duncan is going to talk about the impact to patients.

  • Sean Sullivan

    Person

    I really want to focus on the impact to providers. Many EMTs go on to become paramedics and nurses and physicians and actually work in the State Assembly. And so it's an important place for people to enter the profession of health care and of leadership.

  • Sean Sullivan

    Person

    And as we are today, with the funding that we don't have, we're not able to pay a wage that is commensurate with somebody who does the work. Clearly, labor represents the majority of our costs, and so this is a significant opportunity for us.

  • Mia Bonta

    Legislator

    Thank you.

  • Dave Duncan

    Person

    Good afternoon, Madam Chair and Assembly. I'm Dr. Dave Duncan. I've been an emergency physician for more than 30 years, and I was the prior Director of the State EMS Authority for California.

  • Dave Duncan

    Person

    During my tenure as an emergency physician and Director, I've had the pleasure of managing thousands of these inter facility, or as we call IFT type patients throughout California. I can affirm these patients are the most complex and resource intensive patients that we see in our small emergency departments throughout the state.

  • Dave Duncan

    Person

    And I'd like to offer a few key takeaways as we move forward and think about this. And the impact one, we can't take care of these patients in small emergency departments. They have to be transferred to definitive care in larger hospitals with appropriate resources. Oddly, this IFT space falls outside of the 911 system.

  • Dave Duncan

    Person

    When we call 911, we get an ambulance. If I, as an emergency physician, call for an IFT in my emergency Department, I may or may not get a transport for these patients timely or at all. This leaves a huge gap in care. This IFT space is not reimbursed appropriately.

  • Dave Duncan

    Person

    It hasn't, as mentioned, had an increase in rates since the late 90s. The costs don't even cover the cost of the transport to move the patient. That said, these patients get stuck in small emergency departments, we can't move them out. That's detrimental to the entire healthcare system. And in these small rural spaces, we're stuck with patients.

  • Dave Duncan

    Person

    That impacts the emergency departments, decreases access to emergency and hospital care, and it ends up increasing the risk of these hospital systems for failure and closure as they're already at markedly increased risk. So thank you for your consideration.

  • Mia Bonta

    Legislator

    Thank you. Are there any others in support of this bill? Please come forward and state your name, affiliation and position on the bill.

  • Unidentified Speaker

    Person

    Hello, my name is Grady. I work for Pro Transport 1 and I support this bill.

  • Matt Burrell

    Person

    Hello. My name is Matt Burrell, the Chief Operations Officer of Alpha One in Sacramento. And I fully support the bill.

  • James Pearson

    Person

    Good afternoon. James Pearson, President or CEO of Medic Ambulance Service, and we support this bill.

  • Rahmat Sahi

    Person

    Hello. Rahmat Sahi, Executive Vice President, NorCal Ambulance, and I support this bill.

  • Nick Koibian

    Person

    My name is Nick Koibian, Lead Supervisor, Alpha One Ambulance, and I support this bill.

  • Eddie Stamp

    Person

    Eddie Stamp, regional account manager, NorCal Ambulance. I support this bill.

  • Alistair Lavin

    Person

    Alistair Lavin with Norcal Ambulance, and I support this bill.

  • Alexander Armadarez

    Person

    Alexander Armadarez. I'm a Communications Manager and I support this bill with Norcal Ambulance.

  • Nick Scher

    Person

    My name is Nick Scher. I'm a Station Manager with Norcal Ambulance. I support this bill.

  • Joshua Lovejoy

    Person

    My name is Joshua Lovejoy with American Ambulance of Visalia. I'm the Operations Manager and I support this bill.

  • Eve Price

    Person

    My name is Eve Price. I'm Operations Manager with American Ambulance of Visalia and I support this bill.

  • Timothy Madden

    Person

    Tim Madden, representing the California chapter of The American College of Emergency Physicians in support.

  • Mike Dawood

    Person

    Mike Dawood, Operations Supervisor for Medic Ambulance Sacramento, and I support this bill.

  • Lisa Curley

    Person

    Lisa Curley, Operations Manager for Medic Ambulance. Sacramento, and I support this bill.

  • Steve Grau

    Person

    I'm Steve Grau. I'm President Elect, California Ambulance Association and I support this bill.

  • Mia Bonta

    Legislator

    Any primary witnesses in opposition to the bill, please come forward. Any #Metoos in opposition to the bill. Seeing none, I'll bring it back to the Committee for question or comment. This bill has been moved and seconded. Assemblymember, I want to thank you.

  • Mia Bonta

    Legislator

    I also want to clarify that you are taking the amendments to apply rate increase to medical managed care plans. Yes. Thank you. And I want to note that Medi Cal rates in this area are are much, much lower than Medicare and an increase here seems long overdue.

  • Mia Bonta

    Legislator

    I want to thank you for being such a champion for our first responders in this way. Please close.

  • Michelle Rodriguez

    Legislator

    Thank you. And I respectfully ask for an Aye vote.

  • Mia Bonta

    Legislator

    Thank you. Please call roll.

  • Committee Secretary

    Person

    The motion is do pass as amended to appropriations. [Roll Call]

  • Mia Bonta

    Legislator

    That measure's on call. Thank you. We're going to move on now to Assembly Member Dixon, item number 33, AB 1356. Moved by Chen, seconded by Sanchez. Please go ahead.

  • Diane Dixon

    Legislator

    Thank you. Good afternoon, Chair, and all of you. I would like to thank the Chair and her staff for working so diligently with my office on drafting the Committee amendments. I am pleased to accept the Committee amendments on Assembly Bill 1356. Under existing law, when there is a death of a resident within a drug and alcohol recovery program at a licensed facility, the California Department of Health Care Services is required to investigate and write a report on the incident.

  • Diane Dixon

    Legislator

    As part of the investigation, the facility where the death occurred is required to provide DHCS with a description of the event and incident, including the time, location, and nature of the event or incident. The facility is also required to provide DHCS with a list of the immediate actions that were taken, including persons contacted and a description of the follow up action that is planned, including, but not limited to, steps taken to prevent a future death.

  • Diane Dixon

    Legislator

    Despite the requirement for such facilities to provide the Department with information in the immediate aftermath of a death of a resident within the facility, there is no statutory requirement for these facilities to provide any subsequent reports in the aftermath of the incident.

  • Diane Dixon

    Legislator

    AB 1356 will require a facility which offers a drug and alcohol program to do two things. First, to submit within 60 days of the initial incident any relevant information that was not known at the time of the initial incident or was not known but was not provided to the Department in the initial report.

  • Diane Dixon

    Legislator

    Second, if any deficiencies are identified in a facility's response to the death of a resident, the facility will be required to submit a report detailing any follow up actions that were implemented in response to the DHCS communications. AB 1356 is a common sense solution to strengthen DHCS's death investigation policy.

  • Diane Dixon

    Legislator

    Provide the Department with the necessary information to properly regulate and oversee facilities which offer drug and alcohol programs and improve the safety of those residents within the facilities who are receiving treatment. I have with me Brianna Zweben, who will be speaking in support of AB 1356.

  • Mia Bonta

    Legislator

    Thank you. You'll have two minutes.

  • Brianna Zweben

    Person

    My name is Brianna Zweben, lead investigator at Jarrods Law. Today I speak not just as an investigator, but as someone who lost their beloved partner to a preventable tragedy. John McLister walked into Asana Recovery on April 3, 2021 a hero, with hope in his heart, seeking a chance at a new life and fighting for his future.

  • Brianna Zweben

    Person

    Instead, he became another victim of a system that prioritizes profit over human life. The evidence is both clear and devastating. Medical records and toxicology results confirm required medications were never administered. Critical surveillance footage contained unexplained gaps during vital moments. Emergency medical response was intentionally delayed as documented.

  • Brianna Zweben

    Person

    Expert testimony from Dr. Mario San Bartolome confirms John's death was entirely preventable. AB 1356 would strengthen our current death investigation policy in three crucial ways. Maintaining the crucial 24 hour telephonic report requirement, ensuring immediate notification of deaths, preserving the seven day written report mandate that details the initial investigation findings.

  • Brianna Zweben

    Person

    Most importantly, adding a new 60 day comprehensive follow up report requirement that would document the actual implementation of promised corrective actions, reveal new information discovered during extended investigation, and ensure disclosure of any details known but not initially reported.

  • Brianna Zweben

    Person

    Had this law been in place, Asana Recovery would have been required to detail their complete action plan to prevent future deaths, document the implementation of that plan, and disclose all information about John's death, including details that emerged in subsequent investigations. Since John's death, our investigations have revealed a pattern of negligence at Asana Recovery with multiple victims coming forward.

  • Brianna Zweben

    Person

    Each story echoes the same systemic failures that took John's life. The 60 day reporting requirement would create a crucial window of accountability, preventing facilities from making empty promises of reform that are never implemented. John's intake paperwork stated his simple goal, get through withdrawals safely. The facility failed this basic promise.

  • Brianna Zweben

    Person

    Today his children are forced to grow up without their father, a devastating consequence of inadequate oversight. I urge you to pass AB 1356, not just for John, but for every victim whose story I've uncovered and, tragically, for those whose stories we may never know. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Are there any other witnesses in support? Please come forward.

  • Nicole Wordelman

    Person

    Nicole Wordelman on behalf of the Orange County Board of Supervisors in support.

  • Mia Bonta

    Legislator

    Thank you. Are there any witnesses in opposition? Seeing none. Any me toos? Seeing none. I'll bring it back to the Committee. I first thank the witness for bringing forward the story and the experience of John McSwan. And I want to thank you for sharing that with us.

  • Mia Bonta

    Legislator

    Assembly Member, I know that this has been an area where you are very passionate about, and I appreciate you taking the time to talk with me about this bill and your intentions to be able to create policy in this area. With that, are there any other questions from the Committee Members? I'd ask you to close.

  • Diane Dixon

    Legislator

    Respectfully ask your support with an aye vote. Thank you.

  • Mia Bonta

    Legislator

    Thank you, Assembly Member. We do have a motion and a second. Just to clarify, are you accepting the amendments of the Committee?

  • Diane Dixon

    Legislator

    Yes, definitely. Yes.

  • Mia Bonta

    Legislator

    Thank you. With that, Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is do pass as amended to Appropriations. [Roll Call]

  • Mia Bonta

    Legislator

    That measure is on call. Assemblymember. Thank you. Thank you. We are going to move now to item number 17, AB592. Gabriel. Thank you. Assemblymember.

  • Jesse Gabriel

    Legislator

    Thank you very much. Good afternoon, Madam Chair and colleagues. I am pleased today to present AB592, a measure that will support California's neighborhood restaurants by ensuring that outdoor dining remains a viable option for restaurants across the state. Neighborhood restaurants are the backbone of communities across California, but too many are continuing to struggle.

  • Jesse Gabriel

    Legislator

    After enduring unprecedented challenges during the pandemic, these beloved small businesses are now grappling with major challenges from inflation and other cost pressures. AB592 will support California's restaurants by reducing red tape and enabling restaurants to leverage our state's exceptional climate.

  • Jesse Gabriel

    Legislator

    In particular, this bill will extend regulatory flexibility granted during the pandemic, which allowed for greater outdoor and patio dining. The bill will also allow restaurants with open kitchens to operate with open windows and doors. With this flexibility, restaurants can create a more inviting and open air atmosphere as part of the overall dining experience.

  • Jesse Gabriel

    Legislator

    In so doing, this bill will help keep our beloved neighborhood restaurants afloat and assist them on the road back to recovery. This bill is supported by a robust coalition that includes the Los Angeles County Business Federation, the the California Travel Association, local restaurants and hospitality coalitions, business councils and chambers of commerce.

  • Jesse Gabriel

    Legislator

    I'm pleased to have with me today to testify in support of the bill. Silvio Ferrari here on behalf of Hardscale Eats and Brittany Vallejes, an entrepreneur from Los Angeles, thank you and respectfully request your aye vote.

  • Mia Bonta

    Legislator

    Thank you. You'll each have two minutes.

  • Silvio Ferrari

    Person

    Yeah. Good afternoon Madam Chair Member Silvio Ferrari here on behalf of a group of restaurants under the Hard Scale Eats brand, here in strong support. Big thank you to the author for taking this on and the many co authors that also signed on in support. You know, at Hard Scale Eats, their mission is simple.

  • Silvio Ferrari

    Person

    It is provide exceptional food with vibrant and welcoming open atmospheres that bring people in and keep them wanting to come back to enjoy what we have to offer.

  • Silvio Ferrari

    Person

    And while we feel like we knock it out of the park all the time on the food, providing that exceptional atmosphere is not always easy because we cannot do some of the simple things to bring the atmosphere and the climate indoors. And you guys all live in California and you know just how exceptional the climate is here.

  • Silvio Ferrari

    Person

    So it is almost tragic that we can't at times blend those two things and bring them together and have really the kind of exceptional what is felt it, you know, around the world, what is felt in in places like Hawaii and Florida and many others. So we think this is just a good common sense bill.

  • Silvio Ferrari

    Person

    Again, thanks for the author and all the additional supporters on it and we would just urge your Aye vote. Thank you.

  • Brittney Valles

    Person

    Good afternoon Members. My name is Brittany Valles and I'm the owner of Gorilla Tacos in Los Angeles and a co founder of Regarding Her and the Independent Hospitality Coalition. Gorilla Tacos started as a food truck and we grew because our people like to eat outdoors on the streets of LA.

  • Brittney Valles

    Person

    Today I'm here in strong support of AB592, a bill that can make the difference between the surv closure of many restaurants across California. Since the Covid 19 pandemic, the landscape for restaurants has drastically changed, not just economically, but also how we're expected to operate. The industry that I once fell in love with no longer exists.

  • Brittney Valles

    Person

    Between skyrocketing inflation, rising labor costs and an ever growing list of regulatory burdens, it's become nearly impossible for a small independently owned restaurant to keep keep up. Every customer deserves to feel confident that the food that they eat is prepared safely and that health and safety standards are always abided to.

  • Brittney Valles

    Person

    However, there must be room for flexibility, especially for independent operators who don't have the same resources as national chains. One size fits all rules often creates an unequal playing field, unintentionally penalizing independent operators.

  • Brittney Valles

    Person

    We live in a state with the best weather in the world, and we shouldn't allow the bureaucracy to prohibit our incumbent, our customers, from enjoying the weather. And there are some days so beautiful that it should be crime not to allow us to open the windows.

  • Brittney Valles

    Person

    AB592 simply recognizes that smart, localized flexibility can help small restaurants remain compliant without being crushed by red tape. It empowers us to innovate, to adjust to our unique environment, and to make decisions that work for our customers and our staff.

  • Brittney Valles

    Person

    Although my restaurant is currently closed, I'm here because I still believe in the power of a neighborhood restaurant and I know what they mean to our communities. We often hear from our electives how our businesses are the backbone of our communities and supporting AB592 is a way to show us that. Thank you.

  • Mia Bonta

    Legislator

    Are there any other witnesses in support.

  • Ross Buckley

    Person

    Good afternoon Chair, Members. Ross Buckley on behalf of Sacramento Mayor Ken Mccarty and support.

  • Norland Asbrick

    Person

    Madam Chair, and Members. Norland Asbrick with Axiom Advisors I'm registering support for the following Restaurants and organizations Bavel Restaurant, Bastia Restaurant, HIHO, John and Vinny's, Matu, Rosa Blue, Rustic Canyon, Saffies, Super Fine Playa, Sushi Nozawa, UVO, Steadfast Los Angeles and the office of Los Angeles County Supervisor Lindsey Horvath. Thank you.

  • Matthew Sutton

    Person

    Thank you Madam Chair and Members. Matt Sutton with the California Restaurant Association in strong support as well. Thank you.

  • Carol Gonzalez

    Person

    Good afternoon. Carol Gonzalez on behalf of Inclusive Action for the City and support. Thank you.

  • Sumaya Nahar

    Person

    Sumaya Nahar on behalf of the California Travel Association and support.

  • Unidentified Speaker

    Person

    Yucas Restaurants and Los Feliz Village Business Improvement district in support.

  • Alec Mesropian

    Person

    Alec Mesropian on behalf of the Los Angeles County Business Federation and strong support thank you.

  • Mia Bonta

    Legislator

    Thank you. Are there any witnesses in opposition? Any #metoos in opposition? Seeing none. I will bring it back to the Committee for comment or question. Assembly Member Schiavo.

  • Pilar Schiavo

    Legislator

    I just want to say thank you to the author happy to co author this bill if we work together in this space and I really appreciate your leadership to make sure that restaurants are able to operate in a way that everyone, especially in LA, really wants to see happen and allows them to do it in a way that's not restrictive or overly burdensome and unaffordable.

  • Pilar Schiavo

    Legislator

    So appreciate your work here.

  • Jesse Gabriel

    Legislator

    Thank you. And thank you for all of your leadership on this issue in the past.

  • Mia Bonta

    Legislator

    Do you have a motion and a second? Motion by Schiavo. Seconded by Rogers. Thank you Assembly Member. Please go ahead and close.

  • Jesse Gabriel

    Legislator

    Thank you very much Madam Chair and I have fond memories of being with you. I believe it was Kingston 11 in Oakland when the Governor signed the original version of this bill. So thank you for your work on this bill and respectfully request an Aye vote.

  • Mia Bonta

    Legislator

    What a fond memory. We have a motion and a second. Please call the roll.

  • Committee Secretary

    Person

    The motion is due. Pass to appropriations. [Roll Call]

  • Mia Bonta

    Legislator

    That's on call. Thank you so much.

  • Jesse Gabriel

    Legislator

    Thank you so much.

  • Mia Bonta

    Legislator

    Now to item number 29, AB 1242 by Nguyen. Oh, I'm so sorry. So, so sorry. Ms. Calderon is back, so we are going to move on to item number 21, AB835. Calderon.

  • Mia Bonta

    Legislator

    Thank you.

  • Lisa Calderon

    Legislator

    Thank you. Good afternoon, Madam Chair and Members. AB 835 removes the network care provider requirement for skilled nursing facilities, also known as SNFs, who are participating in the Workforce and Quality Incentive Program. Established in 2022, the Workforce and Quality Incentive Program provides state payments to in network skilled nursing facilities that serve our most vulnerable communities across California. Skilled nursing facilities lose out on this funding if they are not in network based contracts with the Medi-Cal Managed Care Plan, which is contrary to federal law.

  • Lisa Calderon

    Legislator

    This misalignment has made it challenging to determine which skilled nursing facilities are eligible for program payments, causing delayed payments to these facilities. AB 835 remedies this problem by aligning state law with federal law removing the in network requirement. This bill also retroactively compensates skilled nursing facilities who were considered out of network as of July 9, 2024.

  • Lisa Calderon

    Legislator

    AB 835 will strengthen our healthcare infrastructure and improve access to care. With me in support of AB 835 is Yvonne Choong, the Vice President for Policy with the California Association of Health Facilities, and Amber King, the Vice President of Legislative Affairs for LeadingAge California.

  • Mia Bonta

    Legislator

    Thank you. You'll each have two minutes.

  • Yvonne Choong

    Person

    Good afternoon. Yvonne Choong with the California Association of Health Facilities. We represent close to 900 skilled nursing facilities in California. They provide rehabilitation and long term care, skilled nursing care, mostly to Medi-Cal and Medicare beneficiaries, so we are largely government funded. I just wanted to provide a little more detail about the WQIP program.

  • Yvonne Choong

    Person

    As Assembly Member Calderon said, AB 835 removes the requirement that Medi-Cal providers be network providers in order to be eligible for quality payments. We call them WQIP payments. So under existing law back in 2023, about $280 million is allocated each year in the budget for these quality payments.

  • Yvonne Choong

    Person

    Eligible SNFs must be in a formal contract with the managed care plan and they have to meet specified quality measures. If they are not in contract, they get paid for the basic service, but they're not eligible to earn the additional quality payment, which is a critical source of funding for providers.

  • Yvonne Choong

    Person

    So the reason why sometimes providers are not in contract with plans, there are, you know, it's not for lack of trying. In some cases, as many of you may know, when a resident needs to be placed quickly in a skilled nursing facility, they need to be placed within a matter of days.

  • Yvonne Choong

    Person

    The contract, the formal contracting process with the plan can take up to six months. So sometimes there's just not time for a facility to get into contract with a plan in that time. In addition, if a resident is coming from out of county, a facility might have contracts with the plans that operate in their county, but not with plans that operate outside of their county. So they just might not get paid.

  • Yvonne Choong

    Person

    Another possibility is that some plans just choose not to enter into contracts because they prefer to use what they call letters of agreement, which provides more of kind of a temporary situation where the provider gets paid. But, again, they don't get the funding. So, with the quality payments.

  • Yvonne Choong

    Person

    So the contracting requirement that was originally included in statute was included because the Department and the administration felt that that was the federal government's directive is that providers needed to be in contract in order to be eligible for these directed payments.

  • Yvonne Choong

    Person

    CMS has since issued subsequent rules that basically clarify that says they do not need to be in network in order to be eligible for these payments. So we ask that AB 835 be passed and this will conform state law to federal law and it will ensure that SNF providers will receive the payments to which that they are entitled to. Thank you.

  • Amber King

    Person

    Thank you, Madam Chair and Members. Amber King with LeadingAge California representing nonprofit providers of care services and housing for older adults, including skilled nursing facilities. Pleased to be supporting AB 835 today for our nonprofit skilled nursing facilities that are participating in the WQIP program but may not have contracts in place with all of the managed care plans.

  • Amber King

    Person

    Many of our providers provide high quality of care and are financially disadvantaged by the current requirement. As the demographics of older adults are rapidly increasing, it is important for skilled nursing facilities to have all of the appropriate resources in place to continue providing care to this population. Thank you.

  • Mia Bonta

    Legislator

    Any others in support? Any primary witnesses in opposition? Me toos in opposition? Seeing none. I will bring back to the Committee for any questions or comments. Moved by Rogers, seconded by Carrillo. And Assembly Member, I appreciate you bringing this bill forward and for wanting to make sure that we not penalizing our skilled nursing facilities for contracting delays or for serving patients who may not be enrolled in certain plans.

  • Mia Bonta

    Legislator

    I also want to just ensure that you continue to work with DHCS to make sure it's feasible to implement these changes retroactively. I know that that will be a concern and that we are building out a very robust network of providers to serve our Medi-Cal enrollees. So also continue to please work with DHCS to make sure that other stakeholders are involved so that we're not discouraging our facilities from contracting. With that, would you like to close?

  • Lisa Calderon

    Legislator

    Yes. Thank you, Madam Chair. And we will be meeting with DHCS to talk about the retroactive piece of the bill. And I appreciate your comments and respectfully ask for an aye vote.

  • Mia Bonta

    Legislator

    Thank you. We have a motion and a second. Please call the roll.

  • Committee Secretary

    Person

    The motion is do pass to Appropriations. [Roll Call]

  • Mia Bonta

    Legislator

    That measure's on call. Thank you. We're going to move now to item number 28, AB 1088, Bains. Please go ahead whenever you're ready.

  • Jasmeet Bains

    Legislator

    Thank you, Chair and Members. I have AB 1088. Kratom, which is a herb derived from a leafy tree native to Southeast Asia, has seen a dramatic surge in popularity across the United States. Use in the United States increased tenfold between 2010 and 2015, and this trend has only accelerated.

  • Jasmeet Bains

    Legislator

    An estimated 1.7 million Americans age 12 and older used kratom in 2021 alone. In California, these products are widely available at gas stations, convenience stores, and online retailers with absolutely no oversight or restrictions. Kratom contains two potent alkaloids, mitragynine and 7-hydroxymitragynine, known as 7-OH, which act as a partial agonist on the mu opioid receptor.

  • Jasmeet Bains

    Legislator

    At low doses, kratom produces stimulant effects, while at higher doses it mimics opioids. While traditional kratom leaf has been used for centuries in Southeast Asia, we're now seeing the proliferation of concentrated extracts and synthesized derivatives that pose significant public health risks.

  • Jasmeet Bains

    Legislator

    Medical literature documents that kratom use can lead to respiratory depression, seizures, liver toxicity, and the development of substance use disorder. The Food and Drug Administration has documented numerous deaths associated with kratom, particularly when combined with other substances. Of particular concern is the rise of highly concentrated 7-OH products.

  • Jasmeet Bains

    Legislator

    This semisynthetic alkaloid concentrate is far more potent than traditional kratom and poses enhanced risk risk for addiction and adverse health outcomes. AB 1088 represents a measured first step towards responsible regulation. This bill would prohibit the sale of kratom leaf, kratom products, or any product containing 7-OH to individuals under 21 years of age.

  • Jasmeet Bains

    Legislator

    Require these products be sold in child resistant packaging, ban the use of marketing techniques that target or appeal to children, and limit the concentration of 7-OH in these products to no more than 2%. The neuroscience, the neuroscience is unambiguous. The human brain continues developing into the early twenties.

  • Jasmeet Bains

    Legislator

    Exposure to substances with central nervous system effects during this critical period can interfere with proper development and increase the risk of substance use disorders later in life. Setting the minimum age at 21 aligns our policy with our approach to other substances like alcohol and tobacco, creating a consistent public health framework.

  • Jasmeet Bains

    Legislator

    This is particularly important given kratom's dual stimulant and opioid like properties. Additionally, current packaging and marketing practices are deeply concerning. These products are often packaged in ways that appeal to children, using cartoons, bright colors, and candy like presentations.

  • Jasmeet Bains

    Legislator

    In many cases, they are literally sold alongside candy at gas stations and convenience stores where any child is able to buy and consume them. AB 1088 would prohibit such practices requiring child resistant packaging and banning marketing strategies that target young people.

  • Jasmeet Bains

    Legislator

    Finally, the 2% limit on the concentration of 7-OH ensures products maintain the natural ratio of 7-OH that occurs in the kratom plant. While kratom has been used for centuries, new products have entered the market in recent years that isolate and concentrate 7-OH at artificially high levels. The poppy plant was just a plant until its extracts were isolated and concentrated into morphine, codeine, and heroin. Morphine, for example, naturally exists at roughly an 8 to 17% concentration in the raw plant.

  • Jasmeet Bains

    Legislator

    It was not until chemical separation was invented that people began to isolate morphine from the dozens of other alkaloids present in poppies to create pharmaceutical product we know today. The isolation and concentration of 7-OH from the kratom plant is a similar process that raises the same risk of making high potency products available without regulation or oversight. We must establish a threshold that stops stronger and stronger products from coming to market. AB 1088 represents a thoughtful science based approach to a growing public health challenge. With me in support, I am joined by Ryan Sherman.

  • Mia Bonta

    Legislator

    Thank you. You'll have two minutes.

  • Ryan Sherman

    Person

    Thank you, Madam Chair and Members. Ryan Sherman with the California Narcotic Officers Association. We're in strong support. Echo the comments of the Assembly Member, and it's been a long day, so I'll just leave it at that. Happy to answer any questions.

  • Mia Bonta

    Legislator

    Thank you. Any others in support of the bill, please come forward. Any opposition to the bill as primary witnesses? Thank you. You'll each have two minutes.

  • Jackie Subeck

    Person

    Thank you. Good afternoon, Chair Bonta, Vice Chair Chen, and fellow Committee Members. My name is Jackie Subeck. I'm a drug policy advocate representing 7-HOPE Alliance, a nonprofit for science and public education on 7-Hydroxymitragynine, or 7-OH.

  • Jackie Subeck

    Person

    Although kratom leaf products have been around for over a decade, 7-OH only arrived in the marketplace in the summer of 2023, so it's still very new. But published science shows that 7-OH does not cause respiratory depression or have a lethal dose. This is a story about health, jobs, and economics. The kratom plant, which has approximately 45 natural chemicals or alkaloids, has been used by humanity for thousands of years as a harm reduction tool to alleviate pain and increase productivity.

  • Jackie Subeck

    Person

    Customers today express the very same results, many saying that if 7-OH was banned, they would inevitably end up back on fentanyl, heroin, alcohol, and would probably die as a result. We do not want this to happen. The 2% cap proposed in this bill is completely arbitrary.

  • Jackie Subeck

    Person

    It's a dangerous loophole and it only serves one side of the industry attempting to shut down the competition. We are spending hundreds of thousands of dollars right now to research from toxicology to metabolic safety studies. You do not yet have enough information to justify a non-science based percentage cap. Let's let the results speak for themselves.

  • Jackie Subeck

    Person

    7-OH is a 2 billion dollar industry, with roughly 20% of that right here in California. Putting a de facto ban on 7-OH eliminates local jobs and benefits, undercuts a growing sector of small businesses, drives the market underground, pushes consumers to more dangerous alternatives, and reduces tax revenue. We look forward to working together with the author to bring forth a set of reasonable regulations that serves to protect all Californians. With respect, please oppose AB 1088 today. Thank you.

  • Mia Bonta

    Legislator

    Thank you. You'll have two minutes.

  • Terry Blevins

    Person

    Madam Chair, my name is Terry Blevins. I'm a former local and federal law enforcement officer. I have dedicated my entire life to protecting communities. Through my years of advocacy at the Law Enforcement Action Partnership, LEAP, I developed expertise in drug policy and harm reduction. Now I speak out for sensible drug laws that actually make our communities safer.

  • Terry Blevins

    Person

    That's why I must oppose AB 1088 and its 2% scheme, as it will provide opportunities for bad actors to put dangerous products on the market and would be extremely difficult and costly to enforce. Such a ban also reduces patient and consumer access to a product that shows promise as a harm reduction tool for addressing addiction.

  • Terry Blevins

    Person

    I understand why some law enforcement groups have concerns and might believe that this 2% limit could create safer products. But that is just not the case. The science is still out, and we must not rush into a ban that is premature. Well crafted harm reduction policies are based on research and take substantial time and attention to get right. As an officer working the streets, I saw how drug prohibitions don't actually reduce demand, but instead drive consumers to the illicit market and in turn make our communities much less safe.

  • Terry Blevins

    Person

    In law enforcement, we have been focused on rebuilding our relationships with marginalized communities, and a reactionary ban that isn't based on science or truly on safety would just serve to further erode those fragile relations. For these reasons, I respectfully encourage you to oppose AB 1088 as amended when you are called to vote.

  • Mia Bonta

    Legislator

    Any others in opposition? Please come forward. State your name, position on the bill.

  • Rand Martin

    Person

    I didn't mean to cut you off. Madam Chair and Members, Rand Martin on behalf of the Holistic Alternative Recovery Trust, or HART, which is actually an organization that's dedicated to promoting 7-OH, in strong opposition to this bill. Thank you.

  • Jessica Lawless

    Person

    Hi. Good afternoon. My name is Jessica Lawless, and I live with Crohn's disease, and I'm a regular 7-OH user. And I strongly oppose this.

  • Mia Bonta

    Legislator

    Thank you. Bring it back to the Committee now for any comments or questions. Moved by Carrillo, seconded by Gonzalez. Assembly Member, I was on Public Safety Committee and the Budget Subcommittee when I got to hear first your concerns and warnings about kratom as a practitioner, as a doctor, and as somebody who has long worked in the field of addiction medicine.

  • Mia Bonta

    Legislator

    So I want to thank you for bringing forward this bill. I know that you are endeavoring to ensure that we're protecting our children from kratom products. I want to just remember for everybody in this hearing room that this bill largely applies to people under 21 years old.

  • Mia Bonta

    Legislator

    And I really want to appreciate the information that you offered about the impact of on the developmental, cognitive developmental abilities of our children when they are taking drugs that might change their ability, their brain development. So with that, would you like to close?

  • Jasmeet Bains

    Legislator

    Yes. Thank you, Madam Chair, for your comments on that. We're protecting our children. This is exactly what you said. For kids under the age of 21. Kratom 7-OH does act on the mu receptor, so it can absolutely cause respiratory depression. As a doctor, I think I understand a little bit of science when I say that.

  • Jasmeet Bains

    Legislator

    So the opposition's remarks are absolutely baseless. This is about protecting our kids and making sure we keep harmful drugs out of the hands of our children. And I will always work to protect our children. Thankfully and respectfully ask for your aye vote.

  • Mia Bonta

    Legislator

    Thank you. There has been a motion and a second. Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is do pass to the Committee on Environmental Safety and Toxic Materials. [Roll Call]

  • Mia Bonta

    Legislator

    That measure is on call. Thank you, Assembly Member. We're going to move now to item number... Item number 29, AB 1242, Nguyen.

  • Stephanie Nguyen

    Legislator

    Thank you, Madam Chair, Committee Members, and Committee staff. English is a second language for me. I remember as a third grader I would be the person that my parents took with me to their doctor's appointment. I would be the one that would open up my parents mail, read it, and try to understand it the best that I can as a third grader and then translate it in Vietnamese.

  • Stephanie Nguyen

    Legislator

    And I joke all the time that I'm pretty sure I signed my parents kidneys and their hearts over and I'm just waiting for somebody to knock on the door and say we're here to collect. Right? And so this bill is truly meaningful to me for that reason. AB 1242 is an important bill that increased meaningful access to critical state services in California's vulnerable limited English populations. There are three key components that I'd like to touch on touch upon.

  • Stephanie Nguyen

    Legislator

    It establishes the position of Language Access Director within the California Health and Human Services to coordinate and oversee language access efforts. It ensures that there is human review when California Health and Human Services uses machine online or AI for translation or assistance, and it improves the process in the determination of which languages are covered by state and local agencies for their language assistance services.

  • Stephanie Nguyen

    Legislator

    As you know, California is one of the most linguistically diverse populations in the country, with over 6 million Californians having limited English proficiency. These populations often face barriers to health care access and worse clinical outcomes compared to English proficiency populations. AB 1242 will help eliminate avoidable disparities in health care, improve overall health outcomes, and reduce health reduce costs across health care systems.

  • Stephanie Nguyen

    Legislator

    As somebody who ran a nonprofit organization serving low income communities, communities with limited English proficiency, I can tell you that I'm proud to say we have over 61 community based organizations up and down California who support this because they know firsthand how language access barriers affect the health and well being of many communities. Here to testify in support is Julia from Asian Health Services and Doreena from Asian Resources.

  • Mia Bonta

    Legislator

    Moved by Carrillo, seconded by Gonzalez. Is it Rogers? Rogers. Please go ahead. You'll have two minutes each.

  • Julia Liou

    Person

    Good afternoon, Chair Bonta and Assembly Health Committee Members. My name is Julia Liou. I'm the Chief Executive Officer at Asian Health Services and here to express full support of AB 1242. Asian Health Services, we're a community health center that provides medical, dental, and behavioral health care services to 50,000 low income patients in 14 languages.

  • Julia Liou

    Person

    We started 50 years ago because we saw that language was a key barrier to healthcare access. Language barriers continue to hinder community members with limited English proficiency from accessing critical information. Most recently, Mr. Lee, a disabled Chinese senior, was in great need of home care assistance and support, and he was unable to navigate or access the state level programming at the Department of Aging in his language and remained in isolation for months, exacerbating his health issues.

  • Julia Liou

    Person

    It was only recently, with the help a navigation of one of our affiliate partners, that Mr. Lee was able to gain access to the support and care for his physical and mental health. Accessing supportive health care services earlier could have reduced costs and prevented Mr. Lee's health care issues from worsening.

  • Julia Liou

    Person

    On March 1st of this year, Executive Order 13166, Improving Language Access for Persons with Limited English Proficiency, was revoked and replaced with Executive Order 14244, which designates English as the official language of the United States. Given this order alters federal language access directives, it is important more than ever for California to uphold language access rights in health care.

  • Julia Liou

    Person

    According to a recent study by the California Healthcare Foundation, 23% of California residents with LEP were not aware of their rights to an interpreter and nearly 1/3 who received help understanding their doctor reported using a family or a friend. 29% of individuals with LEP in California still do not have a usual source of care. It is even more critical than ever that AB 1242 be passed to reduce racial and ethnic health disparities in our state. Thank you, Chair Bonta and Members of the Committee. We respectfully ask for your vote.

  • Mia Bonta

    Legislator

    Thank you.

  • Doreena Wong

    Person

    Good afternoon, Chair Bonta and Committee Members. My name is Doreena Wong. I'm the Policy Director at ARI. As a co-sponsor, I ask for your support for AB 1242. Since 1980, ARI has provided direct services and advocated for increased cultural and linguistic access to health and social services programs for over 30,000 Asian Americans, Native Hawaiian, Pacific Islanders, immigrants, and limited English speakers every year in Sacramento and LA. We have also seen the LEP clients face language barriers, which many numerous research studies have documented.

  • Doreena Wong

    Person

    These barriers highlight the critical need for better language services, especially now given the current attacks on immigrants. The bill would improve communication and save the state money by reducing clinical costs and costly corrective measures and medical conditions. First, it builds upon the state's efforts to meet its obligation by codifying CalHHS current language access policy.

  • Doreena Wong

    Person

    It establishes a Language Access Director to oversee all the Language Access Coordinators within its departments, to submit a biennial legislative report to be posted on its website for greater transparency, to create mechanisms for community level input for greater accountability, and to allow smaller language populations to request translated materials.

  • Doreena Wong

    Person

    Second, the Director would require and ensure human review of machine and AI generated interpretation and translation services. Third, it would update the Dymally-Alatorre Act to allow the use of US Census and other relevant data and community level input and other relevant factors.

  • Doreena Wong

    Person

    And then finally, there is a budget request of $10 million to support CalHHS's current investment of $20 million to maintain its current infrastructure. Because the bill will help address the current systemic health inequities, we urge your support of AB 1242. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Are there any others in support? Please come forward with your name, affiliation, and position on the bill.

  • Mary McCarron

    Person

    Hi there. My name is Mary Pai McCarron. I represent APAPA, Asian Pacific American Public Affairs. We have over 20 chapters across the state, and we strongly support this bill. Thank you.

  • Nicole Wordelman

    Person

    Nicole Wordelman on behalf of the Children's Partnership, also in support.

  • Faith Lee

    Person

    Hello. Faith Lee with Asian Americans Advancing Justice Southern California. We're proud to support.

  • Manny Martinez

    Person

    I'm Manny Martinez. I'm with APAPA, Asian Pacific American Public Affairs, and I'm here to show my support.

  • Sim Sidhu

    Person

    Hi. I'm Sim Sidhu, California resident, high schooler, in support.

  • Jade Macmillan

    Person

    Hi, everyone. Jade MacMillan with the Asian Association of Asian Pacific Community Health Organizations. Here with strong support.

  • Ahmed Salim

    Person

    Hi, everyone. Good afternoon. My name is Ahmed Salim. I'm representing Asian Resources, and I strongly support this bill.

  • Jorge Cruz

    Person

    Jorge Cruz on behalf of the California Behavioral Health Association in support.

  • Nora Angeles

    Person

    Nora Angeles with Children Now in support.

  • Beth Malinowski

    Person

    Good afternoon. Beth Malinowski with SEIU California in support.

  • Zara Zaidi

    Person

    Hi there. Zara Zaidi with Alameda Health Consortium, and here to support.

  • Pysay Phinith

    Person

    Good afternoon. My name is Pysay Phinith. I work at a Korean organization, KCCEB. I'm in support.

  • Paula Junn

    Person

    Hi. My name is Paula Junn. I work for KCCEB, Korean Community Center of the East Bay, and I support this bill.

  • Dana Kim

    Person

    Hello. My name is Dana Kim. I work at KCCEB, the Korean Community Center of the East Bay. I live in Alameda County, and I strongly support this bill.

  • Matthew Long

    Person

    Good afternoon. My name is Matthew Long. I'm a resident of Alameda County and an employee of KCCEB and I support this measure. Thank you.

  • Thu Quach

    Person

    Hi, my name is Thu Quach. I'm with Asian Health Services and the Progressive Vietnamese American Association and I'm in strong support of the Bill.

  • Kao Thao

    Person

    Nya Zhong. I'm Kao Ye Thao representing Hmong Innovating Politics. We support.

  • Nelson Lin

    Person

    Hi, my name is Nelson Lin on behalf of the Asian and Pacific Islander Caucus for Public Health in relations with the American Public Health Association. We're in strong support.

  • Thuy Do

    Person

    Good afternoon. My name is Thuy Do. I'm with the Southeast Asia Resource Action Center and strong support.

  • Pai Zong

    Person

    Good afternoon. My name is Pai Zong. On behalf of the Hmong Cultural Center of Butte County, we support.

  • Whitney Francis

    Person

    Good afternoon. Whitney Francis with the Western Center on Law and Poverty in strong support.

  • Omar Altamimi

    Person

    Good afternoon. Omar Altamimi with the California Pan Ethnic Health Network in support.

  • Tina Tanka

    Person

    Good afternoon. My name is Tina Tanka from Lafayette, California and I support.

  • Lily Dorn

    Person

    Good afternoon. Lily Dorn with the Community Clinic Association of Los Angeles County in support of this Bill. Thank you.

  • Dennis Cuevas-Romero

    Person

    Good afternoon. Dennis Cuevas Romero on behalf of the California Primary Care Association advocates and strong support.

  • Phil Curtis

    Person

    Phil Curtis. Phil Curtis, APLA Health Los Angeles and strong support. Thank you.

  • Mia Bonta

    Legislator

    Are there any others in supports? Seeing none. Are there any primary witnesses? In opposition? Seeing none. I will bring back to the Committee for comment or question. Assemblymember Krell.

  • Maggy Krell

    Legislator

    I want to thank Assembly Member Nguyen for bringing this important Bill. I had the pleasure of meeting with the sponsor about the Bill last week and at that time said that I would like to be added as a co author and now I do even more.

  • Maggy Krell

    Legislator

    This is an incredible showing from this community for this Bill and I appreciate you bringing it. You have my full support.

  • Mia Bonta

    Legislator

    Thank you. Thank you Assembly Member. If and I would also if possible, like to be added to as a co author to this Bill. I want to thank many Members of my Committee community for coming and speaking in support of this Bill.

  • Mia Bonta

    Legislator

    We know that language barriers pose a significant challenge to people to ensure that they have the care that they deserve. And with that I would ask that you close.

  • Stephanie Nguyen

    Legislator

    Thank you, Madam Chair. And we would be honored to have you and Assemblymember Krell be added to this Bill. On behalf of the 60 plus organization, that I think showed up today, we would respectfully ask for your aye vote.

  • Mia Bonta

    Legislator

    Thank you. We have a motion and a second. Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is due pass to Human Services. [Roll Call]

  • Mia Bonta

    Legislator

    That measures out. Thank you. We're going to move to Assemblymember. Oh, okay. We're going to move to Assemblymember Pellerin, item number 30, AB 1267.

  • Gail Pellerin

    Legislator

    Thank you very much. And thank you to my colleague, Assemblymember David Alvarez, for letting me jump ahead here. Thank you, Madam Chair and Members, I'd like to start by accepting Committee's amendments and thanking Committee staff for their work on this Bill. As we are all aware, California is facing a behavioral health and substance abuse crisis.

  • Gail Pellerin

    Legislator

    Despite the investments we as a state have made into behavioral health and substance use disorder treatment, the majority of our counties are reporting an urgent need for residential treatment. Unfortunately, a barrier to expanding care is the regulatory process under the Department of Health Care Services, known as DHCS.

  • Gail Pellerin

    Legislator

    Under current law, DHCS requires separate licenses and certifications for every program a provider operates, even if they are co located in the same location. This means that each program must complete separate fiscal, programmatic and compliance audits. Even if the program's function as a continuum of care in the same location, these programmatic and fiscal audits require site visits.

  • Gail Pellerin

    Legislator

    When these site visits occur independently for each program, this can result in multiple site visits to the same site in the same month, a clear waste of both provider and state time and resources.

  • Gail Pellerin

    Legislator

    In order to address this inefficiency, AB 1267 creates a consolidated license and certification for substance use disorder providers who operate multiple programs within 1,000 ft of each other. By streamlining the programmatic and fiscal audit portions of this process, this Bill will allow DHCS to conduct one unified site visit.

  • Gail Pellerin

    Legislator

    Under the Bill, regulatory standards and licensing and certification fees would not change, but overlapping paperwork and duplicative site visits would be eliminated. With our amendments to clarify that the Bill does not apply in areas zoned exclusively for residential use under local zoning, we anticipate all opposition to be removed.

  • Gail Pellerin

    Legislator

    And with me to testify in support is Amber Williams, the CEO of Janus of Santa Cruz, and Trent Murphy from the California Association of Alcohol and Drug Program Executives.

  • Amber Williams

    Person

    Thank you, Assemblymember Pellerin and Chair and Members. I was gonna say good afternoon, but good evening. Early evening. My name is Amber Williams. I'm the CEO of Janus of Santa Cruz.

  • Amber Williams

    Person

    It's a local nonprofit in Santa Cruz that serves thousands of individuals on an annual basis across outpatient residential sobering centers, withdrawal management programs, perinatal residential care, DUI programs, AB 1267 speaks directly to something I deal with regularly as a provider. The challenge of navigating a fractured and duplicative licensing system that slows down care and drains critical resources.

  • Amber Williams

    Person

    At Janus, we operate multiple levels of care in a single location. We do this intentionally because clients benefit from one access point and seamless transitions of care and staff can work collaboratively across programs.

  • Amber Williams

    Person

    But under current law, each program we operate outpatient, detox, perinatal, residential, traditional residential is treated by the state as if it's its own complete separate entity. That means we must maintain separate licenses, go through separate application processes and prepare for separate audits.

  • Amber Williams

    Person

    Even when all of these programs are in the same building in the same campus style model with shared clinical teams and infrastructure. The biggest impact of this isn't paperwork, it's people.

  • Amber Williams

    Person

    When we have our staff accommodate three different audit teams in the span of a few weeks, that takes away critical resources that could have been used to help save those that are suffering substance use disorders. And from a leadership perspective, this creates enormous strain.

  • Amber Williams

    Person

    I have to allocate administrative resources to manage overlapping inspections and compliance visits, always without additional funding to support that effort. It also slows down our ability to expand services because every new program requires another round of licensing and audit cycles, no matter how integrated it is with existing operations. AB 1267 offers a very reasonable fix.

  • Amber Williams

    Person

    It allows providers like mine to obtain a consolidated license and certification when programs are co located so that fiscal and programmatic audits can be done together. It doesn't remove oversight and it doesn't affect compliance audits which remain unannounced and independent.

  • Amber Williams

    Person

    What it does is recognize how care is actually delivered in the field and helps us align oversight and integrated service delivery. This Bill wouldn't just help Janus.

  • Amber Williams

    Person

    It would help providers up and down the State of California, who are doing valuable work and everything they can to stretch limited dollars and workforce capacity to meet the rising demand for our types of services. It's a smart way to relieve administrative pressure without compromising safety or quality.

  • Amber Williams

    Person

    I urge you to support AB 1267 and I thank you for your time and commitment to improving access to care for the people that we serve suffering substance use disorder in our state.

  • Mia Bonta

    Legislator

    Thank you.

  • Trent Murphy

    Person

    Trent Murphy with the California Association of Alcohol and Drug Program Executives here to help with any technical questions if necessary. Thank you.

  • Maggy Krell

    Legislator

    Thank you. Are there any other witnesses in support?

  • Glenn Backes

    Person

    Good afternoon. Glenn Bacchus for Drug Policy Alliance and support

  • Madison Whittemore

    Person

    Madison Whittemore on behalf of Steinberg Institute. In support.

  • Jorge Cruz

    Person

    Jorge Cruz on behalf of the California Behavioral Health Association and support.

  • Maggy Krell

    Legislator

    Thank you. Are there any witnesses in opposition? Okay, seeing none. We'll bring it back to the Committee for questions. We do have a motion and a second. Would you like to close?

  • Gail Pellerin

    Legislator

    I respectfully ask for your aye vote. Thank you.

  • Maggy Krell

    Legislator

    Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is due pass as amended to Appropriations. [Roll Call]

  • Maggy Krell

    Legislator

    Sorry, that bill is on call. Okay. We are going to move to file item 25, Assembly Bill 955 by Assembly Member Alvarez.

  • David Alvarez

    Legislator

    Good evening. I believe at this time is evening. Thank you, Committee Members, for the opportunity. And thank you, Madam Chair, who's here with us now, for allowing me to present Assembly Bill 955. Want to start by acknowledging and thanking the Committee's work and accepting the Committee's amendments and thanking Mr. Bain for his thoughtful analysis on the bill.

  • David Alvarez

    Legislator

    I represent a pretty unique part of the state. My Assembly District is number 80 for a reason. We get numbered from the north part of the state to the southern part of the state, and I represent the southernmost portion of the state, which means I border the country of Mexico.

  • David Alvarez

    Legislator

    And because of that, we have some unique dynamics. For example, we have 170,000 people who cross the border every single day. 170,000 people who cross the border every single day from Mexico into the United States. The vast majority of those people are crossing to work in the United States.

  • David Alvarez

    Legislator

    A lot of that has happened as a result of how unfortunately unaffordable California has become. And so Mexico is a little bit of a relief valve for our affordability issues in San Diego, and families are moving south of the border. This uniqueness creates opportunities, challenges, of course, but opportunities as well.

  • David Alvarez

    Legislator

    This bill is about expanding some opportunities to a challenge that exists with our workforce issues. Assembly Bill 955 seeks to expand health care for employees in San Diego and also in the Imperial County, which is also a border county with Mexico on the eastern portion of the border with California and Mexico.

  • David Alvarez

    Legislator

    By eliminating the restriction that currently allows only Mexican nationals to access prepaid health plans licensed by the Department of Managed Health Care Plan in Mexico, we are able to provide health care to other individuals. This bill would open the door for all employees in the regions, again, San Diego County and Imperial County, which would create a more inclusive health care landscape by allowing those who need it the most to benefit from the health care services available across the border, south of the border.

  • David Alvarez

    Legislator

    Health care access has become a pressing issue for many residents all throughout California. And the reality is that many employees along the Mexico United States border are monolingual Spanish speakers or possess limited English proficiency, which makes navigating health care, already difficult process, even more challenging in California.

  • David Alvarez

    Legislator

    The challenges that these individuals face are amplified by the necessity of using family members as interpreters, as I did as a kid for my parents, which can raise serious privacy concerns for some individuals or make access to health care more challenging if you don't have that translation available.

  • David Alvarez

    Legislator

    As a result of that, over 20 years ago, the Legislature approved programs or HMOs to operate on the Mexican side. And as a result, a significant number of employees in San Diego and Imperial County have resorted to seeking that care across the border in Mexico.

  • David Alvarez

    Legislator

    The geographical proximity between Mexico and these counties offers an alternative for many employees seeking health care options along with the cultural competent services that they receive as part of that healthcare. However, the existing gap in access not only affects the well being of these individuals, but also complicates healthcare planning for employees.

  • David Alvarez

    Legislator

    So that is why we present to you Assembly Bill 955, which allows those employees and their dependents to be able to have access to this type of health care in this unique region. And to provide some testimony towards this, I'd ask Mr. Torrico, who represents SIMNSA, which is one of the HMOs that provides health care south of the border, it's actually one of the largest private health care delivery systems in Baja California, to please provide testimony.

  • Mia Bonta

    Legislator

    Moved by Carrillo, seconded by Rogers.

  • Alberto Torrico

    Person

    Good afternoon, Madam Chair and Members of the Committee. Want to also thank the Madam Chair for your insight into the bill and your consultant for the robust conversation we've had over the last six to eight weeks. I think ultimately extremely beneficial for the bill and for public policy. My name is Alberto Torrico. I'm here on behalf of SIMNSA.

  • Alberto Torrico

    Person

    They're the sponsor of the bill. They're a Mexican health plan licensed by DMHC here in California since 2000. They have over nine, excuse me, over 500 physicians and they have over 60,000 members that currently reside in San Diego and Imperial Counties.

  • Alberto Torrico

    Person

    One of the impetus for the bill, besides what Mr. Alvarez described, which was the need, both cost driven and culturally driven, is the fact that the original enabling statute has in it the restriction that only individuals that are classified as, quote, Mexican nationals could access the system. Unfortunately, Mexican national does not have a definition in California statute or code.

  • Alberto Torrico

    Person

    And in Mexican statutes and codes, it's a bit ambiguous, so it creates some problems at the input level of signing up patients. So we thought for two reasons. One, to clarify the ambiguity and, two, to add to give more individuals the ability to access the system. We thought removal of that language was the best way to solve the problem. So we have before you AB 955, and happy to answer any questions and respectfully ask for your aye vote.

  • Mia Bonta

    Legislator

    Thank you. Any others in support of the bill? Any in opposition? In support of the bill?

  • Alison Ramey

    Person

    Good evening, Madam Chair and Members. Alison Ramey on behalf of the Cal Schools Voluntary Employees Benefits Association in support.

  • Mia Bonta

    Legislator

    Thank you. Are there any primary witnesses in opposition? Or me toos in opposition? Seeing none. I will bring it back to the Committee for questions or comments. We have a motion and a second on this bill. Assembly Member, I want to thank you for bringing forward this bill and for making sure to always bring to the entire State of California the knowledge of what is really happening in your district and trying to focus on policies that will help to support what we need to in your district and across the state. And I know that there was a lot of work on this bill. I want to thank you for making sure to be balanced in your acceptance of the amendments that we offered. And with that, would you like to close?

  • David Alvarez

    Legislator

    Yeah. I want to thank you for making sure that we were informed and involved in the process. I appreciate you. There were some very legitimate and important things that were raised, and I think they are addressed by your amendments, your Committee's amendments.

  • David Alvarez

    Legislator

    And at the end of the day, this is about increasing access, not limiting it, and making sure that everybody has that fair, equitable access to health care. And that's what we do with AB 55. It is an inclusive approach that allows for increased access for individuals who may potentially be left out of the system. And again, in our unique situation of a border community that we're very proud of, it serves a population of Californians who may otherwise go unserved. And so for that I appreciate you and respectfully ask for an aye vote. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Please call the roll.

  • Committee Secretary

    Person

    The motion is do pass as amended to Appropriations. [Roll Call]

  • Mia Bonta

    Legislator

    That measure's out. Thank you, Assembly Member.

  • David Alvarez

    Legislator

    Thank you very much, Madam Chair.

  • Mia Bonta

    Legislator

    We are Going to move on now to Assemblymember Haney. Item number 11, AB 371.

  • Matt Haney

    Legislator

    Alright, thank you, Madam Chair. My last one of the day. Number six.

  • Mia Bonta

    Legislator

    Assemblymember press chair.

  • Matt Haney

    Legislator

    There we go.

  • Mia Bonta

    Legislator

    For the sixth time today.

  • Matt Haney

    Legislator

    Alright. For the sixth time. I should have figured out how to use this by now. First of all, thank you so much.

  • Mia Bonta

    Legislator

    Moved by Rogers.

  • Mia Bonta

    Legislator

    Second by Schiavo.

  • Matt Haney

    Legislator

    Madam Chair and Members.

  • Matt Haney

    Legislator

    Thank you for- to you and your staff for your work with us on this and I will be accepting the Committee amendments.

  • Matt Haney

    Legislator

    This bill is very simple. Dental care is health care. It's essential care. It's something that millions of Californians pay for each month and they should be able to access it.

  • Matt Haney

    Legislator

    This is a principle that we understand already in other types of health care where there are requirements that you're able to access a doctor or a specialist that is close enough to where you work or live.

  • Matt Haney

    Legislator

    It is actually also a principle that exists within pediatric dental care, but it is not something that currently exists for dental care more broadly. And that means that for many Californians they are unable to access a dentist who is in network anywhere near where they live or work.

  • Matt Haney

    Legislator

    And the result is that we have a huge problem of people in California not able to access high quality dental care in a timely way. That has led us by many standards to have some of the lowest rankings as far as when we look at where we place around dental health.

  • Matt Haney

    Legislator

    And there's no good reason for this except for the way the system works right now. We have 35,000 active dentists. That is the highest of any state in the country.

  • Matt Haney

    Legislator

    And yet because networks are not cluding- including enough of these dentists in a way that's accessible for patients, we are seeing situations where families are forced to travel long distances for care or pay high out of pocket costs due to inadequate provider networks. This bill does a couple very simple things.

  • Matt Haney

    Legislator

    It requires insurance companies very similar to where already exist for other forms of medical care to provide access to a dentist near a person's home or work. These standards already exist in other states such as California- Colorado, Oregon, Maryland, and are currently the standard, as I said, for our state's medical health care system.

  • Matt Haney

    Legislator

    Lastly, it will ensure that insurance payments go directly to the dentist so patients aren't burdened with large upfront costs and will require insurance companies to report that data.

  • Matt Haney

    Legislator

    Too often what happens now is you are required to go through a long process of getting a reimbursement and forced to pay up front, which creates even more barriers to access essential dental care.

  • Matt Haney

    Legislator

    We have had productive conversations with the opposition and look forward to reviewing any proposed amendments and this will help ensure that all Californians who are paying for dental care dental insurance currently are actually able to access it.

  • Matt Haney

    Legislator

    With me to testify in support of the bill is Shelbey Arevalo a Patient Advocate Coordinator, and Eric Dowdy on behalf of the California Dental Association.

  • Eric Dowdy

    Person

    Thanks. You'll each have two minutes. Great. Thank you. Good afternoon. Eric Dowdy with the California Dental Association. Very proud to co sponsor this bill and we also want to thank the committee staff for working with us on amendments. Californians are increasingly finding it increasingly difficult to locate in network dentists.

  • Eric Dowdy

    Person

    This challenge isn't because we lack dental providers, but because dental plans are failing to maintain adequate networks. While state law requires Department of Managed Health Care and Department of Insurance to to assess network adequacy for dental plans, those assessments currently don't capture the full scope of who's relying on a given provider network.

  • Eric Dowdy

    Person

    Without a complete picture of the patient population using a network, regulators cannot accurately determine whether dental plans are truly meeting patients needs, whether there are enough in network dentists and specialists, and whether they're located in a reasonable time and distance from where people live or work.

  • Eric Dowdy

    Person

    This lack of transparency and standardization directly affects patients access to timely necessary care. AB 371 seeks to address this gap head on by giving the state that full picture and shortening the time and distance standards for dental plans to better ensure that network dental appointments are available.

  • Eric Dowdy

    Person

    Primary care plans currently require that physicians are available within 15 miles or 30 minutes from enrollees and urgent appointments are available within 48 hours. Dental care should be held to the same bar. Due to some plans thin networks, patients often must go with out of network to receive care.

  • Eric Dowdy

    Person

    AB 371 empowers patients by allowing them to assign benefits to out of care network providers so they don't- so they don't have to front large payments and seek reimbursement later. With upfront cost disclosures and clear communication, patients can make informed choices without being caught off guard by surprise bills or red tape. Opponents claim that this could reduce network participation.

  • Eric Dowdy

    Person

    However, in states that have passed similar laws, the opposite has occurred. Networks remain stable and patients gain more access and flexibility. AB 371 is a practical and patient centered reform. It strengthens oversight, improves access, and ensures dental coverage is fair and transparent. We respectfully ask for an aye vote.

  • Mia Bonta

    Legislator

    Thank you.

  • Shelbey Arevalo

    Person

    Good evening, Chair and Members of the committee. My name is Shelbey Arevalo and I lead Arevalo Elite Services, a dental billing and consulting company and I also founded the National Dental Advocacy Program through the Patient Advocate Program, a non profit that helps bridge the communication and care gap between patients and dental providers.

  • Shelbey Arevalo

    Person

    I spent over 15 years in the dental industry starting chairside as a dental assistant and advancing through management, billing and coding. Today I serve as a board certified patient advocate, working closely with both patients and providers to navigate a healthcare system that can often be confusing, overwhelming and even unsafe.

  • Shelbey Arevalo

    Person

    My mission is to create clarity, support and solutions where they're needed most. I have seen patients, many in severe pain, resort to emergency rooms simply because they couldn't find an in network provider nearby that could see them right away. I've personally followed up with patients who were hospitalized from something as preventable as an infected root canal.

  • Shelbey Arevalo

    Person

    One patient had been referred to the only specialist in her area. That delay resulted in her being rushed to the hospital and sadly she blamed the dentist for the outcome, not the system that left her with no viable options. I've advocated for a patient with severe dental anxiety who needed sedation services. Despite calling over 30 offices,

  • Shelbey Arevalo

    Person

    not one in network provider could accommodate her needs. She still has not been seen. I've worked with countless patients frustrated by insurance companies, not honoring assignment of benefits where reimbursement checks are not sent directly to the dental provider they trusted, leaving offices and patients stuck paying upfront costs and creating confusion, stress and financial disarray.

  • Shelbey Arevalo

    Person

    These are not isolated incidents. These are real people. People like you and me. At some point we all become the patient and when we do, we are subject to a system that often doesn't work as it should.

  • Mia Bonta

    Legislator

    Thank you. Want to wrap up your comments?

  • Shelbey Arevalo

    Person

    Assembly Bill 371 is a vital step towards fixing that. This bill will help close the access to care gaps, ensure patients receive timely treatment and support providers in delivering care without unnecessary roadblocks. It's about restoring trust, accountability and dignity to the dental health care experience.

  • Mia Bonta

    Legislator

    Thank you. Are there any other witnesses in support? Please come forward now with your name, affiliation and position on the bill.

  • Ted Toppin

    Person

    Madam Chair, Members, Ted Toppin for the California State Retirees, strongly in support to ensure that they can access dental care, in all parts of our state.

  • Ted Toppin

    Person

    Thank you.

  • Leah Barros

    Person

    Leah Barros on behalf of California Hospital Association, in support.

  • Unidentified Speaker

    Person

    On behalf of the California Association of Orthodontists, in support.

  • Jennifer Tannehill

    Person

    Jennifer Tannehill for the California Dental Hygienist Association, in support.

  • Omar Altamimi

    Person

    Omar Altamimi with the California Pan Ethnic Health Network, in support.

  • Mia Bonta

    Legislator

    Thank you. Are there any primary witnesses in opposition? Please come forward.

  • Mia Bonta

    Legislator

    Thank you. You'll each have two minutes.

  • Sierra Feldmann

    Person

    Thank you, Chair Bonta, Members of the Committee. My name is Sierra Feldmann and I'm speaking on behalf of Delta Dental of California, in opposition to AB 371. We're the largest dental plan in the state, covering over 11 million enrollees and partnering with over 22,000 providers to provide quality and affordable access to dental coverage.

  • Sierra Feldmann

    Person

    This Bill will increase consumer costs and reduce access to affordable coverage, by imposing unrealistic network adequacy requirements and reporting obligations on plans. Additionally, it'll compromise a plan's ability to maintain robust dental networks, ultimately affecting enrollees, which is of particular concern to Delta Dental.

  • Sierra Feldmann

    Person

    This Bill allows non-contracted dentists who have no formal business relationship with a dental plan to demand assignment of benefits, thereby receiving direct payment from a dental plan, a benefit allowed for in-network dentists and one of the strongest reasons that dentists join a dental plan.

  • Sierra Feldmann

    Person

    Based on our 70 years in this business, it's our observation that anything that makes non-participation easier for a non-participating provider will evidently and ultimately encourage that dentist to never accept dental plans.

  • Sierra Feldmann

    Person

    We estimate that even a modest 5 to 15% reduction in our dental network will result in total out-of-pocket cost increase to consumers between $235 and $700 million annually. That's a cost to consumers, not to dental plans.

  • Sierra Feldmann

    Person

    In-network dentists cannot charge enrollees more than their negotiated fee, whereas out of network dentists can charge their full fee. Consumers bear the burden of balance billing when they go out of network for care.

  • Sierra Feldmann

    Person

    To enhance consumer protections, if an out of network dentist accepts assignment of benefits, thereby receiving direct payment from a dental plan, just like an in-network dentist, they should not be allowed to balance bill an enrollee for that remaining amount. We appreciate the conversations that we've had with the Author's Office and with CDA. Look forward to further communications.

  • Sierra Feldmann

    Person

    However, as written, AB 371 threatens to erode existing networks and consumer protections, and we respectfully oppose this Bill. Thank you.

  • Mia Bonta

    Legislator

    Thank you. You'll have two minutes.

  • Christy Weiss

    Person

    Good evening, Madam Chair. Christy Weiss, with Capital Advocacy, on behalf of the California Association of Dental Plans. Our opposition is focused on the time and distance standards within the Bill.

  • Christy Weiss

    Person

    We really want to thank the Committee for the extensive amendments that were done, that help to conform those standards in the Bill to what plans are already required to adhere to, under DMHC and CDI.

  • Christy Weiss

    Person

    It's very helpful in revising that language and making it more consistent and we look forward to continuing conversations with the author and the sponsor. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Any others in opposition, please come forward.

  • Kelly Larue

    Person

    Kelly LaRue, with Resilient Advocacy, on behalf of the California Chamber of Commerce, in opposition. Thank you.

  • Steffanie Watkins

    Person

    Steffanie Watkins, on behalf of the Association of California Life and Health Insurance Companies, also in opposition.

  • Olga Shilo

    Person

    Olga Shilo, with the California Association of Health Plans, in opposition.

  • Mia Bonta

    Legislator

    Thank you. I'll bring it back to the Committee. Seeing no other opposition.

  • Dawn Addis

    Legislator

    Thank you. I'd like to move the Bill and request to be a co-author also.

  • Dawn Addis

    Legislator

    And I want to say I respect the work that you do, and I wasn't going to speak on this, but listening to Delta speak, I have to say, representing a county where Delta actually used to operate, and now, just about every single person I know no longer has a provider that can—that takes Delta.

  • Dawn Addis

    Legislator

    It's a very, very difficult situation and what we hear time and again is that they just can't afford to take your coverage anymore. And so, for over 20 years, many, many people in my community were very, very strong Delta advocates and now are really kind of left holding the bag now, not being able to find a dentist.

  • Dawn Addis

    Legislator

    And so, I am super concerned, actually, that you've come to oppose the Bill, knowing the kind of struggle that my constituents face. So, anyway, I appreciate the work the author's doing. I hope you can continue, as always, that you can continue to work with opposition.

  • Dawn Addis

    Legislator

    I do think that there's probably a pathway in here, but I would be remiss if I didn't speak up to my cons—for my constituents—that, for so many years, thought they had good insurance and now, really have nothing.

  • Mia Bonta

    Legislator

    Thank you. Assemblymember Rogers.

  • Chris Rogers

    Legislator

    Thank you, Chair. This is a substantial issue in my district, as well, and I'd love to be added as a co-author.

  • Mia Bonta

    Legislator

    Seeing no other Committee comments. I want to thank the author for bringing for this Bill. I know that the impact of assignments on benefits on the dental plan market is an important consideration that the Legislature should continue to question. It is also important to center the patient experience when considering the context of this Bill.

  • Mia Bonta

    Legislator

    And I really appreciate the comments from the dais from our Committee Members to that effect. Removing patients from the middle of billing questions—discussions—between the providers and plans is something this body has made great progress on in health insurance, and I firmly believe similar protections must be in place for patients navigating their dental coverage.

  • Mia Bonta

    Legislator

    With that, would you like to close?

  • Matt Haney

    Legislator

    Yes. Thank you so much again for, for the amendments, for your comments, for your support and to, to my colleagues, for their comments and, and support and new co-authorship and, and absolutely, we will continue to work together, and we've met, and we'll continue to.

  • Matt Haney

    Legislator

    And work on some of these issues together with the sponsors and with that, respectfully, as for an "Aye" vote.

  • Mia Bonta

    Legislator

    Thank you. There's a motion and a second. Please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Mia Bonta

    Legislator

    That measure's out. Thank you. We're going to move on now to Item Number 9, AB 348, Krell.

  • Maggy Krell

    Legislator

    Good evening, everyone. I have a great bill for you tonight. This is called Assembly Bill 348. It helps streamline the process for mentally ill people experiencing homelessness to get the help that they so desperately need. First off, I want to thank the Committee and the Chair, the Committee staff for the work on this bill.

  • Maggy Krell

    Legislator

    We accept the amendments and appreciate them. California is experiencing a mental health and homelessness crisis. Everyone on this Committee knows that. Our state holds the highest homeless population in the country, and a significant portion of this community suffers from mental health challenges.

  • Maggy Krell

    Legislator

    Assembly Bill 348 prioritizes California's most vulnerable populations that desperately need access to the whatever it takes care that we know as full service partnerships, or FSPs. This bill streamlines access for SFP program by establishing eligibility criteria for those in high need populations across all counties. Individuals that have serious mental illness, are experiencing homelessness, cycling through incarceration and involuntary hospitalizations would be presumed eligible.

  • Maggy Krell

    Legislator

    And so it would alleviate, it would alleviate any delays or disruptions for accessing the care that they need. California voters passed Proposition 1 last year and that strengthened our behavioral health system and set up funding for programs like this. And AB 348 really builds on Prop 1's promise by recognizing FSPs as a vital resource for the behavioral health system by establishing this expedited process for at risk populations. I have two witnesses in support of this bill. Thank you.

  • Tara Gamboa-Eastman

    Person

    Good afternoon, Chair and Members. Tara Gamboa-Eastman with the Steinberg Institute. We're an independent, nonprofit public policy institute dedicated to breaking the cycle of incarceration, homelessness, and hospitalization for people with serious mental illnesses and substance use disorders. We were founded by former Assembly Member, Senate Pro Tem, and Sacramento Mayor Darrell Steinberg.

  • Tara Gamboa-Eastman

    Person

    And I'm happy to be here as one of the proud co-sponsors of AB 348. This bill builds on the work that Mr. Steinberg began in his first year in the Assembly. In 1999, then Assembly Member Steinberg authored AB 34 to pilot the whatever it takes care for Californians with serious mental illness who are experiencing homelessness.

  • Tara Gamboa-Eastman

    Person

    These whatever it takes programs, known as full service partnerships, offered comprehensive wraparound services including treatment, housing, food, and other supports, and they broke the cycle of homelessness, hospitalization, and incarceration for the individuals they served. Having proved successful, the model was made permanent and funded under the Mental Health Services Act.

  • Tara Gamboa-Eastman

    Person

    Over 20 years later, a quarter of California's unhoused population still suffers from a severe mental illness, but only 40% of all statewide full service partnership slots go to individuals who are experiencing homelessness, the very population that these programs were designed for. California has already taken steps towards reform with Proposition 1, which updated the mental health services to direct more resources toward full service partnerships.

  • Tara Gamboa-Eastman

    Person

    AB 348 builds on Proposition 1 by creating a proactive system that allows provider to immediately enroll those in need in full service partnerships based on clinical criteria. When it comes to mental health care, whatever it takes shouldn't be a marketing slogan. It should ensure that the people who are suffering the most get in the front door first. Respectfully request your aye vote. Thank you.

  • Mia Bonta

    Legislator

    Thank you.

  • Genelle Cazares

    Person

    Good evening. My name is Genelle Cazares, CEO of El Hogar Community Services in Sacramento. We are a longtime provider of full service partnerships, serving individuals with serious mental illness who are often navigating homelessness, justice involvement, and frequent psychiatric crises. At El Hogar, we know FSPs can be life changing.

  • Genelle Cazares

    Person

    Because of the increased demand for FSPs, eligibility rules are needed for timelines and continuity of care. This bill is not just about offering care to anyone with a recent crisis. It is about making sure that those most at risk who are already experiencing overwhelming challenges get connected to the care they need sooner.

  • Genelle Cazares

    Person

    Presumptive eligibility is also limited to available FSP slots and does not obligate over enrollment. AB 348 helps cut through the bureaucracy. It doesn't bypass clinical judgment or expand the number of people that counties are required to serve. It simply creates a consistent process for determining who's eligible across the state.

  • Genelle Cazares

    Person

    It creates a pathway to enrollment, not a mandate. This change would make a huge difference, not only for individuals we serve, but for our providers too. Instead of spending long periods of time navigating paperwork and waiting on approvals, we can focus actually on helping people, getting them housed, connected, and supported. That's what FSPs are meant to do.

  • Genelle Cazares

    Person

    This bill allows providers like us to focus on care, not paperwork. And it ensures the promise of Proposition 1 reaches the people we see every day, those with serious mental illness who are most at risk. Thank you for the opportunity to speak tonight, and I respectfully urge you to support for the bill, the bill. Sorry. AB 348.

  • Cecilia Aguiar-Curry

    Legislator

    Move the bill.

  • Mia Bonta

    Legislator

    Moved by Aguiar-Curry. Seconded by Stefani. Are there any others in support of the bill? Please come forward, stating your name, affiliation, and position on the bill.

  • Madison Whittemore

    Person

    Madison Whittemore on behalf of Housing California, Smart Justice California, Courage California, Vera Institute for Justice, and Sacramento County Probation Association. All in support.

  • Sherry Daley

    Person

    Sherry Daley with the California Consortium of Addiction Programs and Professionals in support.

  • Glenn Backes

    Person

    Glenn Backes for Ella Baker Center for Human Rights and Drug Policy Alliance in support.

  • Capri Walker

    Person

    Kapri Walker with Californians for Safety and Justice in support.

  • Leah Barros

    Person

    Leah Barros on behalf of California Hospital Association in support.

  • Jorge Cruz

    Person

    Jorge Cruz on behalf of the California Behavioral Health Association, proud co-sponsor in support.

  • Monea Jennings

    Person

    Monea Jennings on behalf of the Greater Sacramento Urban League in full support. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Are there any primary witnesses in opposition? Any me toos in opposition? Seeing none. I will bring it back to the Committee for a question or comment. Seeing none. Assembly Member, please close.

  • Maggy Krell

    Legislator

    I would respectfully ask for your aye vote.

  • Mia Bonta

    Legislator

    Thank you. We have a motion and a second. Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is do pass as amended. [Roll Call]

  • Mia Bonta

    Legislator

    That measure's out. Thank you, Assembly Member. We're going to move on now to the two items of Assembly Member Rogers. Starting with item number 16, AB 573, and then moving on to item number 37, AB 1460.

  • Chris Rogers

    Legislator

    Well, thank you so much Chair and Members, proud to present AB 573. Given the late note, the late time and the no known opposition, I'll be very brief and I'll ask my witnesses to be as well.

  • Chris Rogers

    Legislator

    AB573 is a bill to prevent enforcement of our state's flavored tobacco ban to protect kids and adult consumers from the highly addictive products. Right now there are approximately 30,000 retailers in California. CDTFA only has the funds to do proactive enforcement on about 11% of those retailers. Disposable E cigarettes represent 90.9% of all sales in California.

  • Chris Rogers

    Legislator

    And 40% of those are cigarette sales in California are illegally flavored E cigarettes. Last year, California tobacco retailers sold tobacco to underage buyers at a rate of almost 20%. This bill would increase the fees that tobacco retailers pay each year from $265 to $600. Those funds would go into more proactive enforcement for CDTFA.

  • Chris Rogers

    Legislator

    For some context alcohol suppliers, their fee is about $1,000 a year. In cannabis, it's about $2,500 a year. So still substantially below that. With me today is Tim Gibbs with the American Cancer Association and Sim Sidhu, who is a high school student who's been working on this issue. And thank you so much.

  • Sim Sidhu

    Person

    Good afternoon, Madam Chair and Members of the Committee. My name is Sim Sidhu. I'm 16 years old and I'm a junior at Miramonte High School in Orinda, California, testifying in support of AB573 on behalf of the American Cancer Society Cancer Action Network.

  • Sim Sidhu

    Person

    I'm here today and not in school because what should be a safe learning environment is being undermined by widespread vaping. Walk through my high school or talk to students from almost any high school in California and you'll hear the same story. Vaping is rampant during passing periods, lunch breaks, even during class time.

  • Sim Sidhu

    Person

    Students are vaping in bathrooms and locker rooms. We constantly see or smell the sweet, fruity scents of the exact flavored e cigarettes that Prop 31 supposedly removed from shelves over two years ago. We know that these products are harmful. We've seen the health warnings.

  • Sim Sidhu

    Person

    But the appealing flavors are hard to ignore, especially when combined with the stresses of school, social media and future pressures. What makes this worse is how easy they are to get. Why, despite the ban, are these illegal flavored products still flooding our schools? Because the system meant to stop retailers from selling them is critically underfunded.

  • Sim Sidhu

    Person

    I was shocked to learn that the current funding allows the CDTFA to inspect only 11% of tobacco retailers each year. Think about that. Nearly 90% of stores face no checks in a given year to ensure they're complying with the law and not selling illegal flavored products which reach kids like me and my friends.

  • Sim Sidhu

    Person

    This isn't just a loophole. It's a wide open door for irresponsible retailers to profit by selling illegal flavored products directly contributing to addiction among my generation. Parents and schools try their best, but they can't fight this alone when the products are so easily accessible in our communities. We need more than laws on paper, we need enforcement.

  • Sim Sidhu

    Person

    This bill provides a solution by increasing the licensing fee. That increase directly funds the comprehensive checks needed to ensure that all retailers follow the law. My health and the health of thousands of students across California shouldn't be sacrificed because of inadequate enforcement funding.

  • Sim Sidhu

    Person

    We are counting on you to prioritize our well being over the convenience of retailers who might be breaking the law. Please pass this bill, fund the enforcement, give the flavor, ban real teeth and help us stop the flow of these illegal products into our schools and into the hands of minors. Thank you.

  • Tim Gibbs

    Person

    Tim Gibbs with the American Kin Society Cancer Action Network, a proud co sponsor and I'm just here to answer any technical questions.

  • Mia Bonta

    Legislator

    Thank you. Are there any others in support of the bill? Please come forward with your name, affiliation, position on the bill. Moved by Aguilar-Curry. Seconded by Schiavo.

  • Silvia Shaw

    Person

    Good afternoon. Sylvia Solis Shaw here on behalf of the American Heart Association. Pleased to be a co sponsor. Thank you to Assembly Member Rogers.

  • Greg Campbell

    Person

    Greg Campbell on behalf of Campaign for Tobacco Free Kids in support.

  • Kesa Bruce

    Person

    Kesa Bruce, American Lung Association co sponsor in support.

  • Mia Bonta

    Legislator

    Thank you. Are there any primary witnesses in opposition or me toos in opposition? Seeing none, I will bring it back to the committee for question or comment. Seeing none. We have a motion and a second. Assembly Member please close. Well, first I would like to thank the your witness for testifying.

  • Mia Bonta

    Legislator

    I think when, whenever we have somebody who's directly impacted by our policies, it's an incredibly powerful experience. And I want to thank you for enduring many hours waiting for your testimony. And it was very moving. Thank you.

  • Chris Rogers

    Legislator

    Yeah. And I appreciate it Chair, just in closing, we actually had this campaign in Santa Rosa. It was one of the last things that I got to vote on before coming up to Sacramento. And it was led by youth and children who are seeing that impact. And with that, I respectfully ask for an aye vote.

  • Mia Bonta

    Legislator

    Thank you. Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is do pass to Appropriations. [Roll Call]

  • Mia Bonta

    Legislator

    That measures out. Thank you. Assemblymember. We're going to move on now to your next item. AB 1460. Item number 37.

  • Chris Rogers

    Legislator

    All right, Chair, Members, I'm here today to present AB 1460. I'll open by accepting the Committee's amendments to the bill. AB 1460 helps address health equity and access to care issues in California by protecting the ability of covered health centers to dispense 340B medications to their patients.

  • Chris Rogers

    Legislator

    The federal 340B program was established in 1992 to increase access to health care for low income and vulnerable patients. By helping safety net providers dispense affordable medications, the 340B program generates cost savings that are meant to be reinvested into the health centers who serve our most vulnerable to meet the needs of the communities that they serve.

  • Chris Rogers

    Legislator

    The program is overseen by the Federal Health Resource and Service Administration, known as hrsa. HRSA certifies which healthcare facilities can qualify as covered entities under the 340B program. One important requirement is that covered entities must serve a high population of low income patients.

  • Chris Rogers

    Legislator

    Covered entities must be recertified every year by HRSA and they must comply with all program requirements such as being prepared for audits from manufacturers or from the Federal Government. 340B allows covered entities to buy at a discount and charge full price to insurance. That generates savings that they reinvest into patient care.

  • Chris Rogers

    Legislator

    According to HRSA, the program is meant to help covered entities and this is a quote stretch scarce resources as far as possible, reaching more eligible patients and providing more comprehensive services. These savings are typically used to Fund under reimbursed or underfunded services like sliding fee scale programs for patients without coverage or those with high deductible costs.

  • Chris Rogers

    Legislator

    The benefit of being able to sell the drugs on med excuse me. The 340B program is a voluntary program for drug manufacturers to participate in and I think that that's really important to understand.

  • Chris Rogers

    Legislator

    The participants must agree to participate in the program in order to have their drugs sold in the Medicare Part D, which is a huge market and a captive audience for folks. The benefit of being able to sell the drugs in Medicaid is that to be able to do that, they have to provide a public benefit.

  • Chris Rogers

    Legislator

    That's the 340B program. It's a fair trade off. They get access to more people. They reinvest in local communities. But since 2020, many drug manufacturers have introduced restrictions that diminish the ability of covered entities to use contract pharmacies to dispense 340B medication. These restrictions have meant a cut in access. For districts like mine.

  • Chris Rogers

    Legislator

    These restrictions often limit health centers to one in house pharmacy or one contract pharmacy location per clinic system, requiring data sharing and strict and restrict the drugs that qualify for the 340B pricing. This makes it harder for covered entities to use contract pharmacies near their patients to dispense the 340B medications.

  • Chris Rogers

    Legislator

    These limitations have huge impacts across the state. And again for context, my district is 300 miles long. A little bit more than that. Some of these restrictions say that people have to access contract pharmacies within 40 miles of where they are receiving care.

  • Chris Rogers

    Legislator

    If a clinic system can only dispense a 340B medication out of a pharmacy in Humboldt County, for instance, people are not going to drive from Mendocino County. That means that the covered entity will not get the pass through savings because the patients will fill the prescription at a pharmacy near them instead of the 340B location.

  • Chris Rogers

    Legislator

    The discriminatory practices also impact covered entities in urban areas, especially those who serve undocumented communities. If a clinic System can only dispense 340B drugs at one in house pharmacy, they are being staked out by Ayes, which we have seen documented in California in the charity district.

  • Chris Rogers

    Legislator

    That means that undocumented patients won't go there to pick up their medications. These medications are often critical to managing health conditions. Sometimes they're life saving, but most folks won't risk deportation to get their care. The contract pharmacy restrictions also meant clinic systems can't contract with multiple pharmacies that cover the areas they serve.

  • Chris Rogers

    Legislator

    Pharmacy deserts are a problem in California. More contract pharmacy arrangements would guarantee access in low income areas, which helps keep pharmacies doors open at a time when our state could be on the hook for massive Medicaid cuts. We just approved an additional $2.8 billion for MEDI California before we left for our break.

  • Chris Rogers

    Legislator

    We should be protecting access to funding generated by the 340B program. AB 1460 prohibits a prescription drug manufacturer from engaging in discriminatory practices that would interfere with certain covered entities ability to purchase and deliver 340B drugs. Similar legislation has already passed in 13 other states, including Louisiana, Minnesota, New Mexico, Utah and Kansas.

  • Chris Rogers

    Legislator

    It's not a red or a blue issue. It's an access issue as evident by those states that have considered this legislation. I have two expert witnesses with me today to speak on how these restrictions have impacted their access to the 340B drug program in both urban and rural clinics.

  • Chris Rogers

    Legislator

    I have Tori Starr from Open Door Clinics in my district. We have Leslie Abasta, the CEO of Livingston Community Health in Turlock. Thank you so much.

  • Mia Bonta

    Legislator

    Thank you. You'll each have two minutes.

  • Tory Starr

    Person

    Great. Hi, I'm Tori Starr. I'm the RN and the CEO of Open Door Community Health Centers. Appreciate the opportunity to come and give testimony to you to this really important bill on the contract pharmacy restrictions. A little bit about Opendoor. I also am providing the rural perspective. We're up behind the Redwood curtain.

  • Tory Starr

    Person

    So we serve the two northwestern counties in California and Open Door. Like most community health Centers in a rural area is really the largest provider of prim care, behavioral health, dental and OB services. We also serve the entire community. So only 50% of open doors patients are medi Cal. The rest are Medicare or commercial patients.

  • Tory Starr

    Person

    So this Bill has an impact on all those populations. I want to tell you a little bit story about how things have evolved in Humboldt. Our community suffers from a deteriorating pharmacy ecosystem. Patient access has been shrinking for more than a decade. Five years ago, Open Door only worked with contract pharmacies, mostly independents.

  • Tory Starr

    Person

    Everyone benefited from the 340B savings program. But as the pharmaceutical companies tightened access in a variety of ways, primarily through contract pharmacy restrictions, the ecosystem declined rapidly. Opendoor was forced to open a pharmacy three years ago to fill the gap of needs for our patients.

  • Tory Starr

    Person

    It costs us more than $6 million a year to run that pharmacy service at barely over cost. But our patients need those services. Over the last five years, our savings from the 340B program has decreased by $13 million annually. And with that decrease in funding has been a decrease in our ability to serve our community.

  • Tory Starr

    Person

    People wonder what we use the 340B program for. I'll give you a couple examples. Our Member services program which connects and their families to coverage and services has allowed us to get to an uninsured rate of only 3.5%. We even be able to build out pharmacy services to fill the gap in our pharmacy ecosystem.

  • Tory Starr

    Person

    We've been able to support our residency programs and we've also been able to develop behavioral health training programs. So I really encourage the Committee to be able to support this really important piece of legislation. Help stabilize primary care across the state.

  • Mia Bonta

    Legislator

    Thank you. You have two minutes.

  • Leslie Abasta

    Person

    I turn myself off. Okay. Madam Chair, Committee Members, My name is Leslie Abasta and I am the CEO for Livingston Community Health. Federally qualified health care system serving Merced and Stu count county. So the Central San Joaquin Valley.

  • Leslie Abasta

    Person

    I also have the pleasure of serving as the Executive Director for the California Partnership for Health who is a proud co sponsor of AB 1460. I think the.

  • Leslie Abasta

    Person

    What I would like to share with this Committee most and to point out is that over the past five years, very similar to my colleague at Open Door, Livingston was also forced to look at opening a pharmacy on site as well. Because the restrictions were affecting our patients and the communities that we care about so much.

  • Leslie Abasta

    Person

    We had to open our doors, which not only is a costly program to open, but also takes quite some time to open.

  • Leslie Abasta

    Person

    In the State of California, the arbitrary restrictions that have been introduced at the contract pharmacies that Livingston and other health centers work with are sometimes not known to us or our patients until they show up to the pharmacy.

  • Leslie Abasta

    Person

    And sometimes that affects people that are suffering from diseases like hepatitis C and HIV, where those meds are the most important for them to maintain access to.

  • Leslie Abasta

    Person

    I will advocate that AB 1460 ensures that the California safety net providers and covered entities can continue to use those contract pharmacies and at the end of the day provides unlimited access to our patients to choose the pharmacy that they would like to use so long as they're contracted with their provider.

  • Leslie Abasta

    Person

    And last but not least, I will also say that opposition to this and as well as what my colleague has also pointed out is that those cost savings that we are able to achieve are used for programs that benefit all patients that are seen through our system. And in some cases that also includes transportation.

  • Leslie Abasta

    Person

    Transportation for patients that aren't covered by Medi Cal. We still see anywhere from 12 to 15% residually uninsured patients inside of our system that otherwise would not benefit from this program or the 340B savings. So I strongly urge an aye vote from this Committee. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Any others in support, please come forward. State your name, position on the bill and affiliation.

  • Mark Farouk

    Person

    Hi Mark Farouk on behalf of the California Hospital Association. Just want to note we're in support of the current Bill in print. Unfortunately the amendments remove us. Hoping we can continue that discussion to keep California safety net hospitals in the bill.

  • Dennis Romero

    Person

    Thank you Madam Chair Members. Dennis Cuevas Romero with the California Primary Care Association Advocates proud co sponsor of the bill.

  • Allison Barnett

    Person

    Thank you Allison Barnett on behalf of Sutter Health and concur with CHA about keeping hospitals in thank you.

  • Molly Mallow

    Person

    Molly Mallow with Edelston, Gilbert Robeson and Smith on behalf of Planned Parenthood Affiliates of California and strong support. Thank you.

  • Meagan Subers

    Person

    Megan Subers on behalf of the Los Angeles LGBT center in support.

  • Jen Chase

    Person

    Jen Chase on behalf of the University of California. I would concur with Cha's remarks that we support the Bill in print and would encourage hospitals to remain in the bill. Thank you.

  • Sarah Arseneau

    Person

    Sarah Arseneau on behalf of WellSpace Health serving the Sacramento area in strong support. Thank you.

  • Rolando Javez

    Person

    Rolando Javez with Altamed Health Services and strong support. Thank you.

  • Megan Allred

    Person

    Megan Allred on behalf of San Ysidro Health and strong support.

  • Caleb Sanford

    Person

    Caleb Sanford on behalf of El Dorado Community Health Centers and full support. Thank you.

  • Stephanie Jimenez

    Person

    Stephanie Jimenez on behalf of Providence St. Joseph's Health and Support.

  • Kelly Brooks

    Person

    Kelly Brooks on behalf of the California Association of Public Hospitals and Health Systems were in support of the bill in print. They thank you.

  • Nicette Short

    Person

    Nisette Short on behalf of Adventist Health, Loma Linda University Health, Rady Children's Health and again support the bill in print and look forward to more conversations with the author's office.

  • Mia Bonta

    Legislator

    Affiliation Name and organization please only and your position on the bill, yes or no?

  • Sylvia Shaw

    Person

    Sylvia Solish on behalf of the California Academy of Child and Adolescent Psychiatry in support and also in support on behalf of the Board of Supervisors for the County of Merced. Thank you.

  • Mason Vega

    Person

    Hi Mason Vega here on behalf of the Family Health Care Network and United Health Centers and strong support

  • Ida Dharnidharka

    Person

    Hello, Ida Darnidarkha on behalf of the California Partnership for Health and the Central Valley Health Network and strong support.

  • Jonathan Clay

    Person

    Madam Chair Members Rand Martin on behalf of the AIDS Healthcare Foundation, a 340B covered entity and strong support.

  • Jonathan Clay

    Person

    Jonathan Clay on behalf of the USC Keck School of Medicine echoing CHA's comments.

  • Unidentified Speaker

    Person

    Thank you.

  • Lily Doran

    Person

    Lily Doran, Community Clinic Community, Clinic Association of Los Angeles County in strong support of the bill. Thank you.

  • Unidentified Speaker

    Person

    On behalf of APL Health in strong support.

  • Awed Kadani

    Person

    Good evening. Ahmed Kadani representing the California Children's Hospital Association, echoing my colleague from Support or oppose supporting the bill. Thank you. Thank you. Madam Chair.

  • Mia Bonta

    Legislator

    Are there any primary witnesses in opposition? Thank you. You'll each have two minutes.

  • Asher Lisec

    Person

    Good afternoon, Chair Woman Bonta and Members of the Committee. Asher Lisec from PhRMA, for the record. I'd like to preface my testimony today by underscoring that PhRMA supports the original intent of the 340B Program. But we believe it is in need of reform and that can only comprehensively happen at the federal level.

  • Asher Lisec

    Person

    The goal of AB 1460 and similar legislation is often represented- misrepresented as a prescription access issue. Scripts provided to patients at 340B covered entities can now and always have been able to be filled at any pharmacy location. In fact, most patients filling scripts provided by 340B entities aren't aware the facility is even a program participant.

  • Asher Lisec

    Person

    What AB 1460 will do is reduce transparency and increase overall healthcare costs. Why? Because the spread that goes to the entities between the highly discounted price and the reimbursement from payers, the non discounted price, is absorbed by health insurance and unfortunately, more increasingly, the patients who are prescribed that medicine.

  • Asher Lisec

    Person

    Exacerbating matters is the volume of drugs purchased at 340B pricing has exploded more than tripling in the last decade, and despite manufacturer choices to restrict distribution starting in 2020, the program has continued to grow at 24% per year due to vertical integration,

  • Asher Lisec

    Person

    PBMs like CVS have become the major beneficiaries of the growth, and they don't have to use the portion of the spread that they get to go towards individual patient costs or to the communities in which they are located. Furthermore, the growth in contract pharmacies isn't happening in the communities that need it most.

  • Asher Lisec

    Person

    Even with limitations to clinics, this bill would benefit over 1800 out of state contract pharmacies, including hundreds in Texas and Florida. And it increases cost to the state. Last year, the North Carolina treasurer issued a report detailing how 340B entities charged state employees massive markups for oncology medications.

  • Asher Lisec

    Person

    For example, it found that 340B entities billed the State of North Carolina 84.8% more than other providers that were not 340B entities. In closing, I want to reiterate that PhRMA is committed to comprehensive reform of the 340B Program. But it must happen at the federal level and we are committed to doing that with the FQHC in Congress.

  • Mia Bonta

    Legislator

    You'll have two minutes.

  • Ifeoma Udoh

    Person

    Good evening. Thank you, Chair Bonta and Members of the Health Committee. My name is Ifeoma Udoh. I'm a proud Oakland resident and I am the Executive Vice President of an organization called the Black Women's Health Imperative. It's really wonderful to be here in partnership I hope soon with some of the other speakers today.

  • Ifeoma Udoh

    Person

    But I want to talk about how we are seeing 340B and particularly how AB 14- 1460 is really impacting black health. We are the oldest organization, national organization dedicated solely to improving the health and wellness of this nation's 22 million black women and girls.

  • Ifeoma Udoh

    Person

    I am a public health scientist, a qualitative researcher and someone who translates data into actions and policy based recommendations to change health systems systems. Which is why I'm here today. On its surface, AB 1460 looks like a bill that would improve access to medicines for low income Californians. But it does not.

  • Ifeoma Udoh

    Person

    By enabling the unlimited and completely unchecked use of contract pharmacies within the federal 340B drug pricing program, this bill gives for profit hospitals treating the affluent private health systems and PBMs even more flexibility to unethical- to unethically profit. The program is a lifeline for Ryan White, HIV AIDS clinics, FQHCs and specialty centers.

  • Ifeoma Udoh

    Person

    By appro- By appropriately using the 340B savings to provide free or low health- low cost medicines and support ancillary services, the program helps combat systemic inequities and improves health outcomes. However, dozens of reports and investigations have found that bad actors leverage the lack of oversight to pad bottom lines.

  • Ifeoma Udoh

    Person

    When specifically considering contract pharmacies originally intended for 340B covered entities that did not have in house pharmacy, it found time and time again that they were rarely located in the same zip code of the patients in need.

  • Ifeoma Udoh

    Person

    In fact, in the State of California of the contract pharmacies, just 8.6% of those are in rural areas despite California's- despite 22% of California-

  • Mia Bonta

    Legislator

    I have to ask you to wrap up your comments.

  • Ifeoma Udoh

    Person

    -being considered rural. By amending AB 1460 to include transparency and reporting and accountability metrics similar to what is requested at the federal level, we would be able to really determine and monitor how the contract pharmacies are using the invest the monies that come out of 340B to reinvest into the communities that they serve.

  • Mia Bonta

    Legislator

    Thank you. Is there any other opposition? Please come forward. State your name, affiliation and position on the bill.

  • Scott Suckow

    Person

    Scott Suckow, Liver Coalition of San Diego, Inpatient Advocates United San Diego. Opposition.

  • Sam Chung

    Person

    Sam Chung with California Life Sciences, opposed to AB 1460.

  • Moira C. Topp

    Person

    Good evening. Moira Topp on behalf of Biocom California. In opposition.

  • Alex Khan

    Person

    Alex Khan on behalf of the California Chronic Care Coalition, in opposition.

  • Beth Malinowski

    Person

    Good evening. Beth Malinowski with SEIU California. We do not have an opposed position. But I just want to acknowledge we did submit a letter of concern. Appreciate the dialogue with the committee on those concerns. Continue to have concerns, relates to accountability and transparency. And want to. Second remarks have been made on that.

  • Mia Bonta

    Legislator

    We understand you have a tweener, apparently. Thank you. With that, I will bring it back to the committee for any questions or comments.

  • Chris Rogers

    Legislator

    Madam Chair, before- before we go to questions, can I respond to the opposition?

  • Mia Bonta

    Legislator

    No. We will have an opportunity to have the. You want to respond to the opposition?

  • Mia Bonta

    Legislator

    Please go ahead.

  • Chris Rogers

    Legislator

    Correct.

  • Chris Rogers

    Legislator

    Yeah, so just a couple of things. So first of all, one of the statistics that's been thrown around is around the growth of the program, and that's a red herring and not the flex that I think that the opposition thinks that it is.

  • Chris Rogers

    Legislator

    Part of why you see a growth in the program is because of two factors. One is that HRSA has actually expanded covered entities to include hospitals, which it did not previously have. So you had more covered entities able to distribute the drugs. That doesn't mean that people who aren't qualified are getting them.

  • Chris Rogers

    Legislator

    It means more people who previously were qualified and didn't have access have access. The second reason is because oftentimes you have to have individual contracts for each of the different contract pharmacies and each of the different pharmaceuticals.

  • Chris Rogers

    Legislator

    So when they talk about the growth in zip codes that are outside of California, they're largely talking about my district because local pharmacies have been put out of business. And when you have specialty pharmaceuticals, you have to get like special cancer drugs.

  • Chris Rogers

    Legislator

    Sometimes the only remedy that you have is to contract with specialty pharmacies that aren't located here or massive pharmacies that produce many different types of drugs to be able to distribute. So the opposition based on that is proving the point of why this program is necessary and really important in rural communities.

  • Chris Rogers

    Legislator

    Next, they talked about fraud or what they've seen around fraud. While there are some bad actors and we're happy to work with them to limit that, we have been consistently asking what that looks like so we can craft rules and regulations in this bill to address it. And none have been provided to us.

  • Chris Rogers

    Legislator

    And in fact, the study that you heard is from North Carolina because they had to go all the way across the country to get an egregious example, because we are not seeing that same effort here in California. We're seeing better actors here when it comes to transparency.

  • Chris Rogers

    Legislator

    Right now, all of the drug manufacturers can ask for an audit, so can HRSA.

  • Chris Rogers

    Legislator

    And in fact, every single year, each of these covered entities have to be recertified by HRSA, which means that they have to keep all of their data up to date, ready for an audit at any time if they are found to be covering entities that aren't people, patients that aren't qualified, they can lose their certification under HRSA if they are found to be doing anything inappropriate in the program, the same.

  • Chris Rogers

    Legislator

    It does happen from time to time where audits find deficiencies and people are told to fix them. But oftentimes what we're hearing is a lot of really good actors that are having limited access because of concerns about a couple of bad actors. We're happy to work with them to address the bad actors.

  • Chris Rogers

    Legislator

    And then in terms of the increasing costs again, and you heard the testimony that some people think that this is about the cost of the prescription drugs that's part of the program. But don't lose sight of the fact of two things. One, pharma does not have to opt into this program.

  • Chris Rogers

    Legislator

    They do so because it gives them access to more people. It's a captive audience. They are still making money. And in fact, one of the entities that threw in an opposition letter had a 40% increase in profits last year. Their cost per share or their earnings per share, their EPS last year went up by 102%.

  • Chris Rogers

    Legislator

    So even while they are seeing an expansion in covered entities, which means an expansion in covered eligible patients, they are still seeing profits go up. So it's not as big of a dilemma as they say that it is. And in fact, these funds are oftentimes covering people who are underinsured or have no insurance.

  • Chris Rogers

    Legislator

    And we frequently talk about the societal cost of that when people show up at the emergency room to get care rather than being able to have access at a, at a health clinic. The last thing. And then I'll turn it over to questions.

  • Chris Rogers

    Legislator

    To be covered by the 340B Program, these patients have to have an existing health relationship with their health clinics. These aren't people who are coming just to get discounted prescription drugs. They don't even know that they're getting prescription drugs at a discount oftentimes.

  • Chris Rogers

    Legislator

    But these are people who rely on those services in these communities and these funds are reinvested so that they continue to have care. I just don't want us to lose sight of that, that it's about the people. And while we're talking about the restrictions on contract pharmacies, the data is all about how many contract pharmacies.

  • Chris Rogers

    Legislator

    What we're actually talking about is providing care in different communities that don't have access oftentimes. And again, like my district, like the majority leaders district, I just also want.

  • Mia Bonta

    Legislator

    To clarify that you are accepting the Committee Amendments?

  • Chris Rogers

    Legislator

    Yes. Yep.

  • Mia Bonta

    Legislator

    Do you want to speak to those amendments?

  • Chris Rogers

    Legislator

    Yeah. So the amendments actually limit the bill to federally qualified health clinics. And it also adds in some of the transparency language that folks have been asking for.

  • Mia Bonta

    Legislator

    Thank you, Assemblyme- Majority Leader Aguiar-Curry.

  • Cecilia Aguiar-Curry

    Legislator

    First of all, I want to thank you, Assemblymember Rogers and the chair. Thank you very much for the work to protect access to 340B Program and to push back against restrictions on contract pharmacies. This is a really important issue for patients across the straight- across the state.

  • Cecilia Aguiar-Curry

    Legislator

    So that being said, I do have some concerns about removing hospitals from this bill. Just doesn't make sense. But in rural and underserved areas like mine, hospitals play a critical role in providing affordable medications and care to MediCal patients and others in need.

  • Cecilia Aguiar-Curry

    Legislator

    Limiting their ability to use contract pharmacies could mean patients have to travel long distances just to get medications they need. And I've seen that personally, going miles and miles to get their prescription. I truly appreciate the work that's gone into this bill.

  • Cecilia Aguiar-Curry

    Legislator

    And I would welcome continued conversations about how we can better support our rural hospitals and make sure affordable care stays within reach for all of our communities. Thank you very much for your work on this Bill, and I'll be in support of it today.

  • Chris Rogers

    Legislator

    I appreciate that and I share the same concerns and I'm happy to continue to work with you.

  • Mia Bonta

    Legislator

    Thank you. Assemblymember Schiavo.

  • Pilar Schiavo

    Legislator

    Thank you so much. I know this has been a heavy lift and there's been a lot of discussions happening across the board on this issue. I've had a lot of discussions in my office as well. And, you know, but I think you're-

  • Pilar Schiavo

    Legislator

    I grew up in a rural community, even though I represent a very urban community of Los Angeles now. My- My family still lives there, friends still live there, and I know how hard it is to be able to get the care you need when you need it in these communities.

  • Pilar Schiavo

    Legislator

    I share with the majority some concerns about taking out hospitals. I think that that's an important component as well. But I, you know, I do especially, I sit on the Health Budget Subcommitee as well.

  • Pilar Schiavo

    Legislator

    And I feel like it has to be said, I mean, we're just in a hearing yesterday talking about Title 10 funding being cut from, I assume, your clinics that will be impacted by this. Right. We're seeing a- a decimation of our clinic systems by the federal government right now that is going to have profound impacts.

  • Pilar Schiavo

    Legislator

    Profound impacts. And so, you know, as, as has been mentioned, this is an optional program. You know, pharmaceutical companies can choose to opt in or not. But it does provide really critical care and critical support for these clinics that are really, especially now, we're going into a time of suffering, of cuts.

  • Pilar Schiavo

    Legislator

    People are cutting staff already, they're cutting services already, they're cutting care already. And so, you know, this is going to be even a more important lifeline, I feel like, as we go into unchartered waters when it comes to our- our healthcare system and our network of clinics around the state.

  • Pilar Schiavo

    Legislator

    And I, you know, welcome the folks representing clinics here to expand upon that if that's something that you're experiencing.

  • Unidentified Speaker

    Person

    I- I would just concur with what we as clinic leaders are seeing right now. And we are expecting to see, you know, potential cuts to Medicaid or MediCal here in California. California, expanded coverage. We've not done a great job at expanding access.

  • Unidentified Speaker

    Person

    And I think when we look at programs that are designed to serve the most underserved, which is who we provide care to, we can't- we could not take another loss or another cut of what we're already anticipating.

  • Unidentified Speaker

    Person

    And I would just echo, we serve the entire community. So a cut to Medicaid means it's going to impact how we serve our Medicare and our commercial patients. So you can't disrupt one part of the system and think the rest are not going to be impacted. So we're deeply concerned about the Medicaid cuts and.

  • Mia Bonta

    Legislator

    Just want to clarify for the committee that the. The hospitals can still avail themselves of the 340B Program. This has been limited to be able to ensure that we have the ability to apply the particular use case that for clinics to the additional components of this bill. I think Assemblymember Patel and then Assemblymember- oh, Krell.

  • Mia Bonta

    Legislator

    Okay, go ahead.

  • Maggy Krell

    Legislator

    Thanks so much, Madam Chair and Assemblymember Rogers. I appreciate the goal of this bill, you know, in order to help rural clinics and the FQHCs. I'm concerned about the amends that it would actually exclude some of the clinics that should be covered, like Planned Parenthood clinics, for example, that aren't FQHCs.

  • Maggy Krell

    Legislator

    But also, I cannot support the bill because I'm concerned about the 340B Program and the way that it's been taken advantage of throughout the country. To me, this seems like a way to double down on a program that we've already seen flaws and it would increase those flaws.

  • Maggy Krell

    Legislator

    I know that this is something that is being worked on from a bipartisan standpoint in Washington right now. We've seen across the country how patients have actually not benefited from 340B, even though it's designed as something to give discounted drugs to patients instead.

  • Maggy Krell

    Legislator

    The- The people that benefit are the middlemen, the pharmacy benefit managers, sometimes the hospitals, sometimes the clinics. I know that's not the intent here, but I think we have to keep our eye on the ball in terms of the overall financing of the healthcare system and of these drugs, which is something that's complicated.

  • Maggy Krell

    Legislator

    And although I sympathize with the clinics especially, I've heard from many of them and even one within my district, and I'm committed to figuring out how we can find sustainable funding for the clinics. I think that's of the utmost importance, but I don't think this is the way to do it.

  • Maggy Krell

    Legislator

    My probably biggest concern is the one that SEIU kind of flagged in their- in their concern letter, and that's around transparency. I don't think, even with the amends, that this bill really scratches the surface of the transparency issues with this program. And I think this bill would exacerbate it.

  • Maggy Krell

    Legislator

    So I- I cannot support it today, but I wanted to at least be able to express my concerns so that we could continue to try and work through this.

  • Mia Bonta

    Legislator

    I just want to state Assemblymember Krell, that the amends actually do include beyond FQHCs and would include clinics like Planned Parenthood. Just for clarification.

  • Maggy Krell

    Legislator

    Thank you. Thank you.

  • Chris Rogers

    Legislator

    And also if I- if I might, Chair, one of the questions that I've gotten from a number of committee members is about the PBM issue. And so to be really clear, PBMs don't get a cut of the 340B savings. There's a standard pharmaceu- pharmaceutical fee for dispensing, but the 340B savings go directly back into your clinic systems.

  • Chris Rogers

    Legislator

    I will also say if your concern is additional transparency, especially given the fact that each of the drug manufacturers and HRSA can ask for an audit, I'm more than happy to work with you on what that might look like to satisfy your concerns.

  • Chris Rogers

    Legislator

    There's a delicate balance always between access to data and then also understanding that this is people's health data as well. It's worked out. We've offered to- to build a system that works to be able to provide that access to that data and that transparency. If you have specific concerns, I'm all ears.

  • Asher Lisec

    Person

    Madam Chair, may I respond to the comment about PBMs? So-

  • Mia Bonta

    Legislator

    Actually, no. I'm going to ask Assemblymember Patel to ask her question and then we can open it up for other comments.

  • Darshana Patel

    Legislator

    Thank you, Madam Chair, and thank you, Assemblymember, for bringing this bill forward. You have highlighted a very crucial problem within our healthcare system, and that is our federally qualified healthcare clinics, our rural hospitals. And, frankly, most of public health care that's out there is really struggling under the weight of increasing health care costs across the system.

  • Darshana Patel

    Legislator

    I do have concerns around this bill and would love to explore some of those more with you and going forward. But specifically, I have a few questions, if you can indulge me. One of them is currently under the 340B Program.

  • Darshana Patel

    Legislator

    What are the oversight and accountability measures or transparency measures that are in play, and what would the amendments that you've accepted from the committee do differently from what is already existing?

  • Darshana Patel

    Legislator

    And I'm looking for specifically, you know, looking at duplicate cases and opportunities for cost accounting around that, the benefits, knowing exactly where those dollars are going, what percentage goes directly to healthcare, what goes to, you know, administrative salaries, overhead, and what passes on to other entities.

  • Chris Rogers

    Legislator

    Yep, absolutely. Let me find my notes on all of the things that they currently do. And by the way, our amends, especially bringing in clinics, have higher reporting requirements than the hospitals as well. So that was part of the discussion as well.

  • Chris Rogers

    Legislator

    So there's already a federal and then with this, an additional state prevention from duplicate discount, which we have heard as a concern from certain folks. So the way that that works is that when a physician administers their drug claims, they're required to use different modifiers and how they report it. So there's a UD modifier and an 08.

  • Chris Rogers

    Legislator

    It informs DHCS that a 340B purchase drug was used for the claim. What that ends up doing is it removes it from the rebate system for the claim in the drug manufacturer's rebate invoice and it ensures that the drug manufacturer is not subject to the duplicate discount.

  • Darshana Patel

    Legislator

    Can I ask you a clarifying question? What is the order of priority in that decision making process? Does it go to the rebate system first? Does it go to the 340B system first? Does it go through Medicare first?

  • Chris Rogers

    Legislator

    Yeah, so it's actually, it's a great question. So as I understand it, and I'm happy to have one of our experts talk about it, the clinics actually have to designate how they're going to use the 340B first.

  • Tory Starr

    Person

    We have a very rigorous reporting requirements in order to remain as a covered entity. And we have to delineate where we're going to actually use those savings that we get from the program. And so each year we're able to delineate where those are going.

  • Tory Starr

    Person

    And they tend to go in the same places just because we have the same needs along those lines. And I don't know the exact mechanics behind that, but we have a whole infrastructure just to keep track of everything going on with 340b because of the reporting requirements that we have.

  • Leslie Abasta

    Person

    Yeah. And then I'll just add too, in a lot of clinic systems, we also, we do self audit because HRSA also requires every quarter that we go in and ensure that, you know, you have. The right contract pharmacies aligned with the right organizations that the, you know, addresses are correct, that everything is right where its supposed to be..

  • Leslie Abasta

    Person

    A lot of clinic systems do work with independent auditors to ensure that there's not diversion duplicates with duplicate discounts, ineligible patients getting those savings.

  • Darshana Patel

    Legislator

    Thank you for that. To PhRMA. To the representative from PhRMA, I'm trying to understand the cost accounting for these benefits. Can you clarify whether PBMs do get any of that benefit or does it all go directly to the clinics?

  • Ashore Elistic

    Person

    Thank you, Assemblymember Patel, for the question. So I think what we saw initially when PBMs entered the system through contract pharmacies was this idea of a flat rate dispensing fee. What we have seen over time is that PBMs have wanted to take more of that spread for themselves.

  • Ashore Elistic

    Person

    So, for instance, we have seen some contracts, like the model contract for Walgreens that has become publicly available through a FOIA process from a city or local entity wanting to contract. And in their standard contract, on top of the $13 dispensing fee, they're also keeping 13% of the cost of acquisition for the drug.

  • Darshana Patel

    Legislator

    So it's the $13 dispensing fee plus the 13% of the cost of the drug. And in fact, there isn't a lot of transparency information that has been made publicly available, especially by states. I think it's because four years ago there wasn't even a conversation about 340B in the States.

  • Ashore Elistic

    Person

    We have seen the State of Minnesota come out with their first transparency report late last year. They found that there was around $600 million of 340B revenue in the State of Minnesota and there was $120 million of that that went to third party payers such as the third party administrators, the PBMs and the contract pharmacies.

  • Ashore Elistic

    Person

    So it is a pretty significant amount according to the transparency information that is available in the states.

  • Darshana Patel

    Legislator

    And in this program would this be more of leveraging a loophole or is this fraud?

  • Ashore Elistic

    Person

    I don't. I think that PBMs are in private for profit companies are looking to make a profit and they, they have found a way to make a profit off of this program. And so that's what they're doing. And I do think that clinics are trying to be compliant with the program.

  • Ashore Elistic

    Person

    The hard part comes when you leave the clinic, because when you're in a clinic or in a hospital, it's clear all of the drugs that are dispensed are obviously for 340B patients because they're there in the hospital. When you go out to a CVS, you have people coming in with prescriptions from all over the place.

  • Ashore Elistic

    Person

    So they could be a CVS Minute Clinic prescription, which is, I think we would all put in the bucket of clearly not eligible. Or they could be a prescription from UC Davis, like where I go, that is a 340B prescription. The problem is they're dispensing drugs in real time.

  • Ashore Elistic

    Person

    They don't think about whether it's 340B when they're dispensing the drug. But on the back end they have to figure that out. And so they hire third party administrators to go through and try to figure out which claims are 340b and which ones aren't. The reality is it's messy and so there are mistakes made.

  • Ashore Elistic

    Person

    In fact, when HRSA has done audits which are somewhat rare, you know, we saw 144 audits in 2024. There was seven done uncovered entities in the State of California and six had findings and required repayment to manufacturers.

  • Ashore Elistic

    Person

    And it's because once you leave the clinic, it just gets complicated on who's eligible versus who's not because they're serving both patient populations.

  • Mia Bonta

    Legislator

    I would encourage the committee to be focused on the 340B program right now. So we have two pieces of legislation that are going to be considered. One today around PBMs.

  • Mia Bonta

    Legislator

    And I think there's an acknowledgement in the Legislature and another coming through the Senate, an acknowledgement in the Legislature that we, that our PBMs as they stand now are quite problematic. I'm not denying that they kind of play into this.

  • Mia Bonta

    Legislator

    But I think it's important for us to stay focused on the 340B program to the extent that we can. Your last question?

  • Darshana Patel

    Legislator

    So my last question is around the sustainability of the funding around the 340B program. Having worked in the biotech industry, I do understand that most drugs have a patent life of 20 years. And as they come off patent, then would they would be coming out of the 340B program, I would imagine.

  • Darshana Patel

    Legislator

    Additionally, when we look at sustainability of the program, I have concerns that the cost would just shift to middle class working families. At some point someone has to bear the cost of drug manufacture. And if it's not going to be from one place, it's going to be from another.

  • Darshana Patel

    Legislator

    And I think fundamentally the 340B program is flawed. It's doing way more than it was intended to do. And I just still have lingering concerns about expanding the program. I want to find ways to protect and sustain funding for our clinics, our rural hospitals, Planned Parenthood.

  • Darshana Patel

    Legislator

    There's so many entities that are going to be in tremendous need going forward, especially considering the title funds that are going away. I'm just not ready to think this is the way to do-- It's like putting band aid on a gusher. It's not going to solve the problem.

  • Mia Bonta

    Legislator

    Assemblymember Carrillo and then Assemblymember Schiavo.

  • Chris Rogers

    Legislator

    And if I could, really fast Chair, again, I want to pull it back to what the bill is actually about because all of the smoke and mirrors around cvs, first of all, CVS is no longer in the bill.

  • Chris Rogers

    Legislator

    But second, this is why I wanted to make sure that the committee understood that what we're talking about is people who have a relationship with their health clinics. They can't just be one offs trying to get prescriptions.

  • Chris Rogers

    Legislator

    So even before the amendments, whether it was CVS, Walmart, any of these other entities, the savings still go back to the clinic that serves the people. That's the way that it's designed.

  • Chris Rogers

    Legislator

    And while I can understand the questions about transparency, and again, happy to work on transparency, if Pharma would like to work on the PBM issue, we're happy to work with them on that issue as well. I hear it's not transparent. And then I hear but oh wait, HRSA finds all of this fraud.

  • Chris Rogers

    Legislator

    Both of those things can't be true. And I think that they're extrapolating small data--seven that were found to have deficiencies across the United States and then using examples from places like North Carolina.

  • Chris Rogers

    Legislator

    Because while there are some bad actors, the reality is that this program is mostly used by people who are doing it correctly, at least attempting to do it correctly, auditing with independent auditors to provide care in their communities.

  • Darshana Patel

    Legislator

    Madam Chair, one follow up question to that. So are you saying that I'm just trying to understand, patients who are not from the clinic, who are not benefiting, who didn't get a discounted script? Private payers, when they get their prescription dispensed, that pharmacy is not using a discounted drug.

  • Chris Rogers

    Legislator

    Sorry, repeat the question.

  • Darshana Patel

    Legislator

    So I'm a private payer. I go to a pharmacy that's contracted with San Ysidro Clinic in my district. Would that prescription that's being dispensed be part of the 340B program?

  • Chris Rogers

    Legislator

    So if you are a covered entity, if your clinic is a covered entity, even if you are not necessarily a low income or vulnerable population, but your clinic serves a substantial percentage of people who are, that covered entity gets the 340B savings to come back and reinvest in that clinic.

  • Mia Bonta

    Legislator

    Assemblymember Carrillo.

  • Juan Carrillo

    Legislator

    Thank you, Madam Chair. I am also concerned with the healthcare that is lacking in my district too. Access to healthcare. I do represent rural areas as well. My question really has to do with hospitals being taken out.

  • Juan Carrillo

    Legislator

    Was that the thinking of doing that, an attempt or an effort to help those distressed hospitals, which I have two in my district, but they're distressed hospitals. They try to get bonds. They haven't been successful.

  • Juan Carrillo

    Legislator

    Also because they're dealing with retrofitting issues, as we know, was taking them off an attempt or a way to see if these hospitals can survive because they're also struggling to stay open.

  • Mia Bonta

    Legislator

    Assemblymember. I'm happy to answer that question because it was a committee amendment. So we wanted to be able to focus the use case of FQHC--again, first of all, hospitals still have the ability to avail themselves of the 340B program. That is, first and foremost a very important thing to hold your rural hospitals as well.

  • Mia Bonta

    Legislator

    Second, we wanted to be able to align this piece of legislation to the limited use case of FQHCs and the community clinics, recognizing that there seem to be other concerns around supposed fraud and abuse that were beyond what that primarily were in the space of hospitals.

  • Mia Bonta

    Legislator

    And so in order to be able to focus this committee's energy, we decided to focus it on FQHCs and community clinics and the offer has been made to this author should he decide to move forward with another bill that focused on the 340B program in its application to hospitals, rural hospitals and specialty hospitals.

  • Mia Bonta

    Legislator

    The committee is certainly open to that, and I've made that commitment to these other stakeholders as well.

  • Juan Carrillo

    Legislator

    Well, thank you for the clarification.

  • Mia Bonta

    Legislator

    Gonzalez, then Addis.

  • Mark Gonzalez

    Legislator

    I have a lot of thoughts, but I'm gonna condense it. So, look, I want to thank the Chair and I want to thank the staff for working on this. I want to thank the author. We've had multiple conversations over probably the last three or four months over this. You're still Mr. Rogers be my neighbor.

  • Mark Gonzalez

    Legislator

    So we're cool there. But for me, look, I was a President of a clinic for about 13 years. I served on a hospital board for about another eight years. And I say that because I know what this 340B program is. I know what it's about.

  • Mark Gonzalez

    Legislator

    Obviously, we know that with, with this outpatient drug program with the Federal Government, whose goal with this program is to help vulnerable populations to gain that better access to medicines. Specifically, hospitals have to qualify as well as clinics in order to get those dollars, first and foremost. And it could be nearly even a 60% discount.

  • Mark Gonzalez

    Legislator

    Part of that is that covered entity usually keeps about what's twice what the manufacturer makes. So there's no direct benefit to the patient. To my understanding, what's hard for me is that there's no clear evidence that, that the contract pharmacies are helping those vulnerable communities access those particular dollars.

  • Mark Gonzalez

    Legislator

    For me, I think to answer some of the other pieces, it's very simple. This is about people over the profits and we've heard that in many rallies and other sayings. But I think that in Los Angeles specifically, I represent the fifth poorest district in the state.

  • Mark Gonzalez

    Legislator

    It could even take maybe three hours to get from one side of my district to the other. Rural is one thing, traffic is another, and accessibility is part of that.

  • Mark Gonzalez

    Legislator

    But I think that because these dollars have been so scrutinized in the way that they've been used for non patients like paying former council members or paying folks, campaigns and others, that has been the discrepancy and the problem with the program as it has existed.

  • Mark Gonzalez

    Legislator

    And so that's why there is a distrust with how certain bad actors are utilizing those dollars that are supposed to be for patient care and they're not because they're supposed to expand clinic hours, sliding scale prescriptions, patient education, transportation assistance.

  • Mark Gonzalez

    Legislator

    But those bad actors are unfortunately been sort of looped in on this and you and I have spoken about. The biggest piece for me is the claims data which I think needs to address if it gets out today to get to the floor, which is huge for for most of our members.

  • Mark Gonzalez

    Legislator

    Part of that transparency applies to that program. I think we just learned about these amendments falls a little short, but I think that that's what we're working on and that's what you've committed to me as well. Clinics particularly are the primary stewards of the 340B program.

  • Mark Gonzalez

    Legislator

    And the patient gets those discounts and they're reinvested back into those areas. But we don't necessarily know that or see that. And so again, I represent again like you, high populations, lower income, supposed to get the public benefits.

  • Mark Gonzalez

    Legislator

    To address the piece on undocumented, what's concerning on that, on the ICE raids is that I don't want to weaponize that. And I think we have to be very careful how we highlight that piece of it, especially when it comes to data and transparency, because I don't want clinics or hospitals putting out data to our undocumented community.

  • Mark Gonzalez

    Legislator

    And then therefore it kind of counterintuitive to your argument on our folks who are a vulnerable population who are then being penalized just forgetting their medicine. So you know, this program in itself, from what I understand is going to be realigned and HRSA's audit, I'm going through several HRSA audits. Number 19 has a good score.

  • Mark Gonzalez

    Legislator

    If you know what that means, you get it. And I have tons of letters from my district about this particular bill.

  • Mark Gonzalez

    Legislator

    But their realignment of this program is going to be whether or not the clinics or hospitals, in this case the clinics are seeing the right number of patients, whether they're financially stable and whether or not the cost per visits are efficient.

  • Mark Gonzalez

    Legislator

    And part of that is also the reality that we are seeing a 20% drop off of the undocumented community who benefit from those clinics. And of course, those dollars are also being used to help meet minimum wage standards and staffing, which is also key.

  • Mark Gonzalez

    Legislator

    And also the cost of supplies, the cost of supplies for these clinics are going extremely up. And so those dollars are supposed to be geared toward that. But again, we don't see see that. So my ask of you to the author is to focus on the accountability piece.

  • Mark Gonzalez

    Legislator

    There's a lot at stake and the amendments for us move very quickly. And again, I want to just thank the Chair for her work on that as well.

  • Mark Gonzalez

    Legislator

    But just from you, Mr. Rogers, I just need a commitment to include the basic transparency in that bill with that ability on the claims data piece and of course, how 340B dollars are being spent on, on that patient care, both the collection piece of it and on the claims and the clear data reporting.

  • Chris Rogers

    Legislator

    Yeah. And we've talked about this, and I'm happy and can commit to working with you on the transparency in the claims portion. I do want to just push back on one thing because we keep hearing that patients don't see the benefit. There's no benefit to patients.

  • Chris Rogers

    Legislator

    That's actually the opposition's framing of what this program is supposed to be. This program was designed first and foremost to support the covered entities that support vulnerable populations.

  • Chris Rogers

    Legislator

    So whether they see the benefit, the vulnerable populations sees and knows that they have the benefit or not, I'd argue that when people say that there's no benefit for the patients, that the clinics that are keeping their doors open as a result of this program are benefiting the patients because if they have to close their doors, as we've heard, many are very close to doing, particularly with what looms at the federal level, I can guarantee that that will harm patients.

  • Chris Rogers

    Legislator

    So. But I appreciate and I commit and continue to work with you.

  • Mia Bonta

    Legislator

    And I'll just say, Assemblymember, I know that you also have a piece of legislation that is going to focus more specifically on ensuring that there is more But through. Through the clinic. In General.

  • Mia Bonta

    Legislator

    So I think that there's a very nice complement between the bill here and the bill that you are about to.

  • Mark Gonzalez

    Legislator

    And I appreciate that and thank you for flagging that. And I just want to address that I'm a clinic user myself. I go to my own clinic still.

  • Mark Gonzalez

    Legislator

    But I think the concern is that there are other clinics who are absorbing these clinics that are closing and utilizing those dollars rather than the patient care they're just absorbing and getting bigger and bigger. And so I think it's just a concern about whether those dollars are actually being reinvested as they are supposed to be.

  • Mark Gonzalez

    Legislator

    Again, the Federal Government, that's where we're trying to figure out. And I appreciate you again. Thank you.

  • Ifeoma Udoh

    Person

    Madam Chair, may I speak? Thank you. I would like to speak because I don't want words to be put into my mouth about being here in opposition. I have worked in public health for a long time, specifically cut my teeth in the world of HIV here in the Bay Area.

  • Ifeoma Udoh

    Person

    I have seen how 340B works and works to support programs in the most vulnerable populations, particularly in California. The issue that we are raising today and that we would like to continue to partner and be in dialogue with is this issue of transparency.

  • Ifeoma Udoh

    Person

    And I really want to thank Assembly person Gonzalez for really putting the words in my mouth that actually are what we went to speaking about today, this issue about understanding where the dollars that are coming from, the drug pricing and the benefits from using the Federal Program from 340B.

  • Ifeoma Udoh

    Person

    There are standards and programs that have done this really well, such as the HIV programs. We want to see those standards that HRSA has in place across all kinds of public health issues. We want to see it done for cancer. We want to see it done for heart disease.

  • Ifeoma Udoh

    Person

    We want to see it done for medications that address all of the issues where you're seeing disparities in drug access.

  • Ifeoma Udoh

    Person

    And I think that big issue is what we are not seeing play out in terms of the rules of transparency and reporting, particularly in the differences between how FQHCs and public health institutions have to report versus private health institutions have to report.

  • Ifeoma Udoh

    Person

    And the issue is not just that the 1992 Bill that was passed, it was exactly meant to be one of a safety net, but it's that the way that the transparency and the reporting guidelines work do not translate across public and private.

  • Ifeoma Udoh

    Person

    We want the fairness and the equity around that reporting at both the public entities in the same way that the private entities should have to report on what they're doing with those funds. We want those funds to go back to social workers in the clinic. We want those back funds to go back to transportation.

  • Ifeoma Udoh

    Person

    We want those funds to be worked in that way. But we want to see the reporting of where that funding actually goes.

  • Mia Bonta

    Legislator

    Appreciate that. Thank you. Assemblymember Addis.

  • Dawn Addis

    Legislator

    Thank you so much. And I want to thank the author, I also thank the opposition for explaining your position and all of my colleagues and of course our Chair for, for her extensive work on the Bill.

  • Dawn Addis

    Legislator

    I think, you know, as I'm kind of reading the synopsis from my staff at the very crux this is about patient access and about folks who don't have access near them. Between you and I, we represent 50% of California's coast.

  • Dawn Addis

    Legislator

    And along that 50% of coast there are many, many areas where you have to travel huge, huge distances and sometimes run into disasters such as landslides or other areas where you just can't get through and, and potentially cannot get to the healthcare that you need. And so I really wanna commend you for thinking about that.

  • Dawn Addis

    Legislator

    I understand that 340B is incredibly complicated. There's a lot wrapped up in this. But I'd like to go back to the heart of what this Bill does, which is expands access for people. That's really what we're trying to get at. I do have a concern around the hospitals. I would say I definitely will support the Bill today.

  • Dawn Addis

    Legislator

    I hope you continue the conversation around hospitals. I did hear the chair's comments and appreciate her work when it comes to hospitals.

  • Dawn Addis

    Legislator

    But representing an area that number one, has some of the highest hospital health care costs in the state and then number two, really lacks care, it's a huge concern to me to not being including those so I want to appreciate your work. I don't know if the bill's been moved. I'm happy to move the bill.

  • Dawn Addis

    Legislator

    I'm going to support the bill today. And just do want to I guess last kind of comment and question is I've heard you say multiple times that you're willing to work on transparency. It sounds like that is the most important thing to the opposition. At least that's what I heard in this hearing right now.

  • Dawn Addis

    Legislator

    So I'm going to trust you to continue to do that. We're going to look for that if this gets to the floor. And then I'll reiterate if you could continue to please keep working with the hospitals. Thank you.

  • Mia Bonta

    Legislator

    Assembly Member Sharp-Collins.

  • Lashae Sharp-Collins

    Legislator

    Thank you, Madam Chair. I want to thank the author for bringing this issue forward. The 340B program undisputedly does so much good for the people across California.

  • Lashae Sharp-Collins

    Legislator

    As we navigate the complexities of our 340B program, I do recognize that it has a vital importance in providing affordable medication to our most vulnerable communities, particularly in the underserved areas where healthcare access remains a critical challenge. I believe that this legislation does strike that careful balance.

  • Lashae Sharp-Collins

    Legislator

    And this program helps a lot of people in my district. People from the underserved communities and vulnerable patient population. While we must preserve and also protect this essential program, we also need to acknowledge the legitimate concerns about bad actors and ensure that--

  • Lashae Sharp-Collins

    Legislator

    that we are implementing and also safeguarding things to that actually maintain its original mission, the mission that my colleagues have already addressed. But our approach must be a balanced one. Expanding access to vital medication with responsible oversight that prevents any unintended consequences or even misuse.

  • Lashae Sharp-Collins

    Legislator

    But I want to additionally say is that I deeply value inclusive decision making. Okay. And I believe everyone deserves a seat at the table. I've been saying that and everything else that I've always done.

  • Lashae Sharp-Collins

    Legislator

    And as a result, I personally have made myself and my staff available to all stakeholders in regards to this conversation for this bill. We've been talking about it for a very, very, very, very long time and has always been in the spirit of honesty and also transparency.

  • Lashae Sharp-Collins

    Legislator

    But that's why I have to say that I am disappointed and frankly, I find it to be unacceptable when false information from lobbyists is circulating about my position on this particular issue.

  • Lashae Sharp-Collins

    Legislator

    It's even more concerning when my name is being used without my actual consent in an attempt to mislead or even influence my colleagues that serving here, I mean regards to which way they should decide to vote. I know that I was not alone in being treated this way.

  • Lashae Sharp-Collins

    Legislator

    And so today I want to speak out not only for myself, but also for my colleagues.

  • Lashae Sharp-Collins

    Legislator

    I do take strong offense to this tactic and I will not allow any misrepresentation to undermine the honesty and the respectful dialogue that we've been having that I like to believe that we were having and that my colleagues have had with everyone involved as well.

  • Lashae Sharp-Collins

    Legislator

    I strongly believe that we can work together and we will disagree at times, and that is okay. But it must be done with respect and consideration for one another. As I mentioned, this program absolutely does wonders for my district, though I've heard about the problems elsewhere.

  • Lashae Sharp-Collins

    Legislator

    I've heard about, you know, some of the other concerns as well that are currently here. And do know that I do share in some of these concerns as well. But I do want to thank the author and also the Chair for the amendments that helped to continue this strong discussion.

  • Lashae Sharp-Collins

    Legislator

    And I also want to thank the stakeholders on both sides. Okay. For your willingness to deliberate on all of this honestly up until today, to be honest with you, in regards to which way this bill was going to go.

  • Lashae Sharp-Collins

    Legislator

    And I know that we were all rushing to see this, to read it in the process and to understand the amendments as it was going to be issued out. But that being said, I want you all to know that in my voice today that I will be supporting this measure as we're moving forward.

  • Lashae Sharp-Collins

    Legislator

    I am committed to collaborating with all stakeholders to strengthen this vital program and ensuring that we continue access to affordable medication for those who need it the most. So now I've stated my position on my own without someone trying to interpret that for me.

  • Mia Bonta

    Legislator

    Thank you, Assemblymember Sharp-Collins. I really appreciate that there has been a lot of discussion about this bill over time. And the toughest thing as legislators, I think, is when there is misinformation about our positions. And I appreciate your direct conversations with me, with the author and with your colleagues.

  • Mia Bonta

    Legislator

    And I very much appreciate that. I also just want to address the, an open issue around the claims data. There, there was a deep concern and kind of the tie of the claims data to transparency just for the sake of the committee to wrestle with this.

  • Mia Bonta

    Legislator

    There was a definitely a significant difference of opinion around the both the onerousness of the claims data and, and the utility of the claims data. And for those reasons, at this stage in the process, I asked the author to remove that as an aspect of the bill.

  • Mia Bonta

    Legislator

    With the commitment to continue to work with the author and all stakeholders to identify something that would be amenable for continued review of this bill. Assembly Member Stefani.

  • Catherine Stefani

    Legislator

    Thank you, Chair Bonta, and thank you to the author for bringing this bill forward. And I too, wanted to be able to do my independent research around this very important bill.

  • Catherine Stefani

    Legislator

    It's a very important program that in my opinion, needs a lot of help and it does need a lot of reform at the federal level. But I did spend most my spring recess reading about the 340B program. So I blame you for that, Assemblyman Rogers.

  • Catherine Stefani

    Legislator

    The lawyer in me probably went way too deep on some of these things. And I just, like I said to you last night on the phone, I want to thank you for being a nice guy who hears bad news when I said to you that I wasn't yet comfortable supporting the bill today.

  • Catherine Stefani

    Legislator

    And that's because of the independent research that I did on my own. And I just have this feeling and I can't shake it and I said it to everyone that I've met with on this bill that there's something intrinsically wrong with, with much of what we're talking about around transparency.

  • Catherine Stefani

    Legislator

    And have I been able to articulate it perfectly? No. And I think it's almost designed that way because it's so confusing. But what I did find that, you know, you mentioned HRSA a lot.

  • Catherine Stefani

    Legislator

    And in 2018, the United States Government Accountability Office said in a report that they found weaknesses in HRSA's oversight that impede its ability to ensure compliance with its 340B program requirements at contract pharmacies. And then it lists all the reasons why, which I'm not going to read.

  • Catherine Stefani

    Legislator

    But I just left the research with the feeling that something more needs to be done that's bigger than this bill. And I just not feeling that we are there yet in weeding out the problems with contract pharmacies and duplicate charges and rebates. And it just to me does not yet make sense.

  • Catherine Stefani

    Legislator

    And also with taking the hospitals out, that's fine. I know Chair Bonta has spoken to that. But I still have UCSF in my district who has a real problem with that. And I then have a real problem with that because of the health care that they do deliver to the people that we're trying to help.

  • Catherine Stefani

    Legislator

    So that is an issue that I'm still struggling with. And then of course, we get the SEIU concerns yesterday, which Assemblymember Krell spoke to as well, that I have concerns with too. So as of yet, where I am sitting now, and based on all of that, I'm just not yet comfortable voting yes on this bill.

  • Catherine Stefani

    Legislator

    I admire you for tackling it and taking it on. It's a huge problem. And the clinics in my district, I want to do everything I can to support them. But right now I don't see that this bill is a path to do that.

  • Catherine Stefani

    Legislator

    And I look forward to our continued work together to make sure that we are doing everything we can to support our clinics. But for me, this bill is not feeling right for me for that purpose. So thank you again for your work on the bill, but I cannot support it today.

  • Mia Bonta

    Legislator

    There's been much discussion on this bill. I want to appreciate the committee for the very thoughtful engagement over our spring recesses and prior to that and certainly in this moment. Assemblymember Rogers for bringing forward a bill and that has caused us all to be able to deeply think about a program.

  • Mia Bonta

    Legislator

    I just want to reiterate for the committee that this is a program that is in existence, that is operating in our hospitals, in our clinics right now, that we are all taking, all of our communities are taking advantage of right now. And I really appreciate Assemblymember, you're kind of pulling us back into.

  • Mia Bonta

    Legislator

    And Assemblymember Addis kind of the core of what you are trying to do with the existing program. This Bill is not trying to eradicate the 340B program.

  • Mia Bonta

    Legislator

    So I think all of the concerns that Assembly Members Patel and Stefani have raised and others and Krell have raised are extant problems that need to be addressed with the 340B program.

  • Mia Bonta

    Legislator

    And I also want to recognize that as a state, we have limited ability to do that and are operating with the confines of what we have the ability to do within the state. Given the fact that this is a federal program with that Assembly Member would you like to close?

  • Chris Rogers

    Legislator

    Yeah. First of all, I just want to thank everybody for taking the time to have a very robust conversation. Apparently 340B and roosters for the majority leader spending a lot of time this year. But look, I think the Chair just framed it perfectly that the 340B program could use changes.

  • Chris Rogers

    Legislator

    And I think that that's why you've seen substantively similar legislation to this that has passed and been signed in North Dakota, South Dakota, Minnesota, Nebraska, Utah, New Mexico, Missouri, Arkansas, Mississippi, Louisiana, West Virginia, Maryland, and is currently being debated in about 15 other states as well.

  • Chris Rogers

    Legislator

    Because I think that the program was intended and does support a very critical segment of our community. We know how fragile our social safety net is. And especially at this time, we need to invest in. Does that mean that it's perfect? No.

  • Chris Rogers

    Legislator

    And as I've committed to all of you to continue to work on the transparency aspect, I've offered that to the opposition as well. If they have amendments related to transparency, I'm happy to look at it.

  • Chris Rogers

    Legislator

    But I'm also looking at it through the lens of not allowing that to be used as a way to make this program unusable for the communities that need need it.

  • Chris Rogers

    Legislator

    So want to try to be able to strike that balance between providing the data that makes people comfortable with the program while also not making it so onerous that folks who don't have additional staff to be able to do additional reporting requirements, like our health clinics that are barely staying open, that we find that right balance to make sure that the program is used appropriately.

  • Chris Rogers

    Legislator

    With that, I respectfully ask for your aye vote. And I just want to thank everybody for staying with us so late in this Committee hearing.

  • Mia Bonta

    Legislator

    Thank you. We have a motion. Can I have a second? Second Schiavo. With that secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is do pass as amended. [Roll Call]

  • Mia Bonta

    Legislator

    That has nine votes. That Bill is out. Thank you. Thank you Committee Members. Time for a little bit of stretch break as we move to please like literally get up. This is a Health Committee. We shouldn't be the unhealthiest Committee ever. We'll move on as everyone is taking a bit of a stretch to item number 18 AB645. Carrillo

  • Mia Bonta

    Legislator

    All right, Committee Members, we are going to move on to Item Number 18, AB 645, Carrillo.

  • Mia Bonta

    Legislator

    Thank you so much, Assemblymember.

  • Juan Carrillo

    Legislator

    Good evening, Madam Chair and Members. Thank you for allowing me to present Assembly Bill 645. I also want to recognize Julia Muad, in the office, for her work on this Bill. Really appreciate the work that she did on this Bill. And then, I just want to start by accepting the Committee's amendments.

  • Juan Carrillo

    Legislator

    I appreciate the commitment—the Committee staff's work on this Bill—and I believe the amendments help us better meet the intent of the Bill. This Bill seeks to improve emergency medical services by requiring public safety dispatchers to complete Emergency Medical Dispatch, or EMD, training.

  • Juan Carrillo

    Legislator

    Dispatches are often the first—first responders—to the first voice a person hears in a life-or-death emergency. We owe it to Californians to ensure those voices are trained and equipped to save lives. Currently, California has no statewide standard for dispatchers' training. While some jurisdictions require EMD certifications, many, especially in rural areas, do not have that.

  • Juan Carrillo

    Legislator

    That means a person's chance of receiving lifesaving, pre-arrival care can depend on whether they leave or not, and that is unacceptable. In cases of cardiac arrest and other life-threatening emergencies, every second counts. According to the American Heart Association, immediate bystander CPR can double or triple survival rates, yet fewer than half of cardiac arrest victims receive CPR before emergency responders arrive.

  • Juan Carrillo

    Legislator

    EMD training equips dispatchers with the tools to guide callers through CPR, the Heimlich maneuver, and other critical steps that can help save lives before help arrives.

  • Juan Carrillo

    Legislator

    Studies shown that when dispatchers provide step-by-step instruction over the phone, bystanders are significantly more likely to perform these lifesaving maneuvers. This Bill is aimed at attempting California—I'm sorry—this Bill is aimed at helping California save their family members, their friends, their neighbors, when they're experiencing an emergency.

  • Juan Carrillo

    Legislator

    Today, I have with me James Pierson, California Ambulance Association Board Member and President of Medic Ambulance.

  • Mia Bonta

    Legislator

    Thank you.

  • James Pierson

    Person

    Thank you, Assemblymember Carrillo. Good evening, Chair Bonta and esteemed Members of the Assembly Health. My name is James Pierson. I am the President of Medic Ambulance Service—operates in seven counties with 675 employees.

  • James Pierson

    Person

    Today, I am here before you as immediate past President of the California Ambulance Association, advocating for sponsored Bill—Assembly Bill 645—a crucial piece of legislation that will require emergency medical dispatching for all emergency medical services calls.

  • James Pierson

    Person

    Every moment matters in an emergent situation. When a call for help is made, the seconds that tick by can mean the difference between life and death, yet all too often, callers are left without guidance they desperately need while waiting for emergency services to arrive.

  • James Pierson

    Person

    AB 645 addresses the urgent need, by ensuring that every emergency medical call receives professional medical dispatching, complete with pre-arrival instructions tailored to the specific situation. This requirement is not just beneficial, it is essential. Medical pre-arrival instructions empower laypersons to provide immediate assistance, whether it's performing CPR, managing emergency bleeding, or aiding someone who is choking.

  • James Pierson

    Person

    By equipping callers with the knowledge, they need during those critical moments, we can improve outcomes and save lives throughout California. Moreover, establishing a proficient process for providing these instructions strengthens our entire emergency response framework.

  • James Pierson

    Person

    A cohesive dispatch process allows first responders to arrive on scene and be better prepared with vital information about the situation they are entering. Additionally, AB 645 promotes consistency in emergency medical dispatching statewide, reduces variations how communities respond to emergencies.

  • James Pierson

    Person

    In closing, the implementation of emergency medical dispatching for all emergency calls for AB 645—645—is a proactive step towards saving lives and enhancing the quality of emergency care throughout California. We believe it's a right of every Californian to receive these lifesaving telephonic instructions when they call 911. Access to that care in every community is vital.

  • James Pierson

    Person

    And I thank you very much for your time today, I strongly urge your support. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Are there any others in support of this measure? Moved by Schiavo, seconded by Patel.

  • Sean Sullivan

    Person

    Good evening. Sean Sullivan, with the California Ambulance Association and strong support.

  • Mia Bonta

    Legislator

    Thank you.

  • Eddy Stamp

    Person

    Eddy Stamp, NorCal Ambulance, strong support.

  • Ramit Sahi

    Person

    Hello. Ramit Sahi, NorCal Ambulance, strong support.

  • Alexander Armendariz

    Person

    Alexander Armendariz, with NorCal Ambulance, in strong sport.

  • Mike Dowad

    Person

    Mike Dowad, Medic Ambulance Sacramento, in support.

  • Unidentified Speaker

    Person

    Grady, Pro Transport One, in support.

  • Suzanne Johnson

    Person

    Suzanne Johnson, Medic Ambulance Sacramento, and I am in support.

  • Lisa Curlee

    Person

    Lisa Curlee, Medic Ambulance. Strongly support.

  • Mia Bonta

    Legislator

    Thank you. Is there any opposition to this Bill? You got a KitKat for your opposition?

  • Mark Smith

    Person

    Did somebody drop their health food on the floor?

  • Mia Bonta

    Legislator

    No one on this dais did. Absolutely not. Please go ahead. You'll have two minutes.

  • Mark Smith

    Person

    Thank you. Madam Chairwoman, Members of the Committee, Mark Smith, on behalf of CALNENA, the California Chapter of the National Emergency Number Association. We represent the voice of 911 dispatchers.

  • Mark Smith

    Person

    While we did write an "opposed unless amended" letter on the Bill, I want to revise that to say we do have some concerns about the way that the Bill is proposed to be implemented.

  • Mark Smith

    Person

    First, we do agree that the amendments that are proposed to be taken, to exempt law enforcement from the mandates of EMD training, is absolutely appropriate. So, as an example, if you were to call 911 from this room, that call is going to go to a law enforcement dispatch center.

  • Mark Smith

    Person

    Here in Sacramento, it's either going to go to Sacramento Police or Sacramento Sheriff. They're going to ask you what your emergency is. Is it police, fire, or medical? If it's fire or medical, it's immediately going to get transferred to an EMS dispatch center. So, a secondary PSAP.

  • Mark Smith

    Person

    Across the State of California, most of those secondary dispatchers are trained and have EMD certification. We believe, as dispatchers, that everybody that calls 911 should have access to the type of lifesaving instructions, that the sponsors of the Bill just mentioned. Our concern is twofold.

  • Mark Smith

    Person

    One, if you require law enforcement to do it, you're actually delaying the process of providing help, because they're not going to triage the call, send emergency response out, because they're going to be giving instructions over the phone. So, that call has to be transferred to the right type of dispatcher to provide the on—over—the phone instruction.

  • Mark Smith

    Person

    The second thing is we don't know whether we want this to be done at the statewide level or the local level. Right now, we're leaning towards the local level.

  • Mark Smith

    Person

    And the reason for that is because there are already successful examples of regional collaboration, at the local level, where EMD-offered dispatch is being provided to the entire community and we don't want a statewide standard coming in on top of that, that might disrupt what's happening within local communities.

  • Mark Smith

    Person

    The sponsors have noted the reason for the Bill is that there seem to be places in the state where there are gaps where this training is not appropriately provided. We believe those are best addressed, again, at the local level. Have a couple other things I'd like to, if you.

  • Mia Bonta

    Legislator

    Nope, your two minutes are up.

  • Mark Smith

    Person

    Okay. All right. So, for these reasons we remain concerned about the Bill. We look forward to working with the author on the implementation.

  • Mark Smith

    Person

    Again, we don't disagree with the notion, but we want to make sure that the policy is rolled out in a way that does not affect what's already happening well at the local level and can provide the services...

  • Mia Bonta

    Legislator

    Thank you.

  • Mia Bonta

    Legislator

    Thank you. Is there any other opposition to this Bill? Seeing none. I will bring it back to the Committee for comment or question. Assemblymember Patterson?

  • Mark Smith

    Person

    Thank you.

  • Joe Patterson

    Legislator

    Great. Thank you. Just wanted to say I'm very interested in the concerns that were expressed, but in—so, in my town, when I was on a City Council, if you called 911, notwithstanding CHP, or you know, a pickup like that, it went to our police dispatch.

  • Joe Patterson

    Legislator

    And I would hear, often, concerns about, you know, maybe—and 70% of the calls or something like that, by the way, were EMS—and so, it was something that was expressed concern with, hey, you know, we could use additional training, you know, from, from the fireside, you know, to—for the police dispatch and cause a little, I mean, just to be honest, cause a little bit, you know, in some of the smaller cities, like, you know, the police departments usually house the, the dispatch and I think that's great, but.

  • Joe Patterson

    Legislator

    But I do think on the local level, you know, we would like, you know, to resolve it, but I am interested in what you're working on, and I'm going to lay off today, only because I actually agree with that—where I think where you're trying to go with this Bill.

  • Joe Patterson

    Legislator

    But, but I do think there are some things that need to be worked out. The Sheriff's Office, for example, in Riverside, pointed out something—and I think that there are amendments that might address some of those things—but just wanted to see if you.

  • Joe Patterson

    Legislator

    If the training isn't necessary, or maybe the local governments already have something in place, is that something you'd be willing to?

  • Juan Carrillo

    Legislator

    Absolutely. Be willing to work on the implementation. In fact, we can look for a list working with the opposition to see, where is it working well, what small communities, and we can continue to work on that, to address those very same concerns. But if you want to add anything else.

  • James Pierson

    Person

    Yeah, I just want to say, you know, we have some communities, and I'll bring up Valeo, where we provide 911 service. Same issue, right? Fire and EMS, we don't get EMD. They just get the 911 call, and they disconnect. And so, when a baby's not breathing, that's not happening, and yes, you can have local policy.

  • James Pierson

    Person

    We have a local EMS policy for EMD, but it's not mandated and there's nothing statewide that mandates it. And that sometimes, in Solano County, I'll use specifically, we've been dealing with EMD since 1989. You know, our EMS cooperative was even created in '95, with one of the charter issues of defining EMD, and here we are in 2025.

  • James Pierson

    Person

    Hasn't been defined and you have to be local politics of who housed that call. And so, that's where this Bill can really, I think, help guide that. Right? And how do we get there?

  • James Pierson

    Person

    Because in underserved communities and rural communities, when we have a 15–20 minute response, which is a good response sometimes, in a rural community and somebody's not breathing or choking, they deserve to get that call. And I've been a paramedic for 20 years and I'm an EMD.

  • James Pierson

    Person

    And when you hear that call of a non-EMD center and an EMD center, especially when a baby's not breathing and choking, it's silence and it's deafening. That's really, you know, it's the standard that we need to provide for EMD. So, sorry about that.

  • Joe Patterson

    Legislator

    No, I appreciate it. I mean one thing I really appreciate about this Bill is it's going to force a conversation that I think we need to, you know, who knows what happens with the Bill at the end of the day, or what amendments you have taken.

  • Joe Patterson

    Legislator

    But I think this is a really important conversation for cities where there's one dispatch, right? And I know that a lot of communities will ultimately, and counties, will move to unified dispatch, I think so that'll kind of change it. But yes, sometimes local politics in going to unified dispatch gets involved, right?

  • Joe Patterson

    Legislator

    So, but I think this could force the conversation, ultimately. But I'm not quite there yet. But I hope you know we can get there by the time we get to the floor. I think it's a very—it's great to force the issue, you know, and start having the conversation.

  • Mia Bonta

    Legislator

    Majority Leader.

  • Cecilia Aguiar-Curry

    Legislator

    Thank you for bringing this forward. I'd like to be a co-author, if I'm not already.

  • Cecilia Aguiar-Curry

    Legislator

    I want to thank the men and women at the back of the room for what they do and I think if we can give them any kind of tool to make their job better, to give trust to our communities, it's well worth it. So, again, I'll be supporting the Bill today.

  • Juan Carrillo

    Legislator

    Thank you.

  • Mia Bonta

    Legislator

    Thank you. I don't see any other Committee comments. Assemblymember, you can close.

  • Juan Carrillo

    Legislator

    Well, as the opposition stated, the amendments we're taking today removes the law enforcement dispatchers from this Bill. AB 645 will ensure that every 911 caller, no matter where they're in the state, receives the same quality of life-saving support. And with that I respectfully asked for an "Aye" vote. Thank you.

  • Mia Bonta

    Legislator

    Thank you, Assemblymember, and the amendments that this Committee offered is—are going to be taken in emergency management, should the Bill pass out of Committee. With that, we have a motion and a second. I—please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Mia Bonta

    Legislator

    Assemblymember, are you voting on your own Bill?

  • Committee Secretary

    Person

    [Roll Call]

  • Mia Bonta

    Legislator

    That measures on call. We were now going to move to item number 20. AB785. Sharp-Collins. Moved by Rogers. Seconded by Addis. Go ahead. Whenever you like.

  • Lashae Sharp-Collins

    Legislator

    All right. Good evening, chair and members. Today I'm here to present AB785 on behalf of the Black Caucus as part of the road to repair 2025 package. AB785 will establish the Community Violence Interdiction Grant Program.

  • Lashae Sharp-Collins

    Legislator

    This bill will be administered by the California Health and Human Services Agency, which would ensure funding for community-driven solutions to decrease violence in our schools in neighborhoods as opposed to the continuation of incarceration. These funds would be secured savings, saving projected from any future prison closure within the state.

  • Lashae Sharp-Collins

    Legislator

    And I want to thank the chair and the committee staff for their work on this. And I do plan to continue to find ways to further strengthen the bill as it continues to move on. We continually are told that there is no money for programs known to decrease violence and also reduce incarceration.

  • Lashae Sharp-Collins

    Legislator

    Programs like school-based health, behavioral health, youth diversion, gang reduction strategies and also increase the recreational opportunities. By using funds from these preventative programs, we reduce the incarceration even further and focus on finding solutions to crime beyond the incarceration of our most vulnerable and underserved populations.

  • Lashae Sharp-Collins

    Legislator

    AB785 allows for true rehabilitation through putting an emphasis on the community and victims impacted. It gives them voice and reduces monetary expenditures accrued on imprisonment, which has not been shown to reduce recidivism. By maximizing impact of this funding, this bill will use funds which will invest into programs, which are known to prevent incarceration through proactive responses instead of reactive creating more funds for the programs to continuous closures.

  • Lashae Sharp-Collins

    Legislator

    Not only will this bill help the state capture cost savings and increase them with the reinvestment back into these programs, but it will be a revenue creator.

  • Lashae Sharp-Collins

    Legislator

    When we when we invest in our youth, we empower their lives resulting in the productive and also fruitful careers that invest back into the state in the forms of income tax, gas tax, mortgage and sales tax, just to name a few.

  • Lashae Sharp-Collins

    Legislator

    So frankly, as I sum it up, AB785 it to me it is a bill that we cannot afford not to pass. So, thank you. And with me I have in support is Ms. Capri Walker with California's for Safety and Justice, who would also add some additional comments.

  • Capri Walker

    Person

    Thank you. Good evening, chair and members. My name is Capri Walker. I'm here testifying in support of AB785 this evening on behalf of Californians for Safety and Justice. It is a tragic fact that gun violence is now the number one cause of death for American children.

  • Capri Walker

    Person

    Across California, thousands of traumatized young people survive shootings and other violent injuries each year. After these traumatic life-altering events, most receive treatment for their physical wounds, but they are returned to the same frightening circumstances in which they were violently attacked in the first place while still grappling with untreated trauma, toxic stress, and instability.

  • Capri Walker

    Person

    Our organization represents a network of over 50,000 crime survivors across California, and we often point crime survivors throughout the state. When they're asked, crime survivors overwhelmingly say they want investments in healing and violence prevention over more incarceration. However, the amount California spends on violence prevention and intervention pales in comparison to what the state spends on corrections.

  • Capri Walker

    Person

    Even with this being the case, silent cycles of violence and trauma is not inevitable. Community-driven programs across California have demonstrated that with meaningful and sustained investment, initiatives focused on interrupting the cycle of violence can achieve remarkable reductions in shootings and homicides.

  • Capri Walker

    Person

    By working to reach, heal, and protect the relatively small number of people at the highest risk, especially those who have been victims of violence and related traumas. California's progress has been hard won and there is good reason to believe that we can reach historic levels of public safety in the coming years.

  • Capri Walker

    Person

    But we cannot take our foot off the gas at this critical juncture. Funding must be scaled up to build the essential capacity needed to bring programs to scale so that they can effectively address increases in violence. AB785 is an opportunity to build safety and wellness in the communities that have been hit the hardest by violence.

  • Capri Walker

    Person

    We urge this committee to consider that this is an investment that will pay for itself many times over and one that will not only save lives, but also money. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Are there any others in support of this bill? Please come forward.

  • Molly Maula

    Person

    Molly Maula, representing Planned Parenthood Affiliates of California, in support.

  • Silvia Shaw

    Person

    Good evening. Silvia Solis Shaw here on behalf of the California Academy of Child and Adolescent Psychiatry in support. Thank you.

  • Monea Jennings

    Person

    Monea Jennings, on behalf of the Greater Sacramento Urban League, in full support. Thank you.

  • Mia Bonta

    Legislator

    Thank you. Are there any witnesses in opposition, or me-toos in opposition, seeing none. I'll bring it back to the committee. Assemblymember Krell.

  • Maggy Krell

    Legislator

    Just want to thank my colleague for bringing this important bill. I'm in full support of it, and I'd like to be added as a co-author if you'll have me.

  • Mia Bonta

    Legislator

    Moved by, oh, it's already been moved and seconded by Rogers and Addis. I want to thank the Assemblymember for bringing for this Bill and as she mentioned, this is a priority of the California Legislative Black Caucus. It comes out of the reparations task force.

  • Mia Bonta

    Legislator

    Recommendations that were made to make sure that we're using savings from our prison closures to repair harm in our state's communities, especially in our black communities, is a very important approach. And I appreciate the author for bringing her life's work into this bill. With that, would you like to close?

  • Lashae Sharp-Collins

    Legislator

    Just thank you, chair and members, and I respectfully ask for your aye vote.

  • Mia Bonta

    Legislator

    Thank you. We have a motion and a second. Please call the roll.

  • Committee Secretary

    Person

    The motion is do pass to appropriations. [Roll Call]

  • Mia Bonta

    Legislator

    That measures out, thank you. Assemblymember, we're going to move on to the last of the bills from committee members that is not the chair. And with that, we'll go to item number 38, AB1487, Addis. That is not correct, we have two more. Moved by Addis, seconded by Shiavo.

  • Mia Bonta

    Legislator

    Assemblymember, whenever you're ready. Thank you.

  • Dawn Addis

    Legislator

    Madam Chair, thank you. Since we have a motion and a second, maybe I will hold my statement and turn this over to my two witnesses. We have with us Ebony Harper, President and CEO of California Transcends, and Janetta Johnson, President and CEO of Transgender Gender Variant Intersex Justice Project.

  • Dawn Addis

    Legislator

    And just to reiterate, we are presenting on AB1487, the two TGI Wellness and Equity Fund. And I'll turn it over to the two of you.

  • Mia Bonta

    Legislator

    Please make sure to press the button so we can hear you.

  • Ebony Harper

    Person

    Am I on? I'm sorry. Thank you, Madam Chair. My name is Ebony Ava Harper, and I use she/her pronouns. In the early 80s, when I was just a little kid, I knew who I was. My mother could not see it. She's from Jamaica, my whole family's from Jamaica.

  • Ebony Harper

    Person

    They didn't know how to handle a little boy like me. I was naturally feminine, just like you see me today, minus the accessories. Instead of being loved and accepted, I was taken to the prayer lines and physically abused. Trying to beat the gay demon out of me. Sorry, but that's what happened.

  • Ebony Harper

    Person

    By 13, I knew I had to find a way out. I listened to something called, for all you LA folks, KNX 1070 News Radio, and they had a special about runaway teens in Hollywood. I lived in South Central, and I saw the 212 bus, which was on La Brea at the time.

  • Ebony Harper

    Person

    I don't know how things have changed. I've been in Sacramento for a while, but 212 bus, I saw it, I hopped on it, and I ended up on Santa Monica Boulevard. The streets were full of black and brown trans kids. This was 1992, trying to survive.

  • Ebony Harper

    Person

    There was a pipeline of us being kicked out of our homes or running away from home because it was abusive, right to the streets. We were out there alone, trying to stay alive. It took years before community support found me. Real people with real care helped me change everything.

  • Ebony Harper

    Person

    Because of the support, I was able to build a life. I became the first openly trans person hired at the California Endowment. Today, I serve as co-chair of the Lieutenant Governor's Transgender Advisory Council. Thank you. One last one, please last paragraph. We're living in a time where there's large-scale misinformation and fueling real harm.

  • Ebony Harper

    Person

    Young folks need support, and I believe this bill will support young folks and help them get the mental health help they need.

  • Mia Bonta

    Legislator

    Thank you. Please go ahead, you'll have two minutes.

  • Janetta Johnson

    Person

    Hi, my name is Janetta Johnson. I am the CEO of Miss Major Alexander L. Lee TGIJP Black Trans Cultural Center. I'm also the founder of the very first ever transgender district located in San Francisco, California. And we work with trans people coming directly out of prison and trans people that are currently in prison.

  • Janetta Johnson

    Person

    And we even take the opportunity to employ community members when they go up in front of the parole board, especially because we have a correspondence program where we correspond with our community, and we act as a surrogate family to support trans people coming out of prison.

  • Janetta Johnson

    Person

    We're a political home for people to come in and get the love and the support they need.

  • Janetta Johnson

    Person

    We have our reentry socioeconomic justice program, and a lot of this program is based on my experience being incarcerated and supporting trans people coming directly out of prison with 35 dollars an hour, 25 hours a week, subsidized housing, a complete wellness program with wraparound services.

  • Janetta Johnson

    Person

    And I think it's important that we continue to provide these services through workforce development and provide social, economic justice, and support trans people that are coming home from incarceration and providing them a safe opportunity. There's a large gap that trans people fall into when coming out of incarceration, and we've closed that gap.

  • Janetta Johnson

    Person

    But also we're underfunded within our work. We're not fully staffed because we don't have the funding to fully staff our organization and the work that we do within the community. So I'm asking y'all if y'all could please support this bill, AB1487, and support the work that we're all doing in our communities, trying to support our communities.

  • Janetta Johnson

    Person

    There's a lot of hate speech coming out. There's a lot of hate around the world that trans people are experiencing, and being denied access to various modalities. And it would be great if you guys could support us in supporting our community members and people coming out of incarceration.

  • Janetta Johnson

    Person

    We have a wonderful, robust program and a wonderful opportunity to support the most marginalized, disenfranchised community members that a lot of hate is being spewed to right now.

  • Mia Bonta

    Legislator

    Thank you very much. Is there any other testimony in support of this bill?

  • Craig Pulsipher

    Person

    Craig Pulsipher, on behalf of Equality California, in support.

  • Molly Maula

    Person

    Molly Maula, representing Planned Parenthood Affiliates of California, in strong support.

  • Kathleen Mossburg

    Person

    Kathy Mossberg on behalf of APLA Health, SFAF San Francisco AIDS foundation, and the Epidemics Coalition, all in support. We also had some colleagues who had to leave, so if I could read their names quickly. The Trans Latina Coalition, Pride at the Pier, National Health Law Program, and Parents of Glendale Unified School District are in support, thank you.

  • Ethan Lares-Salinas

    Person

    Ethan Lares-Salinas on behalf of ACLU Cal Action in support, thank you.

  • Christopher Sanchez

    Person

    Christopher Sanchez, on behalf of the Asian Americans Advancing Justice Southern California, in strong support.

  • Kelly Brooks

    Person

    Kelly Brooks, on behalf of the County Welfare Directors Association, here in support.

  • Meagan Subers

    Person

    Megan Subers, on behalf of the Los Angeles LGBT Center, in support.

  • Mia Bonta

    Legislator

    Thank you. Are there any primary witnesses in opposition? Seeing none. Any me too's in opposition? I'll bring it back to the committee then for comment or question. Seeing none. We have a motion and a second. Assemblymember Addis, would you like to open and close?

  • Dawn Addis

    Legislator

    I would respectfully ask for your aye vote.

  • Mia Bonta

    Legislator

    Thank you, Assemblymember Addis, wonderful modeling, and thank you so much to the witnesses for your testimony at this late hour. With that secretary, please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Mia Bonta

    Legislator

    Measure's out. Thank you, assembly member. As Assembly Member Patterson moves to the presentation table, we are going to do our votes of the committee beginning with consent so that we have shorter time to go. So beginning with the consent calendar. Secretary, please call the roll on consent.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    The consent calendar is out. Item one, AB 669, Haney is on call. We're lifting the call.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. Item 2, AB 384, Connolly for add ons.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That is measure still out. Item number three, AB 510, Addis lifting the call.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure is out. Item number four, AB 512. Harabedian.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. Item number 5, AB 539 Schiavo. Lifting call.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure is out. Item number six, AB 574, Gonzalez.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure is out. Item number seven, AB 220, Jackson.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure is still out. AB 302, Bauer-Kahan. Lifting call.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. Item number nine, AB 348, for add ons.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That bill's out. Passing temporarily on 10. Moving to item number 11, AB 371, for add ons, Haney.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That bill still is out. Item number 12 is on consent. Item number 13, AB 425. Davies lifting the call.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. Item number 14 is on consent. Item number 15, AB 543, for add ons. Gonzalez.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's still out. Item number 16, AB 573 for add ons. Rogers.

  • Committee Secretary

    Person

    Flora? Item 16.

  • Mia Bonta

    Legislator

    Item 16, AB 573 for ADAS.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That bill is still out. Item number 17, AB 592, Gabriel.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. AB 645, Item number 18, Carrillo. Lifting the call.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. Item 19's on consent. Item number 20, AB 785, Sharp-Collins.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. Item number 21, AB 835, Calderon. Lifting the call.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. Items 22 and 23 are on consent. Item 24 holding temporarily. Item number 25, AB 955, Alvarez. Lifting the call.

  • Committee Secretary

    Person

    Chen?

  • Mia Bonta

    Legislator

    Item 25. AB 955.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. Item number 26 is on consent. Item 27 we will hear momentarily. Item 28, AB 1088, Bains.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. Item number 29, AB 1242, Nguyen.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. Item number 30, AB 1267, Pellerin. Lifting the call.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. Item 31's on consent. Item 32, AB 1328, Michelle Rodriguez. Lifting the call.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. Item number 33, AB 1356, Dixon. Lifting the call.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That measure's out. Passing on 34 temporarily. Item 35 is on consent. Item 36, AB 1429, was pulled by author. Item number 37, AB 1460, Rogers.

  • Committee Secretary

    Person

    Flora? Flora, no.

  • Mia Bonta

    Legislator

    That bill is still out. Item number 38, AB 1487, Addis.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Mia Bonta

    Legislator

    That bill's out. Thank you so much for your patience, Assembly Member, Patterson. We are going to hear item number 27, AB 974, Patterson. Moved by Chen, seconded by Sanchez.

  • Joe Patterson

    Legislator

    Great. Well, thank you, Madam Chair and Members. I've let my witness go home today. But this is Bill that passed out of this Committee last year. It's A substantially similar Bill to help individuals with developmental disabilities who ensure that they can continue to keep their insurance coverage as. As the state transitions to managed care.

  • Joe Patterson

    Legislator

    And because of a little bit of a bureaucratic issue within the Department of Healthcare Services. And I'm hopeful, just a miscommunication that they've been. These individuals have been unable to use their own private insurance that they might get through their, you know, their. Their parents or. Or maybe their jobs and things like that.

  • Joe Patterson

    Legislator

    And they've been transitioned on a medical instead to a great expense to the state, and they've lost their specialists as a result. As you know, I've been working on this for now, three years. Last year, the Bill unfortunately was vetoed by the Governor, given tight timeline constraints.

  • Joe Patterson

    Legislator

    But what we've done is we've been working with the Administration and obviously also as you know, Madam Chair, I sit on the Budget Committee pertaining to healthcare, and I had asked the Director about this in Committee, and hopefully we can solve this at the end of the day without legislation. Actually, that would be great.

  • Joe Patterson

    Legislator

    Nothing would make me happier than to drop this Bill at some point. But until that time, I'd like to keep moving this Bill forward to ensure that we can ensure individuals with developmental disabilities can access the care that they're actually paying for. So with that, I'm happy to answer any questions from the Committee.

  • Mia Bonta

    Legislator

    Thank you. Are there others in support?

  • Mark Farouk

    Person

    Mark Farouk, California Hospital Association, in support.

  • Mia Bonta

    Legislator

    Thank you. Are there any in opposition? Seeing none now with questions or comments from the Committee? Seeing none. Assembly Member. I know that this has been a quite an investment of time and resources and energy for you, and you feel incredibly passionate about it and hopefully it will get resolved without legislation.

  • Mia Bonta

    Legislator

    But until that day, we will take a vote. We have a. We need a motion and a second on that move by Addis. Seconded by Patel. Would you like to close?

  • Joe Patterson

    Legislator

    Well, thank you to work view and the Committee for helping with this Bill and respectfully ask for an aye vote.

  • Mia Bonta

    Legislator

    Thank you. Please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Mia Bonta

    Legislator

    That Bill is out. And I am noting for the record that on the consent calendar, Majority Leader Aguiar Curry motions and Vice Chair Chen offers a second. Yes, thank you.

  • Unidentified Speaker

    Person

    Vice Chair, may I.

  • Phillip Chen

    Legislator

    I apologize. At your pleasure, Madam Chair.

  • Mia Bonta

    Legislator

    Thank you so much. We are presenting AB350, the respecting fluoride for Kids Bill. Good evening, Vice Chair and Members. I'm proud to present AB350, the respecting fluoride for Kids act, which will improve oral health outcomes for children throughout the state.

  • Mia Bonta

    Legislator

    A cavity is the most common chronic childhood disease and one of the leading reasons why children miss school. AB350 will ensure that children under the age of 21 enrolled in medical and commercial health plans receive the benefits of fluoride varnish, a topical form of fluoride known to help prevent or stop the progression of cavities.

  • Mia Bonta

    Legislator

    AB350 accomplishes two things. First, it expands the coverage of fluoride varnish to more youth enrolled in medi Cal and commercial health plans. And second, AB350 clarifies that when a person in a public health setting applies fluoride varnish as directed by medical provider, that the provider can receive reimbursement for the service.

  • Mia Bonta

    Legislator

    AB350 is especially timely and critical given that we need to ensure that every child has the ability to have fluoride in their community water systems. I urge an aye vote for AB350 to ensure that our kids are benefiting from fluoride varnish, especially at a time when preventative health measures are being threatened.

  • Mia Bonta

    Legislator

    With me today move the bill with very abbreviated testimony are Eileen Espejo, senior manager for Director of Health for Children Now, and Eric Doughty, senior legislative advocate for the California Dental Association. zero, maybe just one. Thank you.

  • Eileen Espejo

    Person

    Just me. Thank you. Good evening. Eileen Espejo, senior managing Director of health at Children Now and co-chair of the California Partnership for Oral Health. I'm honored to testify quickly about the need for AB350 to increase coverage of and access to topical fluoride varnish for kids enrolled in medi Cal and commercial health plans.

  • Eileen Espejo

    Person

    Prevention is the most powerful method against cavities, the most chronic childhood condition affecting kids today and one of the top reasons why they are absent from school. AB 350 is a critical opportunity, given current federal threats, to remove or ban fluoride in community water systems.

  • Eileen Espejo

    Person

    To ensure that this preventive benefit of topical fluoride varnish is offered to and utilized by children in primary care settings, including at schools where children can receive health services beyond children the age of 5 years for whom commercial and Medi Cal plans must provide fluoride varnish.

  • Eileen Espejo

    Person

    Children still go to school and they will still see their primary care physicians for, well, child visits. And especially if a child does not already have a regular source of dental care, these settings become even more critical to ensure that children are receiving preventive services such as topical fluoride varnish.

  • Eileen Espejo

    Person

    We also think this is a way for schools to address chronic school absenteeism, which we know that schools are suffering from more and more with every year.

  • Eileen Espejo

    Person

    I want this Committee to know that currently all of the state's 61 local health jurisdictions are working to partner with their local educational agencies to improve oral health outcomes for school age children by bringing preventive services such as topical fluoride varnish that AB350 would help to achieve to schools.

  • Eileen Espejo

    Person

    In addition, this bill will help to integrate topical fluoride varnish into overall health for kids by ensuring that primary care providers are applying fluoride varnish to eligible child patients. So for all of these reasons, really urge an aye vote tonight and thank the chair for carrying this bill. And with that, I'll stop. Thank you.

  • Unidentified Speaker

    Person

    Thank you.

  • Phillip Chen

    Legislator

    Thank you for your testimony. Do we have any other witnesses in support of the bill?

  • Molly Mallow

    Person

    Molly Mallow on behalf of Planned Parenthood Affiliates of California in support.

  • Eric Doughty

    Person

    Eric Doughty on behalf of the behalf of the California Dental Association in support.

  • Chris Scroggin

    Person

    Chris Scroggin with Kapalavski on behalf of Children's Choice Dental Care in support.

  • Jennifer Tannehill

    Person

    Jennifer Tannehill with Erin Reed and Associates on behalf of the California Dental Hygienists Association in support.

  • Paul Glassman

    Person

    Dr. Paul Glassman, Associate Dean for research and community engagement at California North State University College of Dental Medicine in support.

  • Monea Jennings

    Person

    Monea Jennings on behalf of the California Association of Orthodontists in full support.

  • Unidentified Speaker

    Person

    Thank you.

  • Roxy Ortiz

    Person

    Roxy Ortiz with the Association of Regional Center Agencies in support.

  • Phillip Chen

    Legislator

    Thank you. Do we have any key witness in opposition? Thank you. Two witnesses, two minutes each, please.

  • Steffanie Watkins

    Person

    Mr. Chairman, Members, Stephanie Watkins on behalf of the Association of California Life and Health Insurance Companies. I'd first like to thank the author and the Committee staff for their willingness to discuss our concerns, even reaching out today to update us on some potential future amendments that we appreciate.

  • Steffanie Watkins

    Person

    Regrettably, we are here today in opposition to AB350, which would require the coverage of fluoride varnish application for children under 21.

  • Steffanie Watkins

    Person

    While we appreciate the intent of the bill and share the Chair's interest in expanding access to fluoride treatments for children, we we believe this coverage requirement should be considered as a part of California's current benchmark plan conversation rather than a standalone mandate.

  • Steffanie Watkins

    Person

    Specifically, as many of you may know, under the Affordable Care Act, health plans and insurers are required to cover the application of fluoride varnish through preventative services. Current guidelines mandate coverage for children ages 0 to 5 by expanding the coverage to children under the age of 21.

  • Steffanie Watkins

    Person

    It's important for the Legislature to consider the fiscal ramifications given the current uncertainty regarding the medical budget as well as the uncertainty regarding pertaining to the future funding for Federal Government. We are opposed to this legislation at the time.

  • Steffanie Watkins

    Person

    We do look forward to continuing this conversations, especially as we further have conversations regarding the benchmark plan and California's potential expansion. So with that, in the interest of time, we do appreciate the dialogue and look forward to continuing to have those conversations. Thank you.

  • Olga Shilo

    Person

    Thank you. Chair Members My name is Olga Shiloh. I'm here on behalf of the California Association of Help Plans. I'd like to align my remarks with those of my colleagues from ACLI and express our appreciations for the author's intent with AB350. Unfortunately, we must respectfully state our opposition to the bill in its current form.

  • Olga Shilo

    Person

    Health plans and insurers are currently providing this benefit in compliance with the federal guidelines. We're also concerned about the fiscal implication of benefit mandates as the mandates could place additional strain on families and employers alike. We understand that the premium increase of this bill is marginal. However, we must consider the cumulative impact of all benefit mandates.

  • Olga Shilo

    Person

    While we respectfully oppose AB350 as written, we remain committed to working with the author and the sponsors to achieve our shared goal of healthier outcomes for children. Thank you for your consideration.

  • Phillip Chen

    Legislator

    Thank you very much. Do we have any other witnesses in opposition seeing on Madam Chair, would you like to close? Actually, let me take it back to Committee. I apologize. Any questions? Madam Chair, would you like to close?

  • Mia Bonta

    Legislator

    I in my closing I will share that to burp the the required analysis that we have to do whenever there is a mandate to analyze the total impacts of the of cost of the legislation indicates that the total net expenditures would increase by approximately 0.002% and the impact would be that small costs associated with the bill would result in a reduction of 5,800 cavities, potentially resulting in a reduction in expenditure for commercial dental insurers and enrollees of 660,000 and a reduction in expenditures for the medical dental program by $1.5 million over a four year period.

  • Mia Bonta

    Legislator

    This is a cost savings as well as a health savings measure. I respectfully request your aye vote.

  • Phillip Chen

    Legislator

    Thank you Madam Chair. And you're accepting the amendments?

  • Mia Bonta

    Legislator

    I am.

  • Phillip Chen

    Legislator

    Thank you Madam Chair. This enjoys a do pass recommendation. Mr.

  • Committee Secretary

    Person

    [Roll call]

  • Phillip Chen

    Legislator

    Thank you very much, Madam Chair. The bill is out.

  • Unidentified Speaker

    Person

    Thank you so much. Thank you.

  • Phillip Chen

    Legislator

    Madam Chair. Item 24, AB910 at your pleasure.

  • Mia Bonta

    Legislator

    Thank you. Actually, can we do our? Oh, thank you, Vice Chair and members, I'm very pleased to present AB 910. More than half of Californians skip or delay access accessing medical care, including picking up their prescription, simply due to cost. Prescription drugs spending is growing faster than any other health care cost.

  • Mia Bonta

    Legislator

    Spending on life saving drugs in our state has increased by 56% since 2017. AB 910 aims to address a major player in these rising drug costs. Those of you who were here last session or even today might remember that we've extended, have had extended debate where we've talked about pharmacy benefit managers or PBMs.

  • Mia Bonta

    Legislator

    The governor's veto message indicated his desire for a narrower proposal. This bill is intended to respond to that call. This bill addresses several practices of PBMs engaging in now that contribute to the increase in drug prices. First, PBMs engage in a practice called spread pricing.

  • Mia Bonta

    Legislator

    What that means is the PBM charges the health plan more than the PBM paid the pharmacy and they pocket the difference. This Bill prohibits that practice. Second, PBMs obtain rebates from drug companies in return for having their drugs on the formulary. Rebates are often based on the list price of the drug.

  • Mia Bonta

    Legislator

    The higher the list price, the higher the rebate. This practice provides a financial incentive to cover more expensive brand name drugs at an increased cost for consumers and health plans. To remove that incentive, this bill would require 100% of rebates to go back to the health plan.

  • Mia Bonta

    Legislator

    Third, this bill requires that any revenue a health plan receives from rebates must be used to offset patient cost sharing and reduce the premiums of enrollees. Fourth, instead of receiving money for retaining rebates or holding back money from pharmacies, this bill would require health plans to pay PBMs a bona fide service fee for the services they provide.

  • Mia Bonta

    Legislator

    A plan could pay a performance bonus, but it couldn't be connected to the price of the drug. Fifth, this bill would require PBMs to have a fiduciary duty to health plans. What this means is the PBM would have to act with the utmost good faith for the benefit of the plan.

  • Mia Bonta

    Legislator

    The drug distribution chain is mind numbingly complex and we want the PBMs to act in the best interest of their health plan clients, given the fact of consolidation and vertical integration. Lastly, this bill requires PBMs to report information on their drug costs, revenues, and expenses to the Department of Managed Health Care.

  • Mia Bonta

    Legislator

    Here to testify briefly in support are Andrew Kiefer with Blue Shield of California. And to answer any technical questions we have Salina Wong, head of the Clinical Pharmacy for Blue Shield of California.

  • Andrew Kiefer

    Person

    Good evening. I hate to be the guy between you all and dinner, but Mr. Vice Chair, thank you for having us. And committee members, thank you for the opportunity to be here. And Chair Bonta, thank you for your authorship of Assembly Bill 910. My name is Andrew Kiefer.

  • Andrew Kiefer

    Person

    I'm the Vice President of State Government affairs for Blue Shield of California and with me is Salina Wong as, as the Chair mentioned. And she's available to answer any questions. We are here actually, as I said, I'm with Blue Shield of California and I just.

  • Andrew Kiefer

    Person

    It's important to say who we are as a company to sort of differentiate what that landscape looks like. We're a California only company. We're nonprofit, we pay taxes and we've actually voluntarily capped our net income at 2%. Affordability for us, we view as a seminal challenge for, for us in the industry and most importantly for consumers and taxpayers. We see it as an existential threat to household incomes and the abilities for our fellow Californians to make ends meet.

  • Andrew Kiefer

    Person

    Addressing the costs associated with prescription drugs is part and parcel for us achieving our mission, which is ensure that every California, every Californian has access to a high quality, accessible health care system. One that's worthy of their family and friends. And what's before you is actually, it sounds weird to say, but it's sort of a unicorn.

  • Andrew Kiefer

    Person

    What's in Assembly Bill 910 is actually reflective of a policy that was authored by Bernie Sanders and Senator Bill Cassidy that was signed off on by Minority Leader Chuck Schumer and Senate Majority Leader Mitch McConnell.

  • Andrew Kiefer

    Person

    Speaker, maybe, but Speaker Johnson and Minority Leader Jeffries all signed off on, including the provisions that are contained in this bill in last year's continuing resolution. For reasons unrelated to the merits of the policy, it was ultimately not included in that final package.

  • Andrew Kiefer

    Person

    But what they recognize is what we offer here, which is a recognition of the challenges that the pharmacy benefit managers. Yeah. And their packages. So with that, I'll be quiet. I'm happy to answer any questions or Salina is as well. Thank you.

  • Phillip Chen

    Legislator

    And our next witness? No other witness. Okay.

  • Mia Bonta

    Legislator

    Available just for technical questions.

  • Phillip Chen

    Legislator

    Thank you, Madam Chair. Do we have? Bill's been moved and seconded. Do we have other witnesses and me toos in support? And next we have opposition, key witnesses.

  • Alison Ramey

    Person

    Good evening, Vice Chair. Alison Ramey here this evening on behalf of the Pharmaceutical Care Management Association. We have an opposed unless amended position on this bill.

  • Alison Ramey

    Person

    Before I hand it over to Mr. Ike Brannon, I'd like to just say thank you to the committee staff for the conversation and express our desire to continue the dialogue with the author. We agree with the author's choice of having PBMs be regulated by the Department of Managed Health Care and do not have concerns with the 100% pass through requirement.

  • Alison Ramey

    Person

    However, we remain concerned that the bill does nothing to address drug affordability and fails to extend the transparency we all know is important to you, to other entities in the drug supply chain. Our concerns are with the definition of rebates in section one and the contracting limitations imposed on health plans and PBMs in section five.

  • Alison Ramey

    Person

    Specifically how that limits health plans and employers and. And how they manage and pay PBMs and how that would restrict the ability for those entities to offer affordable healthcare. So I'll hand it over to Mr. Brannon for the remainder of the two minutes.

  • Ike Brannon

    Person

    I'm a senior fellow at the Jack Kemp Foundation. I've done a lot of research on PBMs and more broadly on middlemen. And what I've seen is that there's this big attitude in the last 5 years that middlemen are inherently evil. PBMs just suck money out of the system.

  • Ike Brannon

    Person

    And the reality is that you have a market where you have big monopolies, pharmaceutical companies, who are given a monopoly by patent law, and you need somebody that's kind of big in opposition to them that can negotiate down lower prices.

  • Ike Brannon

    Person

    And the evidence has shown overwhelmingly, in my experience, that PBMs are quite good at negotiating lower prices, which is why pharmaceutical companies and independent pharmacists tend not to like them. In particular, some research I did in 2019 looking at the success that State of Illinois, my home state, had in reducing the cost that they had to pay, the state had to pay, for treatment of hepatitis C was remarkable once they engaged with pharmacy benefit managers,

  • Ike Brannon

    Person

    Other states in the Midwest that failed to negotiate with them ended up paying significantly higher prices for a number of years. Illinois saved hundreds of millions of dollars because of the actions of PBMs.

  • Phillip Chen

    Legislator

    Thank you very much. Do we have any me toos in opposition?

  • Kelly Larue

    Person

    Kelly LaRue with Resilient Advocacy, on behalf of the California Chamber of Commerce in an opposed unless amended position. Thank you.

  • Anthony Butler-Torrez

    Person

    Anthony Butler-Torrez on behalf of the. California Hispanic Chambers of Commerce, the California Asian Chamber of Commerce, and the California African American Chamber of Commerce, oppose unless amended. Thank you.

  • Phillip Chen

    Legislator

    Thank you very much. We'll take it back to committee. Committee members who have any questions? Senator Patel.

  • Darshana Patel

    Legislator

    Thank you for bringing this bill forward. As promised, you said we would be discussing PBMs, so I appreciate you bringing this bill forward, Chair Bonta. I do have one question regarding the letters of opposition my district. I've been sent here on the desire of my constituents to help me help small businesses in my community.

  • Darshana Patel

    Legislator

    And several of the letters of opposition brought up the same concerns about reducing choice and flexibility for our small businesses. Can you address that concern for me?

  • Mia Bonta

    Legislator

    Yeah, I think actually one of the challenges that we have is that because of the vertical integration we don't have a sense of how our drug costs have increased so significantly. And part of what this bill aims to do is to ensure that we have more transparency to understand why in the supply chain things are so expensive.

  • Mia Bonta

    Legislator

    And so at the end of the day we have the ability to ensure that our small businesses pay closer to what the costs of pharmaceuticals should be than what they are paying. So I am concerned about the fact that there's a concern about that.

  • Mia Bonta

    Legislator

    And in addition, this doesn't apply to employer funded plans which is very important to stay. So it essentially stays silent to many of the small businesses that you are concerned about.

  • Phillip Chen

    Legislator

    Any other questions? Madam Chair, I do have a quick question. It's probably more of a technical question. I really appreciate you bringing this bill forward. I know in some of the support letters there is some discussions that are near and dear to my heart, which is affordability when it comes to pharmaceutical products.

  • Phillip Chen

    Legislator

    I noticed in one of the support letters that it was stated that there are some pharmaceutical products that have a 1000% markup. I just want to get clarification in terms of, for your technical advisor over there. What exactly are some of those products that have a 1,000% markup?

  • Andrew Kiefer

    Person

    Thank you, Mr. Vice Chair.

  • Andrew Kiefer

    Person

    We have numerous examples where drugs used for prostate cancer, for cancer, where you can look the price up on the Internet and you can see that it's 100, I think it's $162 for the specific prostate cancer drug. And it's being charged, the charge that is being passed on to us through our pharmacy benefit manager is well over $2,000.

  • Andrew Kiefer

    Person

    We have similar example for Gleevec. The Wall Street Journal just did a big piece on this where there are numerous examples where generic drugs are being purchased at a fraction of what they're being then functionally resold to us as the health plan and ultimately for our members.

  • Phillip Chen

    Legislator

    Thank you very much, Mr. Kiefer. With that, any other questions? Seeing none. Madam Chair, would you like to close?

  • Mia Bonta

    Legislator

    There is going to be a lot of discussion around PBMs in the legislature over this next legislative cycle.

  • Mia Bonta

    Legislator

    We are offering a vehicle to be able to ensure that this year, the legislature, at a time when we are so very concerned about affordability and where we know drug prices are driving much of that affordability, particularly in health care, that we are able to do something about that as it relates to PBMs and the lack of, well, the lack of affordability that this system, which has grown considerably over the last even half a decade, creating serious impacts on everybody in our healthcare system.

  • Mia Bonta

    Legislator

    So with that, I respectfully request your aye vote.

  • Phillip Chen

    Legislator

    Thank you, Madam Chair. Secretary, please call the roll.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Phillip Chen

    Legislator

    That Bill is out. Thank you, Madam Chair. Madam Chair. The last Bill of the night. Save the best for last. AB 1415. At your pleasure, Madam Chair.

  • Mia Bonta

    Legislator

    Chair Members in 2022, the California Healthcare Quality and Affordability act established the Office of Health Care Affordability, or oca, within the Department of Healthcare Access and Information hci because we recognize that healthcare affordability has reached a crisis point as healthcare costs continue to grow.

  • Mia Bonta

    Legislator

    In 2022, for the third consecutive year, the the California Health Policy Survey found that half of Californians, that's 49%, and fully two thirds of those with lower incomes under 200% of the federal poverty level, reported skipping or delaying at least one kind of health care due to the cost in the past 12 months.

  • Mia Bonta

    Legislator

    Oka's three primary responsibilities are managing spending targets, monitoring system performance, and assessing market consolidation. To do this, OKA collects, analyzes and publicly reports data on total healthcare expenditures and enforces spending targets set for the Health Care Affordability Board.

  • Mia Bonta

    Legislator

    Under current law, OKA cannot collect information directly from health systems as a health care entity or from private equity groups, hedge funds and managed service organizations, also known as MSOs. MSOs provide administrative scheduling and other services to a variety of healthcare entities, including physicians offices, and are increasingly the subject of private equity investment.

  • Mia Bonta

    Legislator

    This Bill gives OCHA access to the additional information that it needs. I'm proposing several amendments to this Bill as to clarify the definition of health system by defining hospital and to clarify a health system is comprised of at least a hospital and one other provider.

  • Mia Bonta

    Legislator

    This clarifies that the definition does not include physician organizations of under 25 persons which are not considered providers under OKA. Also to narrow the requirements on MSOs to only report on material change transactions, and finally to take minor conforming and technical changes.

  • Mia Bonta

    Legislator

    With that, we have as witnesses today Diana Douglas from Health Access and Beth Malinowski from SEIU.

  • Phillip Chen

    Legislator

    Bill's been moving the seconded.

  • Diana Douglas

    Person

    Good evening, Mr. Chair and Assembly Members. I'm Diana Douglas with Health Access California and we are proud to support and sponsor AB 1415. We worked with Dr. Wood and the legislature to establish the Office of Health Care Affordability in 2022 to achieve the triple aim of lower costs, better outcomes and improved equity.

  • Diana Douglas

    Person

    AB 1415 helps OHCA achieve these goals by giving them the authority to collect data about and subject health systems to cost growth targets and to fully review mergers involving private equity.

  • Diana Douglas

    Person

    Increasingly, when consumers access health care, they are going to a doctor's office or a hospital that's part of a larger healthcare system like Sutter Health or Dignity Health, not independent hospitals and physician organizations.

  • Diana Douglas

    Person

    This bill addresses that reality by ensuring that OHCA can look at not just the parts of the system, but also look at cost drivers at the health system level and subject that system to targets.

  • Diana Douglas

    Person

    From decades of research, we know that when two hospitals merge or hospitals buy a physician group, this leads to increases in costs for consumers without improvements in quality.

  • Diana Douglas

    Person

    Addressing higher cost health systems in rural areas is also especially important, I'll note, because patients have limited options there and often have to go to a hospital that may charge higher prices than their neighboring county and incurring medical debt along the way.

  • Diana Douglas

    Person

    Our concerns about health care mergers are heightened when private equity is involved because they're focused on maximizing profit, and those mergers can lead to increased prices, worse health outcomes, and even worse financial outcomes for the health care entities being acquired.

  • Diana Douglas

    Person

    This bill will give OHCA the tools they need to slow rising health care spending and deliver on their mission of better affordability for Californians. I respectfully ask for your aye vote.

  • Beth Malinowski

    Person

    Good evening, Vice Chair, Members. Beth Malinowski with SEIU California. SEIU California is proud to strongly support AB 1415. SEIU California proudly worked with consumers' labor voices to stand up the Office of Health Care Affordability and we along their locals continue to engage actively in the work.

  • Beth Malinowski

    Person

    As we reflect on OHCA's work, we know there are some areas where refinement is needed and that's where AB 1450 comes into play. As Diana noted, OHCA needs to be able to fully review private equity mergers and transactions.

  • Beth Malinowski

    Person

    They currently have the authority to conduct an impact analysis prior transaction, but today they can't see both sides of the transactions that involve private equity. So AB 1415 will solve that lack of transparency and oversight. It will allow data from both sides of the transactions, including private equity, to be shared with OHCA.

  • Beth Malinowski

    Person

    It will allow more transactions to go through without this knowledge, it could be too late. Too late for our workforce and too late for our communities. And so with that, respectfully ask for your aye vote tonight. Thank you.

  • Phillip Chen

    Legislator

    Do we have Others in support? Me-toos.

  • Shelagh Wagener

    Person

    Hello, I'm Shelagh Wagener on behalf of the Writers Guild of America West, and I am in support.

  • Mari Lopez

    Person

    Good evening Chair, Members. Mari Lopez with the California Nurses Association in support.

  • Omar Altamimi

    Person

    Omar Altamimi with the California Pan-Ethnic Health Network in support.

  • Phillip Chen

    Legislator

    We have key witnesses in opposition? Thank you. Two minutes.

  • Mark Farouk

    Person

    Good evening Committee Members. Mark Farouk on behalf of the California Hospital Association. I just want to start by thanking the author and her staff for being open to hearing our criticisms and having this discussion and also want to commend her for her constant advocacy for healthcare programs, specifically protecting the Medi-Cal program.

  • Mark Farouk

    Person

    While regrettably we are opposed to this bill, we hope to continue to partner in ways in which we can protect access to care. California's hospitals are committed to improving affordability, access, quality and equity.

  • Mark Farouk

    Person

    We believe that this is a shared responsibility that requires an all-in approach with all stakeholders at the table and a thorough and balanced examination of all the cost drivers in the healthcare system.

  • Mark Farouk

    Person

    Hospitals are only a slice of the health care delivery system where 2 out of every 3 dollars of health care spending goes to providers and payers other than hospitals. This context is important when looking at AB 1415, a bill that would expand the authority of the Office of Health Care Affordability.

  • Mark Farouk

    Person

    In just the last year, OHCA has established a sub inflationary spending target of 3.5% on all health care providers without a thorough analysis of the impacts on access, workforce or other intended consequences.

  • Mark Farouk

    Person

    Only a few hours ago though now this evening, many hours ago, the office met earlier today and approved an action that would establish an even lower target on a subset of seven hospitals, a target of 1.9% and has promised to come back on a yearly basis and potentially expand that list of what they determined to be high cost hospitals.

  • Mark Farouk

    Person

    It should be noted that these targets do not account for the rising cost of medical supplies, rapidly increasing pharmaceutical cost, the cost of treating rare and chronic conditions, nor the cost of additional state mandates. In summary, the targets established by OHCA do not reflect the cost to maintain access to care.

  • Mark Farouk

    Person

    OHCA has advanced these stricter caps three years ahead of the statutory timelines required.

  • Phillip Chen

    Legislator

    Thank you very much, just wrap up.

  • Mark Farouk

    Person

    Just would urge-- I think really to summarize our opposition, we would urge that we take a pause and examine the actions that the office has already taken before expanding their authority. Thank you.

  • Phillip Chen

    Legislator

    Thank you. Other key witnesses and me-toos for opposition.

  • David Krieger

    Person

    David Krieger for the United Hospital Association, also in opposition. Thank you.

  • Connie Delgado

    Person

    Good evening, Mr. Chair, Members. Connie Delgado on behalf of Newport Healthcare, in respectful opposition.

  • Jennifer Chase

    Person

    Jen Chase on behalf of the University of California, in respectful opposition. And look forward to working further with the author.

  • Matt Akin

    Person

    Matt Akin on behalf of the Association of California Life and Health Insurance Companies. We had issued a concerns letter but are very appreciative of the recent amendments and look forward to continue conversations with the author and staff. Thank you.

  • Phillip Chen

    Legislator

    Seeing no other witnesses, we'll take this back to Committee. Any questions, statements? Mr. Patterson.

  • Joe Patterson

    Legislator

    Thank you. The door is just open. I noticed it's dark outside now. I didn't realize it was almost 9 o'clock. Having served on the Budget sub with you as well, you know, you've heard, I think, my concerns around some of the things that OHCA is doing.

  • Joe Patterson

    Legislator

    Two of the 11 hospitals on their high cost list are in my at least in a county that I represent. Only one of them is in my district. And you know, I think I have a lot of issues with that mainly because it's that hospital isn't exactly, you know, gold-plated stairwells or anything.

  • Joe Patterson

    Legislator

    But I was intrigued and wanted to see what your thoughts were about-- In that Committee hearing, when we were discussing it in Budget, it seemed like we didn't really yet have a definition from them on what exactly would be included in the three and a half percent or 1.9%, for example, would labor charges be included?

  • Joe Patterson

    Legislator

    Would technology investments be included? And I had a chance to ask, I think director that, you know, hey-- And my feeling was well they're not going to make the investments if unless you've signed off on it because they don't want to get penalized later on, you know.

  • Joe Patterson

    Legislator

    But it seems like there's still some intrigue around and unanswered questions about what's going to go into their calculation. And so I just wonder if maybe we should have them focus on what their existing task is before expanding their roles and would love to hear your thoughts on that.

  • Mia Bonta

    Legislator

    Yeah, I'll have my witnesses complete what I'm about to say.

  • Mia Bonta

    Legislator

    But one issue that we have right now is, it's for me, it's not so much an expanded authority, but it is expanded purview right now as was indicated because we don't have the ability to really understand the costs associated or integrate the costs associated with the service providing the kind of the back end portions of our hospitals.

  • Mia Bonta

    Legislator

    We don't have that information to be able to shine light on what the actual spending is and we need that information as well as the impact of the private equity investment firms' roles in what is happening in order to be able to have a true sense of what the total cost of care are.

  • Mia Bonta

    Legislator

    So I wouldn't characterize this bill as expanding OHCA's authority, I would characterize it as making sure that they have additional tools and information available to them in order to be able to make decisions about the cost targets that are set.

  • Diana Douglas

    Person

    Thank you. Additionally, while we know that the 3.5% target is already set, so that's not part of this bill. But when the targets were set, OHCA did take what costs were and were not under the provider's control into consideration when setting cost growth targets.

  • Diana Douglas

    Person

    And there is discretion and inability to adjust for factors that are outside of their control, and they can also engage in progressive enforcement. So there are a lot of avenues to ensure that as unexpected things might arise, for example tariffs, others, that those can be adjusted for and taken into consideration.

  • Mia Bonta

    Legislator

    I will just add that the intent of this bill is to not relitigate the existence of OHCA. It is really to be able to ensure, because it's here, I think it's a very critical tool for this legislature to have available so that we have the ability to prevent the rising costs in healthcare.

  • Mia Bonta

    Legislator

    What we are trying to do is ensure that we have the visibility into aspects of our healthcare system that truly impinge and infringe on our ability to provide quality care and that are known to drive up costs, particularly as they relate to the inclusion of information related to the transactions for private equity firms.

  • Mia Bonta

    Legislator

    There's a lot of research and data to support that when private equity money gets involved in healthcare that costs go up with the mergers, and private equity investment and the quality of care and the closures of critical services is also an aspect of what happens.

  • Mia Bonta

    Legislator

    So to not have that be a part of what we are looking at provides an incomplete picture. And this essentially tries to to expand the vision for us to be able to have informed decisions.

  • Phillip Chen

    Legislator

    Majority Leader Curry.

  • Cecilia Aguiar-Curry

    Legislator

    Thank you very much, Assemblymember Bonta. You know me, I'm going to ask the rural hospital questions. So rural hospitals and other healthcare providers face financial challenges as well as challenges in recruiting and retaining the healthcare workforce.

  • Cecilia Aguiar-Curry

    Legislator

    How will 1415 ensure that rural hospitals can keep their doors open and meet the workforce challenges needed for the future for rural healthcare?

  • Mia Bonta

    Legislator

    I think one of the challenges with our rural hospitals is that there's a practical monopoly, right? There isn't access to care. Whatever is there is what we have to rely on. And it creates an opportunity where our rural hospitals have to essentially get what they get. And what they're getting is higher healthcare costs.

  • Mia Bonta

    Legislator

    So this, in fact, I think, enables our rural hospitals to be better protected by having full information in what is offered and provides our ability.

  • Mia Bonta

    Legislator

    And also because OHCA is run out of the same department, HCAI, there's ability to be able to take into account the level of distress that a hospital is in, the total kind of contextual factors relating to the hospital cost to be able to protect our both distressed hospitals and rural hospitals within that.

  • Mia Bonta

    Legislator

    So I believe that this is a protective measure.

  • Cecilia Aguiar-Curry

    Legislator

    I hope so. It just makes me nervous, so I just had to ask that. Last one. OHCA is meaning to consider a spending target of 1.8% on a subset of hospitals, which includes several rural hospitals. Is there an analysis yet of what this target might mean for rural communities and how does the bill interact with the spending target?

  • Mia Bonta

    Legislator

    Yes, thank you. There have been 11 hospitals that have been included to have this lower target, as was referenced before, and they've consistently exceeded statewide average for costs and charge significantly more than incomparable hospitals. So the average hospital already charges twice what Medicare charges for the same service.

  • Mia Bonta

    Legislator

    Hospitals on this list are not in financial distress, and HCAI is monitoring hospitals that are. The hospitals being considered are being given that lower target to give constituents in the region financial relief and align their spending with their peers. Bringing down the cost in rural areas is very crucial.

  • Mia Bonta

    Legislator

    It is something that I, even in an urban district, am very concerned with for the overall healthcare costs throughout the state of California and is especially important given that residents have limited options in those places.

  • Mia Bonta

    Legislator

    So we want to make sure that our expensive providers can be brought into the fold of ensuring that they are not taking advantage of the practical monopoly that they have.

  • Cecilia Aguiar-Curry

    Legislator

    Thank you.

  • Phillip Chen

    Legislator

    Thank you. Assemblymember Addis.

  • Dawn Addis

    Legislator

    I want to appreciate the Chair for bringing this bill forward. I do want to first start by echoing some of the concerns with OHCA and the need for transparency and change within OHCA. I don't think that's really what this bill is about, though.

  • Dawn Addis

    Legislator

    I think this bill is really about making sure that OHCA is looking at the right set of entities. And when we think about equity groups and hedge funds, by nature they're supposed to make money. Nobody would invest in a hedge fund or in an equity group if they weren't going to make money off of it.

  • Dawn Addis

    Legislator

    And when we think about health care affordability, making money off of health care can sometimes be at odds, and so-- not always, but sometimes.

  • Dawn Addis

    Legislator

    And in the case of many of my constituents, what I hear from them over and over again is that costs are outpacing wages and that costs are so high that they feel like they either can't or don't want to go get health care because they're not going to be able to afford it or it's going to create momentous debt that's going to have lifelong impacts for them.

  • Dawn Addis

    Legislator

    And so we're in a situation where we can't do nothing. We can't ignore the problem any longer. We absolutely do not want any of our hospitals to close, but we have to be looking at-- What people say about data is garbage in, garbage out.

  • Dawn Addis

    Legislator

    So if we're not looking at the right entities when OHCA is looking at this, they're not going to have the full set of information. So I want to say thank you to the Chair. I know this is a really tough and complicated issue.

  • Dawn Addis

    Legislator

    It's one we've talked about in the Budget sub and one that I hear about quite a bit. But I do think this is the right step in a good direction.

  • Phillip Chen

    Legislator

    Any other questions? Madam Chair, would you like to close?

  • Mia Bonta

    Legislator

    Thank you. I appreciate the Committee's indulgence in taking on a very meaty topic as the last bill of the evening. I do think, though, that we have to, as a legislature, make sure that we are providing the Office of Health Care Affordability with the tools that they need to be able to do what we need them to do, which is to wrestle with the fact that our healthcare costs continue to rise.

  • Mia Bonta

    Legislator

    And we need to be able to somehow be able to mitigate for the consequence of having hedge funds and private equity firms, which are in the business of making as much money as quickly as possible. That is the bottom line. It is not about health care. It is not about ensuring that people have the access to care that they need.

  • Mia Bonta

    Legislator

    And so with that, both the inclusion of private equity and hedge funds in that aspect of the transaction, as well as looking at the totality of the health system and not just the individualized hospital, are two tools in addition to the others that are provided in this measure that will ensure that OHCA has the tools it needs to be able to move us forward in this space.

  • Mia Bonta

    Legislator

    With that, I respectfully request your aye vote.

  • Phillip Chen

    Legislator

    Thank you, Madam Chair. Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is do pass, as amended to Appropriations. [Roll call]

  • Phillip Chen

    Legislator

    Thank you, Madam Chair. That Bill is out.

  • Mia Bonta

    Legislator

    Thank you. We are going to now open the roll again for add on. We are going to review the roll again for add ons and vote changes. We'll start with item 24. AB910.

  • Committee Secretary

    Person

    [Roll Call]

  • Mia Bonta

    Legislator

    Okay, it all votes have been recorded. With that, we are adjourned.

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