From: Ejahivlbby@aol.com Date: Mon, 10 Nov 1997 14:07:18 -0500 (EST) Subject: LIFE's Lobby 1997 Final HIV/Healthcare CA Legislative Update Dear Colleagues, Allies and Friends: Below please find the final California legislative update re: HIV/Healthcare Policy. A brief note on what's happening while the legislature is in recess. LIFE Lobby and its House of Delegates will be voting on position statements regarding HIV surveillance, names reporting, testing and counseling, partner notification, and anonymous testing sites. This will coincide at the upcoming quarterly meeting in San Francisco on November 22, 1997. As soon as the statements are adopted, I will e-mail it to this list immediately. Additionally, we have compiled the voting record for the first year of the legislative session. I will forward this record to you on a separate e-mail. If you have any questions, please give me a call at 916.444.0424 or e-mail me at Ejahivlbby@aol.com or eric.astacaan@lifelobby.org. Thank you. In Solidarity, Eric-Joseph C. Astacaan HIV/Healthcare Legislative Advocate/Research Analyst ****************************************************************************** ****** October 30, 1997 (97-7) FINAL LEGISLATIVE UPDATE: HIV/Health Care Policy Contacts: Eric Astacaan, Legislative Advocate Ellen McCormick, Legislative Advocate Laurie McBride, Executive Director Sam Catalano, Legislative Assistant Table of Contents AIDS Budget Disability Determinations/Insurance Access to Healthcare & Services/Managed Care HIV Prevention/ Education/ Harm Reduction Medical Use of Marijuana HIV, The Prisons & Criminal Justice Medical Insurance for the Uninsured Miscellaneous Insurance Issues Medical Liability Medi-CAL & AFDC-Related Prevention-Related Items Possible Legislative Positions Index of Bills 1997 PRIORITIES: 1997-98 California State Budget 1997 AIDS Budget Background: The Budget Sub-Committees of Health for both the California State Assembly and State Senate met and made their recommendations. Sub-Committee recommendations form the basis of the legislature's budget package. If the proposals are the same for individual line items from both the Assembly and Senate sides, then the proposals are pretty much set in stone. If they are different, they end up as discussion points in a joint Assembly/Senate budget "conference" committee: the discrepancy must be resolved there. AIDS Drug Assistance Program (ADAP) The Governor's Budget proposed a $47,288,000 increase to ADAP. This increase came from $11,659,000 General Fund, $18,600,000 in Title II federal funds, $4,129,000 in drug rebates, and the mandated use of $12,900,000 of local EMA funds. Sub-Committee Recommendations: Both State Assembly and Senate Sub-Committees agreed that EMAs should not be required to shift funds to ADAP. The $12.9 should come from General Funds. In fact, the Governor's May Revise budget (updated after budget hearings) now called for the same: the $12.9 for ADAP coming from State General Funds. At LIFE's February meeting, the House voted to oppose the mandatory requirement that EMAs shift funds to ADAP. Thus, LIFE strongly supported the current budget proposal. Support (HOD 2/97) STATUS: Signed by Gov. Wilson as part of the state budget on 8/18/97. Viral Load Testing for ADAP Clients Background: The Governor's Budget proposed $3.8 million from the General Fund to initiate viral load testing for ADAP clients. Sub-Committee Recommendations: Both recommended keeping the $3.8 for this purpose. STATUS: Signed by Gov. Wilson as part of the state budget on 8/18/97. Centralization of ADAP (Pharmaceutical Benefit Management Contract) Background: ADAP pharmacy services are currently administered through a decentralized system. DHS has accepted a bid from a PBM to reduce program costs without reducing availability of drugs or capping the number of prescriptions filled. Other benefits will include better data collection, better prices on drugs, and drug rebates to the state. Sub-Committee Recommendations: Conference item. The Senate Sub-Committee agreed that centralization was a good idea; the Assembly Sub-Committee called for centralization with a "carve-out" for Los Angeles. Conference Committee Recommendations called for statewide centralization with no carve out for Los Angeles. The company chosen to administer the statewide ADAP program has proposed a provider network far exceeding the existing network, and has put in place strong consumer protections. Support Centralization with No Carve-Out (HOD 6/97) STATUS: Signed by Gov. Wilson as part of the state budget on 8/18/97. Anonymous Testing Services Background: The Governor's Budget proposed eliminating $1.6 million General Fund previously used for anonymous HIV testing services in family planning clinics. Sub-Committee Recommendations: Both recommended keeping the $1.6 for this purpose. STATUS: Line-item vetoed by Gov. Wilson on 8/18/97 1997 Priorities: AIDS Budget AB 967 (Migden) Support (HOD) 6/97 ADAP Funding: Legislation would provide that for the purposes of the Administration of ADAP, the Director of Health Services may request, but not require, a county to shift local or federal funds to administer the program. ACTIONS: 02/27/97 Introduced 05/07 Amended 5/7, 5/13, 5/20 05/13 Assembly Health Cmte P 18-0 05/23 Assembly Floor P 71-0 06/25 Senate Health P 6-0 07/11 Senate Floor P 28-0 STATUS: 07/28 Vetoed by Governor Wilson 1997 PRIORITIES: Disability Determinations/Insurance AB 1052 (Villaraigosa) Support (HOD) 6/97 Currently, new AIDS drugs are automatically added to the Medi-Cal formulary. This bill would provide for the automatic addition of any new AIDS vaccines and/or "anti-viral agents" used prophylactically. This bill expands existing law from drugs used to "treat" AIDS and opportunistic infections to include vaccines and prophylactic uses of anti-viral agents. ACTIONS: 02/27/97 Introduced 04/22 Assembly Health P 20-0 05/21 Assembly Appropriations P 15-3 05/29 Assembly Floor P 57-16 06/26 Amended 07/02 Senate Health P 5-1 07/16 Senate Insurance P 6-0 09/04 Senate Appropriations P 7-3 STATUS: 09/11 Senate Inactive File (Two-Year Bill) AB 1099 (Migden) Support (HOD) 6/97 Making it possible for Medi-Cal recipients living with AIDS to go back to work. Right now, Medi-Cal recipients who go back to work must pay a "share of cost" of any Medi-Cal benefits. Some people living with AIDS want to return to work, but find this "share of cost" a barrier to doing so. For example, an individual earning $2,000 a month would pay roughly $1000 in share of cost, leaving precious little for living and other expenses. AB 1099 would exempt up to $2500/month in earnings from counting toward the share of cost requirement. This exemption would hold until the individual is eligible for and receives full medical insurance coverage. Amendments to this bill expanded its coverage to not only include people living with AIDS, but also people who are on disabilities. ACTIONS: 02/27/97 Introduced 04/09 Amended 04/09, 04/17, 5/15, 5/27, 7/2, 8/8, 9/5 04/22 Assembly Health P 15-1 05/21 Assembly Appropriations P 16-1 06/03 Assembly Floor P 77-1 07/09 Senate Health P 6-1 09/04 Senate Appropriations P 8-4 09/09 Senate Floor P 28-8 09/11 Assembly Adopted Amend. P 79-0 09/23 Enrolled and Sent to the Governor STATUS: 10/13 Vetoed by Governor Wilson AB 1137 (Ducheny) Watch (HOD) 6/97 Identical to AB 1052 by Villaraigosa. Assembly Health Committee, 3/20. (2-Yr. Bill). SB 495 (Rosenthal) Support (HOD) 6/97 Would increase weekly benefit cap to $490 from $336 for disability periods beginning January 1, 1998. ACTIONS: 02/20/97 Introduced 04/09 Senate Industrial Relations Cmte P 4-3 05/05 Senate Appropriations Cmte P 8-5 05/27 Senate Floor P 22-15 07/01 Assembly Insurance P 9-6 07/16 Assembly Appropriations P 12-8 08/11 Assembly Inactive File STATUS: Assembly Inactive File (Two-Year Bill) SB 964 (Knight) Opposed (HOD) 6/97 Would take away safeguards for employees by making it easier for employers to opt out of State Disability Insurance program through a Voluntary Plan for coverage of disability benefits. ACTIONS: 02/27/97 Introduced 04/14 Amended 04/23 Senate Industrial Relations Cmte F 3-4 STATUS: Stalled in Senate Industrial Relations (Two-Year Bill) SB 1035 (Polanco) Support (HOD) 6/97 This bill would setup a pilot project, when solicited by the fed. HHS Dept. or the HCFA, to allow DHS to study the cost-effectiveness of early intervention for patients who otherwise qualify for Medi-Cal but who are not yet disabled. The bill is designed to study the expense of treatment at certain stages of infection and illness, such as is it more or less expensive to let people get sick before offering treatment? This bill intends to set up a study and come up with some determinations. Sponsored by AIDS Healthcare Foundation. SB 1035 failed its first vote on the Senate floor; because it needed 2/3 vote (urgency) to pass. The 6/4/97 Senate amendment dropped its urgency requirement, thereby making it a majority vote bill. It passed upon reconsideration. It received a 48-27 vote in the Assembly. ACTIONS: 02/27/97 Introduced 04/16 Senate Health P 8-0 05/29 Senate Appropriations P 8-2 06/04 Senate Floor F 26-10 06/04 Amended 06/05 Senate Floor P 21-11 07/15 Assembly Health P 14-2 09/04 Assembly Appropriations P 14-7 09/09 Assembly Floor P 48-27 09/15 Enrolled. To Governor's Desk STATUS: 10/08 Vetoed by Governor Wilson 1997 PRIORITIES: Access to Healthcare & Services / Managed Care AB 7 (Brown) Support (HOD) 6/97 Requires every healthcare service plan contract, nonprofit hospital service plan contract, and certain disability insurance policies issued after 1/1/98 to include coverage for a minimum of 48 hours of inpatient care for a woman undergoing a mastectomy. ACTIONS: 12/2/96 Introduced 03/31/97 Amended 6/30 04/01 Assembly Health P 19-0 04/08 Assembly Insurance P 9-3 05/07 Assembly Appropriations P 13-2 05/19 Assembly Floor P 56-15 07/02 Senate Insurance P 5-1 07/14 Senate Appropriations P 11-1 09/04 Senate Inactive File STATUS: Pending Senate Floor Vote (Two-Year Bill) AB 12 (Figueroa) Support (HOD) 6/97 Requires every health care service plan contract and every individual or group policy of disability insurance issued after 1/1/98 that provides mastectomy coverage to cover a physician ordered follow-up visit within 48 hours of discharge and to cover all complications from a mastectomy. ACTIONS: 12/02/96 Introduced 02/27/97 Amended 2/28, 3/13, 3/31, 5/20, 6/30, 7/9 04/01/97 Assembly Health P 14-1 04/08 Assembly Insurance P 13-2 04/23 Assembly Appropriations P 16-3 05/08 Assembly Floor P 65-8 07/02 Senate Insurance P 7-1 08/25 Senate Appropriations P 11-1 09/02 Senate Floor P 23-6 09/04 To Assembly for Concurrence 09/08 To Assembly Inactive File STATUS: Assembly Inactive File (Two-Year Bill) AB 38 (Figueroa) Support (HOD) 6/97 Requires every healthcare service plan contract, nonprofit hospital service plan contract, and certain disability insurance policies issued after 1/1/98 that provide maternity coverage, from restricting benefits for inpatient hospital care to a time period less than 48 hours following a normal vaginal delivery and less than 96 hours for a cesarean section. ACTIONS: 12/02/96 Introduced 03/13 Amended 3/13, 04/07, 6/12, 6/30, 8/4 04/01 Assembly Health P 17-1 04/08 Assembly Insurance P 13-0 04/23 Assembly Appropriations P 17-2 05/08 Assembly Floor P 61-12 06/18 Senate Insurance P 7-0 07/14 Senate Appropriations P12-0 08/04 Senate Floor P 38-0 08/11 Assy. Adopted Urgency Clause & Concurred to Sen. Amend. P 64-0 08/27 Signed by Governor Wilson STATUS: Chaptered by the Secretary of State - Ch. 389, '97 Statutes AB 269 (Ortiz) Support (HOD) 6/97 Prohibits a health facility or physician and surgeon from permitting a patient to depart the facility or physician's office unless a physician or other appropriately licensed health professional has determined that the patient can be safely cared for in the home or other community setting. LIFE's concern that this could interfere with a patient's ability to leave "Against Medical Advice" has been addressed in the current amendments. The bill is strictly intended to protect patients from being released without some assurances that proper care is available. ACTIONS: 02/13/97 Introduced 04/15 Assembly Health P 14-5 04/28 Amended 4/28, 6/2, 6/30 05/30 Assembly Appropriations P 13-8 06/04 Assembly Floor P 43-37 06/17 In Senate Insurance STATUS: Pending Senate Insurance (Two-Year Bill) AB 341 (Sweeney) Support (HOD) 6/97 Requires a health care service plan and certain disability insurers to authorize payment in a timely manner for a second opinion by an appropriately qualified health professional, if requested by an enrollee or insured. ACTIONS: 02/18/97 Introduced 04/08 Assembly Health Committee P 14-0 04/23 Assembly Appropriations P 19-0 05/19 Assembly Floor P 55-17 06/26 Amended 7/11, 7/23, 8/25 07/16 Senate Insurance P 5-0 08/25 Senate Appropriations P 7-3 08/29 To Senate Inactive File STATUS: Senate Inactive File (Two-Year Bill) AB 434 (Gallegos) Support (HOD) 6/97 Requires the deletion of provisions stating that the reasons for the termination of a provider will only be disclosed if the termination occurs during the contract year. ACTIONS: 02/20/97 Introduced 03/31 Amended 03/31, 04/10, 6/25 04/15 Assembly Health Cmte P 17-0 05/21 Assembly Appropriations P 16-4 06/04 Assembly Floor P 54-13 06/17 To Senate Ins. & Judiciary STATUS: Pending Senate Insurance (Two-Year Bill) AB 497 (Wildman) Support (HOD) 6/97 Some health care service plans, disability insurers, and contracting providers have apparently created a "screening" program for calls, that is: put the caller on hold for 10 minutes or more; hope that they don't call back. This bill would require health care plans, disability insurers, and contracting providers to answer phone calls within five minutes and imposes requirements regarding the time frame for appointments with specialists, and for responses to requests for care by patients in acute care. The committee recommended support because people with HIV and AIDS need and deserve timely responses for treatment . ACTIONS: 02/24/97 Introduced 04/08 Assembly Health Committee P 11-5 04/15 Amended 04/15, 05/06, 7/11 05/30 Assembly Appropriations P 13-8 06/04 Assembly Floor P 42-36 06/17 To Senate Insurance STATUS: Pending Senate Insurance (Two-Year Bill) AB 536 (Gallegos) Support (HOD) 6/97 Would require a physician who denies service to health plan enrollees to be licensed in California; requires either a physical exam or a thorough review of the patient's medical records prior to a plan's decision to deny care; includes within the practice of medicine, making a decision resulting in denial of services to an enrollee; and requires various disclosures to enrollees. ACTIONS: 02/24/97 Introduced 04/10 Amended 6/17, 8/25 04/15 Assembly Health Committee P 16-1 05/28 Assembly Appropriations P 13-6 06/02 Assembly Floor P 55-20 06/23 Senate Business & Prof. P 5-0 07/16 Senate Insurance P 5-3 08/25 Senate Appropriations P 8-3 09/04 Senate Floor P 21-13 09/10 Ass. Cncurr'd Sen. Amend. P 50-24 09/22 Enrolled and Sent to the Governor STATUS: 10/10 Vetoed by Governor Wilson AB 663 (Ortiz) Support (HOD) 6/97 Would establish the INTENT of the legislature to create a Public Health Contingency Fund to provide counties with the resources for basic health protection services. Under this bill, the state would develop public health capacity standards to evaluate each counties "disease control capability". Any county that fails the evaluation would be eligible, based on a demonstrated financial need, to receive state funding. There is, however, no funding mechanism tied to this bill. ACTIONS: 02/26/97 Introduced 04/15 Assembly Health Committee P 20-0 05/23 Amended 05/28 Assembly Appropriations P 20-0 06/02 Assembly Floor P 79-1 07/16 Senate Health P 5-0 07/17 To Senate Appropriations STATUS: Pending Senate Appropriations (Two-Year Bill) AB 794 (Figueroa) Support (HOD) 6/97 Requires a healthcare service plan to disclose to any person or organization, upon request, the processes the plan uses to authorize or deny healthcare services by a provider pursuant to the benefits provided by the plan. ACTIONS: 02/26/97 Introduced 04/15 Assembly Health Cmte P 16-0 04/17 Amended 4/17, 5/22, 6/17, 7/1, 7/9, 9/5 04/22 Assembly Insurance P 9-1 05/14 Assembly Appropriations P 11-5 05/29 Assembly Floor P 50-22 06/23 Senate Business & Prof. P 5-0 07/16 Senate Insurance P 5-3 08/25 Senate Appropriations P 7-3 09/09 Senate Floor P 24-11 09/11 Assy. Cncrr'd Sen. Amend. P 47-31 09/23 Enrolled and Sent to the Governor STATUS: 10/10 Vetoed by Governor Wilson AB 1100 (Thomson and Perata) Support (HOD) 6/97 Would require that health care service plans and disability insurers provide coverage for the diagnosis and treatment of mental illness on the same terms and conditions as coverage for other medical conditions. Proponents argue that mental illness is inappropriately treated because of lack of insurance coverage. ACTIONS: 02/27/97 Introduced 04/15 Assembly Insurance Cmte P 9-3 05/06 Amended 5/6, 5/8, 7/10, 7/23, 8/25 05/30 Assembly Appropriations P 15-5 06/05 Assembly Floor P 43-31 07/16 Senate Insurance P 5-0 09/04 Senate Appropriations P 7-4 09/09 To Senate Inactive File STATUS: Pending Senate Floor Vote (Two-Year Bill) AB 1208 (Migden) Support (HOD) 6/97 Would require DHS to study patient care issues on death and dying including: relevant court cases around terminally ill patients, physician assisted suicide, pain management, physician and/or health care provider abandonment, and insurance coverage. ACTIONS: 02/28/97 Introduced 04/17 Amended 04/22 Assembly Health Cmte P 15-4 05/14 Assembly Appro. Cmte P 11-7 05/22 Assembly Floor P 46-29 05/29 To Senate Health & Hmn. Svcs. STATUS: Pending Senate Health Cmte (Two-Year Bill) AB 1298 (Villaraigosa) Support (HOD) 6/97 Prohibits a health care service plan, disability insurer or a contracting provider from impeding or impairing communication or the right of free association among enrollees or insureds, except to protect the health and safety of enrollees, insureds, and employees. Introduced because some HMOs were not allowing representatives from Health Access to talk with other patients in the waiting room or with employees. ACTIONS: 02/28/97 Introduced 04/08 Assembly Health Cmte P 15-1 04/23 Assembly Appropriations P 14-3 04/28 Amended 4/14, 7/14 05/08 Assembly Floor P 73-0 06/18 Senate Insurance P 5-1 07/15 Senate Judiciary P 8-1 08/27 Senate Appropriations P per SR 28.8 08/28 Senate Floor P 25-8 09/08 To Assy. for Amend. Concurrence 09/11 To Assembly Inactive File STATUS: Pending Assembly Concurrence Vote (Two-Year Bill) AB 1341 (Alquist) Support (HOD) 8/97 This bill would require any person or organization that receives state funds for health research to perform a specified percentage of its aggregate research on women's health and subsequently, with those funds, publish the results accordingly. ACTIONS: 02/28/97 Introduced 04/17 Amended 5/23, 7/10, 8/6, 9/2 04/22 Assembly Health P 20-0 05/28 Assembly Appropriations P 15-2 06/02 Assembly Floor P 72-4 07/16 Senate Health P 5-1 08/25 Senate Appropriations P per SR 28.8 09/03 Senate Floor P 24-11 09/09 Assy. Concurred to Amend. P 71-6 09/16 Enrolled and Sent to the Governor STATUS: 10/05 Vetoed by Governor Wilson SB 253 (Burton) Support (HOD) 6/97 Prohibits a health facility from discriminating or retaliating against a patient or employee of that facility because the patient or employee presents a grievance or complaint relating to the care, services or conditions of that facility. ACTIONS: 12/04/96 Introduced 04/09/97 Senate Ind'l Relations Cmte P 4-2 04/14 Amended 7/12 05/12 Senate Appropriations P 7-5 05/22 Senate Floor P 22-15 07/15 Assembly Health P 12-7 08/28 Assembly Appropriations P 13-7 09/03 Assembly Floor P 41-32 09/10 Senate Concurred to Amend. P 21-15 09/15 Enrolled and Sent to the Governor STATUS: 10/14 Vetoed by Governor Wilson SB 324 (Rosenthal) Support (HOD) 6/97 Requires the definition of the practice of medicine to include making a decision regarding the medical necessity or appropriateness of any diagnosis, treatment, operation, or prescription. ACTIONS: 02/12/97 Introduced 04/14 Senate Business & Prof. P 7-0 05/12 Senate Appropriations Cmte P 7-3 05/28 Amended 7/10 06/03 Senate Floor P 21-12 07/01 Assembly Health P 11-7 07/09 To Assembly Appropriations STATUS: Pending Assembly Appropriations (Two-Year Bill) SB 1084 (Watson) Support (HOD) 8/97 Natural Death Act: Powers of Attorney Health Care. Requires a health facility and healing licentiate to develop protocols relating to implementatio n of provision which authorize a person to execute a prescribed declaration governing the withholding or withdrawal of life-sustaining treatment for the person and execute a durable power of attorney that permits the attorney-in-fact to make health care decisions for the person. ACTIONS: 02/28/97 Introduced 03/18 To Senate Rules STATUS: Pending Senate Rules (Two-Year Bill) 1997 PRIORITIES: HIV Prevention/ Education/ Harm Reduction AB 600 (Kuehl) Support (HOD) 2/97 Family Access to Care and Treatment Program: To provide preventative health care services to low-income men and women. Preventative health care means screening, including periodic history, physicals, and appropriate laboratory tests; evaluation and counseling; including sexual health, family planning, fitness, psycho-social evaluation, cardiovascular risk, and other health factors; limited treatment including but not limited to treatment of sexual transmitted diseases, necessary immunizations, and contraceptive medical procedures and supplies. Under existing law, these services offered through the Office of Family Planning are restricted to women who can conceive. The purpose of this legislation is to open up the program to all persons who need medical treatment and related services. ACTIONS: 02/25/97 Introduced 04/22 Assembly Health Committee P 13-6 05/30 Assembly Appropriations P 13-8 06/03 amended 7/7, 7/18, 9/5 06/05 Assembly Floor P 42-32 07/16 Senate Health P 5-0 09/05 Senate Appropriations P 7-5 09/10 Senate Floor P 24-12 09/13 Assy. Adopted Sen. Amend. P 46-30 09/24 Enrolled and Sent to the Governor STATUS: 10/12 Vetoed by Governor Wilson AB 818 (Martinez) Support (HOD) 6/97 Existing law requires prenatal care providers to offer HIV testing to pregnant women (along with counseling and referral services). This bill would extend that requirement to include every medical care provider treating any patient from age 15 to 54 years of age. This bill would also require the State Office of AIDS to develop a voucher program for low-income individuals to get home HIV test kits. This voucher program should be implemented by January 1, 1999. LIFE's HIV/Healthcare Committee is in favor of requiring medical care providers to offer HIV testing to all patients. The committee sees a problem with the home HIV testing kits, however, citing problems of unreliability and lack of appropriate counseling. LIFE asked the author to drop the home testing provisions, which was done 5/1. ACTIONS: 02/26/97 Introduced 04/22 Assembly Health Committee P 12-6 05/01 AMENDED [ Support If Amended changed to SUPPORT ] 05/30 Assembly Appropriations P 13-6 06/03 Amended 06/05 Assembly Floor P 41-35 06/17 To Senate Health & Hmn. Svcs. STATUS: Pending Senate Health & Hmn. Svcs. (Two-Year Bill) AB 881 (Runner) Opposed (HOD) 6/97 Would require every general acute care hospital to test every newborn and requires disclosure of results to the baby's parents or guardian. Additionally, the bill requires the hospital to report the number of tests with positive results to the Department of Health Services, without revealing the identity of the babies tested. ACTIONS: 02/27/97 Introduced 03/03 To Assembly Health STATUS: Pending Assembly Health Cmte (Two-Year Bill) SB 560 (Hayden) Support (HOD) 8/97 Regulated Chemicals Surtax: Creates a new tax to create the California Methamphetamine Reduction and Rehabilitation Fund. Potentially important to us because of the new evidence coming out that links Meth use with HIV sero-conversion. The items to be taxed are limited to cash purchases of specific chemicals used to make methamphetamines. This legislation is crafted to avoid taxing over-the-counter products like Sudafed (commonly used in meth). It has also been crafted to avoid taxing legitimate uses of specific chemicals purchased in bulk by chemists, pharmacists, and labs. ACTIONS: 02/24/97 Introduced 05/01 Amended 5/1, 5/14, 7/22, 8/25 05/07 Senate Revenue & Tax Cmte P 6-0 05/29 Senate Appropriations P 12-0 06/04 Senate Floor P 27-10 07/14 Assembly Rev. and Taxation P 6-4 07/15 Assembly Health P 13-2 08/28 Assembly Appropriations P 12-6 09/09 Assembly Floor F 39-35 STATUS: Failed Passage in the Assembly. May be revived next year. SB 862 (Lee) Support If Amended (HOD) 6/97 Would establish the Interagency Commission on African American Males, to implement recommendations by the Commission on the Status of African American Males. Problems identified by the first commission included poverty, unemployment, and that "African American males represent 12 percent of the AIDS-related deaths in California". LIFE is seeking amendments to study homophobia within the African-American male community. ACTIONS: 02/26/97 Introduced 04/16 Amended 4/16, 5/14, 5/27, 6/3 05/05 Senate Rules Committee P 3-1 05/22 Senate Appropriations P 8-4 06/05 Senate Floor P 21-13 07/08 Assembly Consumer Protection P 11-0 07/09 To Assembly Appropriations STATUS: Pending Assembly Appropriations (Two-Year Bill) SB 885 (Watson) Support (HOD) 6/97 This bill would establish the Clean Needle and Syringe Exchange Pilot Projects, and would authorize pharmacists, physicians, and certain persons authorized under the pilot projects to furnish hypodermic needles and syringes without a prescription or permit. The bill would authorize specified counties and cities to develop pilot projects upon the request of the county or city local health officer. (Same bill introduced last three years). This bill is being co-sponsored by the cities of Los Angeles, Long Beach, San Francisco and Santa Clara. ACTIONS: 02/27/97 Introduced 04/21 Amended 04/21, 05/05, 05/12 04/23 Senate Health Committee P 6-1 05/19 Senate Appropriations P 05/27 Senate Floor F 20-16 06/05 Senate Floor P 21-17 07/15 Assembly Health P 12-7 07/17 To Assembly Appropriations STATUS: 05/19 Pending Assembly Appropriations (Two Year Bill) SB 1007 (Vasconcellos) Support (HOD) 8/97 Comprehensive Statewide Plan for Prevention and Treatment of HIV/AIDS: This bill would convene a Strategic Plan Task Force for the treatment of HIV/AIDS into the 21st Century. This planning mechanism will utilize community plans developed by Statewide Working Groups in both Treatment and Prevention, lending them weight in the public policy arena. Findings will also be useful in bill analysis and advocacy as legislators grapple with emerging problems. Not wanting to blindly support yet another plan, the House took a position of "watch" 3/97. However, the HOD in 8/97 changed its position after recommendation from the HIV/HC Policy Committee to "support" this bill. ACTIONS: 02/27/97 Introduced 04/14 Amended 6/25, 8/29 04/23 Senate Health Cmte P 6-0 05/12 Senate Appropriations Cmte P 9-2 05/22 Senate Floor P 29-6 07/15 Assembly Health P 19-0 08/29 Assembly Appropriations P 12-2 09/05 Assembly Floor P 48-26 09/10 Sen. Adopted Assy. Amend. P 21-10 09/15 Enrolled and Sent to Governor STATUS: 10/05 Vetoed by Governor Wilson SB 1110 (Leslie) Opposed (HOD) 6/97 Positive Parental Consent Bill: This bill originally required positive written parental consent before any public school student receives instruction on STDs, AIDS, human sexuality, family life, or any other health education instruction delivered by outside organizations or guest speakers. It also included further prohibitions on such discussions in general school assemblies even by school personnel without positive parental permission. This bill also adds emphasis on monogamy and other virtues to existing emphasis on abstinence. It changes requirement for instruction on compassion for people with AIDS to compassion for "anyone with a debilitating handicap(s) and/or terminal disease." It would prohibit teaching compassion (as in tolerance, acceptance, respect) for drug use or any "particular" sexual "lifestyle" or "practice." Substantially amended: Now requires parental notification of guest speakers. Objectionable language about "particular lifestyles" has been removed. Opposition of other groups has changed to neutral or even support. ACTIONS: 02/28/97 Introduced 04/09 Senate Education Committee P 7-1 05/05 Amended 05/05, 05/07, 7/21, 9/5, 9/8 05/29 Senate Appropriations P 12-0 06/04 Senate Floor P 27-3 07/17 Assembly Education P 17-0 09/05 Assembly Appropriations P 18-0 09/10 Assembly Floor P 73-2 09/12 Sen. Refused Assy. Amend. F 0-39 STATUS: Pending Senate Concurrence to Assy. Amend. (Two-Year Bill) SB 1301 (Leslie) Opposed (HOD) 6/97 Close the Bathhouses: Legislative attempt to close the bathhouses. Several amendments were tried, but this bill in all forms was successfully defeated in its first hearing. ACTIONS: 02/28/97 Introduced 04/16 Amended 04/22 Senate Judiciary F 4-3 STATUS: Stalled in Senate Judiciary. May be revived next year. 1997 PRIORITIES: Medical Use of Marijuana AB 610 (Margett) Opposed (HOD) 6/97 Creates nearly insurmountable obstacles for the implementation of Proposition 215 by imposing enormous licensing fees and taxes on the cultivation, and separately, the distribution of marijuana for medicinal use. ACTIONS: 02/25/97 Introduced 03/10 To Assembly Health and Agriculture Committees STATUS: Pending hearings in Assembly Health & Assembly Agriculture (Two-Year Bill) SB 535 (Vasconcellos) Support (HOD) 2/97 SB 535 authorizes the University of California to create a California Medical Marijuana Research Center to develop and implement medical marijuana studies and to solicit proposals for research projects. It also appropriates $2 million of State General Fund dollars to the Center to conduct this research. Lack of such research is often cited as a reason for denying the medicinal use of marijuana. Yet research projects at the federal and state level have been blocked for years. SB 535 would push the state to allow serious medical research to begin. On August 25, 1997, Attorney-General Dan Lungren, formally endorsed SB 535. This happened following some amendments to the bill that satisfied Lungren's concerns. In spite of his support though, only a few Republican Assemblymembers supported the bill when it came up for a vote, partially because a couple of Democrats decided to oppose the bill. It required 2/3 majority(for its urgency) but only received 48-21 vote. Bill supporters worked the last couple of days to get six more votes, from both sides of the aisle. Unfortunately, no one was willing to budge, so Assemblymember Migden requested the bill to be put in the inactive file, and get reconsidered in January 1998. ACTIONS: 02/24/97 Introduced 03/31 Amended 3/31, 4/10, 5/20, 5/23, 6/3, 8/25, 9/5 04/02 Senate Health & Human Services P 5-2 04/15 Senate Public Safety P 5-2 05/29 Senate Appropriations P 7-1 06/04 Senate Floor P 27-9 07/15 Assembly Higher Education P 8-3 09/04 Assembly Appropriations P 12-8 09/10 Assembly Floor F 48-21 09/10 Assembly Floor Motion to Reconsider 09/12 To Assembly Inactive File STATUS: Pending Assembly Floor Vote (Two-Year Bill) HIV, the Prisons and Criminal Justice AB 29 (Villaraigosa) Support (HOD) 2/97 Compassionate Release: This bill would establish a procedure for recalling a prisoner's sentence if the prisoner is found to be terminally ill. This is a re-introduction of last year's legislation, which Governor Wilson vetoed. ACTIONS: 12/02/96 Introduced 04/10 Amended 7/1 04/15 Assembly Public Safety P 8-0 05/21 Assembly Appropriations P 13-5 05/29 Assembly Floor P 56-16 06/24 Senate Public Safety P 8-0 07/14 Senate Appropriations P 7-1 08/07 Senate Floor P 26-8 08/25 To Assy. for Concurrence 09/09 Ordered Return to Senate 09/10 Senate Vote Rescinded 09/12 Senate Floor P 23-7 09/12 Assy. Adopted Sen. Amend. P 54-22 09/29 Enrolled and Sent to Governor 10/07 Signed by Governor Wilson STATUS: Chaptered by Secretary of State - Ch. 751, '97 Statutes SB 705 (Rainey) Opposed (HOD) 6/97 Criminalizing the intentional transmission of HIV. Recent amendments limit SB 705's provisions to the intentional transmission of HIV through sexual contact without disclosure. The penalty has been reduced to a felony punishable by imprisonment for 5, 7, or 9 years. Amended out: Provisions covering needle sharing, the lesser penalties of exposing someone without intent; plus intent must be proven by prosecutors; obtaining medical records requires a court hearing and disclosure is defined simply as relating HIV status. Major Amendment: Defines "specific intent," specifically stating that mere knowledge alone of one's HIV-positive status is insufficient to prove "specific intent"; Reduces the punishment triad from 5, 7, and 9 years to 3, 5 and 8 years ACTIONS: 02/25/97 Introduced 04/07 Amended 4/07, 4/16, 5/01, 5/06, 9/3, 9/4 04/22 Senate Public Safety Cmte P 5-0 05/19 Senate Appropriations P 7-0 05/27 Senate Floor P 25-1 07/15 Assembly Public Safety P 8-0 09/03 Assembly Appropriations P 16-1 09/04 To Assembly Inactive File STATUS: Pending Assembly Floor Vote (Two-Year Bill) Medical Insurance for the Uninsured LIFE's House of Delegates voted to take a WATCH position on a number of bills designed to expand access and/or eligibility to health insurance for uninsured Californians. We strongly support the concept of universal health coverage. AB 534 (Thomson) Watch (HOD) 6/97 Health Care Coverage Expansion Act of 1997. Would cover more children through Medi-Cal and create a program for low-income employees and dependents to provide a basic benefit package. ACTIONS: 02/24/97 Introduced 05/06 Assembly Health P 19-0 05/19 Assembly Floor P 52-20 07/02 Senate Health P 5-2 07/16 Senate Insurance P 5-0 07/25 Amended 08/28 Senate Floor P 21-12 09/02 Assy. Refused Amend. F 4-69 09/03 To Conference Committee STATUS: Pending Conference Committee Report (Two-Year Bill) AB 1112 (Gallegos) Watch (HOD) 6/97 California Health Program. Would provide health coverage to uninsured Californians through Medi-Cal. ACTIONS: 02/27/97 Introduced 05/06 Assembly Health P 19-0 05/19 Assembly Floor P 46-25 06/25 Amended 07/16 Senate Health P 6-0 08/07 Senate Floor P 21-13 08/28 Assy. Refused Amend. F 4-72 09/02 To Conference Committee STATUS: Pending Conference Committee Report (Two-Year Bill) AB 1126 (Villaraigosa) Support (HOD) 6/97 Would expand Medi-Cal eligibility, without share of cost, to individuals under 19 years of age with family incomes at or below 200 % of poverty. Important to us because of the number of youth with HIV and AIDS who are not accessing any medical care because of cost. Studies show a correlation between lack of access to primary care and primary infection for youth. In California there are 1.7 million youth through age 18 without insurance. Recently the San Francisco DPH released statistics which estimated that there are 4700 young people with HIV in the city (ages 13-26). Less than 10% of these youth are enrolled in HIV care. ACTIONS: 02/27/97 Introduced 04/14 Amended 4/14, 4/24, 7/18 05/06 Assembly Health P 19-0 05/19 Assembly Floor P 48-23 07/09 Senate Health P 6-2 07/25 Senate Floor P 21-11 08/11 Assy. Refused Amend. F 5-72 08/25 To Conference Committee 09/13 Both Assy/Sen. Adopts Conf. Comm. Report 09/22 Enrolled and Sent to the Governor 10/02 Signed by Governor Wilson STATUS: Chaptered by Secretary of State - Ch. 623, '97 Statutes AB 1430 (Figueroa) Watch (HOD) 6/97 Health Insurance Act of 1998. Would state the intent of the legislature to offer low-income people the option of receiving medical care through a basic insurance package. Would offer employers lower workers' compensation insurance rates in return for providing basic health insurance. ACTIONS: 02/28/97 Introduced 05/06 Assembly Health P 19-0 05/20 Assembly Floor P 66-10 06/11 Amended 7/29 07/16 Senate Insurance P 5-0 08/29 Senate Floor P 23-8 09/05 Assy. Refused Amend. F 1-70 09/05 To Conference Committee STATUS: Pending Conference Committee Report (Two-Year Bill) SB 954 (Rosenthal) Watch (HOD) 6/97 Health Insurance Access for Children and Families Act of 1997. Would establish a program of publicly sponsored health insurance to be provided through commercial and non-profit providers. Specifically for working uninsured residents of California, and to be administered by MRMIP (Managed Risk Medical Insurance Board). ACTIONS: 02/27/97 Introduced 04/17 amended 6/25, 7/8, 7/9 04/23 Senate Health Cmte P 5-2 06/04 Senate Appropriations P per SR 28.8 06/05 Senate Floor P 21-15 07/01 Assembly Health P 12-4 08/28 Assembly Floor P 44-25 09/02 Senate Refused Amend. F 0-35 09/04 To Conference Committee STATUS: Pending Conference Committee Report (Two-Year Bill) Miscellaneous Insurance Issues AB 49 (Murray) Support (HOD) 2/97 Workers Compensation, Death Benefits & HIV Related Disease: This bill would provide that workers' compensation death benefits shall be furnished in the case of the death of a medical health worker or public safety employee, as specified, due to HIV related disease, subject to specified conditions. Under existing law, a proceeding to collect workers' compensation benefits for the death of an asbestos worker must be commenced within one year of the date of death. This bill would provide that the same time limit applies to a proceeding to collect those benefits for the death of a medical health worker or public safety employee, as specified, from an HIV related disease. Senate Amendments: Made the bill applicable to all workers, deleting specifically "health care workers, public safety employees, or certain correctional peace officers..." ACTIONS: 12/02/96 Introduced 03/20/97 Amended 03/20, 04/23, 8/27, 9/5 04/01 Assembly Insurance Cmte P 9-2 04/16 Assembly Appropriations P 15-3 05/05 Assembly Floor Vote P 70-5 08/27 Sen. Ind. Relations P 4-3 09/05 Senate Appropriations P 8-4 09/09 Senate Floor P 21-12 09/11 Assy. Adopted Amend. P 51-27 09/23 Enrolled and Sent to the Governor STATUS: 10/10 Vetoed by Governor Wilson AB 489 (Figueroa) Support (HOD) 6/97 Viatical insurance bill sponsored by APLA, which would allow owners of group Life Insurance policies to make viatical settlements. ACTIONS: 02/24/97 Introduced 06/04 Assembly Floor P 75-3 07/02 Senate Insurance P 7-0 07/09 Amended 7/11 07/18 Senate Appropriations P per SR 28.8 08/11 Senate Floor P 22-9 08/28 Assy. Adopted Amend. P 71-1 09/04 Enrolled and Sent to the Governor 09/24 Signed by the Governor STATUS: Chaptered by the Secretary of State - Ch. 440, '97 Statutes SB 393 (Rosenthal) Support (HOD) 6/97 Existing law, which LIFE supported, requires health insurers and plans to offer and issue health coverage to small employers without any exclusions due to medical underwriting or other than the employers' willingness to make premium payments. Existing law defines small employers as those with 2 to 50 employees. This bill would extend those guidelines to employers with 51 to 100 employees. ACTIONS: 2/14/97 Introduced 04/24 Senate Insurance P 6-1 05/12 Senate Appropriations P per SR 28.8 06/05 Senate Floor P 26-5 07/10 Amended 7/23 07/15 Assembly Health P 13-6 08/28 Assembly Appropriations P 13-8 09/02 Assembly Inactive File STATUS: Pending Assembly Floor Vote (Two-Year Bill) SB 462 (Rosenthal) Support (HOD) 6/97 Existing law prohibits medical providers from charging patients for clinical lab tests if the test is not actually perform or supervised in their offices. This bill would allow physicians to charge for HIV tests, if the test kit bought by the doctors includes the cost of the lab fee. ACTIONS: 2/19/97 Introduced 04/08 Amended 04/17 Senate Health Cmte P 8-0 04/24 To Senate Appropriations STATUS: Pending Senate Appropriations (Two Year Bill) SB 719 (Johnston) Support (HOD) 8/97 Expands COBRA to require health care service plan contract and group disability insurance contract or policy providing specified coverage to employers with 2 to 19 eligible employees to offer continuation coverage to a qualified beneficiary under the contract upon a qualifying event, i.e., termination, etc., without evidence of insurability. This bill would limit premiums to a percentage of the rate charged to a covered employee. ACTIONS: 02/25/97 Introduced 04/14 Amended 5/6, 7/11, 7/22, 7/23, 9/5 04/24 Senate Insurance P 8-0 04/12 Senate Appropriations P per SR 28.8 05/23 Senate Floor P 37-0 07/22 Assembly Health P 15-0 08/28 Assembly Appropriations P 20-0 09/09 Assembly Floor P 74-2 09/11 Sen. Adopted Amendments P 31-4 09/19 Enrolled and Sent to the Governor 10/03 Signed by Governor Wilson STATUS: 10/06 Chaptered by the Secretary of State - Ch. 665, '97 Statutes SB 1137 (Kopp) Watch (HOD) 6/97 Would allow life and disability agents to be licensed as viatical settlement brokers and would authorize the Insurance Commissioner to adopt conflict of interest regulations. Staff is doing research on the provisions in this bill to require additional education, if any; also checking on conflict of interest issues. ACTIONS: 2/28/97 Introduced 04/09 Amended 4/14, 4/21, 7/7 04/23 Senate Insurance Cmte P 8-0 05/12 Senate Appropriations P per SR 28.8 05/22 Senate Floor P 38-0 07/01 Assembly Insurance P 15-0 07/16 Assembly Appropriations P 21-0 07/21 Assembly Floor P 77-0 08/04 Senate Adopted Amend. P 38-0 08/15 Enrolled. Signed by Gov. Wilson STATUS: Chaptered by. Sec. of State. Ch. 278, `97 Statutes SB 1262 (Johnston) Watch (HOD) 6/97 Existing law authorizes life and disability insurers to decline an insurance application on the basis of a positive HIV test performed at the discretion of the insurer on the applicant's blood. This bill would expand this to include any test performed by the insurer on any specimen of the applicant. Reflects the changes in testing procedures, including oral tests. ACTIONS: 2/28/97 Introduced 05/07 Senate Health Cmte P 7-0 05/15 Senate Floor Vote P 32-0 06/25 Amended 7/17 07/01 Assembly Insurance P 15-0 08/11 Assembly Floor P 76-0 08/29 Sen. Adopted Amend. P 36-0 09/05 Enrolled and Sent to the Governor 09/25 Signed by Governor Wilson STATUS: Chaptered by the Secretary of State - Ch. 496, '97 Statutes Medical Liability Issues AB 250 (Kuehl) Support (HOD) 6/97 Requires that the $250,000 limitation on non-economic losses shall NOT apply if the healthcare provider acted in any of the following ways: 1) consumed alcohol or illegal drugs that impaired his or her ability to perform professional services causing injury to the plaintiff; the healthcare provider has had three or more disciplinary actions taken against him or her; 3) committed sexual abuse or misconduct upon the plaintiff; 4) the injury resulted from gross negligence; 5) the negligence or misconduct resulted in death; 6) the injury was to a person under the age of 14 years. ACTIONS: 02/11/97 Introduced 05/07 Assembly Judiciary Committee P 9-4 05/13 Amended 05/20 To Assembly Inactive File STATUS: Pending Assembly Floor Vote (Two-Year Bill) AB 1220 (Migden) Support (HOD) 6/97 Requires that the $250,000 limitation on non-economic losses shall NOT apply if the healthcare provider acted in any of the following ways: 1) refused or delayed evaluation, diagnosis, treatment, or made a referral to another health care provider for the provider's economic benefit; 2) failed to refer to another health care provider who possessed the requisite skill, training and expertise; 3) administered an evaluation, diagnosis, or treatment without possessing the requisite skill, training, or expertise. ACTIONS: 02/28/97 Introduced 03/20 To Assembly Judiciary STATUS: Pending Assembly Judiciary (Two Year Bill) Medi-Cal and AFDC Related AB 426 (Gallegos) Support (HOD) 6/97 Requires Medi-Cal to test enrollment information materials for cultural and linguistic appropriateness and ease of comprehension. ACTIONS: 02/20/97 Introduced 04/15 Assembly Health Committee P 16-1 05/01 Amended 5/1, 5/30 05/28 Assembly Appropriations P 13-8 06/03 Assembly Floor P 65-7 06/25 Senate Health F 4-2 07/02 Senate Health P 6-0 07/14 Senate Appropriations P 8-0 08/04 To Senate Inactive File STATUS: Pending Senate Floor Vote (Two-Year Bill) SB 163 (Solis) Support (HOD) 6/97 Exempts eligible relative caregivers from the 2-year work participation requirements and the 5-year eligibility limitations contained in new federal laws. ACTIONS: 01/16/97 Introduced 03/06 Amended 03/06, 03/31, 6/2, 9/8 03/12 Senate Health Cmte P 8-0 05/29 Senate Appropriations P 9-2 06/04 Senate Floor P 24-10 09/05 Assembly Health & H.S. P 6-0 09/09 Assembly Appropriation P 21-0 09/11 Assembly Floor P 77-1 09/13 Sen. Adopted Amend. P 30-0 09/22 Enrolled and Sent to the Governor 10/09 Signed by Governor Wilson STATUS: Chaptered by the Secretary of State - Ch. 795, '97 Statutes Prevention-Related items AB 995 (Pacheco) Opposed (HOD) 6/97 Gassing. Irate inmates have been known to throw handfuls of fecal matter at prison guards, an activity known as "gassing." Originally this bill would have made gassing an "assault with a deadly weapon". AB 995 has been amended to make gassing "aggravated battery"; all references to HIV have been taken out; the bill does refer to tuberculosis and hepatitis. ACTIONS: 02/27/97 Introduced 04/15 Assembly Public Safety P 8-0 04/28 Amended 7/10, 7/21 05/30 Assembly Appropriations P 17-4 06/05 Assembly Floor P 76-1 07/15 Senate Public Safety P 8-0 08/25 Senate Appropriations P 11-0 09/03 Senate Floor P 34-0 09/09 Senate Adopted Amendments P 71-3 09/17 Enrolled and Sent to the Governor 09/30 Signed by Governor Wilson STATUS: Chaptered by the Secretary of State - Ch. 591, '97 Statutes SB 274 (Watson) Support (HOD) 6/97 Tuberculosis control. Would authorize DHS to make grants to local health jurisdictions or joint entities to fund secured housing for recalcitrant patients to enable local health officers to implement legal orders of detention for the examination and treatment of tuberculosis. ACTIONS: 02/05/97 Introduced 02/13 To Senate Health STATUS: Pending Senate Health (Two-Year Bill)Cmte *********************************************************************** Possible Legislative Positions SPONSOR: LIFE to participate in drafting, strategy, lobbying, and amendments to bill, in conjunction with the author's office and other sponsors (if any). Support: Support of the bill. Support Seeking Amendment: Support stands regardless of the fate of amendments. Support IF Amended: Support when amendments are accepted. Neutral Watch: No action, just watching. Opposed Unless Amended: Authors and sponsors are notified of LIFE's opposition unless LIFE's amendments are accepted. Opposed No Position NOTES * Two Year Bill - A bill that has missed legislative deadlines for the first year of the two year session; has failed and has been granted reconsideration; or has been postponed because of lack of votes or other reasons. Two-year bills return early in the second year of the two year session and begin the legislative process where they were left off. Constitutional Amendments and Resolutions have different deadlines than typical Assembly and Senate Bills and as such are usually two year bills. * Rule 28.8 - Signifies that a bill has been deemed to have no fiscal impact and is passed by the Appropriations Committee with out a hearing (Joint Rule 28.8). This legislative update has been brought to you by LIFE: California's Lesbian, Gay, Bisexual, Transgender and HIV/AIDS Lobby. LIFE has been lobbying on behalf of California's lesbian, gay, bisexual, transgender and HIV-affected communities since 1986. Our organization is the oldest and largest institution representing these communities in California's State Capitol and is proud to celebrate over a decade of service. If you would like further information about LIFE's activities, events or membership, please contact our office at: LIFE: California's Lesbian, Gay, Bisexual, Transgender & HIV/AIDS Lobby 1301 H Street Sacramento, California 95814-1906 Phone: 916-444-0424 Fax: 916-444-3059 E-Mail: life.info@lifelobby.org Website: http://www.lifelobby.org