Subject: CA: HIV & Healthcare Legislative Update
From: Laurie McBride <[email-masked]>
Date: Tue, 24 Jun 1997 15:12:12

June 23, 1997

LEGISLATIVE UPDATE: HIV/Health Care Policy
Contacts:		Laurie McBride, Executive Director
		Ellen McCormick, Legislative Advocate
		Sam Catalano, Legislative Assistant

1997 PRIORITIES:  1997-98 CALIFORNIA STATE BUDGET 

1997 AIDS Budget
The Budget Sub-Committees of Health for both the California State Assembly
and State Senate have held their first hearings.   Budget Sub-Committee
proposals are a critical first step in the budget process.  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)
BACKGROUND:  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 would now come from General Funds.  In fact, the
Governor's May Revise budget (updated after budget hearings) now calls 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 is strongly in support of the current
budget proposal.  Support  

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.

Centralization of ADAP (Pharmaceutical Benefit Management Contract)
BACKGROUND:  ADAP pharmacy services are currently administered through a
decentralized system.  DHS has issued a request for proposal (RFP) to
solicit bids from Pharmaceutical Benefit Management companies (PBM).  Why? 
To reduce costs without reducing availability of drugs or capping the
number of prescriptions filled.  Other benefits would include better data
collection, better prices on drugs, and drug rebates to the state.  
	Los Angeles, which utilizes some 40-45% of ADAP in California, does not
participate in the state run ADAP program.  Thus the state does not realize
any rebates from that portion of ADAP use.  
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.  The primary
proponent of the carve-out is AIDS Healthcare Foundation.  Opposed to the
carve-out are the members of the AIDS Budget Coalition, including LIFE.
	Currently:  While the full budget accord has not been reached as of this
date, it appears that the Senate version, favoring statewide centralization
with no carve out for Los Angeles, will prevail.  The company picked to
administer the statewide ADAP program has proposed a provider network far
exceeding the existing network.  Further, this company has put in place
strong consumer protections.
             Position:  Support Centralization with No Carve-Out 

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.

Medi-Cal Funding for Recombinant Human Growth Hormone (RHGH)
BACKGROUND:  The Governor's Budget included $32,410,000 and $57,672,000 in
General Fund (and also corresponding federal funds) within the Medi-Cal
estimate for the current and budget years, respectively, to fund the State
share of the new RHGH drug's costs.  State law requires Medi-Cal to cover
all new drugs approved by FDA.  RHGH has been approved as a means of
maintaining body weight for people with AIDS.
SUB-COMMITTEE RECOMMENDATIONS:  Conference item.  The Senate Budget
Sub-Committee did not deal with this item.  The Assembly Budget
Sub-Committee reduced the amount for the current year and budget year by an
amount sufficient to cover other budget restorations (e.g., the $12.9
million for ADAP, the $1m for HIV testing in Family Planning Clinics,
etc.).  This savings is possible because of a much lower utilization of
RHGH since its availability in December, 1996.  The Governor's May Revise
reflects similar savings.

AB 889 (Gallegos)			Oppose Unless Amended
Expanding and speeding up the addition of newly approved drugs to the ADAP
formulary.  Current law requires that all HIV therapies are included on the
Medi-Cal formulary, and all newly approved drugs are added automatically.
Thus Medi-Cal recipients have access to the full range of therapies for the
treatment of HIV.
     Under the AIDS Drug Assistance Program (ADAP), however, the drug
formulary of existing drugs is limited, and the addition of newly approved
drugs is not automatic.  Adding new therapies to the ADAP formulary is a
prolonged process, involving review by a medical advisory committee and
cost neutrality studies by the Department of Health Services and Department
of Finance.  
      AB 889 would expand the existing ADAP formulary by requiring the
program to give any drug available to any eligible person with certain
provisions.
	Opponents feel that enactment of this bill could actually damage, even
bankrupt ADAP since, unlike Medi-Cal, ADAP has limited funds.  Once funds
run out, there is no mandate in place that would require the state or
federal government to continue the program.  Even a temporary interruption
in the accessibility of ADAP drugs would endanger thousands of
Californians.  Until the funding mechanism is worked out, LIFE's House of
Delegates continues to oppose.
ACTIONS:	02/27/97	Introduced
		04/08	Assembly Health Committee 	P 16-0
		04/15	amended 4/08, 5/23
		05/28	Assembly Appropriations	P 15-2
		06/03	Assembly Floor	P 58-19		
STATUS:		pending Senate Health Cmte

AB 967  (Migden) 					Support 
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
		05/13	Assembly Health Cmte	P 18-0
		05/23	Assembly Floor	P 71-0
STATUS:		pending Senate Health Cmte

1997 PRIORITIES:  DISABILITY DETERMINATIONS/INSURANCE

AB 1099 (Migden) 		 		Support 
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.
ACTIONS:	02/27/97	Introduced
		04/09	amended  04/09, 04/17, 5/15, 5/27
		04/22	Assembly Health Committee  	P 15-1
		05/21	Assembly Appropriations	P 16-1
		06/03	Assembly Floor	P 77-1
STATUS:		Pending Senate Health Cmte

AB 1052 (Villaraigosa)				Support 
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 Committee 	P 20-0
		05/21	Assembly Appropriations	P 15-3
		05/29	Assembly Floor	P 57-16
STATUS:	05/21	Pending Senate Health Cmte

AB 1137 (Ducheny)				Watch 
Identical to the initial version of AB 1052 by Villaraigosa.  Still in
Assembly Health Committee.

SB 495 (Rosenthal)				Support 
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
STATUS:		Pending Assembly Insurance Cmte

SB 964 (Knight)					Oppose 
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
		0423	Senate Industrial Relations Cmte 	F 3-4
STATUS:		Stalled in Senate Industrial Relations

SB 1035 (Polanco)				Support 
Sets up a pilot project 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.
     SB 1035 failed its first vote on the Senate floor; it needed 2/3 vote
to pass.  The 6/4 amendment made it a majority vote bill.  It passed upon
reconsideration.
ACTIONS:	02/27/97	Introduced
		04/16	Senate Health Cmte  	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
STATUS:		Pending Assembly Health Cmte

1997 PRIORITIES:  ACCESS TO HEALTHCARE & SERVICES/ MANAGED CARE

AB 7 (Brown)						Support 
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
		04/01	Assembly Health Cmte  	P 19-0
		04/08	Assembly Insurance Cmte  	P   9-3
		05/07	Assembly Appropriations  	P 13-2
		05/19	Assembly Floor	P 56-15
STATUS:		Pending Senate Insurance Cmte

AB 12 (Figueroa)					Support 
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
			amended 2/27, 2/28, 3/13, 3/31, 5/20
		04/01	Assembly Health Cmte       	P  14-1
		04/08	Assembly Insurance Cmte  	P 13-2
		04/23	Assembly Appropriations    	P 16-3
		05/08	Assembly Floor                  	P 65-8
STATUS:		Pending Senate Insurance Cmte

AB 38 (Figueroa)					Support 
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 caesarean section.
ACTIONS:	12/02/96	Introduced
		03/13	amended 3/13, 4/07, 6/12
		04/01	Assembly Health Cmte  	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 Cmte	P  7-0
STATUS:		Pending Senate Appropriations

AB 269  (Ortiz)						Support 
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
the some assurances that proper care is available.
ACTIONS:	02/13/97	Introduced
		04/15	Assembly Health Cmte   	P 14-5
		04/28	amended 4/28, 6/2
		05/30	Assembly Appropriations	P 13-8
		06/04	Assembly Floor	P 43-37
STATUS:		Pending Senate Insurance Cmte

AB 341 (Sweeney)					Support 
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
STATUS:		Pending Senate Insurance Cmte

AB 434 (Gallegos)					Support 
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
		04/15	Assembly Health Cmte	P 17-0
		05/21	Assembly Appropriations	P 16-4
		06/04	Assembly Floor	P 54-13
STATUS:		Pending Senate Insurance Cmte

AB 497 (Wildman)					Support 
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
		05/30	Assembly Appropriations	P 13-8
		06/04	Assembly Floor	P 42-36
STATUS:		Pending Senate Insurance Cmte

AB 536 (Gallegos)					Support 
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
		04/15	Assembly Health Committee  	P 16-1
		05/28	Assembly Appropriations	P 13-6
		06/02	Assembly Floor 	P 55-20
STATUS:		Pending Senate Business & Professions Cmte

AB 663 (Ortiz)						Support 
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, would develop public health capacity
standards to evaluate each counties "disease control capability".  Any
county that fails the evaluation would be eligible, based on demonstrated
financial need, to receive state funding.  There is 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
STATUS:		Pending Senate Health Cmte

AB 794 (Figueroa)					Support 
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
		04/22	Assembly Insurance        	P 9-1
		05/14	Assembly Appropriations	P 11-5
		05/29	Assembly Floor	P 50-22
STATUS:		Pending Senate Business & Professions Cmte

AB 1100 (Thomson and Perata)				Support 		
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 05/06, 05/08
		05/30	Assembly Appropriations	P 15-5
		06/05	Assembly Floor	P 43-31
STATUS:		Pending Senate Insurance Cmte

AB 1208 (Migden)					Support 
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 Appropriations Cmte	P 11-7
		05/22	Assembly Floor	P 46-29
STATUS:		Pending Senate Health Cmte

AB 1298 (Villaraigosa)					Support 
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
HMO's 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
		05/08	Assembly Floor               	P  73-0
STATUS:	Pending Senate Judiciary Cmte

SB 253 (Burton) 					Support 
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 Industrial Relations Cmte  	P 4-2
		04/14	amended
		05/12	Senate Appropriations  	P 7-5
		05/22	Senate Floor	P 22-15
STATUS:		Pending Assembly Health Cmte

SB 324 (Rosenthal)					Support 
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 & Professions Cmte  P 7-0
		05/12	Senate Appropriations Cmte             	P 7-3
		05/28	amended
		06/03	Senate Floor	P 21-12
STATUS:		Pending Assembly Health Cmte

1997 PRIORITIES:  HIV PREVENTION/ EDUCATION/ HARM REDUCTION

AB 600 (Kuehl) 						Support 
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 counselling; 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	
		06/05	Assembly Floor	P 42-32
STATUS:		Pending Senate Health Cmte

AB 818 (Martinez)					Support 
Existing law requires prenatal care providers to offer HIV testing to
pregnant women (along with counselling 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 counselling.  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
STATUS:		Pending Senate Health Cmte

AB 881 (Runner)					Oppose 
Would require every general acute care hospital to test every newborn;
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
STATUS:	Pending Assembly Health Cmte, No hearing date scheduled

SB 560 (Hayden)					Support 
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,
		05/07	Senate Revenue & Tax Cmte	P 6-0
		05/29	Senate Appropriations	P 12-0
		06/04	Senate Floor	P 27-10
STATUS:		Pending Assembly Health Cmte

SB 862 (Lee)						Support If Amended 
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
		05/05	Senate Rules Committee	P 3-1
		05/22	Senate Appropriations	P 8-4
		06/05	Senate Floor	P 21-13
STATUS:		Pending Assembly Consumer Protection Cmte

SB 885 (Watson)					Support 
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
STATUS:	05/19	Pending Assembly Health Cmte

SB 1007 (Vasconcellos) 				Support 
Comprehensive Statewide Plan for Prevention and Treatment of HIV/AIDS:  To
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.
	LIFE sought and received several amendments, including inclusion of PLWH
on the Task Force (3 positions out of 15).  Another amendment specified the
Office of AIDS (OA) Care Section and the OA Prevention Section as having
the responsibility to staff the Task Force.
ACTIONS:	02/27/97	Introduced
		04/14	amended
		04/23	Senate Health Cmte  	P 6-0
		05/12	Senate Appropriations Cmte  	P 9-2
		05/22	Senate Floor	P 29-6
STATUS:		Pending Assembly Health Cmte

SB 1110 (Leslie)					Oppose 
Positive Parental Consent 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.  Further
prohibitions on such discussions in general school assemblies even by
school personnel without positive parental permission.  Also adds emphasis
on monogamy and other virtues to existing emphasis on abstinence.  Changes
requirement for instruction on compassion for people with AIDS to
compassion for "anyone with a debilitating handicap(s) and/or terminal
disease."  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
		05/29	Senate Appropriations	P 12-0
		06/04	Senate Floor	P 27-3
STATUS:		Assembly Cmte

SB 1301 (Leslie)					Oppose 
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 Committee	F 4-3
STATUS:		Stalled in Senate Judiciary Cmte

(  1997 PRIORITIES:  MEDICAL USE OF MARIJUANA

AB 610 (Margett)					Oppose 
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
STATUS:	Pending hearings in Assembly Health & Assembly Agriculture 
		a Two year bill

SB 535 (Vasconcellos) 					Support  
Would create a Marijuana Research Program.  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.
ACTIONS:	02/24/97	Introduced
		03/31	amended 3/31, 4/10, 5/20, 5/23
		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
STATUS:		Pending Assembly Cmte

HIV, THE PRISONS AND CRIMINAL JUSTICE

AB 29 (Villaraigosa) 					Support 
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
		04/15	Assembly Public Safety  	P 8-0
		05/21	Assembly Appropriations	P 13-5
		05/29	Assembly Floor	P 56-16
STATUS:		Pending Senate Public Safety Cmte

SB 705  (Rainey)					Oppose 
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.  
ACTIONS:	02/25/97	Introduced
		04/07	amended 4/07, 4/16, 5/01, 5/06
		04/22	Senate Public Safety Cmte	P 5-0
		05/19	Senate Appropriations	P 7-0
		05/27	Senate Floor	P 25-1
STATUS:		Pending Assembly Public Safety Cmte

 
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.  However, LIFE has not analized all the details of these
plans.

AB 534 (Thomson)						Watch 
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	Introduce
		05/06	Assembly Health	P 19-0
		05/19	Assembly Floor	P 52-20
STATUS:		Pending Senate Cmte

AB 1112 (Gallegos)						Watch
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
STATUS:		Pending Senate Insurance Cmte

AB 1126 (Villaraigosa)						Support
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
		05/06	Assembly Health	P 19-0
		05/19	Assembly Floor	P 48-23
STATUS:		Pending Senate Cmte

AB 1430 (Figueroa)						Watch
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
STATUS:		Pending Senate Insurance Cmte

SB 954 (Rosenthal)						Watch
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, 4/17, 6/4
		04/23	Senate Health Cmte	P 5-2
		06/04	Senate Appropriations	P
		06/05	Senate Floor	P 21-15
STATUS:		Pending Assembly Health Cmte

MISC INSURANCE ISSUES

AB 49 (Murray) 						Support
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.  
ACTIONS:	12/02/96	Introduced
		03/20/97	amended 03/20, 04/23
		04/01	Assembly Insurance Cmte	P   9-2
		04/16	Assembly Appropriations	P 15-3
		05/05	Assembly Floor Vote	P 70-5
STATUS:		Pending Senate Cmte

AB 489 (Figueroa)						Support
Viatical insurance bill sponsored by APLA which would allow owners of group
Life Insurance policies to make viatical settlements.
ACTIONS:	06/04	Assembly Floor 	P 75-3
STATUS:		Pending Senate Insurance Cmte

SB 393 (Rosenthal)						Support
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 Cmte	P 6-1
		05/12	Senate Appropriations Cmte	P
		06/03	amended
		06/05	Senate Floor	P 26-5
STATUS:		Pending Assembly Health Cmte

SB 462 (Rosenthal)						Support
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
		04/17	Senate Health Cmte	P 8-0
STATUS:		Pending Senate Appropriations 

SB 1137 (Kopp)							Watch 
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
			amended:  4/09, 4/14, 4/21
		04/23	Senate Insurance Cmte	P 8-0
		05/12	Senate Appropriations Cmte	P
		05/22	Senate Floor 	P 38-0	
STATUS:		Pending Assembly Insurance Cmte

SB 1262 (Johnston)						Watch
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
STATUS:		Pending Assembly Insurance Cmte

MEDICAL LIABILITY ISSUES

AB 250 (Kuehl)							Support
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
STATUS:		Assembly Inactive File

AB 1220 (Migden)						Support
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
STATUS:		Pending Assembly Judiciary Cmte

MEDI-CAL AND AFDC RELATED

AB 426 (Gallegos)						Support
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
STATUS:		Pending Senate Health Cmte

SB 163 (Solis)							Support
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, 6/3
		03/12	Senate Health Cmte	P 8-0
		05/29	Senate Appropriations	P 8-0
		06/04	Senate Floor	P 24-10	
STATUS:		Pending Assembly Cmte
s PREVENTION-RELATED ITEMS

AB 995 (Pacheco)						Oppose
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 Cmte	P 8-0
		04/28	amended
		05/30	Assembly Appropriations	P 17-4
		06/05	Assembly Floor	P 76-1
STATUS:		Pending Senate Public Safety Cmte

SB 274 (Watson)						Support
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
STATUS:		Pending Senate Health 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.
Oppose Unless Amended:  Authors and sponsors are notified of LIFE's
opposition unless LIFE's amendments are accepted.
Oppose
No Position