BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: AB 2216 --------------------------------------------------------------- |AUTHOR: |Bonta | |---------------+-----------------------------------------------| |VERSION: |May 27, 2016 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |June 22, 2016 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Melanie Moreno | --------------------------------------------------------------- SUBJECT : Primary care residency programs: grant program SUMMARY :1) Creates the Teaching Health Center Primary Care Graduate Medical Education Fund (Fund) and requires the Office of Statewide Health Planning and Development director, subject to appropriation by the Legislature, to award planning and development grants and sustaining grants from the Fund to teaching health centers for the purpose of establishing new accredited or expanded primary care residency programs. Existing law: 1)Establishes the California Healthcare Workforce Policy Commission (Commission) and requires the Commission to, among other things, identify specific areas of the state where unmet priority needs for primary care family physicians and registered nurses exist; establish standards for family practice training programs, family practice residency programs, primary care physician assistants programs, and programs that train primary care nurse practitioners; and review and make recommendations to Office of Statewide Health Planning and Development (OSHPD) concerning the funding of those programs that are submitted to the Health Professions Development Program for participation in the state medical contract program. 2)Establishes the Health Professions Education Foundation (HPEF) within OSHPD. Requires the HPEF to solicit and receive funds from Foundations and other private and public sources and to provide financial assistance in the form of scholarships or loans to students in the health professions who are from underrepresented groups. Provides that HPEF governed by a board consisting of 13 members appointed by the Governor, Speaker of the Assembly, and Senate Rules Committee. AB 2216 (Bonta) Page 2 of ? 3)Establishes, under the HPEF, scholarship, loan, and loan repayment programs for registered nurses, vocational nurses, geriatric nurse practitioners, clinical nurse specialists, and mental health professionals who agree to practice for specified periods of time in underserved areas and in designated practice settings, as specified. 4)Establishes, under HPEF, the Steven M. Thompson Physician Corps Loan Repayment Program (STPCLRP), which provides for the repayment of educational loans for licensed physicians and surgeons who practice in medically underserved areas of the state, as defined. Requires HPEF, in administering the STPCLRP, to use and develop guidelines for applicants that give preference to applicants who are best suited to meet the cultural and linguistic needs of patients in medically underserved populations, as specified, and who agree to practice in geriatric care settings. Also allows HPEF to appoint a selection committee to provide policy direction and guidance to the STPCLRP. Requires funds for loan repayment under the STPCLRP to have a funding match from a Foundation or other private source. Establishes a Medically Underserved Account for Physicians within the Fund, the primary purpose of which is to provide funding for the STPCLRP. 5)Establishes within OSHPD the Health Professions Education Fund to receive funds for scholarships and loans to students from underrepresented groups who are enrolled in or accepted to schools of medicine, dentistry, nursing, and other health professions. Provides that moneys in the fund are continuously appropriated. 6)Establishes the Song-Brown Health Care Workforce Training Act of 1973 (Song-Brown Act), administered by OSHPD to provide financial support to family practice residency programs, nurse practitioner and physician assistant programs, and registered nurse education programs to increase the number of students and residents receiving education and training in family practice and nursing. The Song-Brown Act also encourages universities and primary care health professionals to provide health care in medically underserved areas. This bill: 1)Creates the Fund within the State Treasury. AB 2216 (Bonta) Page 3 of ? 2)Requires the OSHPD director, subject to appropriation by the Legislature, to award planning and development grants from the Fund to teaching health centers for the purpose of establishing new accredited or expanded primary care residency programs. 3)Requires grants awarded under this bill to be for a term of not more than three years. Prohibits the maximum award to a teaching health center from being more than $500,000. 4)Requires grants awarded under this bill be used to cover the costs of establishing or expanding a primary care residency training program, as specified, including costs associated with curriculum development, recruitment, training, and retention of residents and faculty, accreditation by the Accreditation Council for Graduate Medical Education (ACGME), the American Dental Association (ADA), or the American Osteopathic Association (AOA), faculty salaries during the development phase, and technical assistance. 5)Requires a teaching health center seeking a grant under this bill to submit an application to OSHPD in the format it prescribes. Requires the OSHPD director to evaluate those applications and award grants based on criteria consistent with a teaching health center's readiness and other factors indicating the likelihood of success at implementing a primary care residency program. 6)Requires the OSHPD director, subject to appropriation by the Legislature, to award sustaining grants from the Fund to teaching health centers operating primary care residency programs accredited by ACGME, ADA, or AOA. 7)Requires OSHPD to determine the amount of grants awarded per resident by taking into account the direct and indirect costs of graduate medical education and requires grant awards amount per resident to be updated, as appropriate, on an annual basis. 8)Requires OSHPD to promulgate emergency regulations to implement this bill. 9)Requires implementation of this bill to be subject to an appropriation in the annual Budget Act for these purposes. AB 2216 (Bonta) Page 4 of ? FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)General Fund (GF) cost pressure, ranging from the low millions to over $10 million, to fund primary care residency programs as envisioned by this bill. The program could be funded at anywhere within this range, as it would scale to the size of the appropriation, but a program smaller in size than the low millions would be limited in effectiveness. 2)GF costs to OSHPD to administer the new grant program. For example, administrative costs of 5% on a $15.5 million program would be around $750,000. 3)The California Primary Care Association (CPCA), the sponsor of this bill, has submitted to the budget committees a related budget request for an annual GF investment of $16.5 million GF annually as follows: $1 million for OSHPD administration, $10 million for creating new programs, and $5.5 million to sustain the existing six programs in Modesto, Fresno, San Bernardino, Redding, Bakersfield, and San Diego. 4)Assembly Budget Subcommittee 1 and Senate Subcommittee 3 have each approved $17.5 million GF to support teaching health centers' residency programs in the 2016-17 budget, similar what is proposed by this bill. PRIOR VOTES : ----------------------------------------------------------------- |Assembly Floor: |77 - 1 | |------------------------------------+----------------------------| |Assembly Appropriations Committee: |20 - 0 | |------------------------------------+----------------------------| |Assembly Health Committee: |19 - 0 | | | | ----------------------------------------------------------------- COMMENTS : 1)Author's statement. According to the author, teaching health centers are a proven model for addressing the primary care provider shortage that six of nine California regions face. Forty percent of graduates from teaching health centers become AB 2216 (Bonta) Page 5 of ? primary care providers in nonprofit, community health centers working with underserved communities as opposed to just four percent of traditional medical residents. California's six teaching health centers sites are providing training to over seventy residents that are not only committed to primary care practice, but also to serving underserved communities and health shortage areas. This bill will help ensure California has a sufficient supply of health workforce professionals to serve the needs of our diverse state. 2)Primary Care in California. California is home to the largest number of primary care physicians and nurse practitioner in the country. However, the state ranks 23rd in the number of primary care physicians per resident. An August 2014 report by the California HealthCare Foundation states that California has only 35 to 49 primary care physicians per 100,000 Medi-Cal enrollees. Federal guidelines call for the state to have 60 to 80 doctors per 100,000 patients. The supply of primary care physicians also varies substantially across California's counties. The number of primary care physicians actively practicing in California counties is, in too many cases, at the bottom range of, or below, the state's need. According to 2011 Health Resources and Services Administration (HRSA) data, 29 of California's 58 counties fall at the lower end, or below, the needed supply range for primary care physicians. In other words, half of Californians live in a community where they do not have adequate access to the health care services they need. 3)The Affordable Care Act (ACA). Under the ACA, about five million Californians have enrolled in either private insurance or Medi-Cal. There are now 12 million Medi-Cal enrollees, about one third of California's population. The newly insured will increase demand for health care from an already strained system. Furthermore, the ACA will change how care is delivered. It provides incentives for expanded and improved primary care, which may affect demand for some health care professionals more than others, and encourages the creation of team-based models of service delivery. Research indicates that health care reform will place higher skill demands on all members of the health care workforce as systems try to improve quality while limiting costs. The scale of change with health care reform is unlike anything that California has previously faced. Studies have found that persons with health insurance use more health care services than uninsured persons, AB 2216 (Bonta) Page 6 of ? particularly in primary care and preventive services. This was found in Massachusetts, which experienced a substantial increase in demand for primary care services as a result of its 2006 health reform. A February 2, 2015 article in the San Jose Mercury News reported that the primary care physician shortage combined with the millions of newly insured has resulted in significant delays in seeing a doctor and crowded emergency rooms. According to the Mercury News article, "? many experts say the problems are so widespread they shouldn't be ignored." 4)California workforce development programs. The state currently operates a number of programs designed to increase the number of health care professionals practicing in medically underserved areas: a) HPEF. Established in 1987 and housed within OSHPD, HPEF is a non-profit foundation statutorily created to provide financial incentives to aspiring and practicing health professionals. The foundation offers six scholarships and seven loan repayment programs in several allied health professions, including nursing, mental health, dentistry, and medicine. Scholarship programs provide financial assistance to healthcare students who are attending a California accredited college or university and agree to practice in California's underserved communities upon graduation. Loan repayment programs are offered to working health professionals to assist in repayment of their education debt in exchange for a service obligation. Service obligations are typically one to three years, and vary depending on the program. Awards range from $4,000 to $105,000 dependent on profession and length of service obligation. HPEF has increased access to care in the state's underserved areas via 6,693 awards totaling more than $60 million to health practitioner awardees serving in 57 of the state's 58 counties; b) California State Loan Repayment Program (SLRP). Provides educational loan repayment assistance to primary health care professionals who provide health care services in federally designated Health Professional Shortage Areas (HPSAs). Eligible health professionals include physicians specializing in primary care fields, nurse practitioners, certified nurse-midwives, general practice dentists, registered dental hygienists, clinical AB 2216 (Bonta) Page 7 of ? or counseling psychologists, clinical social workers, licensed counselors, pharmacists, physician assistants, psychiatric nurse specialists, and marriage and family therapists. Eligible health professionals must be employed by or have accepted employment at a SLRP Certified Eligible Site (which includes rural health clinics, community health clinics, county facilities, and federally qualified health centers) and must commit to providing full-time or half-time primary care services in a HPSA for a minimum of two years. Health professionals may receive up to $50,000 in exchange for a two year full-time service obligation and/or $25,000 for a two year half-time service obligation; individuals can receive up to $150,000 over six years at full-time and $75,00 for half-time. SLRP award amounts are matched by the site(s) in which the health professional is practicing, on a dollar-for-dollar basis, in addition to salary. The SLRP is funded through a grant from the Health Resources and Services Administration Bureau of Clinician Recruitment and Service, National Health Service Corps (NHSC) and is administered by OSHPD; c) Steven M. Thompson Physician Corps Loan Repayment Program. This program is available for individuals who have a valid, unrestricted license to practice medicine in California as an allopathic or osteopathic physician and surgeon. This program encourages recently licensed physicians and surgeons to practice in HPSAs and Primary Care Shortage Areas (PCSA) in California. Physicians and surgeons pay an additional $25 fee during initial and renewal of licensure to fund the program. The program repays up to $105,000 in educational loans in exchange for full-time service for a three-year commitment for those currently employed or who have accepted employment in an HPSA or PCSA. Priority consideration is given to applicants who are best suited to meet the cultural and linguistic needs and demands of patients from medically underserved populations and who meet one or more of the following: speak a Medi-Cal threshold language; come from an economically disadvantaged background; have received significant training in cultural and linguistically appropriate service delivery; and have three years of experience providing health care services to medically underserved populations or in a medically underserved area. Preference is also given to those who agree to practice in a medically underserved area and who agree to AB 2216 (Bonta) Page 8 of ? serve a medically underserved population. Up to 20% of the available funds may be awarded to program applicants from specialties outside of the primary care specialties, including psychiatry, anesthesiology, emergency medicine, endocrinology and diabetes, general surgery, pediatric emergency medicine, and child neurology; d) Song-Brown Program. The Song-Brown Program was established in 1973 to increase the number of family physicians in the state and increase the number of family medicine residency programs. Currently, Song-Brown provides financial support to family medicine and primary care residency (Internal Medicine, OB/GYN and Pediatric) programs, family nurse practitioner programs, primary care physician assistant training programs, and registered nurse education programs. Funding is provided to institutions that provide clinical training and education in underserved areas, and healthcare to the state's underserved population; e) Mini Grants Program (Mini Grants). Provides grants to organizations supporting underrepresented and economically disadvantaged students in pursuit of careers in health care. Organizations receive grants of up to $15,000 to engage in health career conferences, workshops, and/or career exploration activities. Since 2005, over $2.2 million has been awarded to support organizations engaging in these activities serving nearly 56,000 students statewide. In 2014 to 2015, via partial funding from Mental Health Services Act (MHSA) Workforce Education and Training, the California Endowment, and the California State Office of Rural Health, OSHPD awarded 46 Mini Grants to organizations for a sum of $603,706. This will help support 16,555 students from demographically underrepresented groups to pursue healthcare careers; f) California Student/Resident Experiences and Rotations in Community Health (CalSEARCH. Provides grants to organizations that support student and resident rotations from primary care and mental health disciplines in community clinics, health centers, and public mental health system sites which expose students, residents and practitioners to underserved communities. Organizations awarded receive funding to administer the program and to provide students, residents, and preceptors and mentors a small stipend for completing the program. In addition to completing a rotation in an underserved area, participants are also required to complete a community AB 2216 (Bonta) Page 9 of ? project. From 2009 to 2012, 150 students and residents were supported via an American Recovery and Reinvestment Act grant. In 2014 to2015, via funding from the MHSA Workforce Education and Training and The California Endowment, OSHPD granted 12 awards to organizations for a sum of $317,000 which will help support 92 participants statewide; g) Licensed Mental Health Services Provider Education Program. This program is available to individuals who are licensed/registered mental health professionals with either the Board of Behavioral Sciences or the Board of Psychology. According to OSHPD, the following individuals qualify for this program: licensed psychologist, registered psychologist, postdoctoral psychological fellow/trainee, LMFT, marriage and family therapist intern, LCSW, and ACSW. These individuals pay an additional $10 fee during initial and renewal license/registration to fund the program. For a 24-month service obligation at a "qualified facility," providing a minimum of 32 hours of direct patient care, an individual may receive up to $15,000 for loan repayment. Applicants can only receive two awards for a total possible award of up to $30,000 for loan repayment. "Qualified facility" is defined as: 1) a publicly funded facility, 2) a publicly funded or public MH facility, or 3) a nonprofit, private MH facility that contracts with a county MH entity or facility to provide MH services. Selection of awards is based on the following criteria: work experience, cultural and linguistic competence, career goals, community service, community background, and fluency in a language other than English. Priority is given to individuals whose community background and commitment indicates the likelihood of long-term employment in a qualified facility even after the service obligation has ended; and, h) Mental Health Loan Assumption Program. MHLAP was created by the MHSA, which provided funding to develop a loan forgiveness program in order to retain qualified professionals working within the Public Mental Health System (PMHS). Through the Workforce Education and Training component of the Act, $10 million is allocated yearly to loan assumption awards. An award recipient may receive up to $10,000 to repay educational loans in exchange for a 12-month service obligation in a hard-to-fill or retain position within the County PMHS. AB 2216 (Bonta) Page 10 of ? Counties determine which professions are eligible for their county's hard-to-fill or retain positions. Some of the eligible professions include, but are not limited to, Registered or Licensed Psychologists, Registered or Licensed Psychiatrists, Postdoctoral Psychological Assistants, Postdoctoral Psychological Trainees, Registered or Licensed Marriage and Family Therapists, Registered or Licensed Clinical Social Workers, Licensed Professional Clinical Counselors, Licensed Professional Clinical Counselor Interns, and Registered or Licensed Psychiatric Mental Health Nurse Practitioners in California.Support, managerial and/or fiscal staff may be eligible. 5)Related legislation. SB 22 (Roth), would appropriate $300 million from the General Fund to the director of OSHPD for the purpose of funding new and existing GME physician residency positions, and supporting training faculty. SB 22 is pending in the Assembly Rules Committee. SB 1471 (Hernandez) would require funds in the Managed Care Administrative Fines and Penalties Fund to be transferred each year to the Medically Underserved Account for Physicians in the Health Professions Education Fund and to the Major Risk Medical Insurance Fund, as specified. SB 1471 is pending in the Assembly Health Committee. AB 2048 (Gray) would require OSHPD, in its administration of the National Health Service Corps State Loan Repayment Program (SLRP), to include all federally qualified health centers (FQHCs) located in California on the program's certified eligible site list. AB 2048 is set for hearing in this Committee on June 28, 2016. 6)Previous legislation. SB 1416 (Rubio and Hernandez of 2012), would have created the Graduate Medical Education Trust Fund for the purpose of funding grants to graduate medical education residency programs in California, and would have required OSHPD to develop criteria for distribution of available moneys. SB 1416 was held in the Assembly Appropriations Committee SB 635 (Hernandez) would have required funds deposited in the Managed Care Administrative Fines and Penalties Fund in excess AB 2216 (Bonta) Page 11 of ? of $1 million be transferred each year to OSHPD for the purposes of the Song-Brown Program. SB 635 was held in the Assembly Appropriations Committee. AB 589 (Perea, Chapter 339, Statutes of 2012), established the Steven M. Thompson Medical School Scholarship Program and would provide that the program is open to persons who agree in writing, prior to entering an accredited medical or osteopathic school, to serve in an eligible practice setting, as defined, for at least three years. AB 2551 (Hernandez of 2010), would have established the Health Workforce Development Fund, consisting of moneys received from federal and private sources, as specified; would have authorized the Fund to be used, upon appropriation by the Legislature, for prescribed purposes relating to health workforce development, and would have required the California Workforce Investment Board and OSHPD to report specified information to the Legislature annually, as specified. AB 2551 failed passage on the Senate Floor. AB 657 (Hernandez of 2009), would have required OSHPD, in collaboration with the California Workforce Investment Board, to establish the Health Professions Workforce Task Force, composed of specified members, to assist in the development of a health professions workforce master plan for the state and would have prescribed the functions and duties of the task force in that regard. AB 657 was vetoed by the Governor, who stated, in part, that the bill was unnecessary and duplicative of efforts already underway. AB 2375 (Hernandez of 2008), would have required OSHPD to establish the Health Professions Workforce Task Force, as specified, to assist in the development of a health professions workforce master plan. AB 2375 was held in the Senate Appropriations Committee on suspense. AB 2439 (De La Torre, Chapter 640, Statutes of 2008), requires the Medical Board of California (MBC) to assess an additional $25 fee for the initial license and license renewal of a physician or surgeon to support the STPCLRP. Requires up to 15% of the funds collected from the additional $25 fee to be dedicated to loan assistance for physicians who agree to practice in geriatric care settings, as specified. AB 2216 (Bonta) Page 12 of ? AB 327 (De La Torre, Chapter 293, Statutes of 2005), requires the MBC to assess an applicant a $50 fee for the issuance and renewal of a physician and surgeon's certificate. Specifies that payment of the fee is voluntary and directs the fees to the Medically Underserved Account for the STPCLRP. AB 920 (Aghazarian, Chapter 317, Statutes of 2005), provides for the transfer of the STPCLRP and the Physician Volunteer Program from the MBC to the California Physician Corps Program within the Foundation, effective July 1, 2006. AB 1403 (Nunez, Chapter 367, Statutes of 2004), renamed the California Physician Corps Loan Repayment Program of 2002 as the STPCLRP. AB 982 (Firebaugh, Chapter 1131, Statutes of 2002), creates the California Physician Corps Loan Repayment Program of 2002. This program is administered by the Division of Licensing of MBC for the purpose of granting loan repayment awards to physicians and surgeons working in medically underserved communities. 7)Support. CPCA states that this bill will help address California's primary care provider shortage by establishing the Fund, providing planning and development grants to THCs for the purpose of establishing new accredited or expanded primary care residency programs, and make available sustaining grants to ensure the continued operation of accredited THCs. CPCA estimates that 8,243 additional primary care physicians will be needed in California by 2030, and notes that with dwindling federal support for current THC sites and no federal investment to develop new sites, California must prioritize and demonstrate its commitment to providing access to primary care through a greater investment in the THC model. The County Health Executives Association of California and the California School Employees Association support this bill, noting that, since the passage of the ACA, the workforce of primary care physicians in California has not kept pace, especially with increasing enrollment in Medi-Cal, and this bill will assist in meeting the need for physicians to serve the growing number of newly insured and Medi-Cal patients. The Association of California Healthcare Districts (ACHD) states, healthcare districts located in rural and remote areas of the state have AB 2216 (Bonta) Page 13 of ? a difficult time recruiting health professionals to their areas. ACHD notes that THCs are on the leading edge of innovation educational programming dedicated to ensuring a relevant and sufficient supply of health workforce professionals, however due to limited and uncertain federal funding the six programs in California are in jeopardy of closing. ACHD concludes that this bill will support the expansion of primary care residency programs in California. 8)Oppose. The California Right to Life Committee, Inc. opposes this bill stating that because the definition of a California Primary Care Residency Program includes obstetrics and gynecology, they are assuming that Title X and family planning education will be included in the medical education for the residency program. SUPPORT AND OPPOSITION : Support: California Health+ Advocates (sponsor) California Primary Care Association (sponsor) AFSCME Aids Project Los Angeles Alameda Health Consortium AltaMed Health Services Corporation Ampla Health Arroyo Vista Family Health Center Association of California Healthcare Districts Borrego Health California Academy of Family Physicians California Family Health Council California Nurses Association California School Employees Association Clinica Sierra Vista Clinicas De Salud Del Pueblo, Inc. Coalition of Orange County Community Health Centers Community Clinic Association of Los Angeles County Community Clinic Consortium County Health Executives Association of CA Community Health Partnership Family Health Centers of San Diego Golden Valley Health Centers Health Alliance of Northern CA Health and Life Organization Kheir Center La Maestra Community Health Centers Marin Community Clinics AB 2216 (Bonta) Page 14 of ? Medical Board of California Mountain Valleys Health Centers North Coast Clinics Network North County Health Services North East Medical Services Northeast Valley Health Corporation Omni Family Health Open Door Community Health Centers Operation Samahan Ravenswood Family Health Center Redwood Community Health Coalition San Ysidro Health Center Shasta Community Health Center St. John's Well Child & Family Center Tiburcio Vasquez Health Center, Inc. Valley Community Healthcare West County Health Centers Western Sierra Medical Clinic Westside Family Health Center Oppose: California Right to Life Committee, Inc. -- END --