SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 SB 22 THIRD READING Bill No: Author: Amended: Vote: SB 22 Roth (D) 1/25/16 21 SENATE HEALTH COMMITTEE: 9-0, 4/29/15 AYES: Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen, Pan, Roth, Wolk SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: Residency training SOURCE: Author DIGEST: This bill establishes the Medical Residency Training Advisory Panel (Advisory Panel) within the Office of Statewide Health Planning and Development’s (OSHPD) Health Professions Education Foundation, consisting of 13 members, as specified. Specifies the duties of the Advisory Panel and OSHPD for the purpose of establishing and funding new residency positions in medically underserved areas of the state. Senate Floor Amendments of 1/25/16 make technical changes to the structure of the program created under this bill. Senate Floor Amendments of 6/4/15 provide funding for the purposes of this bill in the annual budget. ANALYSIS: Existing law: 1) Establishes the Health Professions Education Foundation (HPEF) within OSHPD. Requires HPEF to solicit and receive funds from foundations and SB 22 Page 2 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. 2) Establishes, under 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. This bill: 1) Establishes the Medical Residency Training Advisory Panel within HPEF, consisting of a total of 13 members, as specified. Requires seven members to be appointed by the Governor, one member appointed by the Speaker of the Assembly, one member by the Senate Committee on Rules, two members of the Medical Board of California (MBC) by the MBC, and two members of the Osteopathic Medical Board of California (OMBC) by the OMBC. 2) Requires the Advisory Panel members to include representatives of public and private hospitals, community clinics, public and private health insurance providers, the pharmaceutical industry, associations of health care practitioners, and other appropriate members of health or related professions, as specified. Specifies the terms of and requirements placed upon the members. 3) Makes the Advisory Panel subject to the Nonprofit Public Benefit Corporation Law, except that if there is a conflict this bill prevails. 4) Requires the Advisory Panel to: a) Solicit and accept funds from business, industry, foundations, and other private or public sources for the purpose of establishing and funding new residency positions in areas of the state. b) Encourage public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations to identify and provide locations for the establishment of new residency positions in areas of the state . c) Solicit proposals for medical residency programs, as specified, and provide HPEF a copy of all proposals it receives. SB 22 Page 3 d) Upon the sufficient solicitation of funds and at the Advisory Panel’s discretion, recommend to HPEF the establishment of new residency positions, as specified. e) Only approve and recommend to HPEF proposals that would establish residency positions that will serve in specified medical service areas. f) Upon HPEF approval of a recommendation, deposit into the fund created in #7 below necessary moneys required to establish and fund the residency position. g) Recommend to the director of OSHPD that a portion of the funds solicited from the private sector be used for the administrative requirements of the Advisory Panel and HPEF. h) Prepare and submit an annual report to the Legislature documenting the amount of money solicited, the amount of money deposited into the fund created in #7 below, the recommendations for the location and fields of practice of residency positions, total expenditures for the year, and prospective fundraising goals. 5) Requires HPEF to: a) Provide technical and staff support to Advisory Panel in meeting all of its responsibilities. b) Upon receipt of a recommendation by the Advisory Panel, approve the recommendation if it fulfills the specified requirements. c) Upon sufficient funds being available, send an approval to OSHPD for implementation. 6) Requires OSHPD to: a) Establish a uniform process by which the Panel may solicit proposals from public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations that train primary care residents. Requires that the proposals contain all necessary and pertinent information, including, but not limited to, specified information. b) Enter into contracts with public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations in order to fund and establish residency positions at, or in association with, these institutions. c) Ensure that the residency position has been, or will be, approved by the Accreditation Council for Graduate Medical Education. SB 22 Page 4 d) Provide specified information to the Advisory Panel and HPEF as requested and as specified. e) Monitor the residencies established pursuant to this bill. f) Prepare and submit an annual report to the Advisory Panel, HPEF, and the Legislature documenting the amount of money contributed to the fund by the Panel, the amount of money expended from the fund, the purposes of those expenditures, the number and location of residency positions established and funded, and recommendations for the location of future residency positions. 7) Establishes the Medical Residency Training Fund (Fund) within the State Treasury. Specifies that the primary purpose of the Fund is to allocate funding for new residency positions throughout the state and requires money in the Fund to also be used to pay for the cost of administering the goals of the Advisory Panel, and for any other purpose authorized by this bill. 8) Makes the level of expenditure by OSHPD for the administrative support of HPEF subject to review and approval annually through the state budget process. 9) Permits OSHPD and HPEF to solicit and accept public and private donations for deposit in the Fund, and makes all money in the Fund continuously appropriated to OSHPD for the purposes of this bill. Requires OSHPD to manage this fund prudently in accordance with applicable laws. 10) Requires any regulations adopted to implement this to be emergency regulations, as specified. 11) Permits OSHPD to exempt from public disclosure any document in its possession that pertains to a donation made pursuant to this bill if the donor has requested anonymity. 12) Permits the Governor to include in the annual budget proposal an amount, as he or she deems reasonable, to be appropriated to OSHPD, as specified. 13) Requires the money, if the Legislature appropriates it for the purposes of this bill, to be appropriated to OSHPD. Requires OSHPD to hold the money for distribution to the Fund created under this bill. 14) Requires appropriated funds to be paid into the Fund, upon request of HPEF in an amount matching the amount deposited into the Fund for the purposes of this bill. SB 22 Page 5 15) Requires any appropriated funds that has not been distributed to the Fund at the end of each fiscal year to be returned to the General Fund. Comments 1) Author’s statement. According to the author, California has a critical shortage of primary care physicians. In order to maintain our current rate of utilizations, we must train 8,000 more primary care physicians by 2030. Our statewide shortage is further aggravated by misdistribution. Only 16 of California’s 58 counties meet the recommended 60-80 primary care physicians per 1,000 people. With an increasing Medi-Cal population, these already underserved areas will see their services stretched even thinner. SB 22 will create a voluntary public-private partnership to fund additional primary care physician residency positions to be placed in these underserved areas of California. By providing a state match of up to $20 million for private contributions, SB 22 creates a fund to provide additional residency positions while allowing a state sanctioned but privately run non-profit organization have a say in the distribution of the positions within these areas. By working closely with private and public stakeholders, this bill aims to create a consensus based solution to meet the need for more doctors in California as access to healthcare continues to grow. 2) Primary Care in California. California 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 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 SB 22 Page 6 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, 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. 4) Current workforce development programs. The state operates a number of programs designed to increase the number of health care professionals practicing in medically underserved areas: a) HPEF 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 and awards range from $4,000 to $105,000 depending 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 the 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 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 SB 22 Page 7 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 fulltime 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. c) The Song-Brown Program 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. d) Mini Grants Program 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 and 2015, 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. e) California Student/Resident Experiences and Rotations in Community Health 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 project. From 2009 to 2012, 150 students and residents were supported via an American Recovery and Reinvestment Act grant. In 2014 to 2015, via funding from the Mental Health Services Act (MHSA) Workforce Education and Training and The California Endowment, OSHPD granted 12 awards to SB 22 Page 8 organizations for a sum of $317,000 which will help support 92 participants statewide. f) MHSA Workforce Education and Training (WET) Program is funded by Proposition 63 and seeks to remedy the shortage of mental health practitioners in the public mental health system (PMHS) via: career awareness; PMHS rotations; retention grants; stipends; loan repayments; grants to expand capacity of education and residency programs; grants to increase and retain consumer and family member employment; and grants to support regional partnerships. FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee, as amended 6/2/15: 1) One-time administrative costs of about $1 million to create the Advisory Panel and develop criteria for making grants (General Fund). In the long-run, donations may support some or all of the activities of the proposed program. In the near term, however, state funds will likely be needed to create the program. 2) Ongoing costs of about $800,000 per year to administer the program, support the Advisory Panel, and review and approve grants and contracts (private funds). 3) Unknown costs to make grants to medical residency programs (private funds). This bill will require the Advisory Panel to solicit donations from public and private sources in order to fund new medical residency positions. The amount of funding available under the program will depend on the success of those fundraising efforts. SUPPORT: (Verified 1/26/16) AARP Association of California Healthcare Districts California Academy of Physician Assistants California Chapter of the American College of Emergency Physicians California Physical Therapy Association California Primary Care Association Community Clinic Association of Los Angeles County OPPOSITION: (Verified 1/26/16) SB 22 Page 9 None received Prepared by: Melanie Moreno / HEALTH / 1/26/16 16:39:31 **** END ****