June 30, 2026 · Health · 38,807 words · 11 speakers · 141 segments
Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. Good afternoon and welcome to the Assembly Health Committee's hearing on Tuesday, June 30th. Before we begin, I want to make sure everyone understands our committee procedures to ensure we maintain order and run a fair and efficient hearing with the goal of hearing as much from the public within the limits of our time. We seek to protect the rights of all who participate in the legislative process so that we can have effective deliberation on the critical issues facing California. The rules of conduct by members of the public include no engaging in conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of this hearing, engaging in personal attacks of members of this committee, authors, staff, or other witnesses, talking or loud noises from the audience. Please be aware that violations of these rules may subject you to removal or other enforcement processes. If you are providing witness testimony at this hearing, all witnesses will be testifying in person. Main support and opposition will be allowed two main witnesses for a maximum of two minutes each. As a reminder, primary witnesses in support must be those accompanying the author or who otherwise have registered a support position with the committee. And the primary witnesses in opposition must have their opposition registered with the committee per the instructions on our website. All other supports and opposition can be stated at the standing mic when called upon to simply state your name, affiliation, and position. All testimony comments are limited to the bills at hand. I would like to note we have a few interpreters who are providing American Sign Language interpretation for those attending today's hearing in support of SB 331 by Menjivar, the Let California Kids Hear Act. And I would just pause for a second and ask if the interpreter is in a location where those who need that interpretation are able to see unobstructed. Assuming that they are and do not need to be relocated, as I'm looking out in the public hearing right now, I will continue on. I also ask that everyone in the audience help ensure the interpretation remains visible and accessible by avoiding disruptions, such as blocking the interpreter or obstructing the view of participants who are relying on the interpretation. For consent, the following bills have been proposed for consent at today's hearing. Any member of the committee may remove the bill from consent calendar. Item number 14, SB 1447. author is the senate health committee with a motion of due pass to appropriations with that we do have our first uh member or senator who is able to present we will begin with as a subcommittee with file item one sb 331 by menjavar Whenever you are ready, Senator, thank you.
Madam Chair, you know this bill very well. This is my third time trying this bill. And last year, you and I tried together to increase the essential health benefits. and we were able to pass those bills but we were roadblocked by the federal government who put a pause on approving them This is the fourth time the legislature has attempted this coverage and I think we almost there Just yesterday, the legislature passed and the governor signed the budget that assumes savings should this bill pass, that assume saving on shifting the coverage of individuals who need hearing aids away from the department's program, also known as the Hearing Aid Coverage for Children's Program, and have the large plans cover this. With the budget assuming those savings, we just need this bill to get passed. We all have been hearing this conversation for the past four years. In the state of California, a physician provider will tell you by law that your child was born hard of hearing or deaf. But that's as far as their responsibility goes. It is then on the parent to somehow figure out how to pay every couple years $3,000 to $6,000 as their baby's ears continue to grow if they want to provide hearing aids for their kids. In 2021, the governor vetoed a bill saying that they would implement a program in the department to cover this. However, year after year, we're seeing that we're spending more money on the administration of the program instead of actually providing hearing aids for our kids, which is why for the past three years we've been trying to rectify that situation and ensure that it's flipped, that we provide the services more than we pay for the administration. The late California Kids Here campaign has been relentless, has persevered, has traveled here, has been wearing those shirts here in the Capitol year after year. And I want to commend them for never giving up, for Michelle, for never giving up on this, which is why I'm here once again to ensure that we allow, and it's a more narrow version of the bill that we've introduced, to have mandated coverage for all health insurance plans, including those in the exchange, which was before, and which was in limbo, to now just include the large plans. I will stop there and turn it over to my witnesses, who I think does a more beautiful way of explaining why this is so important for our children.
Hi, my name is Marie, and I've been coming to Sacramento since first grade. Some of my fellow advocates here today have been coming here since they were babies and toddlers. Year after year, we've come back asking for the same exact thing, equal access to sound. Although I was born with hearing, I lost some of it after an illness. Before my fourth birthday, my preschool teacher told my mom, Marie isn't the same confident little girl who walked into this classroom in September. She's removing herself from circle time and crying. She's losing language skills she once had. Something isn't right. The day I got hearing aids changed my life. I danced around the house because I could hear my feet tapping on the floor. I was happy again. My parents carried guilt because, for months, I hadn't fully heard them say, I love you, or the bedtime stories they read to my brother and me. One night, they found themselves at a support group in L.A. They were quickly humbled as mom after mom shared devastating financial decisions their families had to make. The first three moms quit their jobs So their kids could qualify for Medi-Cal The fourth said I've got five kids Our family isn't going down He go without Then my mom learned that kids were showing up At centers at age five unable to say their own names because they had never heard them That was the moment our advocacy journey began I know what access to hearing aids has made possible in my life. Without them, I would not have had the same opportunities as my peers to learn to speak, attend mainstream school, and hear and connect with my peers and families. This bill will help 8,000 children. It'll provide access for 8,000 children's hearing aids. While some families choose different ways to communicate, a child's access to sound should never be dictated by their family's health plan. One of the first pictures of me in Sacramento was in front of the California for All sign outside of the governor's office, wearing an oversized turquoise backpack. Vote to let California kids hear and include deaf and hard of hearing in California for all.
Thank you. Thank you. You'll have two minutes.
Thank you so much, Maria. It's such an inspiration to see you here. Thank you so much, Senator. Assemblymember Bonta and the Health Committee, thank you so much for this opportunity. My name is Dylan Chan. I'm a professor of pediatric otolaryngology at UC San Francisco. Our team at the Children's Hospitals in San Francisco and Oakland take care of about 2,000 children who are deaf and hard of hearing every year, and we've published nearly 100 articles on pediatric hearing health access outcomes and disparities. 1,000 children are born in California deaf and hard of hearing every single year. For these children, hearing aids are an absolute medical necessity. There is overwhelming evidence that failure to provide appropriate intervention for deaf and hard of hearing children causes permanent speech, language, cognitive, educational, and social-emotional deficits. Because of this, pediatric hearing loss is considered a developmental emergency where every month without sound confers increased risk for permanent developmental delays. Despite this, only 14 percent of California children in large group plans have coverage for hearing aids. A pair of hearing aids costs six thousand dollars every few years. In our clinics, we see hardworking families who delay necessary treatment because they
can't afford it or simply go without. We also see the permanent speech and language delays that happen when these children don't get the hearing aids that they need. These preventable and permanent consequences are not only devastating for the child and the family, they cost society. It's estimated that a child who is deaf or hard of hearing without intervention costs about $1.9 million in special education and lost productivity. We need to act now. A developmental emergency is unfolding for years and has been unfolding in California for every child who has gone without hearing aids because of inadequate coverage. Thirty-five states already have mandated coverage in large market or exchanges or both. Support of this bill is essential to provide California children equal access to hearing health care and enable them to thrive. Thank you so much. Thank you so much. Are there a press on the mic? Thank you, Marie. I just want to thank you guys. Senator Menjivar, you have stood with us for so long, and we're really grateful. And we're really grateful for both of you carrying the application and for you guys standing with us every year and the legislature being with us every year And Marie speaks better So I thought I let her do the talking today But thank you We so grateful to be here today Thank you Are there others in the hearing room who would like to offer support for this measure Good afternoon. Brian Maramontes with the California Teachers Association in support. Good afternoon. Olivia Herrera, intern at Stone Advocacy, on behalf of the California Children's Hospital Association, in support. Thank you. Christine Smith, Health Access California, in support. Kasha Hunt with Political Solutions here on behalf of the American Academy of Pediatrics and the California Children's Specialty Care Coalition, in support. Angela Hill with the California Medical Association, in support. Tremel Washington with California K.O.I. Kids here in support. Thank you. Alex Levy, parent here in support and representing my four-year-old who has hearing loss and who benefits from hearing aids. And I can tell you that in addition to all the wonderful communication that we have. Thank you so much. Just a yes or I support. Thank you so much. Hi. Hi. Hi. Hi. Hi, Todd Jolly, representing Sonoma County and my two boys who both benefited greatly from hearing aids and I support. Samuel Jan with Disability Rights California. Really appreciate the author's shift on this bill number. Proud support. Nora Angeles with Children Now in support along with the 30 organizations in the analysis. Hi, my name is Kimmy. I'm a deaf single mother with two deaf and hard of hearing children. I've been here since 2019 and I've testified in front of the Senate seven or eight years ago and it's very important. It's very important because of language deprivation and school equal access. Just a, I support is sufficient. I support SB 331. Thank you. Hi, my name is Chloe and I support Let California Kids Hear. Thank you. Hi, my name is Sophie. I'm 14 and I'm deaf. I support SB331. Thank you. Hi, my name is Avery. I'm hard of hearing and I think it's time to let California kids hear. I'm here for my sister and let California kids hear. Hi, my name is Caprice. I'm here for my daughter, Avery, and I'm in support of SB 331. Hi, my name is Vicki, and I'm here as a grandparent, and I support the Lake California kids here. Thank you. Hello, my name is Robert Shuler, grandfather of Avery. Please help. Thank you very much. hi my name is Shelly and I am Avery's grandma and I think it's time to let California kids here thank you hi my name is Sophia Goldsby this is my son Sebastian Goldsby who's eight years old and we support he's the example of what happens when you don't get access early thank you I think there's a request from the public to continue to sign while people are up there? Okay, thank you. My name is Lauren Jolly, and this is my son, Owen Jolly. Please let California kids hear. My name is Mateo, and it's time to let California kids hear. Thank you, Mateo. Hello, my name is Daniel Cabrera. I am a teacher, and I support the bill. Hi, my name is Robin, I'm a hard of hearing medical student at Harvard Medical School, and I'm in support of all medical students, and I support this bill. My name's Johanna Wanderly, I'm parent to four hard of hearing children, and it's time to let California kids hear. Hi, my name's Tata B. Horton Hearing with California kids here. Hello, my name is Caitlin. I've been coming here for my whole life, and I think that it's now time to let California kids here. My name is Cassie Wanderly, and let California kids here. My name is Kara Wanderly, and let California kids here. Tony Anderson, the Association of Regional Center Agencies in support. I am Mary Tolner. I'm here for all the kids who have waited way too long for this. I'm supporting SB 331. Hi, my name is Grace Tolner. I support Let California Kids Hear. Hi, my name is Joy Kearns. I'm the clinical liaison for the audiology department at UCSF Benioff Children's Hospital Oakland. Please let California kids hear. Hi, Florentina DiGennaro, in full support of this bill. Hi, David Bullock of the SFV Alliance. It's not too often that we get to support one of Karen Lentis, excuse me, Senator Menjabar, Honorable Senator Menjabar's bill. We are in full support. Thank you. Thank you. We will now move to any primary witnesses in opposition who are here. Seeing none, we will move to anyone in the hearing room who would just like to register their opposition. Seeing none, we can bring it back to the committee for any comments or questions. Assembly member. Thank you, Madam Chair. I just want to thank the author for this, for her leadership, her continued leadership from the Yellow Footsteps to the Capitol. I know what you're made of, and that's pure grit and a dragon slayer. And this is just another example of your great leadership. I'm proud to be a co-author along with you. One of the things that I will say about this is we just have to make sure that not only that this happens, but we continue to advocate for our superheroes who are out there so you can count me as part of your team. Assemblymember Colosa. Thank you so much, Chair. And thank you to the Senator. Thank you to the witnesses and all the families, kiddos, and advocates who are in the audience voicing their support. I think this is a great bill and I think you you know continued to elevate an issue that even though it not made its way successfully through the process in past years you didn give up You continue to fight for all of our children in California who want to hear. We hear you now. And I'm super proud to support this bill. I also represent the Children's Hospital of Los Angeles and know that this is much needed to continue to make California accessible to everyone and would love to be added as a co-author senator and somehow you just pick the bills with the cutest uh public comment whether it was this one or your allergen bill so um so kudos to you thank you senator i've learned the trick assembly member i see you yeah thank you assembly member patel thank you for bringing this very important bill forward as a former trustee in a school district and as a PTA mom, bills such as these have been coming to us for support for many years, and it's great to see it moving so far through the process this time around. I have written letters of support myself for similar bills in the past, and hopefully the governor will sign this one. Happy to give you an aye vote and would love to be a co-author as well. Appreciate it. Well, thank you, Senator, for bringing this forward. You and I had an opportunity to work on trying to make sure that this would be an essential health benefit along with many other benefits that we knew were absolutely critical. I think what stands apart between this and the other essential health benefits that we sought to introduce is that we have an advocacy group that has been at this for nearly a decade, sadly, and also astoundingly and inspiringly. I want to thank you all for making sure that California is able to put at the forefront our ability to ensure that our kids have the ability to hear. And that in so doing, parents and families aren't faced with crushing medical debt to be able to allow that to be a part of their developmental process, to be able to have hearing aids that actually grow with the child over time is something that is very different and distinct from other kind of equipment that we need. And it does allow us to just be able to ensure our children have the ability to be able to connect with their families, with their communities, with their educational opportunities, and with life. And so with that, I would love to be able to be a co-author on this bill as well. I just want to say for the record, for those in the back up and on the, I don't know where they are, ninth or 10th floor, wherever they are, this has been a very, very long journey for many advocates who want to do right by their children. And where California has the opportunity to push and to ensure that we are doing right by their folks is in this moment in time right now. So I am very much hoping that the senator will be able to be a part of a signing ceremony where this one crosses the finish line after nearly a decade from way before many of us were actually in this legislature have this happen for our children. And with that, Senator, please close. I think that was a beautiful close, Madam Chair. Michelle has been the 121st legislator for the past 10 years. She has gone to D.C. She has met with the governor's office. She's met with probably every single legislator you can think of, even before my time. Her daughter has grown up in the legislature here from having to testify as a first grader to now a young lady We have done our part The legislators have done their part year after year And I very hopeful that I think this year will be the year that we get it to the finish line The program we've installed a couple years ago just isn't working how it's intended to be. So their money is there to shift around. And I think it's just now takes political will. I'm coming naive, but I think this might be the year that we'll get it to the finish line. And I welcome anybody for a co-author. I appreciate my brother for your wonderful words. Respectfully asked to let California kids hear. And when we have a quorum, we will be able to consider this bill. Thank you, Marie, for speaking today. Thank you, Michelle. So just so that we can have a motion and a second on the record, we have Aaron's first and Coloza second for consideration when the time comes. We are going to move on now to item number 4, SB 608 by Menjavar. I'll get started as my witness come here. This bill you've also seen before. What? This bill. We're going to go. Go ahead. um um sb608 is the third year in attempt um i do not give up as you can see on ensuring that individuals young people have access to um be protected should they make that personal decision to be intimate at a at a younger age um while the bill was vetoed last year we were able to get funding in the bill in the budget for this bill so now we just need to pass the bill to use the money we've already allocated for or we have set aside from last year's budget. And in this year's budget, we were also able to get even more funding to help fulfill the requirements of SB 608 that is asking to that wants to bar school based health centers from making condoms available. We want to make sure that they they have them available for grades seven to 12. We want to make sure that when there is an educational or health program happening at the school, that they are not prevented from providing contraceptions during those educational hearings or webinars. And we want to make sure that pharmacies and retailers are not asking for an ID because there is no state law requiring for ID to purchase contraception at these locations. And we want to make sure, while not in this health committee purview, we want to make sure that the California Department of Education has the authority to monitor the already established California Healthy Youth Act. With that, Madam Chair, I'll turn over to my first witness in support. Thanks. You'll have two minutes. Good afternoon, Chair Bonta and Assembly members. My name is Joaquin Avalos, and I just completed my junior year at Da Vinci High School located in Hawthorne, California. I am here on behalf of hundreds of students who are in strong, strong support of Senate Bill 608. I work hard to be healthy, and a part of that is to understand how STIs work and how comprehensive sex education can help me and my friends become healthier. Expanding access to condoms in schools and communities and actually implementing comprehensive sex education would support us to lead healthy lives. California youth and in particular youth of color like myself and many of my high school peers are disproportionately affected by the STI crisis I know for a fact that students in my high school have experienced difficulties in the process of purchasing condoms For example, some have been judged, some have been asked for ID, some have been shamed, and some even being harassed in the process. Youth with low incomes are often left without the option to regularly use condoms to help protect their health and prevent unintended pregnancy from occurring just because of the cost. My peers and I need comprehensive sex education to make informed choices about our health and our lives. You all are the leaders that can change this. California needs you to take more action. Senate Bill 608 is a solution to this problem. California's youth deserves access. On behalf of students in California, I respectfully urge your I vote. Thank you very much for your time. Thank you. You'll have two minutes. Good afternoon, Assemblymember Bonta and committee members. My name is Jubilee Adams. I'm a UCSC student, and I've spent the past two years serving as a youth board member with the California School-Based Health Alliance, or CSHA, a co-sponsor of SB608. In high school, I accessed reproductive health services through my school-based health center. The care and education I received there helped me make informed decisions that kept me healthy and focused on my future. That access made a real difference, and not every student has it. The California Healthy Youth Act guarantees students the right to medically accurate sexual health education, but SB608 is the necessary next step. CSHA supports 450 school-based health centers and wellness centers in K-12 schools in California. These centers provide comprehensive, confidential care to students facing barriers outside of school, such as cost, transportation, stigma, and lack of privacy. For students in low-income, immigrant, and LGBTQ plus communities, these barriers are even higher. According to the CDC, 21% of California high school students were sexually active in 2023, and 52% of them did not use a condom during their last sexual encounter. Teens are often shamed or denied service when trying to purchase condoms or even asked for ID, despite no age requirement existing. SB 608 addresses this directly and ensures that school-based health centers can distribute free condoms as a proven harm reduction strategy. Increasing access to condoms does not mean an increase in sexual activity. It increases safety. Some high schools already provide free condoms. SB608 ensures a fair, uniform approach so that all students have the same opportunity to protect their health. Thank you all for your time, and I respectfully urge your aye vote. Thank you so much. We are going to move now to any of those in the hearing room who aren't in support of this measure with your name affiliation and position. We need the mic on. Chair and members, Kathy Mossberg on behalf of Essential Access Health and Black Women for Wellness Action Fund, both co-sponsors, as well as APLA Health and SFAF, San Francisco AIDS Foundation. Thank you. Thank you. Thank you, Chair and members. Angela Pontus on behalf of Planned Parenthood Affiliates of California in support. Ryan Spencer on behalf the American College of OBGYNs, District 9, in support. Nicole Wardleman on behalf of the Children's Partnership, in support. Madam Chair and members, Rand Martin on behalf of the AIDS Healthcare Foundation in very strong support of this matter. Thank you. Martin Radosevich on behalf of Reproductive Freedom for All California in support. Kasha Hunt with Political Solutions here on behalf of American Academy of Pediatrics in support. Angela Hill with the California Medical Association in support. Kelly Brooks on behalf of the Board of Supervisors of Santa Clara County in support. Madam Chair and members, with the California Primary Care Association Advocates in support. Good afternoon. Karen Stout here on behalf of the California Nurse Midwives Association in support. Thank you. Nora Angelus with Children Now in support. Thank you. We are now going to move to any primary witnesses in opposition. Thanks. You'll have two minutes. You'll need to press the button so we can hear you. Thanks. Chair members, my name is Greg Burt, and I'm with the California Family Council, and we're in opposition to this bill. First, parental authority. This bill also strips the decision from local school districts. A community that believes handing condoms to 12-year-olds is a bad idea can say so through its elected school board. SB 608 takes that choice away and imposes one answer on every district, no matter what the local parents want. The public health record cuts against this bill, too. The CDC's own Youth Risk Behavior Survey shows that early sexual initiation correlates with more partners in higher risk behavior. Teens who delay do better. SB 608 pushes the opposite direction by normalizing early sexual activity. And it treats condom access as if it were disease prevention when it's not. The CDC is clear that condoms reduce but do not eliminate the risk. And they are less effective against skin-to-skin infections like HPV, herpes, and syphilis. California is in a congenital syphilis epidemic right now. Handing condoms to minors without honestly communicating these limits creates a false sense of security. Abstinence remains the only method that is 100% effective. Honest policy should say so. And we urge you to invest instead in strengthening the parent-child communication. We encourage you to oppose this bill. Thank you. Thank you. You'll have two minutes. My name is Pastor Brandon Campbell, and I have served in pastoral ministry for 25 years, 14 of those as a youth pastor, seven of them teaching in a private school. I am currently the senior pastor of the Faith Baptist Church and the Northern California Director for the California Baptist for Biblical Values. I am in opposition to SB 608 this bill expanding condom access in schools and removing age barriers for non contraceptives While well I believe it rests on a flawed premise that the solution to rising STD rates among youth is to make condoms more available and encourage them. According to the CDC, condoms do not prevent the spread of all sexually transmitted diseases. For example, they offer limited or no protection against diseases like syphilis that are transmitted through skin-to-skin contact. Constant and correct condom use does reduce the risk of some fluid transmitted infections, but it cannot provide absolute protection against any STD. Encouraging young people to participate in sexual activity with the promise of protection is not the answer. Instead, we should courageously promote the healthiest choice, abstinence from sexual activity until marriage. This approach lines with both CDC statements, public health reality and biblical values. As the Bible states in Hebrews 13, 4, marriage is honorable and all in the bed undefiled. Our young people deserve better than risk reduction strategies that accept premature sexual activity as inevitable. They deserve a message of hope, self-control, and the profound benefits of waiting. I urge you to reject SB 608 and prioritize policies that truly protect California's youth. Thank you very much. Thank you. Are there others in the hearing room who would like to register opposition, please come forward. Hi, David Bullock, SFV Alliance, representing parents and families in Senator Menjavar's own 20th Senate District in opposition. Thank you. Florentina DiGennaro, representing Mom's Army, Thousands of Moms in California, also representing Church of God Tidings and Freedom Coalition in opposition. Thank you. Seeing no other opposition, I will bring it back to the committee for any comments or questions. Moved by Ahrens. Seconded by Coloza. Senator, I want to thank you for bringing forward this measure. I know that this is also one that you've had to in the prior legislation. And with that, I will certainly be supporting this bill. I want to thank everybody for offering their testimony, particularly the students who are coming from their schools, to be able to share what they want to have happen in their schools. With that, would you like to close? Y'all kept it short and simple, so just respectfully asking for an aye vote. Thank you. And when we have quorum, we will be able to consider that. I saw. Okay, we are going to move on now to item number seven, SB 971 by Senator Choi. Senator, we at the assembly, we just sit at the desk right there. It's a different setup over here, I know. I think you might have to press the button so we can hear you. Okay, good afternoon, Chairperson and all committee members. I would like to begin by accepting the committee amendments and I thankful for the collaboration on this measure I proud to present Senate Bill 971 which would connect California growing older adult population with the community-based interventions to achieve healthy aging outcomes. SB 971 is geared toward individuals ages 60 and over for opportunities that allow them to remain connected, informed, independent, and engaged in their communities with respect to already existing local resources, including community colleges and the area agencies on aging. While there are many programs for older adult education that are already doing great work through classes and the curriculum. SB 971 incorporates engagement and implements localized support for seniors and caregivers to achieve specific healthy aging outcomes. SB 971 encourages collaborative partnerships, opportunities between local government entities and existing systems that are working toward the same goal of serving seniors. This bill has received bipartisan support without a single no vote. me today I have Mr. Steve Lipson with the California Senior Legislature who is sponsoring this bill. Thank you. Thank you. You'll have two minutes. Good afternoon Chair Bonta and committee members. My name is Steve Lipson. I serve as a senior senator in the California Senior Legislature, the sponsor of SB 971. While the bill includes educational and enrichment activities, it is not primarily an education bill. It is a healthy aging bill designed to help older Californians remain connected, informed, engaged, and independent in their communities. For example, a local partnership might offer technology assistance, social engagement activities, caregiver support, caregiver support resources, or other opportunities that promote healthy aging and community connection. These activities are not simply educational. They are preventive. Helping older adults avoid isolation, remain engaged, access technology, and recognize scams or practical strategies that help people remain independent and age in place longer. Equally important, SB 971 gives communities a recognized framework for bringing local partners together around shared healthy aging goals. It encourages collaboration while allowing each organization to contribute its own expertise, resources, and strengths. One of the greatest resources in our communities is older adults themselves. These partnerships don't simply provide services to older adults, they create opportunities for older adults to continue contributing through volunteering, mentoring, and helping one another. That sense of purpose and connection is itself an important part of healthy aging. Participation is entirely voluntary and subject to available local resources and partnerships. It is not a mandate. SB 971 gives communities another flexible way to bring local partners together so older Californians can remain healthy, connected, independent, and able to age in place. That said I respectfully ask for your aye vote Thank you Thank you Are there others in support in the hearing room who would like to register their support Andrew Mendoza on behalf of the Alzheimer's Association in support. Darby Kernan on behalf of Leading Age California in support. Thank you. Thank you. Seeing no others in support, we'll move on to any primary witnesses in opposition. Seeing none, any in the hearing room who would like to register opposition? Seeing none, I will bring it back to the committee for any comments or questions. Senator, I want to thank you for bringing forward this measure. I think it's very much in keeping with what I know to be very important for the elders in my family and in our community. And I'm very grateful for this bill. Would you like to close? Thank you, Madam. I would like to thank my bipartisan group of colleagues who have co-authored SB 971, showing our commitment to California, so all the adults such as me, myself, is included here. I respectfully ask for your aye vote for SB 971. Thank you so much, Senator. Can we have a motion and a second? Moved by Coloza. Seconded by Patel. and we will be able to vote on the bill when we have quorum. Thank you so much, Senator. Thank you. I appreciate your testimony. Thank you, Mr. Lister. For those senators who might be monitoring or their staff, we have next up on the file item order, Umberg, Perez, Weber Pearson, Blake Spear, Allen, or Reyes. Thank you. Thank you. All right, we are going to move forward with Senator Weber Pearson's slate of bills. So for those other senators, you can have a little bit of a moment because she'll be here for a while. we will start with whichever you prefer item number five SB 869 is the first in the order which is regarding restaurant menus added sugar warnings whenever you're ready Good afternoon, Chair, Madam Chair and members. I'm here to present SB 869, a measure focused on transparency, consumer awareness, and public health, and will be accepting the committee amendments today. Excessive added sugar consumption is linked to obesity, which 29% of Californians have, with 3.5 million Californians diagnosed with type 2 diabetes and 9 million Californians pre-diabetic. In addition to these, excess sugar consumption can lead to heart disease and other chronic illnesses that continue to impact millions of Californians. Sugary beverages remain one of the largest sources of added sugar in the American diet. Yet many consumers do not realize how much sugar these drinks contain when ordering them at restaurants or drive-thrus. AB 869 would require chain restaurants with 20 or more locations to place a clear added sugar warning icon, 100% or more of the recommended daily value of added sugar in a single serving. This bill would also require a brief factual statement explaining what the symbol means so consumers can make informed decisions at the point of purchase Because the reality is that these decisions are often made quickly on a menu board out a counter, or on a phone app. And consumers deserve information that is clear, visible, and easy to understand in those moments. SB 869 does not ban any product. It does not restrict consumer choice. It simply is a transparent information method so that Californians can make decisions that are best for them and their families. My staff and sponsors work with committee and opposition and attempted to come to a resolution around disclosure of added sugars on the menu. Opposition wanted flexibility in providing this language, similar to the allergens bill from last year. However, all language stating that the QR code or other digital disclosures would not refer that information to basically state that it was related to added sugars. It was just a nutritional thing. So this would effectively turn the bill into requiring just QR code on the menus. The goal of this bill is not to disclose nutritional information. This bill is to inform consumers about added sugars. We decided to take some of the opposition amendments and increase the beverage sugar content requiring the ICON from 25 grams to 50 grams of added sugar. This captures a lot less products. And while some restaurants had over 50% of the menu containing 25 grams or more of sugar, increasing 50 grams of sugar dropped it to about 25% of beverages. Other restaurants have even less. This icon is meant to be simple and not overly burdensome. In conversations, it was brought up that a QR code could be done with a sticker on the menu that was a part of what was being done for allergens. But a sticker would suffice for the icon and statement, but it would still be very challenging for individuals to actually be able to easily get that information at the point of purchase. When you go to a restaurant and you see the menu, you order from the menu. You rarely say, oh, let me take out my phone and look at this QR code and scroll through other information. This bill takes a practical and balanced approach by applying only to large chain restaurants that already standardize menu offerings across locations. This was specifically done to not burden our small mom and pop or community restaurants in our neighborhoods. This is a very simple bill with a very simple goal, giving consumers better information about the beverages that they purchase every day. And although this is a very simple bill with a very simple goal, it can have significant impacts on someone's health. To me, this is one of my most important bills, and I'm so proud that I have today with me Sarah Bochter, a student advocate with the American Heart Association, and Christine Falabel representing the American Diabetes Association. Additionally, we have Sarah Socher with the Center for Science in the public interest for any technical questions. And I respectfully ask for your aye vote at the appropriate time. Thank you. You'll have two minutes.
Good afternoon, Chair and members of the committee. My name is Sarah Bochter and I was a student at Galileo High School now incoming freshman at Cal Poly Slow and a volunteer with the American Heart Association I like to start off by saying thank you for the opportunity to speak today in support of Senate Bill 869 and the importance of providing clear icons on menus to identify standard beverage menu items with high levels of added sugar. As a high school student, and like many of us, I'm busy, burnt out, and I like to alleviate some of that stress by hanging out with my friends and ordering smoothies or coffee after school or over the weekend, sometimes both. When I order, I'm not sitting there Googling nutrition facts, scanning QR codes, or giving staff an extra task of giving me calorie information. I look at the menu, pick whatever sounds the most appetizing, and keep it moving. And to be honest, I'm ordering enough to satisfy my craving, which is about a medium, and if I'm really feeling it, I'll get the large. It wasn't until learning about this bill in school and seeing examples of nutrition information and drinks that I realized just how much added sugar was in my usual drink. I was shocked and I had no idea that I was starting my day with almost all the sugar I should be having for an entire day. If that information had been right there on the menu when I had ordered, I would have made a different choice or at the very least I would be more mindful about the rest of the sugar I eat that day. I also know that my peers want this information and want to be more cautious of their sugar consumption as well. I learned through further research that too much added sugar is linked to serious health issues like heart disease, type 2 diabetes, and obesity. As a first-generation person going to school in my family, I have high expectations of myself. I hope to become a cardiologist in the future for a multitude of reasons. My biggest reasons, however, is to help the future. As a cardiologist, I'd rather have fewer patients coming in or at the very least older patients for natural reasons than have multiple patients coming in as young children and young adults for diseases that shouldn't be their burden to carry so early on in life. I like to think that you all want that for our children as well. Thank you. Icons are easy to see and understand. My own mother, who has had to learn English on her own, oh, didn't have the easiest time asking for sugar and content in drinks, and it's not realistic. We respectfully ask for your aye vote on SB 869 so that not only young people like me, but all Californians can start our days informed and end our days as healthy as possible. Thank you.
Thank you. You'll have two minutes.
Good afternoon, Madam Chair and members of the committee. Thank you for taking the time to hear about such an important issue today. My name is Christine Falibel, and I lead state government affairs for the American Diabetes Association. I'm here today to speak in support of Senate Bill 869. For too long, we've asked people to make better choices without giving them the tools or the truth that they need to actually do that. Sugary beverages are one of the clearest examples of this gap. They're marketed as refreshing, energizing, and even healthy. But what's often missing is simple, honest transparency about how these drinks impact our bodies, especially for communities already facing higher rates of chronic conditions like type 2 diabetes and obesity. That's where Senate Bill 869 comes in. This bill is not about taking choices away. It's about making those choices real and transparent. Currently, there are no mandates for restaurants to label added sugar, the most detrimental sugar to our health and well-being, even though the dietary guidelines for Americans recommend limiting added sugar to less than 50 grams per day for most adults. Transparency levels the playing field. It replaces confusion with clarity and empowers people to make decisions that align with their health goals We know that small daily choices add up A single beverage may not seem like much but over time it can significantly impact someone health trajectory Studies show that adding just one 12 ounce sugary drink daily increases the risk for developing type two diabetes by 26%. Liquid sugar without any fiber is especially dangerous for insulin resistance, weight gain, and health complications. Senate Bill 869 is a step toward respect for consumers, for families and for communities. It acknowledges that people can make good decisions when they're given honest information. We support Senate Bill 869 and ask for your aye vote. Thank you very much.
Thank you. Any in the hearing room who would also like to register support for this measure, please come forward. Name, affiliation, position on the bill. Thank you, Madam Chair. Ryan Spencer on behalf of the American College of OBGYNs District 9 in support. Angela Hill with the California Medical Association in support. Good afternoon, Alex Kahn with the California Chronic Care Coalition in support. Sarah Sorcher, Center for Science in the Public Interest in support. Kathy Mossberg, Public Health Institute in support. Kasha Hunt with Political Solutions here on behalf of the California Dental Association and the American Academy of Pediatrics in support. Jonathan Clay on behalf of Scripps Health, in support. Brittany Lemon, Epidemiologist at UC Davis, in support. Tim Madden, representing the California Chapter of the American College of Cardiology, in strong support. Keno Jackere with the Weidman Group on behalf of the California Chiropractic Association, in support. Thank you. Hello, Andrea Gill, PhD candidate in the Department of Nutrition at UC Davis in support. Thank you. Are there any in the hearing room who would like to offer primary opposition to this measure? Please come forward. Thank you. You'll have two minutes. You need to press the button. Thank you. Good afternoon, Madam Chair and members. I am Pat Joyce with KP Public Affairs here on behalf of the California Restaurant Association, who is opposed unless amended to SBA 6-9, which mandates on-many warning symbols and labeling for certain sugar-sweetened beverages. The CRA greatly appreciates the author's dedication and strong interest in these issues. While a deal seemed very close to the end of last week, we still believe we're very close to achieving a meaningful compromise on the issue. The CRA has been an industry leader on menu disclosure issues in the state capitol for a long time. And here again, we're not objecting to the disclosure itself. Restaurants in the scope of SB 869 are already required to have a series of on-menu nutritional labels. The CRA, then-Senator Alex Padilla, achieved the first in the nation on-menu labeling law for calories and nutritional information for both food and drink, including sugar. The groundbreaking policy was later adopted at the national level and is now across all 50 states. In 2018, CRA again stepped up working on legislation that removed sugar-sweetened beverages as the default beverage for kids' meals. As this committee deliberated and the Governor Newsom signed additional new menu labeling disclosures for allergens just last year, now we find ourselves with that new menu labeling law barely having the ink dry on it and taking effect tomorrow, July 1st, and we already are facing another menu labeling mandate here today. It proposes a very rigid and prescriptive set of on-menu labeling mandates for certain drinks that exceed sugar thresholds. menu labeling laws are expensive as menus, menu boards, and other menu resources are forced to be changed out, and actual menu items get crowded out, given the limited real estate of menus and menu boards. These forced and increasingly frequent changes to menus and menu boards drive up costs significantly, and unfortunately those costs fall on the guests. 869 imposes rigid and costly disclosure requirements for eating establishments, as those mandated disclosures would be required on physical menus, as opposed to a more flexible and less expensive disclosure approach that would better address guests' needs in the different formats and concepts captured by the bill. In fact, last year's restaurant allergen disclosure law established a set of – my time's up, I can hear. Let me just close with this. The disclosure – sorry. So obviously the concern from the author is how will the guests draw their attention to these additional resources off-menu? And to address that, we've expressed to the author's office, the chair, and the committee staff that we're on-menu statement or symbols alerting guests to additional resources, including for added sugar. So hoping to get a compromise, and I'll close, and that's why we're going to oppose the last submitted position. Thank you. Thank you. Forward. Thank you, Madam Chair. Jackie and us, behalf of California Fuels Convenience Alliance, we'll align our comments with the restaurants. Thank you. Good afternoon, Sherry McHugh representing the American Beverage Association. We have concerns with the bill, and we look forward to continuing to work with the author to see if those concerns can be addressed. Thank you. Thank you. I will bring it back to the committee now, seeing no other opposition. Assemblymember Aguirre-Curry. I want to thank the senator for bringing this bill forward, and I'll be supporting it today. But I did have a question about QR codes. Can you just clarify for me, please?
And I will. I'll turn it over to one of my witnesses. I'm sorry. Oh, is there a technical witness here? You're bringing up a technical witness? Yes. Yes, Sarah Sorcher, Center for Science and the Public Interest. I'd be happy to answer any questions you have about QR codes. Is there anything specific you want me to talk about? I was just wondering why they wouldn't be used in trying to find out a solution for this or to make sure the public's aware. Thank you. Yeah, I think the issue is that consumers are already really struggling with a food environment that is stacked against them when it comes to health. So we did a study in 2021 showing that, for example, most small-sized beverages exceed the daily value for added sugars. So it's a very distorted environment. And the problem with the QR codes is that they sort of hide the information about what you're getting behind this technical device that a number of consumers don't have access to. We know the elderly. We know children. We know people in rural areas may not be able to use a smartphone to inform purchasing decisions. And so it just puts in additional barriers to accessing the information, and that's the concern. What we've seen from the studies also is that really to be effective, the warning labels need to be conspicuous. They need to be clear. they need to be accessible and QR codes just don't provide that. Thank you because when I go and try to do the menu thing, I never know what I'm ordering. So anyway, thank you for clarifying. Yes. Yeah.
And I know that's a thank you, Assemblymember Agarokar for asking that question. I know that that is one of the things that we continue to work out with opposition As I stated at the beginning the information should be very clear at the point of purchase
I can only speak for myself. I'm not whipping out my phone. I'm not looking, trying to look through a bunch of different things. Many of these QR codes will take you to the nutritional information, which I agree that CRA has worked. And you can find that if you dig deep enough. But the information that oftentimes they will reveal is the total amount of sugar, not the added amount of sugar. There is a difference, and there is a difference in terms of the impacts to your health. And so you can go and you can look and you can see if you are savvy enough to have a phone or go on their website. Many of them will have the total amount of sugar, but this is really focused on added sugars because that is what has been linked to diabetes, heart disease, Alzheimer's, obesity. And, you know, this is a very simple bill, but like I said, it can have significant impacts not on one's health, but also on our health care system in general. Think about the amount of money that we are spending to treat these preventable conditions that end up being very chronic, long-term conditions that we can treat by allowing people to have better choices when they're purchasing drinks, which we all do every single day.
Any other questions? Assemblymember Ahrens and then Patel. Thank you, Senator, for your leadership on this issue. I know that I agree with you on the need to address the high sugar content in our beverages. And, you know, there's not any one bill that's going to solve the epidemic and the crisis facing our country, certainly. I know that I also know that, you know, the opposition comments are really resonating with me. And I know that you've, you know, through discussions have been trying to get there. I think you were almost there at one point. I know you're going to continue to try. I will be extending a courtesy I vote today and like to move the bill at the appropriate time. But I would just like to see if we can continue to have you all talking so that we, you know, strike that right balance to try and do that. Because I do understand the, you know, the concerns of trying to make this right. And we ultimately want people to make those right decisions. I think transparency is always important. How we are going about it and how we are striking the balance with industry and proper transparency I think is very important. but I also trust your leadership on this issue, Dr. Weber Pearson. So we'll move at the appropriate time, but would love to see the continued conversations as it moves closer to the floor so that we can perhaps come to a resolution soon. Thank you. Thank you. Assemblymember Patel. Thank you, Dr. Senator Akilah Weber Pearson for bringing this bill forward. Clearly you have been very passionate about this. I have come to learn that you have been very active in this area, even on social media. I tend not to follow a lot of social media, but it's come to my attention that this is such a passionate issue for you. I think as a physician, as a parent, as someone who cares about their community. As a scientist and a mom, I have also noticed how much added sugar there is in the beverages that our young people consume, to the point where I don't think they even realize how much sugar is in their drinks. And one thing we do know is that we get increasingly desensitized to sugar consumption as we consume more sugar So we may not even realize how much sugar we slowly creeping up on consuming added sugar And with that in mind, I also want to give a nod to those who are running businesses and trying to keep costs low and keep costs low to consumers. And we'll be supporting this bill today, but want to make sure that you're able to keep working with those in the chain restaurant community to make sure that it's implementable, that it's operational on the ground. I know that we keep bringing these bills forward with nutritional guidelines and warnings on our menu items that are very important to protect consumers. But at the same time, yeah, sure, it may be crowding out the actual menu description and the font gets smaller and smaller and it becomes harder to read as we try to figure all of it out. And with the QR code specifically, I also tend to not bring out my phone at a restaurant. And in fact, my children, we have a rule that we don't have phones at the table, and that's even phones at the table at a restaurant. And so when we see restaurants that have their menu option as a QR code, sometimes it's like, oh man, we got to get out our phones. So I want to acknowledge that, yes, there are barriers, and some of them are by choice, and some of them are by a lack of ability of being able to access that QR code. But with that in mind, I'm definitely interested in making sure that there's appropriate runways and ramps for businesses to implement, that we don't annually come to them with these massive menu changes, and that it doesn't become problematic for them to communicate that to consumers. So thank you for bringing this bill forward and trying to take care of the health and well-being of all of Californians. Thank you, Senator, for bringing this forward. I will say that I've had an opportunity to speak with opposition and hear as well some of the concerns and certainly receive the testimony offered today. I also know that we are in a sugar crisis. You started talking, and I started to push all these little snackies that I have up here, the candies, knowing that I had already consumed my sugar for the day, allowable sugar for the day. I think a couple things to just really note in terms of the way in which you've amended this bill. The first is having the ICON only apply for a threshold from 50 percent to 100 percent of the daily value of sugar, which we heard from your testimony can be received from one sugary drink consumed in a day. and we know that we are struggling with issues related to tooth decay, type 2 diabetes, heart disease, and I'm sure many others that are serious concerns for us. We also know that this type of legislation was moved forward in places like New York City and we know that this does have an impact. And I want to acknowledge that on our chain restaurants and eateries. I would hope one thing that we might consider to address the concern of having to comply year over year is that we perhaps move into a preventative posture in all aspects of our business enterprises. and so I think last year we were focused on allergens, which was critically important. This year the senator has brought before us a bill related to added sugars. In those conversations that I had with opposition we talked about the likelihood that perhaps trans fats might be something that people focus on and we know that we have moved many legislation pieces of legislation around ultra food So I think for me that means that we are now in the legislature focused on what we have consumers put in their bodies and that we need to be able to create a regulatory framework that allows us to do that So I would encourage those who are wanting to make sure that they have their business concerns, have some pattern of certainty to recognize the label on the wall that is coming your way and perhaps move more into a space of helping to make sure that we are providing the necessary messaging to keep our consumers healthier in the state of California. And perhaps it might just be one overhaul that might be voluntarily taken on as opposed to being compliance oriented around this on the timetable that we're focused on. With that, Senator, would you like to close?
Well, I want to thank you, committee chair and your committee again for working with us with this bill. I want to thank you all for the conversations today. I love your suggestion. I would love to not have to do legislation and to have, you know, the people in our restaurants to really work as partners with their consumers to ensure that what they are taking in is as healthy or at least allow them to have the information. As you stated, I wanted California to be the first in the nation to do this, but unfortunately we're not because New York has already done this, and without a QR code. And they have been able to adjust so that their residents can have that transparency and make those decisions for themselves. We passed an allergen bill last year, which was extremely important. over twice as many people in California have diabetes or are pre-diabetic as those who have actual food allergens. And so, yes, it was important, but this is also extremely important because of not only who it impacts, but as was stated, our kids are just drinking up these sugary drinks, and so it's also about who will be impacted in the future. And with that, I respectfully ask for an aye vote at the appropriate time on SB 869. Thank you.
Thank you. We actually can establish quorum if you give us a minute to call. Roll. Bonta. Here. Bonta here. Sanchez. Addis. Aguirre-Curri. Aguirre-Curri here. Aarons. Aarons here. Coloza. Carrillo. Carrillo here. Jeff Gonzalez. Jeff Gonzalez here. Mark Gonzalez. Johnson. Johnson here. Patel. Patel here. Patterson. Rodriguez. Chiavo. Chiavo here. Sharp Collins Stephanie Stephanie here we have a quorum and on this measure we have a motion can I get a second by Aguiar curry please call the roll the motion is do pass as amended to the Appropriations Committee Bonta here sorry I Bonta I Sanchez Addis Aguiar curry Aguiar curry I Ahrens Ahrens I Aye. Coloza. Carrillo. Jeff Gonzalez. No. Jeff Gonzalez, no. Mark Gonzalez. Johnson. Johnson, no. Patel. Aye. Patel, aye. Patterson. Rodriguez. Chiavo. Chiavo, aye. Sharp Collins. Stephanie. Stephanie, aye. That measure is on call. Thank you, Senator. We're going to move now. I'll excuse these witnesses for this measure. We're going to move on to another of Senator Weber Pearson's bills. Item number six, SB 950 regarding health coverage and dementia. Whenever you're ready, Senator. Thank you.
Good afternoon again. I am presenting SB 950, which will ensure timely access to FDA-approved medically necessary treatments for Californians with early-onset Alzheimer's disease. I want to thank the committee staff for working with our office, and I accept the committee amendments, which remove the explicit parameters around the coverage. Alzheimer's disease is a chronic and irreversible neurological condition that affects over 7 million people nationally with 12% residing here in California. Alzheimer's disease, while often thought of as a condition of aging, reflects broader disparities in our public health care system. Women, those with lower income, communities of color face disproportionate elevated risk, higher diagnostic rates, and poorer outcomes once living with the disease. For many years, little could be done to slow or stop the disease once it was diagnosed, but that reality began to change with the development of an FDA approval of medications that meaningfully slow the clinical decline of early Alzheimer's disease. These innovative medical breakthroughs that remove the plaques responsible for the disease progression finally provide families precious time, hope, and memories they deserve. These treatments are generally covered by Medicare, Medi-Cal, and CalPERS, which together covers a significant share of Californians living with Alzheimer's. However, coverage is less consistent in the commercial market where enrollees can be subject to plan-by-plan determinations and utilization management. As identified in the Jiburb analysis, coverage of both disease-modifying and symptomatic treatments is not universal across commercial plans. SB 950 reaffirms our goal to have universal and equitable access to these treatments when medically necessary. Timely and easy access is important, especially because there are no FDA-approved disease-modifying therapies for later-stage Alzheimer's. One extra denial, one more phone call, one failed medication, one extra month of waiting for a decision can be a huge barrier in the difference between receiving life-changing treatment and losing that opportunity altogether. altogether. SB 950 specifically ensures that all enrollees on commercial plans regulated by the state can access medically necessary FDA-approved treatments for Alzheimer's disease. It prohibits inappropriate rerouting of medically necessary treatment, preserves utilization management and prior authorization process, and establishes Alzheimer's as an exigent circumstance to ensure the expeditious coverage determination process. SB 950 help alleviates pressure from our families, caregivers, and healthcare system while navigating a very complex and time-sensitive disease. Alzheimer is a fourth leading cause of death in California, and families deserve clarity, consistency, and timely care. Today, I am joined by Andrew Mendoza with the Alzheimer's Association and Andrew Cope an advocate who will share his personal experience with Alzheimer disease Thank you Andrew Mendoza on behalf of the Alzheimer Association proud sponsor of 950 Thank you Madam Chair members of the committee and staff for your work to advance this important measure. We appreciate what Senator Weber Pearson prioritizing early intervention strategies to improve brain health. SB 950 clarifies existing law to ensure that people living with Alzheimer's disease have coverage for the treatment plan that their doctor deems medically necessary. And it streamlines access by removing unnecessary barriers to care. The disease-modifying treatments approved by the FDA present a paradigm shift for those contending with an Alzheimer's diagnosis. These therapies and lifestyle interventions provide proactive measures to delay cognitive and functional decline. California recognized the importance of providing coverage for biomarker testing, which helps many assess the risk for Alzheimer's disease. These developments encourage early detection and diagnoses. Treatment is the natural next step for an early intervention strategy. Unfortunately, issues in our health care delivery system often delay someone from receiving a diagnosis from primary care and the lack of specialist delay confirmation. They very well could exit their eligibility window for treatment during that time. Moreover, co-occurring conditions, the lack of infusion sites and qualified providers, or the costs incurred from the necessary tests in addition to lacking insurance coverage can all be prohibitive for someone seeking access to care. Most people with Alzheimer's disease are over 65 and on Medicare, which minimizes the affected population to those with early onset or diagnosed prior to 65, which represents less than 1% of those with Alzheimer's disease in California. However, the access that SB 950 would provide can make a meaningful difference in the lives of individuals contending with the diagnoses at a young age as it affords time to create plans and cherish family. This bill is an important measure for ushering in a new era for the treatment of Alzheimer's disease, and we appreciate Senator Weber Pearson for meeting the moment and closing the gap in coverage that would otherwise be a significant consequence if left unaddressed. Thank you for your consideration. I'm respectfully asking for your aye vote at the appropriate time, and I will now turn it over to our advocate, Andrew Cope, to share his experience receiving in the diagnoses of early-onset Alzheimer's disease. Thank you. You'll have two minutes.
Hi. My name is Andrew Cope.
I'm 56 years old, and I'm from Menlo Park, California. As Andrew mentioned, I'm here today because I'm also living with Alzheimer's disease. My journey began when a genetic test revealed I had the double APOE4 genotype, which, if you're unfamiliar, has the highest incidence of Alzheimer's and the highest incidence of early onset. That test sent me on a year-long journey that started with my primary care physician, and then I waited six months to get an appointment with a neurologist, and then I waited an additional three months to get the PET scan, which revealed my diagnosis. It was a year of anxiety, worry, uncertainty. I had no idea how much quality time I have left with my wife and two children. However, as has been mentioned here, I'm an incredibly lucky person to be born when I was. Medical research right now is making life-changing progress for people like me. There's now a very simple blood test that reveals the pathology for Alzheimer's, and as is mentioned, there are two therapies, two infusion therapies that are approved, that have proven to slow the progression of the disease. And there are clinical trials, one of which I'm going to be joining, that are pushing the progress even further. So it's giving people like me true optimism and hope. These treatments that we referenced, they've been shown to reduce the plaque progression growth in the brain by as much as 30%. So I ask each one of you to sort of take a moment and imagine somebody important to you, whether it's a family member or a very close friend. and maybe they have a diagnosis like mine, and now you tell them that you going to be able to give them months years or maybe a decade of life to live and plan That absolutely priceless I here as a volunteer because this disease face is changing in real time and more and more people are going to look like me that are living with this disease, and I feel it's my responsibility to do something positive for anybody else who is facing this disease and to the millions of people who never had the chance. Everybody in this room right now has a chance to make a difference in this pivotal moment. You can do it for me. You can do it for people that are important to you. You can do it for all of California. So I really urge you to pass SB 950 and be on the right side of history on this one. Thank you for your time and thank you for your consideration. Very much appreciated. Thank you. Others in the hearing room who would like to register support, please come forward. I'm Howard Posner, a volunteer advocate with the Alzheimer's Association. I support the bill. Good afternoon. My name is Lisa Bishop. I'm a volunteer advocate with the Alzheimer's Association, and I support SB 950. Hello. Kylie Ashioka, also a volunteer advocate with the Alzheimer's Association, in support. Hi, Veronica Meech with the Alzheimer's Association, in support of SB 950. Lynette Blumhart, volunteer advocate with the Alzheimer's Association. I'm here in support of SB 950. Floyd Stickerson, board member, Northern California Alzheimer's Association, in support. Good afternoon. Darby Kernan, on behalf of Leading Age California, in support. Good afternoon. Sandra Poole, on behalf of Western Center on Law and Poverty, in support. Jennifer Snyder on behalf of the California Life Sciences in support. Alex Kahn with the California Chronic Care Coalition in support. Jessica Hay with AFSCME California in support. Thank you. Are there any primary witnesses in opposition? Please come forward. You'll have two minutes each. Thank you. Thank you, Cassidy Heckman on behalf of the California Association of Health Plans. I want to start by thanking the author, her staff, and the sponsor for continued conversations on this bill. Regrettably, we are still opposed to it today. As outlined in our letter, one of our primary concerns is the ban on step therapy. While the bill states that if the FDA has approved one or more types of treatment for Alzheimer's disease that a health plan does not have to cover all types of treatment without step therapy. It specifies this as conditional on a plan covering at least one anti-amyloid without step therapy. We appreciate the intent behind this language, however, there are currently only two anti-amyloids that are FDA approved, both brand name, and they cost between $26,000 and $32,000. We believe this language will limit plans from offering enrollees a therapeutically equivalent and more affordable alternative when they eventually come to market. Additionally, we are concerned about the requirement that health plans cover all FDA approved drugs for the treatment of Alzheimer's disease and dementia. As the analysis notes, health plans already cover all medically necessary drugs, including anti-amyloids. However, we have concerns the language can unintentionally prevent plans from updating their formularies as new data emerges and from designing products that are both affordable and appropriate. Finally, we are concerned with the recent amendment that requires anti-amyloids and other Alzheimer's drugs to be treated as exigent circumstances A 24 review is an incredibly short timeline for an entire class of drugs specifically ones like anti that are new to market and are required to be used under strict guidelines and supervision For these reasons we remain respectfully opposed Thank you Good afternoon Chair and members Matt Aiken with the Association of California Life and Health Insurance Companies, also in respectful opposition to SB 950. I just want to first say we sincerely appreciate the author's intent and goal of improving care for individuals living with Alzheimer's and dementia. I'd like to align my comments with my colleague and briefly highlight one additional concern we do have with the bill. As my colleague noted, the bill would significantly limit plans' ability to use step therapy for FDA-approved Alzheimer's treatments, requiring that at least one anti-amyloid therapy be available without it. We are concerned that the efficacy of these drugs has not been strongly proven. As Chabrup noted, there is some evidence that disease-modifying medications are effective at slowing cognitive decline, but the effects generally fell below minimum clinically important difference thresholds. Shaburb also noted that there is not enough research to determine whether amyloid plaque reduction improves health outcomes. Given the evolving clinical evidence and the potential for side effects with some of these medications, we believe plans should maintain the ability to apply evidence-based utilization management tools, such as step therapy. For these reasons, we respectfully oppose the bill, but we'd like to sincerely thank the author and sponsors for their engagement so far, and we do look forward to future conversations if it moves forward today. Thank you. Thank you. Any others in the hearing room who would like to offer opposition? Seeing none, I will bring it back to committee for any comments or questions. Assemblymember Stephanie and then Patel. Thank you. I just want to thank the senator for bringing this forward. I had a dad pass away. My dad just passed away April 29th of this year after suffering from Lewy body dementia for eight and a half years. and I was just saying to my daughter the other day that I wish I had been able to do more at the early stages in 2016 and 2017 and the suffering that my family went through, that he went through, the healthcare, the hurdles, it's traumatic and with all due respect to the opposition, I think these are just the same tired arguments we hear about what we need to be doing for Alzheimer's and dementia. And I want to thank the Alzheimer's Association and the witness for bravely sharing your story. When I told my daughter, I wish there was more I can do, I'm glad I get to be here today and vote aye on your bill. So thank you. Assembly member Patel. Thank you, Senator, for bringing this bill forward. It's very important we have our patients have access to lifesaving therapeutics. and anything that can improve quality of life is certainly worth looking into. I do have one question, specifically from what the OPPO brought up about the designation as an exigent condition. Can you address concerns around that? Yes, we're making it exigent circumstance because these medications have a limited eligibility window. They're only available for people that are in the early stage of Alzheimer's. something that was mentioned in the presentation is that this is specifically also targeting the insured population that is living with early onset. So that's diagnosed younger than 65, but the treatments are available for people that are in the early stage before they move into the mild to moderate aspects of Alzheimer's disease when they're going to need either more assistance with their activities of daily living or they will need higher levels of care at a long-term care facility. So essentially, that is why we're making that circumstance exigent instead of the normal. Thank you for explaining that. That's something I didn't have quite a good grasp on understanding. therapeutics, a follow-up question, maybe even two. So these therapeutics are such that they have to be used at the very early stages. Are they then able to continue to be used for the duration of the condition? That is something that we are still finding out. Essentially, there is a subcutaneous maintenance dose for Lakembi, which is one of the anti-amyloid therapies. So that would continue on. There is a notion that you'll be able to stop Consunla at a certain point, but I don't think that we're there yet to say that for sure. but they are not essentially to carry over to those other stages. Those other stages are where the symptomatic medications are generally used. Okay, thank you for that explanation. Yeah, so I think, I'm sorry, think of these medications on the very, very front end to try to prevent the progression. Once you get to a certain point, the medications are used to treat the symptoms. And so that's also one of the reasons why we're not going with the step therapy because of step therapy will make you do the symptom treatment first fail before you can do this, but you really need this first if you're able to be diagnosed at the early stage. So it's almost like treating two different kinds of diseases or disease profiles. Yeah, it's targeting different things. This is targeting the formation of the amyloid plaques versus the other medications that target the symptoms of Alzheimer's. Thank you for that. I'd like to move the bill. Thank you, Assemblymember Patel. A second by Stephanie. Senator, I want to thank you for bringing forward this measure. And again, I want to thank as well, thank the testimony provided. this is certainly something that I feel very personally having two members of my family who suffered from Alzheimer's and dementia and were taken from us too long. I think to Assemblymember Stephanie's point and very loving commentary when people have dementia and Alzheimer's they are with us for a very, very long time often. but physically so. And we have to recognize that we are dealing with people who are not able to be their full selves. And that creates other kind of, quite frankly, health concerns and puts people into acute healthcare needs and creates much more cost to the consumer, the family, and to our overall healthcare system. I think you've put forward a very strong argument for why we need to make sure that we are treating this particular opportunity for effective delivery of care sooner and to classify it with exigent circumstance. That was a very helpful explanation with that. Senator, would you like to close? Yes. Once again, I want to thank you, Chair and the committee. I really want to thank the sponsors, the Alzheimer's Association, but my witness in particular for coming and being so vulnerable and sharing your story. I want to acknowledge Assemblymember Stefani. Thank you so much. And I'm sorry for your loss. I didn't know, but thank you for sharing that because it highlights how widespread these conditions are and how they impact families and communities. And, you know, the treatments that we're talking about today, unfortunately, we're not there with the cure. So this is not going to cure, but it can provide something incredibly meaningful that may have otherwise not felt possible. More time a better quality of life newfound memories with loved ones that can be passed down for generations Those things are invaluable. And as we look ahead, these medical discoveries are just the beginning. We know that we have ongoing research and innovation to move us closer to expanding access, improving lives, and one day achieving a future that is free from Alzheimer's disease. And with that, I respectfully ask for an aye vote on SB 950. Thank you. Thank you. We have a motion and a second. Please call the roll. The motion is due passes amended to the Appropriations Committee. Bonta? Aye. Bonta, aye. Sanchez? Addis? Aguiar-Curry? Ahrens? Coloza? Carrillo? Aye. Carrillo, aye. Jeff Gonzalez? Jeff Gonzalez, aye. Mark Gonzalez, Johnson, Johnson, I, Patel, Patel, I, Patterson, Rodriguez, Chiavo, Chiavo, I, Sharp Collins, Stephanie, Stephanie, I. That measures on call, Senator. We are going to pause from the rest of your slate of bills to move to item number two, SB 490 by Umberg, regarding alcohol and drug programs. Thank you, Senator, whenever you're ready. Thank you, Madam Chair, and a special thank you to Senator Weber Pearson for your accommodation. Very much appreciate that. Madam Chair and members, I'm here to present SB490. Thank you to you personally, Madam Chair, and also to Logan Hess for your continuing help with Umberg bills. We'll be accepting the committee's amendments. I'm happy to present SB 490, which will establish timelines for the Department of Health Care Services, DHCS, to investigate allegations of licensed treatment at unlicensed sober living homes. If DHCS cannot meet the timelines, SB 490 would authorize counties to request approval to conduct site visits and enforce compliance with existing state licensing requirements. The challenge of unlicensed sober living homes is particularly acute in Orange County, but it is a statewide phenomenon. and is a statewide concern, and it's a concern because DHCS doesn't, frankly, have the resources to be able to do the kinds of site inspections that we would hope or audits. A recent state audit revealed significant shortcomings in DHCS's oversight of unlicensed treatment facilities. The audit found that DHCS has not consistently investigated allegations of unlicensed facilities providing or advertising treatment services. So there are many examples. There are many examples where there's been a complaint, an initial take a look-see, and no follow-up. Per the recommendation of the state auditor's report, SB 490 institutes a timeline to assign a complaint to an analyst within 10 days, complete investigations within 120 days, issue violation notices within 10 days of completing the investigation, and conduct mandatory follow-up site visits to ensure unlawful services have been stopped. If this is the gravamen of the bill, if DHCS fails to meet these timelines, then counties can work with DHCS to enforce licensure laws and protect public health and safety. With me testifying in support of the bill are Anaheim City Council Member Kristen Moss who is also Founder and Director of the National Patient Brokering and Prevention Initiative I sorry I got that confused Founder and Director of the National Patient Brokering Prevention Initiative, Sequoia Thyssen. So thank you very much. Back to you, Madam Chair. Thank you, Senator. We each have two minutes. Thank you. Good afternoon, Chair Bonta and committee members. I'm Kristen Maas, City Council Member for the City of Anaheim. On behalf of Anaheim, thank you for this important opportunity to offer input on the topic for our city and all of California. Like other cities, Anaheim provides a frontline perspective on this issue. Recovery treatment in many forms plays a vital role in our city as it does across our state. The challenge of substance abuse disorder brings real impacts on people, families, and neighborhoods. Anaheim is supportive of community care facilities. We estimate our city is home to more than 150 facilities of many varieties. We share a belief that recovery is most effective in the right setting and with the best help possible. But we also know that there are challenges. As a city, we are limited in our ability to regulate treatment facilities or group homes. That makes California's role and your consideration of this proposed legislation so important. Recovery is only as strong as the support someone receives. There are many great operators whose work changes lives. But we also know of horror stories, stories of billing exploitation, client cycling, disruptive operations, unlicensed treatment, and ultimately failed recovery. Undermining recovery in one case undermines treatment and supportive recovery as a whole. What is being proposed is enhanced oversight in a reasonable, incremental way. SB 490 embraces the state auditor's recommendations for investigating unlicensed treatment. It would bring partnership with counties to do site visits and ensure licensing. This would allow the state to leverage local support and to better respond to violations, ensure compliance, and to protect the health and safety of those in treatment. The proposal would strengthen state oversight backed by local governments. It is critical for all of us to ensure that recovery meets the highest standards, brings better outcomes, and supports healthier communities. Thank you for your consideration on this proposal. On behalf of the City of Anaheim, I extend our city's appreciation for your support of enhanced recovery outcomes and a stronger treatment system. Thank you. Thank you so much. You'll have two minutes as well. Thank you. My name is Sequoia Thiessen. I'm the founder and director of the National Patient Brokering Prevention Initiative and a UC Berkeley student. I support SB 490 because, from my perspective as both a survivor and someone who works on this issue every day, California's oversight of fraudulent and unlicensed treatment centers has not kept pace with the reality on the ground. I founded this organization because after surviving this industry and then researching it, I realized that exploitation is not the exception. It has unfortunately become the norm. When people are entering treatment, they are in their most vulnerable. These become more than licensing violations because they create environments where serious harm can go unchecked. When oversight fails, there are serious consequences. I have witnessed patients including myself be subjected to conditions akin to human trafficking Because of the lack of oversight there is immeasurable exploitation going on here in California including kidnapping rape coercion and both labor and sex exploitation The people exploiting this system count on enforcement gaps and delays. They want to delay these consequences so that they can continue commodifying people's health and sobriety. SB 490 also acknowledges that many fraudulent rehab actors own more than one facility, and they often move patients between facilities to avoid oversight and accountability. In practice, this mirrors human trafficking because patients are brought from all over the United States and being coerced with housing, food, and medical care to generate income for these unlicensed facilities. It is not uncommon for patients to be brokered across 50-plus facility over a number of years. This bill will help close an important gap within collaboration and trust building as well. One of the main reasons victims struggle to come forward in this industry is because they are typically coming from backgrounds that have fractured trust with the state. This bill tells patients that you care about the conditions they are subjected to while in treatment and that their reports will not go uninvestigated. Thank you. Thank you for that testimony. We will hear from anybody else in the hearing room who would like to offer support for the measure. Good afternoon. Sylvia Solis Shaw here on behalf of the City of Beverly Hills in support. Thank you. Cassidy Heckman on behalf of the California Association of Health Plans in support. Good afternoon, Olivia Herrera, intern at Stone Advocacy, on behalf of the California District Attorneys Association, in support. Thank you. Good afternoon, Kendra Bagley, on behalf of the City of Carlsbad and the City of Thousand Oaks, in support. Stephanie Watkins, on behalf of the Association of California Life and Health Insurance Companies, also in support. Thank you. Are there any primary witnesses in opposition? Thank you. Thanks, you all have two minutes. Thank you, Chair and members for the opportunity to speak to you today. My name is Amar Asshid, the Director of Legislative Affairs for the County Behavior Health Directors Association of California, representing the leaders of the public behavior health agencies that serve the mental health and substance use disorder needs of California's Medi-Cal uninsured and underinsured populations. CBHDA respectfully stands in opposition to SB 490. SB 490, as is in print, instructs the Department of Health Care Services and potentially county behavior health agencies to investigate sober living homes providing unlicensed substance use disorder treatment, an activity those centers should not be engaged in and one that the department already has jurisdiction to investigate. The issue that the author discusses are rooted in private sober living facilities which advertise detoxification services or other unlicensed residential SUD treatment and are not contracted or under the jurisdiction of County Behavioral Health in any way. SB 490's proposed timeline for DHCS to complete investigations for facilities engaged in unlicensed residential SUD treatment in conjunction with the proposed option for County Behavioral Health Department to instead perform the function of investigating those private entities in which they have no jurisdiction over represents a significant liability risk and a potential unfunded workload increase for county behavioral health agencies. It's for that reason that we thank the committee for the proposed amendments in the analysis, which take the bill to a more appropriate step in assisting in the aims to ensuring that the investigations of these entities engaged in inappropriate unlicensed SUD treatment are happening in a thorough and timely manner through DHCS, the appropriate jurisdiction and oversight authority of these facilities. However, with these proposed amendments, there still seem to be a number of technical concerns, which will result in unnecessary burdens to some of the counties that we hope to continue to engage in discussion with the author's office on in order to mitigate for. And it is for those reasons that CBHDA at this time respectfully opposes SB 490. I thank the chair and members for the time today. Thank you. Any others in the hearing room with position of opposition to the bill seeing none, I will bring it back to the committee for any comments or questions. Assembly member Patel. Thank you for bringing this bill forward. Certainly it's an important thing to take on these unlicensed behavioral health, mental health clinics, especially for behavioral or substance abuse disorders. I want to ask if you could address some of the concerns raised by the opposition here from our county behavioral health folks. I think that's correct. In an ideal world, there would be adequate resources, adequate capacity at DHCS to be able to timely investigate abuses. But that's not the world in which we live. And so as a consequence, cities and counties, some counties, but particular cities and neighborhoods have said, we need to do something about this. And if DHCS doesn't have the capacity, where do we turn? I understand that counties don't want an additional workload. And indeed, they don't have to do anything. We're simply telling them, hey, here's what's going on. Please investigate. Please take action. So if they don't want to, they don't have to. There's no mandate in this bill. There's no consequence. There's no penalty. But in order to address the violations and the challenges that exist, we need to do something. And it's a good matter of public policy that we basically empower localities to actually do site visits and investigate. But as a practical reality, if DHCS stops it, they can stop it. In other words, they can stop any investigation. They can stop any further process with respect to the sober living homes. Okay. Thank you for that. Seeing Assemblymember Schiavo. I want to thank you for this bill. If there's no one with eyes on situations and if there's no one checking, then there are literally no checks on what people are doing. And especially, you know, when you're talking about people who are in a vulnerable state and in a really difficult time in their life where they could be taken advantage of, it's really unconscionable. And there's been some terrible horror stories about what is happening in some of these centers. And so, you know, unfortunately, until we get to the point where we as a state can fund the kind of oversight and investigation that needs to be done, And I think that we should certainly not stand in the way of localities being able to, you know, look into the sober living facilities themselves. So I happy to support it today happy to move the bill and would love to be added as a co if you have me All right Thank you very much Thank you What she said So right Thank you What she said as your close, Senator? That's my close. Yeah, that's my close. Appreciate it. Thank you, Madam Chair. With that, I think we have a motion. Assembly member? Yeah, one follow-up. I do, after processing this a little more, seeing that this is not a mandate and it's an option for localities to pursue investigation. I do feel like it's okay, and I would like to add on as a co-author as well. Thank you. Thank you very much. Thank you. Can you also second that one? And I will second it. Thank you. Senator has already closed. Please call the roll. The motion is due pass as amended to the Appropriations Committee. Bonta? Aye. Bonta, aye. Sanchez, Addis, Aguirre-Curry, Ahrens, Coloza. Carrillo. Carrillo, aye. Jeff Gonzalez. Jeff Gonzalez, aye. Mark Gonzalez. Johnson. Johnson, aye. Patel. Patel, aye. Patterson. Rodriguez. Chiavo. Chiavo, aye. Sharp Collins. Stephanie. That measure's on call. Thank you so much, Senator. Thank you, Madam Chair. Thank you, Assemblymember Chiavo. Thank you, Assemblymember Patel, and all the other members. Thank you. Thank you. We're going to move back to our file item number nine, SB 1037 by Weber Pearson for one of three bills that she still has to be heard. Go ahead. Item number nine, SB 1037. Thank you. Thank you, Madam Chair. I want to thank you and your staff for the work on this bill. I accept the amendments described in the analysis and that are reflected in the mock-up. The focus of this bill, SB 1037, is affordability of state-regulated commercial health insurance. This bill with the amendments requires health plans and ensures to demonstrate where the premium rate growth meets the cost growth target established by OCA. If the rate growth will exceed the cost target, the plan must indicate why and what steps it will take to address it and reconcile this with any relevant analysis published by OCA. SB 1037 codifies the federal definition from the Affordable Care Act of, quote, unreasonable rate increase, end quote, which is a determination state regulators are currently authorized to declare when reviewing health insurance rate. This bill also requires regulators to consider specific revenue indicators when determining if a rate increase is unreasonable, but not in a way that conflicts with the financial solvency of the plan. With the amendments, this bill will require regulations in consultation with OCA to be re-evaluated as a part of the rate review process if the insurer's rate meets the ACA affordability standard benchmarked for an individual and for a family of four with household income at 200, 400, and 600 percent of the federal poverty level. The findings of the evaluation will be reported as required under existing law at a public meeting on health insurance rates. With the loss of federal enhanced premium tax credits, many covered Californian enrollees have experienced an average of a 97% increase in monthly health care insurance premiums. As predicted almost 400 Californians canceled or terminated their covered California coverage Cancellations were highest among middle Californians and people of color Those who are still covered have moved to higher deductible plans with lower premiums, but a higher cost sharing when services are needed. This will aim to add health insurance rate reviews and affordability focus. With me today to testify are Caitlin Van Dyne from Health Access California and Benjamin Eckert from NUHW. Thank you. Thank you. You'll each have two minutes. Good afternoon, Madam Chair and members. Katie Van Dyne for Health Access California. We're strongly in support of SB 1037 as amended that will evaluate the impact of proposed rate increases on affordability. and detail how health plans will show the benefits of the Office of Healthcare Affordability cost growth targets in their rates. The most common question we get about the Office of Healthcare Affordability is, when will my health care costs be less because of OCA? And in fact, the UC Labor Center says that if we had these targets three years ago, premiums for family coverage would have been $5,800 less over those three years. The bill requires that the health plans and insurers explain in the rate review process how the OCA targets will be affecting health care costs. They are asking consumers and employers to pay. And as the senator noted, we'll see if they're going to meet those targets, and if not, what proactive steps are being taken, and what are those cost drivers leading to those increases. SB 1037 will help us ensure the savings and the cost curve targets are realized in consumer premiums. And to evaluate how affordable rates are, under this bill, the departments will consult with OCA and look at that through an affordability standard and look at that based on different Californians' incomes. We think this is a really important measure and really appreciate this in this bill. And with that, I respectfully ask for your aye vote on SB 1037. Thank you. Thanks. Good afternoon, Chair and members. My name is Benjamin Eichert, and I'm the Public Policy Director for the National Union of Healthcare Workers here in strong support of SB 1037. NUHW represents frontline caregivers across California, including 4,500 mental health clinicians at Kaiser Permanente, and we often hear how unaffordable care has become for the patients our members serve. SB 1037 sharpens what plans must show in rate review, including how OCA's cost growth targets reach the premiums people pay, and it adds something new. If a plan will miss the target, it has to tell regulators, explain what's driving the higher costs and what it's doing to fix it. We strongly support OCA's all-in approach. We also support measuring whether rates are truly affordable year over year as a share of people's income. The piece we most want to speak to is letting regulators weigh excessive financial capacity. The analysis before you shows excess reserves at full service plans topped $94 billion in 2024. These reserves are largely funded by California consumers who have paid the increasing rates, whether individually or as businesses burdened with higher premiums. They've also been paid by workers who did not get a wage increase because instead that money was diverted to maintain increasingly costly health care benefits. When a tax-exempt plan sits on such large reserves and still wants a rate increase, regulators should be able to ask, are the rates too high or should that money be going into care? Often the answer is both. We're grateful to the author for advancing this important issue. For the patients our members serve, I respectfully ask for your aye vote. Thank you. Any others in the hearing room who would like to offer support for the measure? Megan Loper on behalf of the California Hospital Association in support Thank you Are there any primary witnesses in opposition Thank you. biggest challenges facing Californians today. It's why health plans support policies that address the underlying drivers of health care costs and oppose proposals that make coverage more expensive. The reality is that premiums are not set arbitrarily. They are certified by actuaries, reviewed by state regulators, subject to public scrutiny and can be deemed unreasonable. Health plans are already required to spend the vast majority of premium dollars on medical care with access funds returned to consumers through rebates. California has some of the strongest consumer protections and transparency requirements in the country. The issue we're facing is not a lack of oversight. The issue is that the underlying costs of care continue to rise. Hospital costs have increased by more than 265 percent over the last five years, and pharmaceutical costs have risen by more than 70 percent. In addition to these pressures, the legislature had just approved and the governor signed a new MCO tax that places a $1.5 billion tax on commercial coverage. Given that action, it's difficult to reconcile the affordability goals of SB 1037 with the reality that health insurance will now bear additional costs. SB 1037 adds new regulatory requirements without addressing the factors that are actually driving premiums higher. Health pens want to be part of the solution, but meaningful affordability gains will come from... members Stephanie Watkins on behalf of the Association of California Life and Health Insurance companies regrettably here in opposition to the bill today we do appreciate the early conversations that we had with the author the sponsor and staff unfortunately as my colleague mentioned we share the legislature's goal of ensuring all Californians have access to comprehensive affordable healthcare unfortunately as drafted SB 1037 introduces a new and subjective rate review process more specifically while we understand the desire to de-link existing definition of unreasonable rate increases from the Federal Affordability Care Act in order to reflect California's specific market. The framework proposed in this bill creates significant implementation challenges. As it's currently drafted, 1037 introduces numerous new terms that have a potential to make the process not only confusing, but potentially inconsistent across regulatory bodies. We're concerned that the lack of certainty regarding compliance will lead to significant regulatory confusion as well as increased cost to the system. The bill also appears to combine the function of the Office of Healthcare Affordability Application Healthcare Cost Targets with DMHC and CDI's rate review process, which are fundamentally distinct. Additionally, while we appreciate the interest of considering affordability and the analysis that references the actual premium impact, we are confused about whether or not there are true deficiencies within the current process. If the argument is that there are there is additional information necessary to determine something to be unreasonable or reasonable we certainly want to have those conversations going forward but if this isn't an exercise in looking at affordability disconnected from the actual functional rate inputs that create a reasonable or unreasonable rate we're not sure that actually benefits the consumer rather than just adds additional cost to the system. So for those reasons, we remain opposed to the bill, but certainly do look forward to continuing conversations if it moves forward today. Thank you. Thank you. Are there others in the hearing room who would like to offer opposition to this measure? Seeing none, Assemblyman Ruschiavo. I want to thank the author for this bill. I think, you know, as was stated, and this is something that I saw for workers for many, many years, that they will go to the bargaining table. And after COVID, I mean, there are some unions, hotel workers, for example, who got zero wage increases because everything went to health care. And so it's something that we don't think about all the time about the downward pressure on wages that health care actually has. But because health benefits are taking up so much of the money that is on the table, it's a huge, huge detriment and is one of the biggest costs that is really keeping workers behind in the state and in the nation. And, you know, as the impacts of H.R. 1 are felt and the cuts to our health care and subsidies have disappeared, we know that people are really struggling. You know, some people in my district have talked about paying more for their health insurance than they do for their mortgage. and so I think having daylight on this and having more transparency for us to inform us as policymakers to be able to make decisions that make sense and how we best can support folks and policies that need to be changed I think is really critical for the work that we do and really grateful for your leadership on this and happy to move the bill. Thank you. We have a motion? Seconded by Patel. Senator, I want to thank you also for bringing forward this bill. I did just want to have you address the opposition's concerns around the kind of conflation, if you will, between the rate review process and the impact of cost targets, which are outlined as something that is pretty seminal to this measure. Thank you, Madam Chair. and hospitals to see the benefits of all that, the slowing of the increases in costs. We want to make sure that all of those benefits are realized on the rate side so that if we're seeing that the health plan isn't going to meet the cost growth target or there's going to be big increases in rates, we now have this data on cost drivers at OCA to be able to reconcile and check against and see what are the actual drivers of what is being proposed on the rate side I know I heard from the opposition arguments around well the rate regulation is looking forward It looking at proposed rates whereas the Office of Health Care Affordability is looking backwards We looking at spending from the previous years and then doing enforcement over the next couple of years after the actual enforceable year I think we can do both, and it's important that we can do both so that we can see moving forward what are the cost drivers, but also are looking backward with the data we have from the previous years to inform all of those decisions. and what we can do to try to actually see those benefits and bring down the rising cost of care for Californians. Thank you. Senator, would you like to close? I want to thank you and your committee staff once again. You know, eight out of ten Californians say that health care affordability is a top priority. This bill and my next two bills will be specifically addressing that You know, we can all agree that health insurance is extremely expensive And health insurance premium growth is surpassing medium household income and cost of living SB 1037 connects the work of OCA with regulatory reviews of health insurance premium rates And respectfully asks for an aye vote on this bill Thank you. We have a motion and a second. Please call the roll. The motion is due pass as amended to the Appropriations Committee. Bonta? Aye. Bonta, aye. Sanchez? Addis? Aguirre-Curri? Aarons? Coloza? Carrillo? Aye. Carrillo, aye. Jeff Gonzalez? No. Jeff Gonzalez, no. Mark Gonzalez? Johnson? Johnson, no. Patel? Aye. Patel, aye. Patterson? Patterson, no. Rodriguez, Chiavo, Chiavo I, Sharp Collins, Stephanie. That measures on call, Senator. Thank you. We're going to move on now to item number 10, SB 1094 by Weber Pearson. Okay. Thank you. Thank you, Chair, committee members, committee staff, for all of your work on this bill. I will be accepting amendments to require plans and insurers to notify providers about this bill and that beginning January 1st, 2027, their patients who are on a reference biologic will be eligible for pharmacy substitution of biosimilars on the formularies, listing the patients and the possible substitutions. It also lengthens the period of another required notice to patients and providers about formulary change to 60 days in advance from 30 days and adding more details to the notice, including which of the provider's patients will be affected and the expected cost sharing, as well as provider options to keep their patient on the reference product if necessary. We'll also prohibit a PBM, health plan or insurer or affiliated entity from requiring utilization of only a biosimilar product in which the entity has direct or indirect financial interest when other biosimilars may be available. So as I stated in the last bill, health care affordability is one of the top concerns of Californians. Over half Californians report health care costs rising faster than their incomes, and 60% report that they or a family member has skipped medical care due to cost. One of the underlying factors in this rising cost of health care is the cost of prescription drugs, which has increased by 72% since 2017. Biological products are particularly expensive Costing hundreds to thousands of dollars per injection These are critical treatments But their high price tags are putting a real strain On patients and our healthcare system in general Fortunately lower alternative like generics and biosimilars offer the same clinical results as their brand counterparts Over a past decade, studies have consistently shown that switching from a reference product to a biosimilar is not associated with any clinically significant difference in safety, efficacy, or immunogenicity. Despite having many safe, effective, lower-cost alternative available, we are not using them to their full potential. This bill offers two practical ways to encourage biosimilar use to bring down cost and inject more competition into a system that brand name pharmaceutical manufacturers have controlled for a very long time. First, it allows pharmacists to substitute a lower cost biosimilar for a biologic when appropriate unless a prescriber indicates otherwise by adding do not substitute to the prescription. Second, it allows health plans to require patients to try a generic or biosimilar unless the prescriber indicates otherwise by adding do not substitute to the prescription. The plan is required to provide 60-day advance notice to the patient and provider with the amendments that we're taking in this committee. This bill only allows health plans to require a patient to try a biosimilar when the net cost of the plan of the biosimilar is lower than the reference product and the patient's cost sharing is the same or lower than the reference product. This bill also requires health plans to report on the impact of this policy on premiums and cost sharing. Sharing, according to the California Orchard Purve analysis, this bill is estimated to generate savings for patients in our health system, including $4 million in cost savings for patients who switched to a biosimilar and $90 million in savings in the form of reduced premiums for employers, enrollees, and Medi-Cal. At the core, this bill is about affordability, safety, access, which are key components for adherence with any treatment. It's about making sure Californians can get the care they need without having to choose between their health and their financial stability. Today, speaking in support is Nick Luisos from the California Association of Health Plans and Dr. Bering, a pharmacist doctor with Western Health Advantage. Respectfully ask for your aye vote. Thank you. We'll each have two minutes. Great. Thank you, Chair and members. Nick Luizos on behalf of the California Association of Health Plans urging you to support SB 1094 and thank Dr. Weber Pearson for her leadership on this critical affordability issue. Policymakers have rightly declared affordability an issue and a top priority. This is why our association is actively working to promote policies like SB 1094 to drive down spending while expanding access to FDA approved drugs that are safe, effective, and thus make health care more affordable and accessible for all Californians. The author already went over the data about the unsustainable increase in list prices by the drug manufacturers, and we cannot sustain that trajectory unless bold policy moves are made. The independent analysis of this bill indicates offsets to premiums and savings to consumer at the counter, and the author went over those numbers already. But the bill achieves these savings by simply updating outdated statutes to reflect modern science. It aligns California with FDA clinical evolution and Medicare policy, allowing for the automatic substitution of safe, effective, and lower-cost biosimilars. This is a common sense update to expand access to life-saving medications without compromising safety. Existing law, unfortunately, illogically places barriers in this regard and prevents substitution that save people money. So this bill is carefully crafted It includes robust consumer protections notification requirements and reporting requirements And this is why you see a broad and diverse coalition of supporters for this bill We need more solutions like this to lower the cost of care for all Californians, and we respectfully urge your high vote. Thank you. Thank you. You'll have two minutes. Hi, everyone. I'm Dr. Kieran Firing. I am a chief pharmacy officer for Western Health Advantage. I'm here to support SB 1094 and thank Dr. Weber Pearson for the opportunity to be here today. As a pharmacist with more than two decades of experiencing and managing medication access and affordability, I have seen firsthand the positive impact biosimilars can have for patients and the healthcare system. SB 1094 would allow pharmacists to substitute FDA-approved biosimilars unless the prescriber indicates otherwise, helping patients access safe, effective, and lower-cost treatments while preserving physician oversight. At Western Health Advantage, we recently transitioned our population of patients using Stelara to a FDA-approved biosimilar. Through proactive physician engagement, patient education, and pharmacist-led care coordination, we achieved an exceptionally successful conversion with no member abrasion, no disruption in care, and continued positive clinical outcomes for our patients. Our experience demonstrates what evidence has already shown. Biosimilars are safe, effective, and can reduce unnecessary healthcare spending while maintaining high-quality patient care. SB 1094 provides pharmacists an important tool to help Californians access these therapies more effectively and affordably. For these reasons, I respectfully ask for your support in SB 1094. Thank you for your time and consideration. Thank you. Any others in the room who would like to offer support for the measure, please come forward with your name, affiliation, and position on the bill. Good afternoon, Chair and Members. Matt Akin on behalf of the Association of California Life and health insurance companies in strong support. Madam Chair and members, John Winger on behalf of America's Health Insurance Plans in support. Madam Chair and members, Dennis Klaus Romero with CPCA Advocates in support. Kate Van Dyne with Health Access California in support and adding on for SEIU California. Thank you. Natalie Peeta on behalf of the California Academy of Family Physicians in support. Madam Chair and members, Andres Ramirez with Blue Shield of California in support. Chair and members, Allison Ramey on behalf of the Pharmaceutical Care Management Association in support. Alexis Rodriguez for the California Chamber of Commerce in support. Thank you. Thank you, Chair and members. David Gonzalez on behalf of America's Vision Groups in support. Mandy Isaacsley on behalf of CBS Health in support. Michelle Rivas with the California Pharmacists Association with the amendments in full support. Thank you. Thank you. Are there any primary witnesses in opposition? We'll have two minutes. Thank you. Thank you, Madam Chair. Tim Madden, representing the California Rheumatology Alliance. We currently have an opposed unless amended position, but I want to make it clear it's on the bill, it's in print. We're in the process of reviewing the amendments that the senator just outlined, hoping to get through those quickly. But I did want to start with our appreciation to the senator and her staff for her time and listening to our concerns. I think she's been overly generous in listening to me talk her ear off about our concerns. And I do believe the amendments that she describes do get at some of the concerns that we have expressed. Maybe not in the exact same fashion, but I do believe that they are intended to address some of our concerns. So I'm looking forward to working through those with our folks to see where we land. We do have one concern that was not addressed in the amendments, and it has to do with the situation where a multi-switch is occurring. So this is when a patient is moving from a reference product, a brand name product, over to a biosimilar. And then once that switch is made, a subsequent switch is made to a different biosimilar. And we've also seen situations where they've been switched to a third biosimilar. So we're concerned with that for two main reasons. One, if there is an adverse reaction to that, the physician is left with not really understanding which of those biosimilars cause that reaction. Probably more importantly, my folks have expressed concerns with as you take more and different biosimilars, you develop antibodies against all of them. And there are some concerns that once you develop those antibodies, it actually inhibits your ability to go back onto the brand name product that you might have been stable on to begin with. But we have been talking to the senator about that. We are talking about getting into more details in July, and we look forward to having those conversations and available to answer any questions. Thank you. Are there any in the hearing room who would like to offer an opposition position? Gilbert Lurie here with Biocom with an opposed unless amended position also. Thanks. Jennifer Snyder on behalf of the Biotechnology Innovation Organization. opposed and less amended position as well. Mapback representing the osteopathic physicians and Amgen. Like Mr. Madden said, both our opposition positions are based on the bill in print. We're looking forward to looking at the amendments, and we'll go from there. Thank you, Senator. Kasha Hunt with Political Solutions on behalf of the California dermatologists. We actually are not in opposition anymore. We had an opposed and less amended position but are now moved to neutral, based on the senator's amendments. So thank you to the center for all our work. Thank you. I'll bring it back to the committee now for any questions. We'll go Gonzalez and then to Patel. Thank you, Madam Chair. You know, I was in opposition for this bill that was in print. I don't know if you're aware, I have a son with special needs, cerebral palsy. So looking at this from the lens of a dad and an advocate and the challenges of the different meds and then the biosimilars and how's that work, it really put me in a position of opposition because we've experienced so many challenges. But after speaking to some folks on your team and then outside of that team, we learned a little bit more and have moved to a place of support. So I want to thank you for the constant communication, the clarity in the amendments. I believe there's still a little bit more work to be done, but I think that can be done as we move this forward. So thank you. Thank you so much for that. I want to thank my supporters, but also those who have been in opposition. The notification requirements the ability to allow providers at the end of the day to determine whether or not the switch is appropriate has been very important to me and I know many in the opposition Because when you're talking about these particular drugs, they're so specialized that at times it takes people a while to get to a place where they are stable, and you don't want to mess that up. Now, not everyone takes that same long course, but there are some patients that do. And that's why in this bill, there are much stronger notification requirements than you have for any other medications, including interchangeable biosimilars, which can be switched right now without provider notification in advance. And so we had the 30-day before, and now we've amended it to 60-day. And it's not just a basic notification, because I get those notifications all the time that there's some new drug on a formulary. but I have no idea which one of my patients is on what health plan or remember who's on which medication. And so this one actually informs the provider of the formulary change and the patients that are there that could be impacted by this. And so if they look and they see, oh, you know, this patient, we've had a hard, long road to get them stable. They need to stay on this medication. They have that ability to then go into that patient's chart, write a new prescription and say do not substitute, and that will be honored by the pharmacist. Assemblymember Patel. Thank you, Senator, for bringing this bill forward, and thank you for your willingness to have conversation with me even up to the last minute and make sure I understand the intent of this bill. As someone who worked on biologics in my past career, I'm very sensitive to understanding the difference between biosimilars and interchangeables that are FDA-approved as interchangeables. I wanted to just reflect on that as you clarified just now that even the interchangeables, while designated as essentially interchangeable through studies, those don't have any kind of noticing requirements. And that is very interesting to me as we think about protecting patients and their changes to their prescriptions. I do have a couple questions for you to help me understand this bill more fully. Please bear with me. Will this bill allow substitution of a prescribed biologic with any biosimilar? And what are the studies behind the biosimilars being essentially interchangeable? I know that you had cited some in the committee analysis that also described that there are studies that show that they are in practice fairly interchangeable. And are there any concerns around that? So I will let my pharmacist talk about when they choose which actual biosimilar, because there is a book that they use similar to generics. But I will briefly touch on the difference between biosimilar versus interchangeable and that designation. And then we'll also let my other witness, Nick, talk about it too. But interchangeability is a legal definition. It's not necessarily a scientific one. It was defined as a part of the ACA. And even though recently the federal government has essentially said, and I'll read a statement from the FDA, all biological products are approved only after they meet FDA's rigorous approval standards so healthcare professionals and patients can be confident in the safety and effectiveness of a biosimilar product, whether or not it has been approved as an interchangeable biosimilar, just as it would be for the reference product. And so over time what you seen is that in order to get that designation as an interchangeable the number of studies have been completely whittled down And it really mainly just an application process at this point The FDA can't change it because it was a part of the ACA, and so it has to be changed through Congress. And we all know how quickly Washington, D.C. moves. And so because of that, the FDA has basically stated whether you're interchangeable or biosimilar, if you are FDA approved, you are basically the same as the reference product. And there is very little difference, if any, between the interchangeable and biosimilar. But I will let my pharmacist talk about how they choose it. And then Nick can jump on if there's anything else he wants to say about the difference between interchangeability and just basic biosimilars. So thank you for that. Great question. We get these questions all the time. So I'm sure you're familiar with brand and generic medications. This is the most analogic conversion that you can have is there's brand products, there's generic products. Although the generic is identical in terms of the chemicals, the excipients or maybe the powders or the colors are different. That's the difference between a brand and a generic. In a biosimilar, just as Dr. Weber Pearson stated, it is identical in the make and product. What's different with biosimilars is it is a protein. And although it is as close as humanly possible, there could be a little bit of a nuance. And that's seen even with generics. So we see this today with different types of generic and brand products. The bill today, what is asking is not that we would be able to change the type of biosimilar. It would be a one-to-one product. So we're not requesting to have the drug be a different type of mechanism of action. It would be an identical biosimilar to the reference product.
I have nothing to add. Actually, the senator said everything that I was going to say, so thank you.
Yeah, of course, the assumption would be that it wouldn't be a different active target or something like that for treating that condition, that it would be an actual biosimilar. So I understand that. I just want to make sure that sometimes as we have excipients and pressed powders or pressed pills, things like that, in the way a biologic is created, there may be differences in cell lines, media cultures, et cetera, that could make that formulation slightly different and could react with the patient's body in treatment slightly differently. And when a physician finally has a patient on a treatment of care that seems to be working, we want to make sure, as you have done in your bill, that you've put in the provisions that if you have a do not substitute, it is not to be substituted. And it also will not be substituted, as I understand, upon renewal of that prescription until a prescribing physician actively asks or makes that change themselves. Is that correct?
That is correct.
So once that initial prescription has been completed and you need to do a refill and you put do not substitute, that is exactly what will happen.
It will not be substituted. And as a pharmacist practicing on the bench, we're legally not allowed to substitute once a physician has written do not substitute.
Thank you for that clarification. That's important to know as well. And then is this a positive like when a physician gets notified that there are biosimilars available and you declared that the patient names would actually be listed out when you get a notification from a pharmacist in your bill is that do you have to give positive affirmation that yes it is okay Are you checking a box Yes okay to prescribe Or is it a notification and then you have to say no actually we want to keep them on this biosimilar or this original?
So it is a notification that they will be receiving from the health insurance company once it is on their formulary stating that this is something that could happen to these patients that are on the medication. It's not coming from the pharmacist 60 days before. the pharmacist, to my knowledge, informs providers within three or five days of the switch.
So this is 60 days before from the insurance company. And then the provider would need to go in and say, do not substitute, write a prescription that says, do not substitute. And is there a course of action for the patient to say if the physician did not make that notification, something happened, they didn't receive it, and then the patient wanted to go back to their original, their reference product.
Yeah, in the Knox Keen Act that regulates health plans, there is an expedited exceptions process. So if a person is switched and the medication turns out not to be effective or there are side effects, the provider can request to switch back to the original. And that's an expedited process. It's 72 hours if it's non-urgent and 24 hours if it's emergent. So that's the existing process.
Thank you. I do – oh, go ahead.
I was just going to say, we absolutely want our patients to advocate for themselves. If they feel that this is the right medications for them, we welcome that conversation.
Okay. Thank you. We have had quite a few conversations, and I've gotten information from your staff on this. I do appreciate that you continue to work with opposition as we move this bill forward, but I am happy to support it today, and I look forward to seeing where it finally lands in its language. Thank you. Assemblymember Stephanie.
Thank you, Chair, and thank you, Senator. I absolutely agree with the premise of this bill. health insurance premiums are way too high for several different reasons. And I just want to make certain that this bill, if it's an affordability bill, that we are guaranteeing that the health plan must pass these savings directly to consumers. I believe if a health plan is saving millions by switching patients to lower cost drugs, I want to make sure that we are actually in this bill requiring them to return those savings to patients through lower premiums or lower out-of-pocket costs. And my reading of the bill, I haven't seen anything where we're
actually requiring that savings to be passed on to consumers. Thank you so much for that question. That was one of my initial very hard conversations with the health plans about ensuring that the cost would go back down to the actual consumers, and I will let the health plans give their answer. But it's easier said than done. That's what I'll say. And because of that, that is why in the bill they are required to give that report that basically lets us know where those savings come from. But I will turn it over to the fans to explain the complexity of that. Yeah, thank you,
Assemblymember for that question. Obviously, you see us in committee all the time advocating against anything that increases premiums and advocating for policies like SB 1094 that tries to lower spending and provide some level affordability for consumers. The independent analysis of this bill shows that this bill will lead to an offset of premiums of about $90 million and save between $91 and $310 in out-of-pocket costs for folks that are on these drugs. The bill also has a reporting requirement, because we believe the first step in this is to provide some level of transparency. Transparency is always the first step in this. And so there's a reporting requirement in this bill that requires the health plans to report to the Department of Managed Health Care how the substitutions and how the formulary modifications related to these drugs are going to impact premiums and out-of-pocket costs for consumers. And so we'll analyze that data. Right now, health plans already report drug spending data to the Department of Managed Health Care. And so one of the lines that you'll see in that report currently is how rebates offset premium growth. And so we imagine the department might interpret this bill to include a line that way as well. Now, this is one piece of the puzzle in affordability. There are several headwinds that our members are facing, including the $1.5 billion MCO tax that was passed by the legislature and approved by the governor, which is going to overwhelm any cost savings associated with this bill. But we need to start promoting bills like this in order to turn the tide. And so, and want to appreciate and acknowledge Senator Weber Pearson's comments in budget committee related to that tax. But, you know, transparency is the first step. We'll get the data and I think it'll serve as a platform for evaluation moving forward.
Through the chair and to the health plans, I do know and I understand that this bill does require reporting on whether cost sharing and premiums are reduced, but reporting isn't the same as requiring savings being shared. It's just not. And I don't understand why you would oppose any language that would force you to pass those savings on. It does require report to DMHC and CDI on the percentage of substitutions, but this bill does not require that you pass those cost savings on. It's just data reporting. And that's fine. We can get the reporting, but without requiring you to actually pass that on to the consumers, it leaves me a little skeptical of not the author of the bill, but of your intention on whether or not you would be willing to accept language in the bill that would force you to actually pass it on, not just report that you've saved millions of dollars, but that you're passing those dollars on to the very patients
that need that care. Would you? Yeah, so health plans are already subject to the most stringent transparency requirements, rate review, focus spending targets, et cetera, et cetera. Health plans are also subject to what's called the medical loss ratio. This is not a feature that is imposed on any other sector of the healthcare universe, which basically says that a health plan has to spend at least 85% of the premium dollar on direct medical care. If we don't meet those obligations, the consumer gets rebated. So, you know, we feel that the, you know, existing, you know, regulatory rigor around cost and affordability as it relates to health plans provides some mechanisms and triggers in that regard. So I'm going to ask my sponsor to specifically address the complexity with ensuring that each individual patient is getting that the cost sharing whether they have you know different types of insurance and how that would work because that was the conversation that I was told when we were having this very same conversation
Yeah, no, thank you, Senator. So the bill only allows for substitution if it's going to be the it's a lower cost product. And if the consumer is going to see the same or lower share of cost at the pharmacy counter. and so um that those are the parameters around when the substitution would actually take place um and so you know with respect to the complexities um we already have a copay cap um an existing law for prescription drugs so um a person is not required to pay over a certain amount according to statute and i wish i had the statute in front of me and i can tell you that amount so um you know with respect to you know whether you know each and every time a person's going to see savings at the counter that is most likely to occur. In fact, our health plans that switched people off of Humira onto the biosimilars version of the drug, a lot of our plans are actually offering zero share of cost for those folks. So people are seeing direct benefits at the pharmacy counter with respect to biosimilars.
I fear, Assemblymember, that you are probably not, have not been made whole in any of those responses. Your fear is definite, definitely realized. And I do have another question, too, around patient stability. And, you know, if a patient has found a biologic that works after months or years of trial and error, this is what really gets me is why should the state make it easier for that therapy to change for financial reasons for the health plans rather than clinical reasons for the patient? Because this is about financial, especially if we're not requiring you to actually pass that on. We know that you're going to report the data, but we don't know that it's actually going to benefit the patient anyway, and we're allowing you to change and putting the burden on the doctor. It's now the doctor that's going to have to write do not substitute, and it's just another form that the doctor is going to have to fill out to make certain that the health plans are allowed to realize these cost savings that we're not sure whether or not will actually be passed on.
so biosimilars are very um uh well they're defined in both federal and state law i don't know if dr byring you had any you know comment to that effect on what we're talking about i mean biosimilars basically have to be or in essence have to be the same i mean as as the as the biologic so i'm not exactly sure um you know uh how to respond to that other than that so i'll i'll defer to
the doctor on this. I'll just answer. So I completely understand your concern about ensuring that the cost is passed on to the patients. It is very challenging to ensure that all of the costs go to each individual patient, but what we're looking at is the healthcare system overall. And that is one of the reasons why we have that report, because let's just say that with all of the bills and all of the things that we add, someone's health insurance premium would have gone up by $100. But because we have implemented this bill, it has now reduced that premium from going up $100 to $10. We would see that information in the report. Now as far as patients being stable on a medication that would be up to the provider If the provider feels like this patient should not be switched they can give that designation I don't have that designation really right now.
I have no clue when something I prescribe is going to be switched without my permission. I just write a prescription and then somebody comes to me and says, oh, I have an issue with this medication. And I look and I'm like, this is not what I prescribe. but because laws allow for brand names to be switched to generics without providers having the ability to say anything, then yes, you do have one or two patients depending on the drug or whatever that has a different type of side effect. We don't give, unfortunately, that right to doctors or patients up front for anything else. Now, like I said at the beginning or during my talk, this is actually implementing a process of notification that we don't have for any other medications that we're prescribing this time. Brand name, generic, or interchangeable. So I understand the concern about a patient being stable and why would we not allow for the patients to be able to say, I want to stay on this drug. I believe Nick kind of answered that, that they can say that with the work of the pharmacist, but also the providers very early on can say, I want this patient to stay on this medication and not be switched over, which we do not give providers the opportunity to do for any other class of medication at this time. Thank you.
I'll just end by saying the health care system, as you say, is obviously very complicated, very opaque. And for me, you know, I want to be there with the senator on this because I think the intention is there to make sure that we are lowering health care premiums for patients, while at the same time there's not a lot of trust I have to make sure that that is actually going to get done. Data reporting is not requiring the health plans, and I just fear that years down the line we'll have realized that this didn't do really what we thought it would do. And I just think that with record profits and no assurance that this is actually going to be passed on to the patients, I'm happy to support the bill today in hopes that when I see it again, there will be language that would require you to actually pass those savings on to the patient. Thank you.
Assembly Member Addis.
Thank you so much. would save somewhere between $1 and $6. Is that just to, I'm just trying to clarify who's saving
what? Yeah. For, yeah, on average, if you spread it out, but, um, the trip analysis, sorry, just the majority of people. So the Medi-Cal, the CalPERS, the individual, the small group, the large group, if you have those plans and you don't use this medication, you potentially save between one and six dollars so right for someone like that and i think many people on the dais may be one of those people i don know everyone uh insurance or health and health situation but what would we see what would we see in terms of saving that one to six dollars if this I mean that would that would that would be a part of the rate review process so when plans plans need to go through regulatory process for premiums and rates and their actuaries submit information to the Department of Managed Health Care about their costs and the Department of manage health care has the ability to stamp a rate as unreasonable if their actuaries disagree with the plant actuaries. So that would be a part of the whole data collection and review process at the DMHC. And again, I think the reporting requirement in this bill shines even greater focus on that and will probably be valuable to that process. But I mean, when I get my insurance
bill it sounds to me like it won't be one to six dollars less if i don't have this medication or it won't be 92 to 310 dollars less yeah if i do take this medication that was like will it actually be a line item in your bill actually when i pay my bills am i actually gonna have say i do take the medication, am I going to have $92 to $310 more to spend each year because I'm no longer paying that for insurance? Yeah, I mean, that's an estimate by the California Health Benefits
Review Program. So if you are switched, but you can only be switched if it's a lower cost drug, and that will likely, perhaps not 100% of the time, will result in a lower out-of-pocket cost for you. So you will see it at the pharmacy counter. So not in the insurance premiums when you go to the yeah i mean there's so many factors that go into your premium um unfortunately you know this bill i'll be honest this bill in and of itself while it offsets premium growth it's not going to lower premiums because there are so many headwinds with respect to affordability and costs including you know the recent tax that was signed by the governor yesterday um you've got and you know we stated it in our our uh testimony a massive increase in the cost of drugs in drug spending over the last several years. Hospital costs are going up. All those things factor into your premium. So I'll just leave it at that.
Are you going to see it in your actual bill?
It's part of the overall development of the rates. Okay, so it won't lower premiums.
Okay, so we've established this bill is not going to lower premiums.
Well, I wouldn't necessarily say it won't lower premiums. it may not allow for premiums to go up as much as they would without it.
And I had already kind of alluded to that.
That's correct. Especially with all of the items that were just mentioned.
When you look at, and that's why the report is so important, which I have also stated before, when you look at the report, if it states, because of everything that we've done or what has happened or because of the cost of medications,
your premiums would have gone up by $100. But because of biosimilars and maybe some other things, it's only going up $20. You can see that that's a change. Now your premiums are still going up, but they're not going up as much as they would had something like this not been in place. That's number one. Number two, I think the other thing that I was mentioning is that for individuals who who are on these medications, their out-of-pocket expense will go down because they cannot be switched to anything that would make it go up. So it has to be either the same or lower. So that's why he was stating that for some people who are paying out-of-pocket right now, they go in what they've seen in other states or for other entities that have already established something like this is that people now have like a zero out-of-pocket expense. And so that is a real savings for that particular patient who's used to paying a significant amount of money out of pocket for these medications. And they'll see that. Thank you, Senator,
maybe through the chair. They'll see that where? At the pharmacy counter?
With the pharmacy.
Okay. I'll just say I'm going to support the bill to help it continue moving through the process. My concerns have not changed from when we saw this in the last committee. And I think my colleague from San Francisco expressed it very well. I still remain incredibly concerned about how we talk about health care savings, that actual everyday people don't see those savings. We talk about system savings, the plans are savings, but I have massive concerns that regular everyday people, that doesn't get to them. I have absolute respect for you. I don't think that's your intention.
I appreciate the report, those pieces, but if we're talking about changing care for people,
It doesn't make sense to me that they wouldn't, that everything else would just stay the same for them, right? The premiums stay the same, that all these other pieces would stay the same, even if care is changing.
Well, I will say that the senator just responded that one thing that would be changing are the out-of-pocket costs. And I think that that's an important thing for us to focus on.
I think from the discussion, what I am hearing is an overall frustration with the ability to have either health care savings or, quite frankly, health care and increase to health care premiums. Not for us not to be able to get a full handle around whether one any one particular transaction in our health care system, the one that we're reviewing right now, has an impact on health care premiums. That's, I think, to be honest, a problem that is larger than this particular bill. And I think the frustration that we are all feeling, certainly expressed by our assembly members on this day, is that we don't have the ability to understand what kinds of costs, if any, savings will actually go back to the person who is being insured, the patient. And I think you hear in the support, the proponents' testimony and responses to these questions, the complexity of us actually being able to do that, which, quite frankly, I think speaks to why I was supportive of SB 1037. So I want to thank the senator for making sure, which talked about rate reviews. I want to thank the senator for bringing forth this bill. I think Assemblymember Patterson had a question as well, comment.
Yeah, thank you for that. Yeah, a couple items. I just – it is a complicated system. I think if you look at – what I do know is, according to the TRIBURP analysis, without this bill, premiums are going to go up between $1 and $6. Is that correct?
That's correct.
or at minimum, we won't save the one to $6, but it gets so complicated. I have this colon cancer bill that we have had opportunity to talk about every year and it could be maybe this blood test is cheaper to use than maybe a colonoscopy but maybe it increases access More people get a screening as a result, so healthcare costs actually go up. Does that mean we turn it down? It's just so complicated to look at it like that. But what I do know because of the CHIP-RUP analysis, which we use every single piece of legislation, is that there's an impact with this bill of helping people $1 to $6. Now, as you said, there are a lot of headwinds potentially that will increase health care costs, and so they don't actually come down. But there's systemic issues in the health care system that I think everybody is concerned about up here. But I do have some questions about the opposition, Mr. Madden, or soft opposition or figuring out how to get to neutral position. You had mentioned something about biosimilars potentially causing – like you'll be resistant now to that biosimilar, and as a result, all those classes, right, all the interchangeables and everything.
So is that like – is there any evidence that the biosimilar would cause that more than the biologic?
Or is that – so you understand what I'm saying? Is the biosimilar an issue in this case where it's more likely to cause people to be immune from receiving the benefits of that drug than the biologic?
So I'll do my best to give you an answer from a contract lobbyist slash pertaining to a physician. Hey, I'm a politician up here. I don't understand zero this. We'll be talking the same language. And I'll use an example to kind of exhibit what the concern that I'm hearing from the rheumatologist is. And I would start with is that we would disagree. I know there's been a lot of discussion that there is no difference from an efficacy standpoint between biosimilars and the brand name biologic. the experience of the rheumatologist that I share is that there are differences patients who have these autoimmune conditions each patient is unique in terms of what medications might work for them so that's just been our experience and I know it may not be consistent with what's being described from the proponents but the example I wanted to share was a physician had a patient that was stable on Humira and they've been stable on Humira for a couple of three years and they said okay let's have you back in four months for our normal checkup the patient left subsequent to that when their medications was coming from the pharmacy they had been switched to a biosimilar and this was in month number one the next month they were switched to a different biosimilar so that's biosimilar number two and then the next month they were switched to a third biosimilar so that's and then as a result of that they came back after four months and they had had an adverse reaction. And when they sat down with the physician, she was kind of lost because she's like, well, we had you on Humira. What happened? And the patient explained this process of being switched three times. And as the physician explained it to me, she was saying the two problems are is that one, she has no idea which of the three biosimilars caused the reaction. But more importantly, to try and answer your question, is that she was saying that in this process and taking different biosimilars, that your body actually builds up those antibodies against all of them. So what she said was, she goes, Tim, I don't even know if I can get them back onto Humira because they have taken these other biosimilars that has now given their body the opportunity to kind of figure it out to then get to a place where Humira doesn even work for them So that the concern that I was trying to express but I pause there and see if I can
No, that's great. That's a great illustration. And so your concern really relies upon that kind of example, right? Not so much because the physician can write, you know, do not substitute on there, right? And then that will be some kind of education, I'm sure, to the providers. But I guess what I – so they've addressed a big portion of your bill, correct – or your concerns, right, with the do not substitute?
Tightening that up does address – and I'll be a little bit loose on my answer. The dermatologists were really focusing on the do not substitute aspect, so I would agree that that's gotten a lot tighter, and it does help our folks as well. In the multi-switch examples, I will point out that if you do mark do not substitute, that's kind of a – it's either yes or no. So for Humira, there are 10 different biosimilars. Eight are interchangeable, two are not. So if you mark do not substitute, the physician is saying you can't switch to any of those 10. So a physician might be okay for a switch to occur between one or two of those. So they may not mark that do not substitute box.
So that's kind of a scenario that we see. You're right. They could mark do not substitute. That would avoid this multi-switching situation. But for some patients, our folks might be open to that switch occurring. Yeah. Well, you know, I supported this bill last week and intend to support it today as well. You know, that is an interesting dynamic there that I think, you know, maybe we can have it addressed or not. But that said, you know, and I know in this particular practice, you know, actually, if you're blessed enough to have a friend who's a doctor, you know, they get to hear all your problems like a therapist or something. And so my friend was saying, hey, look, Joe, you got to you have an autoimmune. It'll take you forever to figure out what it is, you know, and so, you know, throw that one out the door for now. Right. So I know it's a very hard thing to get to the point where, you know, you know, especially what you're going to prescribe. Right. So I understand the concerns around that. And and I'm glad that you expressed it in a way that I can understand it. And I'm sure. Dr. Weber Pearson is taking note of that, but I like the amendments that that have been taken even since last week. And I think this is a good really a small step, you know, in addressing affordability crisis. But also if there's in most cases that aren't quite as complicated as that, you know, I think this is going to be a benefit to the system. And OK, sure. Yeah. Yeah. And I just want to also mention in the center might be getting teed up to say this as well, because this has been one of the things that we've talked about quite a bit, is that I do think the language in the health and safety code, the amendments, there is a possibility that that would not be allowed. So that's that's part of the conversation that we agreed to just continue to talk through. So I think it's less clear on the B&P code side in terms of the pharmacist. But nonetheless, we've been having very open conversations about this. Well, I appreciate both your approach on this, being able to work together to come out with a better product. And obviously, if you comment at your closing or whatnot, but I appreciate your work on this and looking forward to supporting it today. I think you raising a very important concern Assemblymember Patterson and my understanding is that the changes that we would seek are actually in the BMP code
So we are going to have a challenge presented to the senator for figuring out how we might be able to do that, given that that was already heard in BMP. But, Senator, did you want to make a comment on this?
So I want to just clarify that what the opposition is referring to as far as the switching, that is with interchangeable biosimilars, not with biosimilars. And I've already stated that interchangeable biosimilars have a very different regulatory pattern. It is not addressed in this bill. We are continuing conversations to ensure that when we're talking about biosimilars, which cannot do this, that we are making sure that there wouldn't be switch. But right now, we're talking about a switch from the reference product to one biosimilar, not from a biosimilar to another biosimilar. So the situation that his client or the physician that he works with is referring to is the fact that interchangeable biosimilars have been changed or switched multiple times. But that has nothing to do with this bill or biosimilars.
I think what I heard however is that we would be okay because there would be an ability to change amongst eight different interchangeable biosimilars but then because it's either a yes or no question you wouldn't have the ability to do that did you want to say a little bit more?
I think you have it but I just want to point out that the bill does expand the ability to switch to biosimilars that are not interchangeable. So it actually increases our concern because we're talking about biosimilars, and we believe the interchangeable status has value and it means something. So these other two biosimilars in the Humira family have not been tested to be interchangeable with Humira.
Okay. Well, I think on this one, the senator will continue to try to move to kind of nail this one down so that there is concern it's an opposed unless amended. I think the senator is very well aware of the specific concern in that, and we will look forward to seeing any changes about that, as should this bill move out of committee. I'm going to have Assemblymember Patel perhaps offer the last question or comment on this.
I have several. Okay, Mike. such the jokes to you uh thank you madam chair for allowing me a second bite at this apple so with this concern that's brought forward um i'm wondering whether but it sounds like maybe this is something that would have need to have been done in bmp i think that there are always opportunities to amend legislation and this is something i think that the senator is willing to make sure it gets addressed as we will continue to look into this as um we've been having
conversations with Mr. Madden. However, like I said, the current issue deals with interchangeable biosimilars, which is not addressed in this bill. That issue could be addressed in another bill in the future, whether or not you allow for interchangeables to be switched from one to one. But in this bill, it talks about allowing the reference biologic process to be switched for a biosimilar. It is not talking about a biosimilar being switched to another biosimilar.
Thank you for that. And I look forward to seeing how it lands finally when it comes back to the floor. But this raises some very interesting things to think about going forward. Thank you. Thank you.
See. No other comments. Senator, would you like to close?
Yes. Really want to thank the chair and this committee for all of the amendments and this very lengthy discussion that we've had today over this extremely important bill. And maybe we should rephrase how we talk about the cost around this bill. Instead of focusing on the savings of costs, recognize that this is not going to be a driver of increased health care costs. The vast majority of bills or a lot of the bills that we pass in this space are actually adding cost. Whether it's a good thing or not, every test, every extra coverage that we do is adding cost. This is not a driver that increases health care cost. And that is extremely important when we talk about the issue of affordability. It allows for physicians to still determine which medications their patients will be on at the same time finally doing something within our health care system that will not drive cost up. And for that reason, respectfully ask for your aye vote on SB 1094. Thank you.
All right. We would need a motion. Thank you.
Patterson, Sanchez, Secretary, please call the roll. The motion is due pass as amended to the Appropriations Committee.
Bonta? Aye. Bonta, aye.
Sanchez?
Aye.
Sanchez, aye.
Addis?
Aye.
Addis, aye.
Aguirre-Curri, Ahrens, Coloza, Carrillo, Jeff Gonzalez, Mark Gonzalez, Johnson.
Aye.
Johnson, aye.
Patel?
Aye.
Patel, aye.
Patterson?
Patterson, aye.
Rodriguez?
Chiavo? Sharp Collins. Stephanie. Stephanie, aye. That measure's on call. Thank you, Senator. Thank you for that robust conversation. We are going to move on to your last item for the day, item number 11, SB 1199 by Weber Pearson regarding prescription drug cost sharing. Okay. Thank you, Madam Chair, and I want to thank you guys so much for putting five of my bills on the same committee. But my final bill is SB 1199, which would ban the use of copay accumulators in California, joining 20 other states and banning these. I will be accepting the committee amendments today. Copay accumulators are a harmful practice increasingly used by health insurers that can leave patients with significant out-of-pocket costs. Copay accumulators allow insurers and pharmacy benefit managers to pocket patient assistance intended to help patients meet their share of cost instead of counting those payments toward the enrollee's annual out-of-pocket limit. For individuals living with chronic or terminal illnesses, out-of-pocket costs can quickly add up when having to pay the health plan's maximum year after year, making it difficult to afford essential medications and treatment. This is especially true for patients diagnosed with conditions that require specialty medications to manage their condition. Over the past decade, insurers have increasingly shifted the cost-sharing of specialty medications to patients by increasing deductibles and charging coinsurance for specialty medications, which allow California-regulated plans to avoid California's $250 monthly copay cap for prescription drugs. As a result many patients must rely on financial assistance from third parties to afford their vital medications even though they have health care coverage However insurance are increasingly undermining this assistance by not counting the amount of money covered by manufactured or charity copay assistance programs towards enrollees' annual deductibles and out-of-pocket limit. Instead, the copay assistance funds are accepted by health plans or PBMs, but not counted toward the patient's cost-sharing obligation. Banning co-pay accumulators can also help avoid situations in which individuals may forego necessary treatments due to cost concerns. By helping patients maintain adherence to their medications, this legislation can lead to better health outcomes for patients and lower long-term costs to our health care system by reducing costly emergency room visits and hospitalizations. Additionally, these co-pay assistance programs help address health inequities by making necessary medications available to underinsured and under-resourced patients who otherwise would have to choose between food and medicine. It is imperative that we take action to ensure that all patients have access to the care they need without facing financial obstacles. To date, 20 states, both red and blue, have banned their use, and I would like to add California to that list. Thank you and would respectfully ask for an aye vote at the appropriate time. With me in support is Miguel Mercedes, representing the bill's sponsor, the Department of Insurance, and Nisha Trevede. Thank you. Thank you. You'll each have two minutes. Please go ahead and press your button. Thank you. Good afternoon. My name is Nisha Trevede, and I live in South San Francisco. I was born with the rare genetic skin disorder, epidermolysis bullosa, or EB. Because a critical protein that binds the layers of skin together is missing, my skin is very fragile. I get blisters and wounds very easily, so I have to be extremely careful about my daily activity and choice of, say, clothing or shoes. In addition to EB, I also have eczema. As you might imagine, the combination of the two conditions is hugely problematic. Fortunately, for the last five years, I've been on a medication called Dupixent, a twice-monthly injectable, and it has helped immensely with itch. The drug costs thousands of dollars per month. Thankfully, I get a copay assistant card from the manufacturer, so I don't need to pay this out-of-pocket. However, my insurance plan this year, like others in California, does not count that copay assistance towards my deductible or my out-of-pocket max. Last year, this wasn't the case for me. But when my husband's employer switched plans in January, we discovered that the new plan has a copay accumulator program. As a result, our out-of-pocket costs for 2026 are nearly $3,000 higher versus 2025. Meanwhile, the insurance company gets to double dip. Please note, I already pay out of pocket for the specialized bandages that I need for EB-related wounds. Those supplies have never been covered and probably never will be covered by insurance. SB 1199 will require that health plans count the value of copay assistance towards cost-sharing requirements. This would bring many chronically ill patients like me financial relief. since Dupixent is undergoing clinical trials for use in all EB patients alongside other therapies, this issue has become more urgent than ever for my community And I should also add that the insurance company argument is that patients should have skin in the game I hope that from what you've heard, you agree that I have quite enough. So I urge you to please support SB 1199. It will protect patients like me from unethical, harmful copay accumulator policies. Thank you for your consideration and for your leadership. Thank you. Good afternoon, Chair and Committee members. My name is Miguel Bastidas with the California Department of Insurance here under the leadership of Assurance Commissioner Ricardo Lara. As a proud co-sponsor of SB 1199, Commissioner Lara would like to thank Senator Weber Pearson for her leadership in authoring this critical patient protection measure. SB 1199 simply fixes an accounting issue. If cost sharing is paid by a consumer or on their behalf by anyone to obtain their medications, it should count towards the maximum out-of-pocket limit, also known as MOOP. Existing federal law requires all cost sharing to count towards the MOOP. This includes payments made by a consumer, but also payments made on their behalf. In California, existing law bans manufacturer assistance on cost sharing for prescription drugs except in specific circumstances. SB 1199 does not change the underlying policy of the state or federal government regarding the use of coupons. Instead, SB 1199 would agonize existing federal requirements related to accounting cost sharing with California's existing public policy related to manufacturer coupons. By merging current state and federal requirements, SB 1199 encourages carriers and PBMs to put lower cost generics on their formularies, which in turn helps steer patients away from higher cost brand name drugs and discourages their overuse. At the same time, SB 1199 ensures that patients are able to have their cost-sharing count towards their MOOP when legal in California. As one of the regulators of the private health insurance market in California, it is critical that the department has the tools to enforce both state and federal law. SB 1199 simply codifies what is already good federal law. On behalf of Insurance Commissioner Ricardo Lara, I respectfully ask for your aye vote. And also with me today is Stesha Hodges, Assistant Chief Counsel with our Health Care Equity and Access Office. Thank you. Thank you. Are there others in the hearing room who would like to register support for this measure? Please come forward. Hi, Natalie Peeta on behalf of the California Academy of Family Physicians in support. Kasha Hunt with Political Solutions on behalf of the California Children's Specialty Care Coalition in support. Tim Haddon representing the California Rheumatology Alliance, the California Chapter of Earth, Mary and College of Emergency Physicians, and the California Chapter of the American College of Cardiology, all in support. Shel Johnston with the National Multiple Sclerosis Society, in support. Kevin Guzman with the California Medical Association, in support. Christine Falibel, American Diabetes Association, in support. Hi, I'm Ashley Kinst, and I'm here today in support. I'm Lynn Kinst. I am here representing the Bleeding Disorders Council of California and the California Rare Disease Access Coalition in strong support. Cher Gonzalez on behalf of my clients, the Association of Northern California Oncologists and the Medical Oncology Association of Southern California in support. Sandra Poole on behalf of Western Center on Law and Poverty in support. Ryan Spencer on behalf of the Crohn's and Colitis Foundation in support. Bill Roby on behalf of the National Bleeding Disorders Foundation in support Michelle Rivas on behalf of the California Pharmacists Association in support but the current version of the bill will review in the amendments. Thank you. Thank you. We will move now to primary witnesses in opposition. Thank you. You'll each have two minutes. Thank you, Madam Chair and members. Stephanie Watkins on behalf of the Association of California Life and Health Insurance Companies. I'd like to thank the chair for her thoughtful engagement on this issue, as well as the author and the sponsor. We had many very productive conversations early on as well, as well with CDI. Unfortunately, we are here today in opposition. While we certainly share the goal of making prescription drugs more affordable, we have serious concerns about codifying the existing federal rule related to copay accumulators. This would require health plans and insurers to count manufacturer copay coupons and other third-party payments towards members deductible and annual out-of-pocket maximum. Currently, pharmaceutical companies often offer coupons to privately insured patients to provide discounts on brand-name drugs, even when lower-cost generic alternatives are available, while these coupons often lower eliminate the patient's co-pays in the short term and the long term they could lead to uncertainty about a patient's out-of-pocket costs from month to month, since pharmaceutical companies can change the coupon programs and patient eligibility rules for those programs at any time. We're further concerned that these coupons enable drug manufacturers to maintain high list prices and drive up the cost for all patients through higher insurance premiums. Drug companies often keep their drug prices high by setting their own list price, and they're offering copay coupons to help some patients afford those high prices. At this time, given the potential cost impact as noted in the CHIPRF analysis, we think it warrants a legislature slowing down the process in order to give us time to evaluate the overall impact. To that end, our position is underscored by the recent bipartisan effort to ask the GAO GAO to assess whether manufacture copay coupons steer patients toward higher cost brand name drugs and away from lower cost generics. For those reasons, we remain opposed to the bill. We do certainly look forward to continuing conversations at the forefront. Affordability to all patients and consumers is a top priority to our members. Thank you. Madam Chair, members, John Winger here on behalf of America's health insurance plans, National Trade Association for the Health Plans. also currently opposed to SB 1199, but appreciate the work on the committee amendments, and we'll be taking that back to our members. But I think from a broad perspective, AHIP always believes that copay coupons should not be used by manufacturers to manipulate the system and drive up drug prices. And so we believe the amendments move us closer to achieving that policy position. we would remain eager and willing to work with the author and the committee on continued amendments to ensure that patients are further protected from high drug prices. So we are opposed today, but look forward to continuing those conversations on some of the other amendment ideas. Thank you. Are there others in the hearing room who would like to register opposition? Please come forward. Good evening. Faith Borges on behalf of California agents and health insurance professionals and the California Association of Joint Powers Authorities, respectfully opposed for the premiums concerns outlined, but very much looking forward to reviewing the bill in print or, as proposed to be amended. Allison Ramey, on behalf of the Pharmaceutical Care Management Association, we also had an opposed and less amended position, but look forward to reviewing the amendments and appreciate the chair, staff, and author. Thank you. Cassidy Heckman, on behalf of the California Association of Health Plans in Opposition. Thank you. I will now bring it back to committee for any comments or questions. Seeing none. Oh, sorry. Assemblymember Patel. Yes. Thank you for bringing this forward. I have a couple questions. I just wanted to check in on whether the pharmacies, when the patient goes to pick up their prescription and they come with their coupon, does the pharmacy have to report this to the health plan to make sure that the patient gets credit for it? Okay. Not currently, but I believe that is one of the amendments being proposed. Okay. I'm just trying to make sure that if there's a situation in which the plan and the prescription provider is the same, that that message does still get delivered so that the patient is the beneficiary of that credit. Sorry, I don't quite understand your question. Sorry. Sorry. As I'm trying to – it is my understanding that you've got some amendments you're working through currently. Yeah. And my train of questions or concerns is more around making sure that the patient is the recipient of that benefit. Yeah. And it counts towards their co-pay offset. Yeah. Yeah. Okay. If I could add, yeah, that is the intent of the bill is for the patient to get the credit that is due to them. And we heard from the plans that there is sometimes not a communication between the pharmacy and the plan that doesn't get communicated. So there's an accounting issue there. So we are taking amendments to try to address that concern. Okay, because we want to make sure that I guess there are many other states that are able to do this. So we want to make sure that California is aligned with the progress that other states are doing. Thank you. I do think that some of the amendments that the senator has taken through this committee help to address that concern and make sure that that happens. And I understand that there are still concerns from the plans on this. I know that the senator will continue to try to address some of those as this bill moves forward should it get out of this committee at this point. I'm thankful that you've brought forward this bill. I think you have shown a package of bills this particular hearing and certainly throughout this legislative cycle that focus on trying to ensure that the out-of-pocket expenses for individuals needing care are lower than what they should be. A lot of this is around prescription drug usage, and we know that one of the main cost drivers to our overall health care system is around prescriptions and the distribution of those. So I want to thank you for bringing forward this piece of legislation. Senator, would you like to close? Thank you so very much to you, Chair, and this committee. You know, this bill just merely builds on existing state public policy and codifies federal requirements into state law. As we sit around and we talk about affordability, these co-pay accumulators are extremely important because many of these patients are those who have paid a significant amount of money have conditions where their prescriptions cost a significant amount of money and any assistance that they get should be able to go to their overall out expense to help them and their families alleviate the cost of increasing health care pressures. And with that, respectfully ask for an aye vote on SB 1199. We need a motion by Patel and seconded by Addis. Secretary, please call the roll. The motion is due pass as amended to the Appropriations Committee. Bonta? Aye. Bonta, aye. Sanchez? Addis? Aye. Addis, aye. Aguirre-Curri, Ahrens, Coloza, Carrillo, Jeff Gonzalez, Mark Gonzalez, Johnson, Patel? Aye. Patel, aye. Patterson? Rodriguez? Chiavo? Sharp-Collins? Stephanie? Stephanie, aye. that measure is on call to the senators who are waiting to have their bills heard the dr weber pearson binge watch is over thank you so much senator for your leadership and we are going to move on now to any other pieces of legislation that want to be reviewed we have SB 526 by Perez, SB 1016 by Blake Sphere, SB 1244 by Allen, and SB 1271 by Reyes. We can vote on the consent calendar now while we are waiting. Motion by Patel, seconded by Addis. Please call the roll. on consent Bonta I Bonta I Sanchez Addis Addis I Aguirre curry Aarons Coloza Carrillo Jeff Gonzales Mark Gonzales Johnson Patel Patel I Patterson Patterson I Rodriguez Chiavo Sharp Collins Stephanie Stephanie I that measures on call the consent is that calendar is on call we will now move on to item number three SB 526 by Perez We'll just hold. We'll hold for a minute. Actually, We are actually going to not do that measure right now. We're going to move to item number 8, SB 1016 by Blake Spear. Thank you Senator whenever you ready Okay good afternoon and early evening chair and committee members and staff Nice to see you all. I'd like to begin by accepting the committee amendments and say thank you for working with me on this bill. SB 1016 bridges a gap in the care court system that leaves those with the most serious mental illness untreated. CareCourt was created to connect individuals with serious mental illness to treatment and housing plans, particularly individuals with untreated schizophrenia spectrum and other psychotic disorders. However, early implementation data has shown that the system is not reaching everyone. The Newsom administration originally estimated that between 7,000 and 12,000 people would qualify for CareCourt. But after a year of full implementation throughout the state, as of January 2026, California courts had only received 3,800 care court petitions. Of those, judges approved only 893 treatment plans, meaning 77% of those petitions did not receive care through care court. And that means under 1,000 treatment plans statewide were authorized. When care court is not sufficient and the person is not in imminent danger, there is no clear or reliable pathway to escalate care. While existing law does allow for higher levels of intervention for those who are gravely disabled, in practice, that pathway is difficult to access through the 5150 process alone. An infrequently used option, Section 5200 of the Welfare in Institutions Code, allows courts to order a comprehensive mental health evaluation for individuals who are gravely disabled or a danger to themselves or others. This process requires counties to order a pre-petition screening, which confirms probable cause for higher treatment and checks whether the individual would accept help voluntarily. Most counties in California currently do not have the processes in place to carry out the pre-petition screening. As a result, individuals are frequently dismissed with no assistance and routed through 5150 holds where assessments are limited to short-term crisis decisions rather than comprehensive evaluation and care planning. SB 1016 helps make sure that people are not simply dismissed from care court because they need more intensive mental health care. Following a dismissal, SB 1016 would require the county to tell the court whether the person likely needs a higher level of care than care court can provide. If they do, the county must explain what type of care would be more appropriate and how the person can be connected. If the court is preparing to dismiss the case because the individual is too severe for care, SP 1016 ensures the court orders the county to begin the Section 5200 pre-petition screening process before the case is fully closed. This will prevent individuals who may benefit from additional care from being dismissed with no connection to treatment. To be clear, a court can only order the pre-petition process when there is probable cause to believe the person is gravely disabled. SB 1016 strengthens care court by making it a part of a true continuum of care and not a dead end. With me today in support, I have Dr. Erin Meyer, a professor of psychiatry at the University of California, San Diego, and Elizabeth Hopper, a mother, 14-year advocate with NAMI Sacramento, Chair of Family Advocates of Individuals with Serious Mental Illness and a CARE Act Petitioner. Thank you so much. You'll each have two minutes. Afternoon, Chair Bonta, members of the committee. Aaron Meyer, Associate Clinical Professor of Psychiatry at University of California, San Diego, speaking on behalf of the California State Association of Psychiatrists, crowd sponsor of Senate Bill 1016. CARE COURT WAS DESIGNED TO INTERVENE BEFORE SOMEONE BECOMES GRAVELY DISABLED IT ALREADY APPLIES TO INDIVIDUALS EXPERIENCING SUBSTANTIAL DETERIORATION OR WHO NEED SERVICES TO PREVENT DETERIORS to intervene before someone becomes gravely disabled It already applies to individuals experiencing substantial deterioration or who need services to prevent deterioration likely to result in grave disability or serious harm. This bill addresses a critical gap for individuals who are too ill to engage in care and may require a higher level of care. When these individuals are too ill to engage, dismissal can delay the care they need. One parent told us, Only after arrest, incarceration, and enormous expense did our son reach the residential treatment he had needed for years. Care court data shows that this is not an isolated problem. In January 2026, L.A. County reported 72 petitions were dismissed because the individual required a higher level of care. In February 2026, San Diego County reported 77 petitions were dismissed because the individual was unable or unwilling to engage. As a psychiatrist, I know that a brief crisis evaluation often cannot determine whether someone who is unable to engage in care requires a higher level of care. This bill authorizes a pre-petition screening by the County Behavioral Health Agency and allows the court to keep the care case open while that assessment occurs. When care court identifies someone who is substantially deteriorating and unable to engage, dismissal should not end the conversation. It should be an opportunity to connect the person to the level of care they need. I respectfully ask for your aye vote. Thank you. You'll have two minutes. Thank you, Chair Bonta and committee members, for this opportunity to tell my family experience in support of SB 1016. My name is Elizabeth Kino-Hopper, and I live in Carmichael. Both Sacramento County Correctional Health and our family filed CARE Act petitions for my daughter in June 2025. Prior to these petitions, she was incarcerated over 18 months in a state hospital. While she said she wanted housing upon release, her illness made her too unable to accept any of the reentry services offered, including family offers. She was released to the streets of Sacramento. She refused to engage voluntarily with the CARE Act services. She presented well at the September hearing, but no services were put in place, and within weeks, she was in deep psychosis, deteriorating with no secure housing or food, and was physically abused. She did not fail CARE Court. CARE Court failed to recognize her needs. It has been a year of added suffering on the streets, from streets to emergency departments to short psychiatric stays back to the streets. But now she is receiving treatment and services. During this time of care, she needed an appendectomy. She could not give informed consent. She was too gravely disabled. Family was called, consented, she lived. If she had been on the street, she may not have survived that event. Many of you may have seen her on the capital state grounds or at Starbucks at 10th and L during her street survival months. She was too gravely disabled to volunteer for treatments and services, but she could ask for handouts from family outreach workers and those passing by. Civil rights organizations say she was exercising her civil rights by wandering the streets. But this is not honoring her civil rights. This is an unwillingness to prioritize her medical rights. I do still support CARE Act as a voluntary program. We've invested too much. We've met the respondent where they are, but we have not yet done what we have have not yet done is face the fact that some care respondents are too gravely disabled to engage and they deserve a civil, not a criminal pathway to psychiatric medical care. I ask for your support. Thank you. Thank you. Any others in the hearing room who would like to offer support, please come forward. Danny Offer with the National Alliance on Mental Illness, also known as NAMI California, in strong support of the bill. Thank you. Angela Hill with the California Medical Association, in support. Ross Buckley on behalf of the City of Sacramento, also on behalf of my colleague Mara Topp on behalf of San Diego Mayor Todd Gore, and on behalf of the City of Riverside. Hello, Kendra Begley on behalf of the City of Bakersfield, in support. Allison Monroe, Alameda County Families Advocating for the Seriously Mentally Ill in support. Marianne Bernard, member of NAMI, member of Sacramento Family Advocates for Individuals with Severe Mental Illness, former lawyer to state mental hospitals, in strong support. Ann Donnelly, my son was seriously mentally ill and he passed away. He was in a full-service partnership, but he couldn't and didn't get the help he needed. I fully support this bill. Thank you. Diana Burdick, mother of a son who was dismissed on care court, and I support this bill. Thank you. Are there any primary witnesses in opposition to this measure? Please come forward. Thank you. Go ahead. You'll have two minutes. Thank you, Chair and members, for the opportunity to speak to you today. My name is Amr Rashid, Director of Legislative Affairs for the County Behavior Health Directors Association of California, the leaders of the public behavior health agencies that serve the the mental health and substance use disorder needs of California's Medi-Cal uninsured and underinsured populations. CBHJ would like to thank the chair and staff for the proposed amendments and the analysis, which significantly reduce our concerns with the bill by ensuring the court's referral to an involuntary evaluation is permissive and tied to the existing law, which retains the county's pre-partition screening process, both of which is very helpful. However, CBHJ remains respectfully opposed to SB 1016, Given that courts may have insufficient evidence to order an involuntary evaluation, which under current law would involve having the county coordinate with law enforcement to involuntarily detain and transport an individual solely for the purpose of an evaluation based on allegations made by a CARE Act petitioner. Given how new the law is, courts are allowing very different levels of documentation to approve petitions county to county. In some cases, these petitions have scant documentation. And if SB 28 passes and is signed into law this year, it will significantly reduce the criteria for a petition, which in conjunction with the passage and signing of this bill would result in many more referrals to involuntary detention and evaluation. While we very much understand that there is a role for involuntary services, we also understand that when that power is used on individuals for whom it is not warranted people can be unnecessarily traumatized justice involved and ultimately increase the reluctance of individuals to seek out our necessary services Counties can already receive requests under WIC 5200, making this law unnecessary. And it is for these reasons that we respectfully remain in opposition and respectfully request your no vote. Thank you. Any others in the hearing room who would like to offer their opposition to this bill? Sarah Webber with the Drug Policy Alliance in Respectable Opposition. Samuel Jain on behalf of Disability Rights California. Really appreciate the committee and the author's work on this bill. We are opposed to the bill in print and are looking at the amendments. Thank you Madam Chair. Brendan McCarthy with the California State Association of Counties. We're in opposition but we'll be reviewing the amendments. Thank you. Sarah Duquette, on behalf of the rural county representatives of California and the urban counties of California, posted the bill in print looking at the amendments. Thank you. Thank you. Bringing it back to committee for any comments or questions. Assemblymember Addis. Thank you, Senator. I want to just, excuse me, I just want to say thank you to you for bringing this bill forward and to the witnesses for telling your stories. I know that this is an issue I hear about quite a bit, and it's always from family members. And mostly it's from moms who have come to our office just simply desperate for help. They've done everything they can to work through the system. They've tried at every turn. We hear from siblings. We hear from aunts and uncles. But we mostly hear from moms who are just desperate to have their children helped. And while California has made some progress and care courts have certainly made some progress, there's for sure a gap in what's happening. And I think many legislators have started to try to do work on this. We've seen a number of efforts on this. I think we're going to continue to see more efforts because that's what we need. I know there was a different bill when you brought it to this committee, and I want to appreciate the efforts that you made on the bill that you had before it got here. I think we're landing in an okay place, and certainly I'm going to be happy to move the bill, going to support the bill today, but want to make sure that we continue. because there are folks out there, and we held both a health subcommittee hearing as well as a panel in district on the issue of folks with hard-to-treat mental illness, and the idea that some folks have a symptom called anosognosia where they just simply don't know that they're sick. They just don't know. And so to say to these folks, the only way you can get treatment is by choice, when you simply do not know you're sick is really unfair way that we're treating people. And it's leaving a lot of families in very, very hard places. And it's really harming people in our community that we should be taking care of rather than allowing to go through this kind of trauma and difficulty. So appreciate it. We'd love to come on as a co-author if you're open to co-authors. And thank you for taking your time. And thank you to all the witnesses who spoke today. I want to thank you Senator for working with me and committee to be able to help to resolve one of the major concerns that I have with this bill which is and all that kind of come through which is making sure that we established a care court program and system that actually ensures that it continues to be voluntary and appreciate your also waiting on the additional information that we will receive through the independent research that will be coming shortly and through the annual report that we shall receive that will perhaps create a broader number of individuals for us to be able to understand next steps forward and do so in a balanced way. I just wanted to articulate that there are two additional amendments that were not included in the analysis for the sake of time because we settled on this over the weekend that would permit the court to keep a care petition open while the county conducts its review to determine whether a mental health evaluation is necessary and add some more information about these pre-petition reviews to the data reporting, which I think we're going to absolutely need in order to be able to keep and maintain this balanced approach. With that, Senator, would you like to close?
Yes, thank you. Well, I appreciate the deep engagement on this subject from you and the committee staff. It is very technical, these changes and improvements to the system. But I think what it's important to keep in mind our North Star, which is that we want people to have confidence in the care court system and to have it work for them. And I really appreciate what Assemblymember Addis said about hearing so much from family members and moms, because that's also my experience is that there are so many families that are desperate for the state, the county, somebody to help them. And they're looking and using the pathways that we have, and they are finding that they are dead ends. And so figuring out how we can have our processes work more together, protecting civil rights, of course, as being a core tenant, but also making sure that we are helping people who need help. And so I think the state and the care court system and the counties could do a lot better. And people are currently falling through the cracks. As my witness was talking about her daughter, who we very well could see right here in Sacramento. And we see people, we all come to the Capitol every single week, and we see people who desperately need help. And so creating systems where the help can be accessed with appropriate safeguards is the goal. And this bill does help us move in that direction. So with that, I respectfully ask for your aye vote. Thank you.
We have a motion. We need a second by Sanchez. With that, please call the roll. The motion is due passes amended to the Appropriations Committee. Bonta? Aye. Bonta, aye. Sanchez? Aye. Sanchez, aye. Addis? Aye. Addis, aye. Aguirre-Curri, Ahrens, Coloza, Carrillo, Jeff Gonzalez? Aye. Jeff Gonzalez, aye. Mark Gonzalez, Johnson, Patel? Aye. Patel, aye. Patterson? Rodriguez? Rodriguez, aye. Chiavo, Sharp Collins, Stephanie. That measure's on call. Thank you, Senator. We're going to move on now to item number three, SB 526 by Perez.
Good afternoon Sharon members SB 526 authorizes community health centers with affiliate clinics to utilize the CDPH fast licensing process when opening a new health center relocating an existing one, or changing management. Licensing a new affiliate community health center is a complicated and time-consuming process, even for health centers with good history. To address this problem, legislation passed in 2010 requiring CDPH to develop a clinic-affiliate expedited licensure process to consolidate paperwork and ensure a seamless transition of operations to more quickly process these applications and limit disruption to healthcare access. This expedited licensing process has been critical to expanding healthcare capacity and access. Although this expedited process exists, a discrepancy in the law prohibits community health centers licensed before 2010 when this expedited process was established from utilizing it even if they have served the community for longer than the 16 years the process was established. This issue is highlighted in my district by its effect on Planned Parenthood Pasadena and San Gabriel Valley, which has provided vital health care service for more than 90 years. PPSG plans to open a new flagship health center and headquarters to replace the oldest health center in Pasadena with an improved facility and central administrative office hub. Establishing a new PPSG flagship health center will address growing service demands while also accounting for continued impacts from the Eaton Fire that left the administrative office uninhabitable and forced over 100 employees to use temporary workspaces. spaces. Although all Planned Parenthoods meet every requirement to establish a new flagship health center through the fast-tracked affiliate change of location pathway, it cannot pursue this licensing process because the original health center was established before the creation of the fast-tracked process. SB 526 cuts administrative red tape and ensures that health clinics throughout the state can begin serving more patients faster. To testify in support of the bill and help answer technical questions I'm joined by Angela Pontus from Planned Parenthood Affiliates of California and at the appropriate time I ask for your aye vote. Thanks so much you'll have two minutes. Thank you chair and members Angela
Pontus on behalf of Planned Parenthood Affiliates of California as a co-sponsor of SB 526 along with the California Primary Care Association. As outlined by Senator Perez this bill addresses an issue that our Planned Parenthood affiliate is experiencing in Pasadena. However, if passed, SB 526 will support all seven Planned Parenthood affiliates that operate over 100 health centers. Although the state streamlined the licensing process for affiliate health centers like ours in 2010, the state's interpretation of the law only applies prospectively. Planned Parenthood has been in California for nearly a century. As you can imagine, many health centers have operated in their communities for decades. SB 526 does not create anything new. It's simply grandfathers older affiliate health centers into the existing process. Quickly approving license changes for affiliate clinics saves money, expands access to care, and reduces administrative burdens. We ask for your aye vote. Thank you.
Are there others in the hearing room that would like to offer a position of support?
Hi Chair and members, Craig Schuller on behalf of California Primary Care Association, proud co-sponsors of the bill. Thank you.
Are there any primary witnesses in opposition? Seeing none, are there any in the hearing room who would like to register opposition? Seeing none, I will bring it back to committee. We have a motion by Addis and a second by Patel. Seeing no other comments from committee, I as well do not have any. I want to thank you, Senator, for bringing forward this measure and to always making sure that we have an opportunity to provide additional care, particularly for those seeking reproductive care in this moment when we know that our system is incredibly attenuated because of the federal requirements and mandates that are being passed down from Washington DC. With that, would you like to close?
Oh, respectfully ask for your aye vote. Thank you.
Thank you. We have a motion and a second. Please call the roll. The motion is due pass to Appropriations Committee. Bonta? Aye. Bonta, aye. Sanchez? Sanchez, no. Addis? Aye. Addis, aye. Aguirre-Curri? Ahrens? Coloza? Carrillo? Jeff Gonzalez? Mark Gonzalez? Johnson? Patel? Patel, aye. Patterson? Rodriguez? Rodriguez, aye. Chiavo? Sharp-Collins? Stephanie? That measure's on call. Thank you. Thank you. Thank you. We are waiting on Senators Allen and Reyes in the committee hearing room. Thank you. Once you hit your seat. We will start with the consent calendar for add-ons. On consent, Sanchez. Sanchez, aye. Aguirre-Curri. Aguirre-Curri, aye. Aarons. Aye. Aarons, aye. Coloza. Carrillo. Jeff Gonzalez. Aye. Jeff Gonzalez, aye. Mark Gonzalez. Johnson Rodriguez Rodriguez I on consent Chiavo Chiavo I sharp Collins that is now out we start at the top of the agenda moving to item number one SB 331 We lifting the call on Minjavar bill The motion is due passed to the Appropriations Committee Bonta? Aye. Bonta, aye. Sanchez? Aye. Sanchez, aye. Addis? Aye. Addis, aye. Aguirre-Curri? Aguirre-Curri, aye. Ahrens? Aye. Ahrens, aye. Coloza? Carrillo? Jeff Gonzalez? Aye. Jeff Gonzalez, aye. Mark Gonzalez? Johnson? Patel? Patel, aye. Patterson. Rodriguez. Rodriguez, aye. Chiavo. Chiavo, aye. Sharp Collins. Stephanie. That measure is now out. Item number two, SB 490 by Umberg. We are lifting the call. Sanchez. Aye. Sanchez, aye. Addis. Aye. Addis, aye. Aguiar-Curry. Aye. Aguiar-Curry, aye. Aarons. Aarons, aye. Colosa. Mark Gonzalez. Patterson. Rodriguez. Rodriguez, aye. Sharp Collins. Stephanie. That bill's now out. We'll move on to item number three, SB 526 for add-ons. Oh, sorry, lifting the call. Aguiar Curry. Aguiar Curry, aye. Aarons. Aarons, aye. Coloza, Carrillo, Carrillo, I, Mark Gonzalez, Johnson, Patterson, Chiavo, Chiavo, I, Sharp Collins, Stephanie. That measure is still on call. Item number four, SB608 by Menjavar, lifting the call. Bonta, I, Bonta, I, Sanchez, Sanchez, no, Addis, Addis, I, Aguirre Curry, Aguirre Curry, Aye, Ahrens, Aye, Ahrens, Aye, Colosa, Carrillo, Aye, Carrillo, Aye, Jeff Gonzalez, Jeff Gonzalez, No, Mark Gonzalez, Johnson, Patel, Patel, Aye, Patterson, Rodriguez, Rodriguez, Aye, Chiavo, Chiavo, Aye, Sharp Collins, Stephanie, That measure is still on call. Item number five, SB 869 by Weber Pearson for add-ons. Oh, sorry, lifting the call. Sanchez. Addis. Addis, aye. Coloza. Mark Gonzalez. Patterson. Rodriguez. Item five, SB 869. Rodriguez aye. Sharp Collins That measure is still on call. Item number 6 SB 950 by Weber Pearson. We are lifting the call Sanchez. Aye. Sanchez aye. Addis. Aye. Addis aye. Aguirre-Curray. Aguirre-Curray Aye. Ahrens. Ahrens. Aye. Colosa. Mark Gonzalez. Patterson. Rodriguez. Rodriguez. Aye. Sharp Collins. That measures out. Item number seven, SB 971. We have a motion and a second. The motion is due pass as amended. Bonta. Aye. Bonta. Aye Sanchez Aye Sanchez Aye Addis Aye Addis aye Aguirre Aguirre aye Ahrens Aye Ahrens aye Colosa Carrillo. Aye. Carrillo, aye. Jeff Gonzalez. Aye. Jeff Gonzalez, aye. Mark Gonzalez. Johnson. Patel. Aye. Patel, aye. Patterson. Rodriguez. Aye. Rodriguez, aye. Chiavo. Chiavo, aye. Sharp Collins. Stephanie. Aye. That measures out. Item number 8, SB 1016 by Blake Spear. Lifting the call. Aguiar Curry. Aguiar Curry, aye. Ahrens. Ahrens, aye. Colosa. Carrillo. Carrillo, aye. Mark Gonzalez. Johnson. Patterson. Chiavo. Chiavo, aye. Sharp Collins. Stephanie. that measures now out item number nine sb 1037 by weber pearson lifting the call sanchez sanchez no addis addis i agar curry agar curry i aarons aarons i coloza Mark Gonzalez Rodriguez Rodriguez I Sharp Collins Stephanie That measure is still on call Item number 11 SB 1199 by Weber Pearson Oh sorry Item number 10 SB 1094 10 SB 1094 by Weber Pearson for lifting the call Aguiar Curry. Ahrens. Ahrens, aye. Colosa. Carrillo. Carrillo, aye. Jeff Gonzalez. Jeff Gonzalez, aye. Mark Gonzalez. Rodriguez. Chiavo. Chiavo, aye. Sharp Collins. That measures out. Item number 11, SB 1199. by Weber Pearson lifting the call Sanchez Sanchez not voting Aguirre curry Aguirre curry aye Ahrens Ahrens aye Colosa Carrillo Carrillo aye Jeff Gonzales Jeff Gonzalez, I. Mark Gonzalez, Johnson, Rodriguez, Rodriguez, I. Chiavo, Chiavo, I. Sharp Collins. That bill is now out, and we have done all of the business that we could possibly do and are still waiting on our senators, Alan and Reyes, to hear the last items. Thank you. Thank you Thank you. Thank you. Thank you Thank you. Thank you. All right, we're going to move on to item number 13, SB 1271 by Reyes, regarding midwifery workforce data availability to be a clinical preceptorship i will say senator allen sb 1244 will be heard as the last bill of the committee and we are all in love with senator reyes bill senator please be good whenever you're ready
I thought I had turned it on. This bill strengthens California's midwifery pipeline training by requiring the medical board to collect data on the capacity of licensed midwives to serve as preceptors and train incoming students. We're finding that many of our midwife to-be's are going out of state to get their training. And we need to get the midwives that we have now who are willing, able, and capable to begin as preceptors to train our incoming midwives. Midwives as we all know are perinatal health professionals who provide community-based support services including maternity, newborn, and postpartum care to ensure a positive birth experience. While California has taken steps to improve visibility in this workforce, critical gaps persist in maintaining the training infrastructure that sustains and grows the profession. To become licensed midwives, they must undergo a period of supervised clinical training known as a preceptorship. Midwife preceptors are experienced maternity providers who train mentor and supervise students bridging their academic learning with hands experience This lack of availability of preceptors is severe and limited methods We have limited methods to find them, and it's left our students to navigate a broken system on their own. And as I said, most of them have to go out of state. SB 1271 addresses this desegregated pathway by leveraging the state's current data collection to include questions about eligibility, availability, capacity, practice setting, and the barriers to precepting that qualified midwives are facing. I remain committed to working closely with the medical board and HCI to create a survey that is reflective of our intentions to understand and support the workforce. Here to testify in support are Simona Spiegel, who is a Ph.D. candidate at Notre Dame and a student midwife, and Gabrielle Brown, the program manager of Black Maternal Infant Health at Black Women for Wellness Los Angeles, also here with the Solis Policy Institute. Thanks so much.
You'll each have two minutes.
Good afternoon, chair and committee members. My name is Gabrielle Brown, and I'm the Maternal and Infant Health Program Manager at Black Women for Wellness based in South Los Angeles. I am here today in strong support of SB 1271. California has made meaningful investments to address maternal and infant health disparities, including expanding opportunities for families to receive care from licensed midwives. Yet, we remain at a critical moment. Maternity ward closures, particularly in underserved communities, are reducing access to timely perinatal care, while Black women and birthing people continue to experience disproportionately high rates of pregnancy-related complications and maternal mortality. Improving birth outcomes requires more than expanding coverage. It requires ensuring families have access to high-quality, culturally responsive maternity care. Licensed midwives are a critical part of that solution. Research continues to demonstrate that midwifery care is associated with positive birth outcomes, including lower rates of unnecessary interventions, higher patient satisfaction, and improved maternal and infant health. But we cannot expand access to this model of care if we fail to invest in the workforce that delivers it. Today, student midwives across California are struggling to complete their required clinical training because there are simply not enough qualified preceptors. Without preceptors, students cannot graduate. Without graduates, we cannot grow the midwifery workforce needed to meet the increasing demand for care, particularly in communities experiencing maternity care shortages. SB 1271 provides a practical, data-driven solution. It does not change scope of practice or clinical standards. Instead, it gives the state the information needed to understand where preceptor shortages exist, identify barriers to clinical training, and develop strategies to strengthen California's midwifery workforce. If we are serious about improving maternal infant health outcomes, reducing inequities, and ensuring every family has access to safe, high-quality maternity care, we must strengthen the pipeline of providers who make those outcomes possible. Thank you. Thank you.
Good afternoon, Madam Chair and members. My name is Simona Spiegel, and I am here today in support of SB 1271. I a PhD candidate in medical anthropology at the University of Notre Dame where I research midwifery training and the movement for birth justice in California I also a student midwife and a medical doula serving families in the Bay Area For the past five years I worked alongside midwives as a researcher and now as a student midwife. I've interviewed and spoken with dozens of students and practicing midwives across California about their experiences in midwifery training. One issue has come up again and again, finding clinical placements and preceptors. I've experienced this challenge myself and traveled four hours round trip from Berkeley to apprentice with a midwife in Santa Cruz for a year. Even in the Bay Area, where there is one of the highest concentrations of licensed midwives in the state, finding a preceptor is difficult. I've spoken with students who have delayed their education, traveled long distances, or completed their clinical training out of state because they couldn't find placements in California. Those experiences point to a larger problem. Right now, the state doesn't have key data on how many preceptors there are or how to support potential preceptors in taking on students. SB 1271 would give California a clearer picture on how many preceptors there are and how to support them. and what it would take to support them in training the next generation of midwives. We can't strengthen California's midwifery workforce without understanding the training pipeline. Let's keep California a leading voice in birth care. I respectfully ask for your aye vote on SB 1271. Thank you. Thank you.
Are there any in the hearing room who would like to register support for the bill? Please come forward.
Yuli Smith, licensed midwife and proud preceptor representing Around Birth Collective, co-sponsor of this bill. Thank you.
Kasha Hunt with Political Solutions here on behalf of Marcha Dimes in support. Thank you.
Good evening, Chair and members. Karen Stout here on behalf of the California Nurse Midwives Association in support. Thank you.
Good almost evening, Chair and members. Carol Gonzalez with Latina Advocates on behalf of Hispanas Organized for Political Inquality. Proud to support. Thank you. Thank you. Are there any in the hearing room who would like to have a primary opposition to this bill?
Any in the hearing room who would like to register opposition? Seeing none, I will bring it back to the committee. We already have a motion and a second. Senator, I want to thank you for bringing forward a very thoughtful measure as somebody who used midwives to be able to deliver my beautiful three babies. I'm very thankful for you. With that, can you please call the roll?
Would you like to close, Senator? I will use your comments as my close. Thank you.
Thank you, Senator. Please call the roll. The motion is due pass to appropriations. Bonta? Aye. Bonta, aye. Sanchez? Aye. Sanchez, I. Addis. Addis, I. Aguirre-Curri. Aguirre-Curri, I. Aarons. Coloza. Coloza, I. Carrillo. Carrillo, I. Jeff Gonzalez. Jeff Gonzalez, I. Mark Gonzalez. Mark Gonzalez, I. Johnson. Patel. Patel, I. Patterson. Rodriguez. Rodriguez, I. Chiavo. Chiavo, I. Sharp Collins. Sharp Collins, I. Stephanie. That measure is out. Thank you, Senator. Moving on to item number 12, SB 12. 1244 by Allen regarding public agency benefits intermediary compensation disclosure act Moved by Gonzalez seconded by Addis Senator
Yeah, thank you so much chair Crazy day. We're all racing around Appreciate your patience. So this bill requires health insurance brokers and agents and advisors and related professionals to advise local public agencies on employee health care to disclose the compensation that they receive for selling those benefits and plans before entering or renewing a services contract with that agency. So we've got federal law, the Consolidated Appropriations Act of 2021, which requires brokers and related professionals to disclose their compensation to private employers with plans that are covered under ERISA upon request. This requirement does not extend to public agencies because public sector plans are, of course, exempt from ERISA. Now, existing California law requires health plans and insurers to annually disclose broker compensation to public agency governing boards. But this disclosure has some significant gaps. It only captures what the health plan or the insurer pays directly to the broker, missing compensation from third party sources, including supplemental insurance and point solution vendors, pharmacy benefit managers, other entities. So this bill seeks to close gaps in existing law by doing three key things. It seeks to ensure that public agencies benefit from disclosures already available to private employers, requires brokers and agents and related professionals to proactively disclose their compensation to public agencies so that it helps guide decisions before and not after they are made, and it also seeks to capture more forms of compensation than both state law and federal law currently cover. You know, I'm a former school board member. Many of you have come from local government. Local public agencies spend billions of taxpayer dollars annually on employee health benefits. They rely on insurance brokers and agents and related professionals to recommend insurance carriers and negotiate rates and select vendors. But it came to my attention how much some of these professionals are often receiving in compensation from insurers and third parties that public agencies never see. We've seen some examples of commissions up to 50% of the premium of some supplemental products, which is built into the premiums that the employers and the employees pay. Base commissions can then be between 3% to 6% of the total premium for an entire health insurance plan. Now, there's also gifts. You know, folks that may be treated to trips, other experiences, or some examples of folks brought to the Super Bowl or a luxury resort that, you know, as a result of selling a plan to a public agency that the employer is completely unaware of. So the fear, of course, is that aside from inflating health care costs that, of course, are passed on to make it harder for public agencies to do their work, these hidden compensation arrangements can sometimes create some really misaligned incentive steering the agencies toward more expensive vendors and unlike private employers public agencies are charged with with overseeing taxpayer dollars and ensuring that they're spent appropriately. But we all know I say this having with so much respect to all the wonderful financial officials at school districts and elsewhere but there's often I'm so overwhelmed. Just an understaffed handling the basics of running a budget for a school district that they you know they hope and trust that the agents and brokers that they working with on insurance side are and the people who are acting in their best interest but this is going to help to ensure that they truly do with some more disclosure And with that I am pleased to have Daryl Hemingway here on behalf of the California Teachers Association and also Chris Reif. We also have Matt Bittner here with the Volition Group who's available to answer technical questions.
Thanks. You'll each have two minutes.
Good afternoon, Madam Chair and members of the committee. My name is Darrell Hemingway, and I work for the California Teachers Association as a bargaining specialist, and I'm also a proud constituent of the chair. I care deeply about educational employees getting the best health and welfare benefits possible for the best cost. And I care deeply about our school districts being good stewards of the public funds they spend on those benefits. Our school districts and other public agencies face a health insurance system in which they have fewer protections than the private sector, namely in the area of broker compensation disclosure. Brokers, consultants, and other agents are able to receive undisclosed compensation that results in an unconscionable markup to already expensive premiums. Industry standard, we may receive, and we are not a fiduciary, are stock phrases they include in their contracts with school districts. Retention bonuses and indirect payments from vendors are terms they do not include. But those dollars still get priced into premiums and create significant conflicts of interest. In my opinion, this is stealing from the public. And because brokers don't have to disclose, we can't know exactly how much they are skimming out of every premium dollar our educators pay. We know that in the two large joint labor management health trusts for K-14 districts, CVT, California's Value Trust, and VEBA, San Diego Schools VEBA, about 98 to 98.5 cents of every dollar, premium dollar goes to care. For direct with broker programs, industry patterns suggest that number is closer to 88 to 95 cents. For a family plan costing $24,000 per year, that is $1,200 to $2,400 per year per employee. For a district with 1,000 employees, that's 1.2 million to 2.4 million a year. This could be the difference between a a healthy reserve and a financial crisis. SB 1244 would not put brokers out of business. It would simply require them to disclose what they're paid. That's what lets our unions and our districts work together to get the best benefits or the best cost and to be better stewards of the public's money. I respectfully urge your aye vote.
Wonderful testimony, no bias at all.
Good afternoon or evening, Madam Chair. Chris Reef on behalf of the California School Boards Association. Late is the hour, so I will be brief. Speaking on behalf of – on the issue of trust, as many of you know, nearly 60 percent of our school districts are small school districts. Many of our school districts are run by what are called superintendent principals. They're the ones who engage directly with some of these brokers. Trust is critical in that construct because they trust our superintendent principals, trust the brokers to be able to provide them a coverage that is affordable and be able to meet the needs of their staff. And without that, that can actually turn into a scenario where there actually is greater costs for districts. And so from a transparency perspective, and speaking for the vast majority of our school districts who rely on them to be able to provide them quality health care in that regard, we are in strong support of SB 1244. Thank you. Thank you. Are
Are there others in the hearing room who would like to register support for this measure? Katie Van Dyne with Health Access California in support Thank you Evening Beth Monowski with SCO California in support Sarah Ducat on behalf of the rural county representatives of California the California State Association of Counties and the urban counties of California in support. Thank you. Are there any in the hearing room that would like to offer primary opposition? Please come forward. Thank you. You'll each have two minutes.
Thank you. Good afternoon, Chair and members. Thank you for the opportunity to speak today. My name is Faith Borges, and I'm here on behalf of California agents and health insurance professionals in respectful opposition to Senate Bill 1244 unless it's amended. First I want to acknowledge and appreciate Senator Allen's commitment to transparency. Consumers absolutely deserve to understand and know how their healthcare dollars are being spent, and our members support clear and meaningful disclosures. But transparency needs to be accurate, actionable, and aligned with where the costs are actually generated. Health insurance premiums are rising due to the underlying healthcare costs, hospital pricing, pharmaceutical spending, and utilization trends. No strangers to this committee. Independent agents and brokers do not set premiums. We do not control claims costs and do not negotiate provider pricing. They serve as advocates for their clients, including public agencies and their employees, them navigate complex options, control costs where possible, and resolve utilization issues when they arise. Senate Bill 1244, as drafted, places the burden of significantly expanded disclosure on agents and brokers, even though much of the required data is held by carriers and vendors. This creates a system where those without control over the data are held responsible for reporting it. That misalignment does not improve transparency. It risks confusion, incomplete information and reduces access to experienced advisors, especially for smaller public agencies. If the goal is to reduce costs for purchasers, policy should remain focused on the drivers of healthcare spending. Yay for all your work there. While ensuring transparency requirements are placed on the entities that generate and control data, we believe there is a path forward, one that advances transparency, protects consumers, and maintains access to knowledgeable community-based professionals. We respectfully ask for amendments to address compliance challenges by conforming the language with ERISA, which would align industry reporting, reduce duplicative reporting, and ease administrative burdens. Thank you for your time and consideration.
Thank you. You'll have two minutes.
Thank you. Good evening. I'm Sherry McHugh, representing the National Association of Insurance and Financial Advisors. Insurance agents play a critical role in California's employee benefit marketplace, particularly for the public sector worker. As it pertains specifically to commissions paid to agents, when people hear that an agent might receive up to 50% commission on a supplemental product, it can sound alarming, but we need to put it in context. Supplemental products such as accident, critical illness, and hospital indemnity carry much lower premiums than major medical plans. So while the commission percentage may sound higher and be higher, the actual dollar amount paid is often quite modest. The Commission supports services like one-on-one enrollment assistance, year-round service, claims help, and administrative support for the employer. Agents help public agencies evaluate options, navigate complex markets, and advocate for employees when issues arise. These products are also voluntary for the employee. No one is required to enroll. An agent job is to help employees figure out whether coverage fits their needs and budget and that effort and work takes time and experience Lastly public agencies are not locked in with their agent If their agent job is to help employees figure out whether coverage fits their needs and budget and that effort and work takes time and experience Lastly public agencies are not locked in with their agent If their agent is not delivering value controlling costs improving benefits and providing strong service, they can be replaced. The relationship between the public entity and their agent is fundamentally performance-based. As an industry, we would support—we do support—transparency and parity, and we would remove our opposition if the bill was amended to conform with federal ERISA standards. Thank you very much.
Thank you. Any others in the hearing room who would like to register opposition? Seeing none, I will bring it back to committee for any comments or questions. Assemblymember Patel.
Assemblymember Patel. Thank you, Senator Allen, for bringing this bill forward. A little bit of transparency in this process is great and would like to add on as a co-author. Thank you.
No other comments on this side? Senator, I want to thank you for bringing forward this measure. I did just want to have you address the issues raised around basically adopting the ERISA structure to be able to move forward this bill and why you've chosen not to do that.
Yeah. Yeah, so in terms of just extending the public entities. Yeah, so one of the things is that one of the differences is that this would – it's not just upon request. It would require that the disclosures are automatically provided. You know, again, this comes, I think, from all of our experiences working within the maddening bureaucracies of school districts and local governments that are oftentimes unaware to even make this request. The bill, so from my perspective, it gives public agencies with some additional information that, again, that ERISA would provide for folks to pass on to the people they're working with upon request. In this case, we just ask them to do it without the request in advance. From my perspective, that's more transparency. But if people have an issue with that, I'm certainly happy to discuss it further. The bill includes a couple more forms of compensation that would be disclosed. I will say that some of that is basically an update on the way the market has evolved over time since the passage of ERISA. We saw, since the passage of that federal law, some more forms of compensation that have been identified. And I just think that it's important for public agencies to have a really full picture. when they're considering a contract for services. So, you know, again, if it's important to the committee that we, you know, strictly adhere to what's delineated in ERISA, you know, happy to have a conversation. I guess what I would say is that there are a number – ERISA was written a little while ago. There are some new things that I think that if they were to rewrite ERISA, they would include. And that I think is appropriate to be included because people are being compensated in different ways than they were when ERISA was first written. If I may, actually, the Consolidated Appropriations Act of 2021 does require brokers to proactively disclose compensation before contracts. So that has been changed.
And when it comes to common ground, when you're right, health care is very much evolving. You know, PBMs, I think, were off most of our radar a couple of years ago. But the Consolidated Appropriations Act, again, amended this year, just in 2026, did account for that and did add new forms of compensation that need to be disclosed as models are changing. So those requirements are very much addressed in federal compliance. And so we're asking for the ability to comply. If you look at our letter, it is pages and pages of red that are additions that this bill is adding that is in excess of ERISA, which we do frankly want to caution about, though this bill doesn't contain some language around fiduciary requirements. there is an active litigation model where the employer as the fiduciary is ultimately held responsible for actively monitoring broker disclosures and compensation for every element of their plan. So when you have all of these layers of reporting that as was addressed, some HR representatives may be overworked and underpaid and not fully understand they will be litigated to that standard though of addressing it. And is some of that probably shifting policy in the right direction for we want employers to understand the components of their health care and what they're paying for and what they're asking employees to pay for. But doing so needs to be in a way that it is going to be clearly identified information that is actionable and accurate, because ultimately, if California's introduction of these requirements into what's currently been a federal framework is to be implemented, we've seen this model and want to make sure that the information is correct. So there are federal requirements that vendors disclose to agents what they're paying. And then of course, an agent can turn around and say, exactly, here it is. This is exactly what we're paid. We provide that in a way that's clear. There's forms to do so. But it's not a small thing to say you're adding these additional criteria because there isn't then an understanding that the employer will be responsible for what's being reported to them. And the language does say that they need to understand what's being reported. Perhaps, Senator, in your closing, you could respond to that.
Yeah, sure.
Could I ask that my witness had one short response relating to litigation? Please press your button.
I'm sorry. One of the specific requirements in the bill exempts public employers from litigation and from that liability. It's a very specific thing put in there to protect against that. Okay.
Thank you. Okay. We have a motion and a second on your bill.
Fantastic. Okay. Well, I really appreciate the good discussion. We got this letter last week, and we're reviewing it. We're very open to further discussions. I certainly don want to be overly broad but I do want to reiterate that I don think that the strict adherence to ERISA as was written is appropriate here especially given the fact that it was also written for private sector entities And there are some unique circumstances associated with a public entity, JPA, et cetera, that needs to be written in. That being said, I'd love to continue working with you and with the committee. I would also say that in the bill, we only require brokers and professionals to disclose compensation that they receive. And I think it's, you know, at the end of the day, they have to know about it for them to be responsible for the reporting under this bill. So we're certainly not asking them to look behind the cover, you know, with the company. They just have to report what they know about in terms of compensation that they've received and gifts and that kind of thing. But without all being said, look forward to working more with the opposition, working with the committee to get this to a good place. And I respect your ass for my vote.
Thank you, Senator. We have a motion and a second. Please call the roll. The motion is due pass to Appropriations Committee. Bonta. Aye. Bonta, aye. Sanchez. Addis. Aye. Addis, aye. Aguirre-Curri. Aguirre-Curri, aye. Ahrens. Aye. Ahrens, aye. Coloza. Aye. Coloza, aye. Carrillo. Aye. Carrillo, aye. Jeff Gonzalez. Aye. Mark Gonzalez. Mark Gonzalez, aye. Patel. Patel, aye. Patterson. Rodriguez. Rodriguez, aye. Chiavo. Chiavo, aye. Sharp Collins. Sharp Collins, aye. Stephanie. Thank you, members. Thank you very much. That measures out. Thank you. Thank you. All right. For the members who need to add on, we only have add-ons left, right? Okay. All right. We are going to start with the consent calendar for add-ons. Colosa. Aye. Colosa, aye. Carrillo. Mark Gonzalez. Mark Gonzalez, aye. Sharp Collins. Sharp Collins, aye. The consent calendar is still out. We'll start at the top. Any committee members who wish to register a vote should get into the committee hearing room right now. We are only going to do this once. Item number one, SB331 by Menjivar. For add-ons. Colosa. Colosa, aye. Carrillo. Mark Gonzalez. Mark Gonzalez, aye. Patterson Patterson, aye Sharp Collins Sharp Collins, aye Stephanie Measure still out Item number 2, SB490 by Umberg for add-ons Colosa Colosa, aye Mark Gonzalez Mark Gonzalez, aye Patterson Patterson aye Sharp Collins Sharp Collins aye Stephanie Measure still out Item number three SB 526 by Perez Lifting the call. Colosa. Colosa, aye. Mark Gonzalez. Mark Gonzalez, aye. Patterson. Patterson, no. Sharp Collins. Sharp Collins, aye. Stephanie. Stephanie, aye. That measure's now out. Item number four, SB 626. 608 by Menjavar, lifting the call. Coloza. Coloza, aye. Mark Gonzalez. Mark Gonzalez, aye. Patterson. Patterson, no. Sharp Collins. Sharp Collins, aye. Stephanie. Stephanie, aye. That's out. That measures out. Item number five, SB 869 by Weber Pearson, lifting the call. Coloza. Mark Gonzalez. Mark Gonzalez, aye. Patterson. Patterson, no. Sharp Collins. Sharp Collins, aye. That measures out item number five by item number six by SB 950 by Weber Pearson for add-ons. Colosa Colosa I Mark Gonzalez Mark Gonzalez I Patterson Patterson I Sharp Collins Sharp Collins I Measure still out Item number 7 SB 971 by Choi for add-ons Colosa Colosa I Mark Gonzalez Mark Gonzalez I Patterson Patterson I Sharp Collins Sharp Collins I Stephanie Stephanie, I. That measure is still out. Item number 8, SB 1016 by Blake Spear for add-ons. Colosa. Colosa, I. Mark Gonzalez. Mark Gonzalez, I. Patterson. Patterson, I. Sharp Collins. Sharp Collins, I. Stephanie. Stephanie, I. That measure is still out. Item number 9, SB 1037 by Weber Pearson lifting the call. Coloza. Coloza, I. Mark Gonzalez. Mark Gonzalez, I. Sharp Collins. Sharp Collins, I. Stephanie. Stephanie, I. That measure is now out. Item number nine, SB 1037 by, sorry, item number 10, SB 1094 by Weber Pearson for add-ons. Coloza. Coloza, I. Mark Gonzalez. Mark Gonzalez, I. Sharp Collins. sharp collins i that measure still out item number 11 sb 1199 by weber pearson for add-ons coloza coloza i mark gonzalez mark gonzalez i sharp collins sharp collins i measure still out item number 12 by sb 1244 by Allen for add Stephanie Stephanie aye Measure still out. Item number 13, SB 1271 by Reyes for add-ons. Aaron's. Aye. Aaron's, aye. Patterson. Patterson, aye. Stephanie. Stephanie, aye. that measure's still out catherine I need a couple more to vote on. Which one? Adding on to item one, SB331, Stephanie. Stephanie, aye. Adding on to item 2, SB 490 Umberg, Stephanie? Stephanie, aye. Okay. And with that, we are adjourning our hearing. Thank you. Thank you.