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CC - Item 7B - Consideration for San Bernandino Carpool Lane & Diabetes Supplies and Education !S E\ t "`CCC AI � ®* � staff report TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: JANUARY 20, 1999 RE: CONSIDERATION OF SB 63 (SOLIS)- SAN BERNARDINO FREEWAY CARPOOL LANE AND SB 64(SOLIS) - DIABETES SUPPLIES AND EDUCATION This item has been placed on the agenda by Mayor Pro Tern Vasquez. Senator Hilda Solis is seeking ` the City's support of two bills: SB 63 and SB 64. The first bill seeks to reduce the vehicle occupancy requirement on the 1-10 San Bernardino Freeway carpool lane from three persons to two persons per vehicle. The second bill would require health care policies and plans to expand coverage for the management and treatment of diabetes. Specifically, SB 64 will require health care plans to cover such items and glucose monitors, test strips and self-management training. Currently, some plans do not include such coverages. Staff has attached copies of SB 63 and SB 64 and additional information regarding the bills prepared by Senator Solis' office. RECOMMENDATION: Staff has no recommendation on either bill. COUNCIL AGENDA ra,emo,w?r+ JAN / (6 1999 !TEM Pio. Yid Ji SRN 19 '99 ltd:SYPM GOHSRLVES & SON P.,/9 SENATE BILL No. 63 Introduced by Senator Solis December 7, 1998 An act to add Section 21655.12 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEC9 DIGEST SB 63, as introduced, Solis. Preferential vehicle lanes: occupancy level: Route 10. Existing law authorizes the Department of Transportation to authorize or permit exclusive or preferential use of highway lanes for high-occupancy vehicles, as specified. This bill would require the department, if the department authorizes or permits that use of those lanes on the San Bernardino Freeway, to set the minimum occupancy level on those lanes at 2, including the driver. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 21655.12 is added to the Vehicle 2 Code, to read: 3 21655.12. If the Department of Transportation 4 authorizes or permits exclusive or preferential use of 5 highway lanes for high-occupancy vehicles on that 6 portion of State Highway Route 10 known as the San 7 Bernardino Freeway, the department shall set the 99 P SAN 19 '99 1e:57aM GONSALVES & SON °,2/8 SB 63 —2- 1 minimum occupancy level on those lanes at two, 2 including the driver. 0 99 P Ulalifuruin State SenatesENATEDMMM TEES SENATORINDUSTRIAL RELATIONS SACRAMENTO` SSBI< IHILDA L. SOLISTT COMMEEON SIA TRADE AND COMMERCE 4401 SECOND FILooVENUE TWENTY-FOURTH SENATORIAL DISTRICTEMBER FISCAL REVIEW EL MONTEENERGY UTILITIES AND A COMMUNICATIONS 4715CE AVENUE - RONAIN TAL OUAUT EAST LOS A BUILDING n ,' FINANCEESTMENT AND 13 980 H S I.. INTERNATIONAL TRADEN SERVICES ` r` SELECT MMITTEE ON AL ON SELECT COMMITTEE ON HIGHER EDUCATION TION SELECT COMMITTEE ON WORKFORCE PREPARATION SUBCOMMITTEE NO3 ONHEALTH Senate Bill 63: "I-10, San Bernardino Freeway Carpool Lane SERVICES AND LABOR LABOR What does Senate Bill 63 Do? Senate Bill 63 will help alleviate the traffic congestion on the San Bernardino Freeway, Interstate Highway 10, by reducing the minimum requirement from a 3 person to a 2 person for the high occupancy vehicle lane, or carpool lane. Why is SB 63 Important? • The San Bernardino Freeway is only one of two 3 person carpool lanes in the state that is not a toll-approach freeway near a bridge. The other 3 person carpool lane is Interstate 80 in Northern California which operates as a 2 person carpool lane during off-peak hours. • It is the only freeway where the 3 person rule is upheld 7 days a week, 24 hours a day. • Traffic congestion is horrific in Southern California, especially on the San Bernardino Freeway. Cars are always trapped in traffic, making commutes both long and arduous. By enacting a more attainable goal of two people per vehicle, more commuters will be able to utilize the carpool lane. In turn, this will increase the efficiency of the carpool lane and improve traffic conditions in the mixed-flow lanes. • 2 person carpools will no longer have to divert north from the San Bernardino Freeway to the Foothill Freeway (210) or south to the Pomona Freeway (60) to take advantage of the carpool lane. The San Bernardino is the most direct route to downtown, so commuters will save time. em,PNI JAN 19 '99 la:59N GONSPLVES & SON SENATE BILL No. 64 Introduced by Senators Solls and Sher (Coauthor: Assembly Member Davis) December 7, 1998 An act to add Section 1367.51 to the Health and Safety Code, and to add Section 10176.61 to the Insurance Code, relating to health insurance. LEGISLATIVE COUNSEL'S DIGEST SB 64, as introduced, Solis. Health insurance: management and treatment of diabetes. (1) Existing law provides for the licensure and regulation of health care service plans administered by the Commissioner of Corporations. Under existing law, a willful violation of any of these provisions is punishable as either a felony or a misdemeanor. Existing law provides for the regulation of policies of disability insurance administered by the Insurance Commissioner. Existing law also provides for the regulation of self-insured employee welfare benefit plans. Existing law requires that health care service plans, disability insurers, and self-insured employee welfare benefit plans provide coverage for certain benefits and services. Existing law also requires that disability insurers offer coverage for diabetic day care self-management education programs. This bill would require all policies and plans, except as specified, issued, amended, or renewed on and after January 1, 2000, that cover hospital, medical, or surgical expenses, including coverage for prescription drugs, to offer coverage, 99 JRN 19 '99 le:SEISM GONSALVES & SON 4.44. SB 64 — l— as specified, for the management and treatment of diabetes, defined to include specific equipment, supplies, and training. Since a willful violation of this provision with respect to health care service plans would be a crime, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: I SECTION 1. Section 1367.51 is added to the Health 2 and Safety Code, to read: 3 1367.51. (a) On and after January 1, 2000, every 4 health care service plan contract, that is issued, amended, 5 or renewed, except a specialized health care service plan 6 contract, that coven hospital, medical, or surgical 7 expenses and includes coverage for prescription drugs 8 shall include coverage for the management and 9 treatment of diabetes under the terms and conditions 10 agreed upon between the subscriber and the plan. Every 11 plan shall communicate the availability of that coverage 12 to all subscribers and to all prospective subscribers with 13 whom the plan is negotiating. 14 For purposes of this section, "management and 15 treatment of diabetes" includes coverage for the 16 equipment, supplies, and outpatient self-management 17 training and education, including medical nutrition 18 therapy, for the treatment of insulin-dependent diabetes, 19 insulin-using diabetes, gestational diabetes, and 20 noninsulin-using diabetes if prescribed by a health care 21 professional legally authorized to prescribe those items. 22 Management and treatment also includes, but is not 23 limited to, blood glucose monitors, including monitors for 24 the legally blind, test strips for glucose monitors, visual 99 r • wN 19 '99 19:5,9141 c-ONSRLVES & SON 3— SB 64 1 reading and urine testing strips, insulin injection aids, 2 syringes, insulin pumps and related items, and oral agents 3 for controlling blood sugar and other medications and 4 devices that receive approval from the Federal Drug 5 Administration for use in controlling and managing 6 diabetes. 7 (b) Diabetes outpatient self-management training 8 and education shall be provided pursuant to subdivision 9 (a) by appropriately licensed health care professionals 10 with expertise in diabetes. 11 (c) The benefits provided pursuant to this section shall 12 be subject to the same copayments or other similar 13 charges established for all other coveted benefits within 14 a given plan. 15 (d) A health care service plan may not reduce or 16 eliminate coverage as a result of the requirements of this 17 section. 18 SEC. 2. Section 10176.61 is added to the Insurance 19 Code, to read: 20 10176.61. (a) On or after January 1, 2000, every 21 insurer issuing, amending, or renewing a disability 22 insurance policy that covers hospital, medical, or surgical 23 expenses and includes coverage for prescription drugs 24 shall include coverage for the management and 25 treatment of diabetes under the terms and conditions 26 agreed upon between insureds and the insurer. Every 27 insurer shall communicate the availability of that 28 coverage to all insureds and to all prospective insureds 29 with whom the insurer is negotiating. 30 On or after January 1, 2000, every self-insured 31 employee welfare benefit plan that covers hospital, 32 medical, or surgical expenses and includes coverage for 33 prescription drags shall include coverage for the 34 management and treatment of diabetes under the terms 35 and conditions as may be agreed upon between the plan 36 and the member. Every plan shall communicate the 37 availability of that coverage to all plan members and to 38 all prospective plan members with whom the plan is 39 negotiating. 99 7 JAN 19 '99 12:59PM GONSPLVES & SON P.?2 SB 64 —4- 1 For purposes of this section, "management and 2 treatment of diabetes" includes coverage for the 3 equipment, supplies, and outpatient self-management 4 training and education, including medical nutrition 5 therapy, for the treatment of insulin-dependent diabetes, 6 insulin-using diabetes, gestational diabetes, and 7 noninsulin-using diabetes if prescribed by a health case 8 professional legally authorized to prescribe those items. 9 Management and treatment also includes, but is not 10 limited to, blood glucose monitors, including monitors for 11 the legally blind, test stiips for glucose monitors, visual 12 reading and urine testing strips, insulin injection aids, 13 syringes, insulin pumps and related items, and oral agents 14 for controlling blood sugar and other medications and 15 devices that receive approval from the Federal Drug 16 Administration for use in controlling and managing 17 diabetes. I g (b) Diabetes outpatient self-management training 19 and education shall be provided pursuant to subdivision 20 (a) by appropriately licensed health care professionals 21 with expertise in diabetes. 22 (c) The benefits provided pursuant to this section shall 23 be subject to the same annual deductibles or coinsurance 24 requirements established for all other covered benefits 25 within a given policy. 26 (d) An insurer or self-insured employee welfare 27 benefit plan may not reduce or eliminate coverage as a 28 result of the requirements of this section. 29 SEC. 3. No reimbursement is required by this act 30 pursuant to Section 6 of Article XIB B of the California 31 Constitution because the only costs that may be incurred 32 by a local agency or school district will be incurred 33 because this act creates a new clime or infraction, 34 eliminates a crime or infraction, or changes the penalty 35 for a crime or infraction, within the meaning of Section 36 17556 of the Government Code, or changes the definition 37 of a crime within the meaning of Section 6 of Article 33 X111 B of the California Constitution. 39 Notwithstanding Section 17580 of the Government 40 Code, unless otherwise specified, the provisions of this act JAN' 19 '99 10'59gM GONSALVES a SON _ 5— SB 64 I shall become operative on the same date that the act 2 takes effect pursuant to the California Constitution. 0 99 Qlalifurnin State Senate SACRAMENTO OFFICE DMMM �E, • s*: E CAL SENATOR CAAIR RONTO SACRAMENTO CA sss91. suBCONMITfEE ON Aso TRADE ,.. ., HILDA L. SOLIS MMERCE Apo I sEcNTAVENUE FLOTWENTY.FOIJRTH SENATORIAL DISTRICT EER EL MOE.CA GI B] BUDGET &FSCAL REVIEW 1131130we 1271 ENERGY.UTIUTEs AND COMMUNICATIONS nm CEBAR CHAv¢AvwuE ° a ENVIRONMENTAL auAur EAST LOS ANGELS-CA 90022 ING A' a,< . bl FINANCE.INVESTMENT.AND 1pLI�'I,: INTERNATIONAL TRADE 00 , H S-LHEALTH AND HUMAN SERVICES IZI11.98Pt SELECT COMMITTEE ON LINGUAL EDUCATION SELECT COMMITTEE ON HIGHER EDUCATION SELECT COMMITTEE ON Senate Bill 64: Diabetes Supplies and Education WORKFORCE PREPARATION MMTEE NO ]ON HUMAN SERVICES.AND LABORH Senate Bill 64 would require all health care policies and plans to offer coverage for the management and treatment of diabetes defined to include specific equipment,supplies and education. Currently, twenty-two states already have this coverage, including major states like Texas,New York,New Jersey and Florida. It is time for California to stand up for the more than 2.1 million people with diabetes in our state. Why is Senate Bill 64 so important? • Currently, there are no standards for what an insurance plan provides to its members with diabetes. Often, insurance plans will not cover items such as glucose monitors, test strips and self-management training, even if their physician prescribes them. • Scientific evidence supports the fact that maintaining good diabetes control can significantly reduce the risk of the development of complications associated with diabetes such as blindness, amputations of the legs and feet,strokes,heart and kidney disease.In fact,diabetes is the most common cause of amputations not caused by injury. • There are more than two million Californians with diabetes. Each year,thousands will die from diabetes or be stricken by one of its complications. Diabetes contributes to nearly 20,000 deaths each year in California. • Diabetes also carries a tremendous fiscal burden,costing California$1.55 billion in hospitalization costs alone. Ensuring that items, which a physician deems necessary to the care and treatment of their patients with diabetes, are provided could reduce these costs as well as the personal burden of diabetes. What can I do? Write a letter of support to your State Senator, State Assembly member and Governor Gray Davis. Encourage your cities, school districts, churches and any organizations that you know to send letters to their state representatives. We also encourage you to send copies to Senator Solis' capitol office.