SRC-JEC H.B. 391 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 391
By: Maxey (Barrientos)
Health & Human Services
4/27/2001
Engrossed


DIGEST AND PURPOSE 

Epidemiologic research indicates that human milk and breastfeeding of an
infant, including one who is premature or sick, improves the infant's
general health, growth, and development, and significantly reduces the risk
of certain diseases and conditions.  In some instances, a mother may be
unable to breastfeed.  Donor milk banks provide human milk to a baby when
direct breastfeeding is not possible. H.B. 391 requires the Health and
Human Services Commission to adopt minimum standards for the procuring,
processing, distribution, and use of human milk by donor milk banks. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.024, Human Resources Code, by adding
Subsection (x), to require the Health and Human Services or an agency
operating part of the medical assistance program, as appropriate, to adopt
minimum standards for the procuring, processing, distribution, or use of
human milk by donor milk banks. 

SECTION 2.  Requires a state agency, if before implementing any provision
of this Act it determines that a waiver or authorization from a federal
agency is necessary for implementation of that provision, to request the
waiver or authorization and authorizes the agency to delay implementing
that provision until the waiver or authorization is granted. 

SECTION 3.  Effective date: September 1, 2001.