SRC-VRA S.B. 1226 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1226
78R6973 JRD-FBy: Nelson
Health & Human Services
4/11/2003
As Filed


DIGEST AND PURPOSE 

Current Texas law does not require the implementation of two patient pools
relating to the allocation of kidneys available for transplant in this
state.  As proposed, S.B. 1226 requires the implementation of two patient
pools, one consisting of patients who have been on a waiting list for at
least three years and the other consisting of those patients highly
sensitized to rejecting an organ regardless of waiting time.     

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of
Health in SECTION 1 (Section 161.452, Health and Safety Code) of this
bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 161, Health and Safety Code, by adding
Subchapter R, as follows: 

SUBCHAPTER R.  ALLOCATION OF KIDNEYS AVAILABLE FOR TRANSPLANT
 
 Sec. 161.451.  DEFINITION.  Defines "organ procurement organization."
 
Sec. 161.452.  DEPARTMENT RULES.  Requires the Texas Department of Health
(TDH), to the extent allowed by federal law, by rule to require the system
for allocating kidneys available for transplant in this state to conform
to the requirements of this subchapter. 
 
Sec. 161.453.  FORMATION OF PATIENT POOLS AND ORGAN SHARING POOL. (a)
Requires two statewide pools of patients who need kidney transplants to be
formed under the system for allocating kidneys available for transplant in
this state.   Provides that one pool will consist of patients in this
state with low panel reactive antibodies, and the other pool will consist
of patients in this state with high panel reactive antibodies. 
 
(b)  Provides that patients in the low panel reactive antibodies pool will
be eligible to participate in an organ sharing pool that must be created
under the allocation system.  Requires the procedures of the organ sharing
pool to provide that 20 percent of the kidneys available for transplant to
patients in this state who are served by any one of the organ procurement
organizations that have a defined service area that includes all or part
of this state must also be made available to patients in the low panel
reactive antibodies pool who are served by any of the other organ
procurement organizations that have a defined service area that includes
all or part of this state. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.