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


Senate Research CenterC.S.S.B. 1226
78R13373 JRD-FBy: Nelson
Health & Human Services
4/27/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

C.S.S.B. 1226 provides for the formation of a kidney sharing pool and
distribution of kidneys to the longest waiting patients.    

RULEMAKING AUTHORITY

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

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.  FORMATION OF KIDNEY SHARING POOL AND DISTRIBUTION TO
LONGEST WAITING PATIENTS.  (a)  Provides that, under the system for
allocating kidneys available for transplant in this state, to the extent
allowed by federal law, a statewide pool of 20 percent of the kidneys from
deceased donors of each blood type recovered by each organ procurement
organization that has a defined service area that includes all or part of
this state is provided to a special pool for redistribution to patients
who have been waiting the longest for transplantation in this state. 

(b)  Provides that medically eligible patients with low panel reactive
antibodies of less than 10 percent who, in terms of accumulated waiting
time, comprise the top 20 percent of all patients waiting will be put in a
pool.  Provides that as one of those patients receives a transplant, the
patient will be replaced in the pool, in turn, by the next longest waiting
patient.  Provides that only accumulated waiting time will be used to
establish priority access to the pool. 

(c)  Provides that with the exception of assigning points for a six
antigen match with zero antigen mismatch, assigning points for human
leukocyte antigen (HLA) match will be eliminated by organ procurement
organizations that are participating in the pool established under
Subsection (a).  

(d)  Provides that after a patient has qualified for entry into the pool
established under Subsection (b), the order of distribution is based
solely on the length of time each patient has waited. 

(e)  Provides that use of the pools will be managed by the federal Organ
Procurement and Transplant Network. 

(f)  Provides that a panel of appropriate physician specialists of Texas'
Organ and Procurement Transplant Network members will monitor the listing
of patients and the appropriate use of the pools. 
 
SECTION 2.  Requires organ and procurement organizations that have a
defined service are that includes all or part of this state and that are
members of the Organ Procurement and Transplant Network (OPTN), and
transplant centers in this state that are members of the OPTN, to submit
to the OPTN a kidney sharing agreement not later than the 180th day after
the effective date of this Act.  
 
SECTION 3.  Effective date:  upon passage or September 1, 2003.