By: Patrick S.B. No. 1566

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Texas Bleeding Disorders Advisory Council.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) In this section:

(1) "Council" means the Texas Bleeding Disorders Advisory Council.

(2) "Commissioner" means the commissioner of state health services.

(3) "Department" means the Department of State Health Services.

(4) "Hemophilia" has the meaning assigned by Section 41.001, Health and Safety Code.

(b) The Texas Bleeding Disorders Advisory Council is established. The council is composed of the commissioner and the commissioner of insurance, or their designees, serving as nonvoting members and nine members serving as voting members appointed jointly by the commissioner and the commissioner of insurance as follows:

(1) a physician licensed to practice medicine in this state under Subtitle B, Title 3, Occupations Code, who treats individuals with hemophilia or other bleeding or clotting disorders at the time of appointment;

(2) a nurse licensed under Chapter 301, Occupations Code, who treats individuals with hemophilia or other bleeding or clotting disorders at the time of appointment;

(3) a social worker licensed under Chapter 505, Occupations Code, who treats individuals with hemophilia or other bleeding or clotting disorders at the time of appointment;

(4) two representatives of hemophilia treatment centers in this state, at least one of which is federally funded;

(5) a representative of a health insurer or other health benefit plan issuer that holds a certificate of authority issued by the Texas Department of Insurance;

(6) a representative of a volunteer or nonprofit health organization that serves the population of this state with hemophilia and other bleeding or clotting disorders;

(7) a person who has hemophilia or a caregiver of a person who has hemophilia;

(8) a person who has a bleeding disorder other than hemophilia or a caregiver of a person who has a bleeding disorder other than hemophilia; and

(9) a person who has a clotting disorder or a caregiver of a person with a clotting disorder.

(c) In addition to council members appointed under Subsection (b) of this section, the commissioner and the commissioner of insurance jointly may appoint up to five nonvoting members, including:

(1) persons with hemophilia or other bleeding or clotting disorders or caregivers of persons with hemophilia or other bleeding or clotting disorders; and

(2) persons experienced in the diagnosis, treatment, care, and support of persons with hemophilia or other bleeding or clotting disorders.

(d) Council members shall elect from among the voting council members a presiding officer. The presiding officer retains all voting rights.

(e) If a vacancy occurs on the council, the commissioner and the commissioner of insurance jointly shall appoint a person to serve for the remainder of the unexpired term.

(f) A member of the council may not receive compensation for service on the council, but may be reimbursed for actual and necessary expenses incurred while performing council business.

(g) The department shall provide reasonably necessary administrative support for council activities.

(h) The council shall meet at least quarterly and at the call of the commissioner or presiding officer.

(i) The council shall study and advise the department, the Health and Human Services Commission, and the Texas Department of Insurance on issues that affect the health and wellness of persons living with hemophilia and other bleeding or clotting disorders, including:

(1) legislative or administrative changes to policies and programs that affect the health and wellness of persons with hemophilia and other bleeding or clotting disorders, including access to appropriate health insurance or similar health coverage;

(2) legislative or administrative changes to policies and programs that affect product-specific reimbursement to providers, including new payment for anti-hemophilia factor including various reimbursement methodologies for anti-hemophilic factors in the Medicaid program that provide access to appropriate treatment;

(3) best practices in standards of care and treatment for persons with hemophilia and other bleeding or clotting disorders;

(4) the establishment of community-based initiatives to disseminate information on services and related activities for persons living with hemophilia and other bleeding or clotting disorders to the medical and health care community, the academic community, primary caregivers, advocacy associations, and the public; and

(5) the coordination of public and private support networking systems for persons living with hemophilia and other bleeding or clotting disorders and primary caregivers.

(j) Not later than December 1, 2008, the council shall report on its findings and recommendations to the governor, the lieutenant governor, and the speaker of the house of representatives. The report shall be made public and is subject to public review and comment before it may be adopted by the council.

(k) Not later than six months after the report is issued and annually thereafter, the commissioner shall report on efforts to implement the recommendations in the report. The report shall be made available to the public.

(l) The commissioner shall include any state or national activities in which the council participates in any report issued under Subsection (k) of this section.

(m) This section expires and the council is abolished September 1, 2009.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.