BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 2419

81R10193 MCK-D                                                                                                            By: Deuell

                                                                                                                  Health & Human Services

                                                                                                                                            4/17/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently state employees who are exposed to blood or other potentially infectious material at the worksite are provided testing but are not provided treatment through workers' compensation because they are not listed as "public safety employees" in Chapter 607 (Benefits Relating to Certain Infectious Diseases), Government Code.  Approximately 30 Texas employees suffered sharps injuries each year between 2001 and 2006.  Each exposure has been estimated to cost around $3,000 for emergent care, medications, and follow up.  This small investment could avert the economic cost to the state and personal hardship for the employee if a contagious disease develops.

 

As proposed,  S.B. 2419 requires a state agency, on an employee's request, to pay the costs of testing, preventative treatment, and counseling, from funds appropriated for payment of workers' compensation benefits to state employees, an employee of that agency concerning HIV infection.

 

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 Sections 85.116(a), (d), and (e), Health and Safety Code, as follows:

 

(a) Requires a state agency, on an employee's request, to pay the costs of testing, preventative treatment, and counseling an employee of that agency concerning HIV infection if the employee meets certain conditions.

 

(d) Requires that the cost of a state employee's testing, preventative treatment, and counseling be paid from funds appropriated for payment of workers' compensation benefits to state employees.

 

(e) Requires that preventative treatment for HIV provided under this section conform to the model protocol on HIV preventative treatment prescribed by the Texas Department of Health.

 

SECTION 2. Effective date:  upon passage or September 1, 2009.