BILL ANALYSIS

 

 

 

C.S.H.B. 2312

By: Coleman

Public Health

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Sickle cell disease consists of several inherited blood disorders that primarily affect persons of certain ethnic backgrounds. Those affected by the disease often suffer episodes of pain, serious infections, chronic anemia, damage to body organs, and even death. In light of the increased Texas population, there is a greater need for education programs, voluntary testing, counseling, and health and medical reimbursement services for sickle cell disease and sickle trait.

 

C.S.H.B. 2312 seeks to improve the quality of life of those Texans impacted by sickle cell disease by providing for the establishment of a statewide sickle cell disease program and an advisory committee to make recommendations regarding the needs of individuals with sickle cell trait or sickle cell disease and providing for the identification of grants and funding mechanisms for entities that provide certain services relating to sickle cell trait and sickle cell disease education, treatment, and prevention.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 of this bill.

 

ANALYSIS

 

C.S.H.B. 2312 amends the Health and Safety Code to provide for the establishment of a sickle cell disease program and require the Department of State Health Services (DSHS) to identify efforts related to the expansion and coordination of education, treatment, and continuity of care programs for individuals with sickle cell trait and sickle cell disease; assist the advisory committee created under the bill's provisions; and provide the advisory committee with staff support necessary for the advisory committee to fulfill its duties.

 

C.S.H.B. 2312 requires the governor to appoint an 11-member advisory committee, including a program administrator, provides for staggered terms of service for members of the committee, requires the committee to meet at least twice a year, and provides that a member of the advisory committee is not entitled to compensation but may be entitled to reimbursement for travel or other expenses incurred while conducting the business of the advisory committee as provided by the General Appropriations Act.  The bill requires the members of the committee to be located in geographically diverse areas of the state and to be interested in and knowledgeable about sickle cell trait and sickle cell disease. The bill requires the governor, in making appointments to the advisory committee, to consider appointing members who are representatives of a community agency; state or local officials responsible for public health, social services, or rehabilitation; representatives from educational institutions, including schools and universities; physicians and other health care providers; and persons with, or relatives of persons with, sickle cell trait or sickle cell disease.

 

C.S.H.B. 2312 requires the advisory committee to conduct a needs assessment and advise DSHS and the program administrator regarding the needs of individuals with sickle cell trait and sickle cell disease and make recommendations, including recommendations regarding legislative action, DSHS rules, and program administration. The bill requires the program administrator to report periodically to the executive commissioner of the Health and Human Services Commission and annually to the governor regarding the advisory committee's activities and findings. The bill makes statutory provisions governing state agency advisory committees inapplicable to the bill's provisions.

 

C.S.H.B. 2312 requires the program administrator to investigate and identify grants and other funding mechanisms for entities that provide education about sickle cell trait and sickle cell disease; improve the detection of sickle cell trait and sickle cell disease and the treatment of sickle cell disease; coordinate delivery of services for people with sickle cell disease; provide access to information regarding genetic testing and counseling; bundle technical services related to the prevention and treatment of sickle cell disease; and provide training for health professionals regarding sickle cell trait and sickle cell disease. The bill requires the program administrator to award grants, if possible, to eligible organizations in different regions of Texas. The bill authorizes DSHS to solicit and accept gifts, grants, and donations of money from the federal government, local governments, private corporations, and other persons to be used for the purpose of awarding grants under the program.

 

C.S.H.B. 2312 authorizes the executive commissioner of the Health and Human Services Commission to adopt rules to implement the sickle cell disease program. The bill defines "commission," "executive commissioner," "health and human services agency," "program," and "sickle cell disease."

 

C.S.H.B. 2312 sets its provisions relating to the sickle cell disease program to expire September 1, 2017.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

C.S.H.B. 2312 differs from the original by requiring the Department of State Health Services (DSHS) to identify efforts related to the expansion and coordination of education, treatment, and continuity of care programs for individuals with sickle cell trait and sickle cell disease, whereas the original requires DSHS to develop a sickle cell disease program and includes such identification duties among the duties of the program. The substitute contains a provision not included in the original requiring the Department of State Health Services (DSHS) to assist the advisory committee created under the substitute's provisions.

 

C.S.H.B. 2312 contains a provision not included in the original requiring the members of the advisory committee to be located in geographically diverse areas of Texas and to be interested in and knowledgeable about sickle cell trait and sickle cell disease. The substitute differs from the original by requiring the governor, in making appointments to the advisory committee, to consider appointing members to the advisory committee who are representatives from educational institutions, including schools and universities, whereas the original requires the governor to consider appointing members who are teachers or school board members.

 

C.S.H.B. 2312 contains a provision not included in the original requiring the advisory committee to meet at least twice a year. The substitute differs from the original, in provisions requiring the advisory committee to advise DSHS and the program administrator regarding the needs of individuals with sickle cell trait and sickle cell disease and to make certain recommendations, by requiring the advisory committee to conduct a needs assessment and to make recommendations regarding legislative action, DSHS rules, and program administration, whereas the original does not require a needs assessment and requires the advisory committee to make recommendations regarding legislative action and DSHS rules. The substitute contains a provision not included in the original requiring the program administrator to report periodically to the executive commissioner of the Health and Human Services Commission and annually to the governor regarding the advisory committee's activities and findings.

 

C.S.H.B. 2312 omits provisions included in the original regarding the provision of sickle cell disease testing and counseling by a public health district or local health department at no cost to any individual who requests such services.

 

C.S.H.B. 2312 differs from the original by requiring the program administrator to investigate and identify grants and other funding mechanisms for entities that provide certain specified services related to sickle cell trait and sickle cell disease, whereas the original requires DSHS to develop a sickle cell disease program to provide those specified services related to sickle cell trait and sickle cell disease and authorizes the program administrator to award grants to entities that participate in those specified services.

 

C.S.H.B. 2312 omits provisions included in the original requiring the program administrator, in awarding grants to entities that provide certain specified services relating to sickle cell trait and sickle cell disease, to give priority to an applicant that is a qualified health center that partners with or intends to partner with a center that provides comprehensive sickle cell disease treatment or a community-based sickle cell disease organization or nonprofit organization that works with individuals or families affected by sickle cell trait or sickle cell disease.

 

C.S.H.B. 2312 contains a provision not included in the original providing for the expiration of the bill's provisions relating to the sickle cell disease program on September 1, 2017.

 

C.S.H.B. 2312 differs from the original in nonsubstantive ways.