82R6260 ALB-F

By: Coleman H.B. No. 2312

A BILL TO BE ENTITLED

AN ACT

relating to the creation of a sickle cell disease program.

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

SECTION 1. Chapter 33, Health and Safety Code, is amended by adding Subchapter D to read as follows:

SUBCHAPTER D. SICKLE CELL DISEASE PROGRAM

Sec. 33.051. DEFINITIONS. In this subchapter:

(1) "Commission" means the Health and Human Services Commission.

(2) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

(3) "Health and human services agency" means a health and human services agency listed by Section 531.001, Government Code.

(4) "Program" means the sickle cell disease program established under this subchapter.

(5) "Sickle cell disease" means any variant of sickle cell disease, including sickle cell anemia and sickle cell thalassemia.

Sec. 33.052. DUTIES OF DEPARTMENT. The department shall develop a sickle cell disease program to:

(1) provide education about sickle cell trait and sickle cell disease;

(2) improve the detection of sickle cell trait and sickle cell disease and the treatment of sickle cell disease;

(3) coordinate delivery of services for people with sickle cell disease;

(4) provide access to information regarding genetic testing and counseling;

(5) bundle technical services related to the prevention and treatment of sickle cell disease;

(6) provide training for health professionals regarding sickle cell trait and sickle cell disease;

(7) identify other 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; and

(8) award grants to facilitate Subdivisions (1)-(7).

Sec. 33.053. ADVISORY COMMITTEE. (a) The governor shall appoint an advisory committee composed of 11 members, including a program administrator. In making appointments to the advisory committee, the governor shall consider appointing members who are:

(1) representatives of a community agency interested in sickle cell trait and sickle cell disease;

(2) state or local officials responsible for public health, social services, or rehabilitation;

(3) teachers or school board members;

(4) physicians interested in sickle cell trait and sickle cell disease; and

(5) persons with, or relatives of persons with, sickle cell trait or sickle cell disease.

(b) Members of the advisory committee serve staggered three-year terms, with the terms of three or four members expiring each year.

(c) The advisory committee shall advise the department 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 and department rules.

(d) The department shall provide the advisory committee with the staff support necessary to allow the committee to fulfill its duties.

(e) A member of the advisory committee is not entitled to compensation but is entitled to reimbursement for travel or other expenses incurred while conducting the business of the advisory committee as provided by the General Appropriations Act.

(f) Chapter 2110, Government Code, does not apply to the advisory committee.

Sec. 33.054. SICKLE CELL DISEASE TESTING AND COUNSELING. (a) A public health district or local health department shall provide testing services for sickle cell trait and sickle cell disease and related counseling services at no cost to any individual who requests those services. The public health district or local health department that provides the testing service shall inform the individual of the test results.

(b) A laboratory that is operated by, or under contract to, the department and that performs a screening test for sickle cell trait or sickle cell disease shall, on the request of an individual, provide the individual's sickle cell test results to any public health district, local health department, or health and human services agency that has been requested to provide services to the individual.

Sec. 33.055. GRANTS. (a) The program administrator may award grants to entities that participate in the activities listed in Sections 33.052(1)-(7).

(b) In awarding grants under this section, the program administrator shall give priority to an applicant that is:

(1) a qualified health center that partners with or intends to partner with a center that provides comprehensive sickle cell disease treatment; or

(2) 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) The program administrator shall award grants, if possible, to eligible organizations in different regions of this state.

(d) The department may 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.

Sec. 33.056. RULES. The executive commissioner may adopt rules to implement this subchapter.

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, 2011.