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A BILL TO BE ENTITLED
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AN ACT
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relating to the reestablishment of the Texas Bleeding Disorders |
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Advisory Council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 2, Health and Safety Code, is |
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amended by adding Chapter 103A to read as follows: |
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CHAPTER 103A. TEXAS BLEEDING DISORDERS ADVISORY COUNCIL |
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Sec. 103A.001. DEFINITIONS. In this chapter: |
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(1) "Commissioner" means the commissioner of state |
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health services. |
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(2) "Council" means the Texas Bleeding Disorders |
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Advisory Council. |
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(3) "Department" means the Department of State Health |
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Services. |
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(4) "Hemophilia" has the meaning assigned by Section |
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41.001. |
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Sec. 103A.002. COMPOSITION OF COUNCIL. (a) The council is |
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composed of: |
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(1) the commissioner and the commissioner of |
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insurance, or their designees, serving as nonvoting members; and |
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(2) 10 voting members jointly appointed by the |
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commissioner and the commissioner of insurance as follows: |
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(A) one member who is a physician licensed to |
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practice medicine in this state under Subtitle B, Title 3, |
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Occupations Code, who at the time of appointment treats individuals |
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with hemophilia or other bleeding or clotting disorders; |
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(B) one member who is a nurse licensed under |
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Chapter 301, Occupations Code, who at the time of appointment |
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treats individuals with hemophilia or other bleeding or clotting |
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disorders; |
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(C) one member who is a social worker licensed |
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under Chapter 505, Occupations Code, who at the time of appointment |
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treats individuals with hemophilia or other bleeding or clotting |
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disorders; |
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(D) two members who are representatives of |
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hemophilia treatment centers in this state, at least one of which is |
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federally funded; |
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(E) one member who is a representative of a |
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health insurer or other health benefit plan issuer that holds a |
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certificate of authority issued by the Texas Department of |
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Insurance; |
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(F) one member who is a representative of a |
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volunteer or nonprofit health organization that serves residents of |
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this state who have hemophilia or another bleeding or clotting |
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disorder; |
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(G) one member who has hemophilia or is a |
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caregiver of a person with hemophilia; |
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(H) one member who has a bleeding disorder other |
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than hemophilia or is a caregiver of a person with a bleeding |
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disorder other than hemophilia; and |
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(I) one member who has a clotting disorder or is a |
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caregiver of a person with a clotting disorder. |
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(b) In addition to council members appointed under |
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Subsection (a), the commissioner and the commissioner of insurance |
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may jointly appoint up to five nonvoting members, including: |
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(1) persons with hemophilia or other bleeding or |
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clotting disorders or caregivers of persons with hemophilia or |
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other bleeding or clotting disorders; and |
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(2) persons experienced in the diagnosis, treatment, |
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care, and support of persons with hemophilia or other bleeding or |
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clotting disorders. |
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Sec. 103A.003. VACANCY. If a vacancy occurs on the council, |
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the commissioner and the commissioner of insurance shall jointly |
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appoint a person to serve for the remainder of the unexpired term. |
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Sec. 103A.004. PRESIDING OFFICER. Council members shall |
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elect from among the voting council members a presiding officer. |
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The presiding officer retains all voting rights. |
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Sec. 103A.005. COMPENSATION AND REIMBURSEMENT. A council |
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member may not receive compensation for service on the council, but |
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may be reimbursed for actual and necessary expenses incurred while |
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performing council business. |
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Sec. 103A.006. MEETINGS. The council shall meet at least |
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quarterly and at the call of the commissioner or presiding officer. |
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Sec. 103A.007. DUTIES OF COUNCIL. The council shall |
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conduct studies and advise the department, the Health and Human |
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Services Commission, and the Texas Department of Insurance on |
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issues that affect the health and wellness of persons living with |
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hemophilia or other bleeding or clotting disorders, including: |
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(1) legislative or administrative changes to policies |
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and programs that affect the health and wellness of persons with |
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hemophilia or other bleeding or clotting disorders, including |
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policies and programs regarding access to appropriate health |
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insurance or similar health coverage; |
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(2) legislative or administrative changes to policies |
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and programs that affect product-specific reimbursement to |
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providers, including policies and programs regarding new payment |
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methods for: |
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(A) anti-hemophilia factor that include various |
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reimbursement methodologies for products dispensed under the |
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Medicaid program; or |
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(B) other appropriate treatment; |
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(3) best practices in standards of care and treatment |
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for persons with hemophilia or other bleeding or clotting |
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disorders; |
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(4) the establishment of community-based initiatives |
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to disseminate information on services and related activities |
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available for persons living with hemophilia or other bleeding or |
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clotting disorders to the medical and health care community, the |
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academic community, primary caregivers, advocacy associations, and |
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the public; and |
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(5) the coordination of public and private support |
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networking systems for persons living with hemophilia or other |
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bleeding or clotting disorders and primary caregivers. |
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Sec. 103A.008. ANNUAL REPORTS BY COUNCIL AND COMMISSIONER. |
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(a) Not later than December 1 of each even-numbered year, the |
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council shall submit a report of its findings and recommendations |
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to the governor, the lieutenant governor, and the speaker of the |
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house of representatives. The council's report must be made public |
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and is subject to public review and comment before adoption by the |
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council. |
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(b) Not later than six months after the date the council's |
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annual report is issued, the commissioner shall report on efforts |
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to implement the recommendations in the report. The commissioner's |
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annual report must: |
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(1) be made available to the public; and |
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(2) include any related state or national activities |
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in which the council participates. |
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Sec. 103A.009. GIFTS, GRANTS, AND DONATIONS. The |
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commissioner may accept for the council gifts, grants, and |
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donations to fulfill the council's purposes and duties under this |
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chapter. |
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Sec. 103A.010. CERTAIN FUNDING PROHIBITED. The council may |
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not accept any funds that are appropriated by the legislature and |
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designated for the treatment of hemophilia or other bleeding or |
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clotting disorders. |
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Sec. 103A.011. ADMINISTRATIVE SUPPORT. The department |
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shall provide reasonably necessary administrative support for |
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council activities. |
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Sec. 103A.012. EXPIRATION. This chapter expires and the |
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council is abolished September 1, 2015. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act and not later than December 1, 2011, the commissioner of |
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state health services and the commissioner of insurance shall |
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jointly appoint members to the Texas Bleeding Disorders Advisory |
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Council as required by Section 103A.002, Health and Safety Code, as |
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added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |