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A BILL TO BE ENTITLED
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AN ACT
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relating to newborn screening and the newborn screening |
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preservation account. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.004(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) The executive commissioner by rule shall [may] |
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establish the amounts charged for newborn screening fees, including |
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fees assessed for follow-up services, tracking confirmatory |
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testing, and diagnosis. In adopting rules under this subsection, |
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the executive commissioner shall ensure that amounts charged for |
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newborn screening fees are sufficient to cover the costs of |
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performing the screening. |
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SECTION 2. Chapter 33, Health and Safety Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. NEWBORN SCREENING PRESERVATION ACCOUNT |
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Sec. 33.051. DEFINITION. In this subchapter, "account" |
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means the newborn screening preservation account established under |
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Section 33.052. |
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Sec. 33.052. CREATION OF ACCOUNT. (a) The newborn |
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screening preservation account is a dedicated account in the |
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general revenue fund. Money in the account may be appropriated only |
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to the department and only for the purpose of carrying out the |
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newborn screening program established under this chapter. |
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(b) On November 1 of each year, the comptroller shall |
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transfer to the account any unexpended and unencumbered money from |
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Medicaid reimbursements collected by the department for newborn |
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screening services during the preceding state fiscal year. |
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(c) The account is composed of: |
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(1) money transferred to the account under Subsection |
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(b); |
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(2) gifts, grants, donations, and legislative |
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appropriations; and |
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(3) interest earned on the investment of money in the |
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account. |
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(d) Section 403.0956, Government Code, does not apply to the |
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account. |
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(e) The department administers the account. The department |
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may solicit and receive gifts, grants, and donations from any |
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source for the benefit of the account. |
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Sec. 33.053. DEDICATED USE. (a) The department may use any |
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money remaining in the account after paying the costs of operating |
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the newborn screening program established under this chapter only |
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to: |
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(1) pay the costs of offering additional newborn |
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screening tests not offered under this chapter before September 1, |
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2019, including the operational costs incurred during the first |
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year of implementing the additional tests; and |
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(2) pay for capital assets, equipment, and renovations |
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for the laboratory established by the department to ensure the |
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continuous operation of the newborn screening program. |
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(b) The department may not use money from the account for |
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the department's general operating expenses. |
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Sec. 33.054. REPORT. If the department requires an |
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additional newborn screening test under Subchapter B the costs of |
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which are funded with money appropriated from the newborn screening |
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preservation account, the department shall, not later than December |
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31 of the first even-numbered year following the addition of the |
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test, prepare and submit a written report regarding the actions |
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taken by the department to fund and implement the test during the |
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preceding two years to: |
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(1) the governor; |
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(2) the lieutenant governor; |
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(3) the speaker of the house of representatives; and |
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(4) each standing committee of the legislature having |
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primary jurisdiction over the department. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules as necessary to implement the |
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changes in law made by this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |