82R13381 YDB-D
By: Fletcher H.B. No. 2648
A BILL TO BE ENTITLED
AN ACT
relating to the reestablishment of the Texas Bleeding Disorders
Advisory Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 103A to read as follows:
CHAPTER 103A. TEXAS BLEEDING DISORDERS ADVISORY COUNCIL
Sec. 103A.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the commissioner of state
health services.
(2) "Council" means the Texas Bleeding Disorders
Advisory Council.
(3) "Department" means the Department of State Health
Services.
(4) "Hemophilia" has the meaning assigned by Section
41.001.
Sec. 103A.002. COMPOSITION OF COUNCIL. (a) The council is
composed of:
(1) the commissioner and the commissioner of
insurance, or their designees, serving as nonvoting members; and
(2) 10 voting members jointly appointed by the
commissioner and the commissioner of insurance as follows:
(A) one member who is a physician licensed to
practice medicine in this state under Subtitle B, Title 3,
Occupations Code, who at the time of appointment treats individuals
with hemophilia or other bleeding or clotting disorders;
(B) one member who is a nurse licensed under
Chapter 301, Occupations Code, who at the time of appointment
treats individuals with hemophilia or other bleeding or clotting
disorders;
(C) one member who is a social worker licensed
under Chapter 505, Occupations Code, who at the time of appointment
treats individuals with hemophilia or other bleeding or clotting
disorders;
(D) one member who is a representative of a
hemophilia treatment center in this state that is federally funded;
(E) one member who is a representative of a
health insurer or other health benefit plan issuer that holds a
certificate of authority issued by the Texas Department of
Insurance;
(F) one member who is a representative of a
volunteer or nonprofit health organization that serves residents of
this state who have hemophilia or another bleeding or clotting
disorder;
(G) one member who has hemophilia or is a
caregiver of a person with hemophilia;
(H) one member who has a bleeding disorder other
than hemophilia or is a caregiver of a person with a bleeding
disorder other than hemophilia;
(I) one member who has a clotting disorder or is a
caregiver of a person with a clotting disorder; and
(J) one member who is a pharmacist licensed under
Subtitle J, Title 3, Occupations Code, with hemophilia therapy
experience, who at the time of appointment represents a pharmacy
provider that is not a specialty pharmacy provider participating in
the Drug Pricing Program under Section 340B, Public Health Service
Act (42 U.S.C. Section 256b).
(b) In addition to council members appointed under
Subsection (a), the commissioner and the commissioner of insurance
may jointly appoint up to five nonvoting members, including:
(1) persons with hemophilia or other bleeding or
clotting disorders or caregivers of persons with hemophilia or
other bleeding or clotting disorders; and
(2) persons experienced in the diagnosis, treatment,
care, and support of persons with hemophilia or other bleeding or
clotting disorders.
Sec. 103A.003. VACANCY. If a vacancy occurs on the council,
the commissioner and the commissioner of insurance shall jointly
appoint a person to serve for the remainder of the unexpired term.
Sec. 103A.004. PRESIDING OFFICER. Council members shall
elect from among the voting council members a presiding officer.
The presiding officer retains all voting rights.
Sec. 103A.005. COMPENSATION AND REIMBURSEMENT. A council
member may not:
(1) receive compensation for service on the council;
and
(2) be reimbursed for actual and necessary expenses
incurred while performing council business except to the extent
that money available under Section 103A.009 is designated for that
purpose.
Sec. 103A.006. MEETINGS. The council shall meet at least
quarterly and at the call of the commissioner or presiding officer.
Sec. 103A.007. DUTIES OF COUNCIL. The council shall
conduct studies and advise the department, the Health and Human
Services Commission, and the Texas Department of Insurance on
issues that affect the health and wellness of persons living with
hemophilia or other bleeding or clotting disorders, including:
(1) legislative or administrative changes to policies
and programs that affect the health and wellness of persons with
hemophilia or other bleeding or clotting disorders, including
policies and programs regarding access to appropriate health
insurance or similar health coverage;
(2) legislative or administrative changes to policies
and programs that affect product-specific reimbursement to
providers, including policies and programs regarding new payment
methods for:
(A) anti-hemophilia factor that include various
reimbursement methodologies for products dispensed under the
Medicaid program; or
(B) other appropriate treatment;
(3) best practices in standards of care and treatment
for persons with hemophilia or other bleeding or clotting
disorders;
(4) the establishment of community-based initiatives
to disseminate information on services and related activities
available for persons living with hemophilia or other bleeding or
clotting disorders to the medical and health care community, the
academic community, primary caregivers, advocacy associations, and
the public; and
(5) the coordination of public and private support
networking systems for persons living with hemophilia or other
bleeding or clotting disorders and primary caregivers.
Sec. 103A.008. ANNUAL REPORTS BY COUNCIL AND COMMISSIONER.
(a) Not later than December 1 of each even-numbered year, the
council shall submit a report of its findings and recommendations
to the governor, the lieutenant governor, and the speaker of the
house of representatives. The council's report must be made public
and is subject to public review and comment before adoption by the
council.
(b) Not later than six months after the date the council's
annual report is issued, the commissioner shall report on efforts
to implement the recommendations in the report. The commissioner's
annual report must:
(1) be made available to the public; and
(2) include any related state or national activities
in which the council participates.
Sec. 103A.009. GIFTS, GRANTS, AND DONATIONS. The
commissioner may accept for the council gifts, grants, and
donations to fulfill the council's purposes and duties under this
chapter. The department is not required to perform any
fund-raising activities or to solicit donations for the council.
Sec. 103A.010. CERTAIN FUNDING PROHIBITED. The council may
not accept any funds that are appropriated by the legislature and
designated for the treatment of hemophilia or other bleeding or
clotting disorders.
Sec. 103A.011. ADMINISTRATIVE SUPPORT. The department
shall provide reasonably necessary administrative support for
council activities.
Sec. 103A.012. EXPIRATION. This chapter expires and the
council is abolished September 1, 2015.
SECTION 2. As soon as practicable after the effective date
of this Act and not later than December 1, 2011, the commissioner of
state health services and the commissioner of insurance shall
jointly appoint members to the Texas Bleeding Disorders Advisory
Council as required by Section 103A.002, Health and Safety Code, as
added by this Act.
SECTION 3. 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.