Texas 2017 - 85th Regular

Texas House Bill HB1067 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4901 DMS-D
2	2	By: Meyer H.B. No. 1067
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to newborn screening tests for adrenoleukodystrophy.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Chapter 33, Health and Safety
10	10	Code, is amended to read as follows:
11	11	CHAPTER 33. ADRENOLEUKODYSTROPHY, PHENYLKETONURIA, OTHER HERITABLE
12	12	DISEASES, HYPOTHYROIDISM, AND CERTAIN OTHER DISORDERS
13	13	SECTION 2. Section 33.001, Health and Safety Code, is
14	14	amended to read as follows:
15	15	Sec. 33.001. DEFINITIONS. In this chapter:
16	16	(1) "Adrenoleukodystrophy" means an inherited
17	17	condition that results in an abnormality in the structure or
18	18	function of the brain and causes severe, life-threatening symptoms.
19	19	(2) "Birthing facility" means an inpatient or
20	20	ambulatory health care facility that offers obstetrical or newborn
21	21	care services. The term includes:
22	22	(A) a hospital licensed under Chapter 241 that
23	23	offers obstetrical services;
24	24	(B) a birthing center licensed under Chapter 244;
25	25	(C) a children's hospital; or
26	26	(D) a facility that provides obstetrical
27	27	services and is maintained and operated by this state or an agency
28	28	of this state.
29	29	(3) [(1-a)] "Critical congenital heart disease" means
30	30	an abnormality in the structure or function of the heart that exists
31	31	at birth, causes severe, life-threatening symptoms, and requires
32	32	medical intervention within the first few hours, days, or months of
33	33	life.
34	34	(4) [(1-b)] "Heritable disease" means an inherited
35	35	disease that may result in intellectual [mental] or physical
36	36	disability [retardation] or death.
37	37	(5) [(2)] "Hypothyroidism" means a condition that may
38	38	cause severe intellectual disability [mental retardation] if not
39	39	treated.
40	40	(6) [(3)] "Other benefit" means a benefit, other than
41	41	a benefit under this chapter, to which an individual is entitled for
42	42	the payment of the costs of services. The term includes:
43	43	(A) benefits available under:
44	44	(i) an insurance policy, group health plan,
45	45	or prepaid medical care plan;
46	46	(ii) Title XVIII of the Social Security Act
47	47	(42 U.S.C. Section 1395 et seq.);
48	48	(iii) Title XIX of the Social Security Act
49	49	(42 U.S.C. Section 1396 et seq.);
50	50	(iv) the United States Department of
51	51	Veterans Affairs;
52	52	(v) the TRICARE program of the United
53	53	States Department of Defense; or
54	54	(vi) workers' compensation or any other
55	55	compulsory employers insurance program;
56	56	(B) a public program created by federal or state
57	57	law or by ordinance or rule of a municipality or political
58	58	subdivision of the state, except those benefits created by the
59	59	establishment of a municipal or county hospital, a joint
60	60	municipal-county hospital, a county hospital authority, a hospital
61	61	district, or by the facilities of a publicly supported medical
62	62	school; and
63	63	(C) benefits resulting from a cause of action for
64	64	health care expenses, or a settlement or judgment based on the cause
65	65	of action, if the expenses are related to the need for services
66	66	provided under this chapter.
67	67	(7) [(4)] "Phenylketonuria" means an inherited
68	68	condition that may cause severe intellectual disability [mental
69	69	retardation] if not treated.
70	70	(8) [(5)] "Screening test" means a rapid analytical
71	71	procedure to determine the need for further diagnostic evaluation.
72	72	SECTION 3. Sections 33.002(a) and (c), Health and Safety
73	73	Code, are amended to read as follows:
74	74	(a) The department shall carry out a program to combat
75	75	morbidity, including intellectual disability [mental retardation],
76	76	and mortality in persons who have adrenoleukodystrophy,
77	77	phenylketonuria, other heritable diseases, or hypothyroidism.
78	78	(c) The department shall establish and maintain a
79	79	laboratory to:
80	80	(1) conduct experiments, projects, and other
81	81	activities necessary to develop screening or diagnostic tests for
82	82	the early detection of adrenoleukodystrophy, phenylketonuria,
83	83	other heritable diseases, and hypothyroidism;
84	84	(2) develop ways and means or discover methods to be
85	85	used to prevent or treat adrenoleukodystrophy, phenylketonuria,
86	86	other heritable diseases, and hypothyroidism; and
87	87	(3) serve other purposes considered necessary by the
88	88	department to carry out the program.
89	89	SECTION 4. Section 33.011(a), Health and Safety Code, is
90	90	amended to read as follows:
91	91	(a) The physician attending a newborn child or the person
92	92	attending the delivery of a newborn child that is not attended by a
93	93	physician shall cause the child to be subjected to screening tests
94	94	approved by the department for adrenoleukodystrophy,
95	95	phenylketonuria, other heritable diseases, hypothyroidism, and
96	96	other disorders for which screening is required by the department.
97	97	SECTION 5. Section 33.014(a), Health and Safety Code, is
98	98	amended to read as follows:
99	99	(a) If, because of an analysis of a specimen submitted under
100	100	Section 33.011, the department reasonably suspects that a newborn
101	101	child may have adrenoleukodystrophy, phenylketonuria, another
102	102	heritable disease, hypothyroidism, or another disorder for which
103	103	the screening tests are required, the department shall notify the
104	104	person who submits the specimen that the results are abnormal and
105	105	provide the test results to that person. The department may notify
106	106	one or more of the following that the results of the analysis are
107	107	abnormal and recommend further testing when necessary:
108	108	(1) the physician attending the newborn child or the
109	109	physician's designee;
110	110	(2) the person attending the delivery of the newborn
111	111	child that was not attended by a physician;
112	112	(3) the parents of the newborn child;
113	113	(4) the health authority of the jurisdiction in which
114	114	the newborn child was born or in which the child resides, if known;
115	115	or
116	116	(5) physicians who are cooperating pediatric
117	117	specialists for the program.
118	118	SECTION 6. Section 33.031(a), Health and Safety Code, is
119	119	amended to read as follows:
120	120	(a) All newborn children and other individuals under 21
121	121	years of age who have been screened, have been found to be
122	122	presumptively positive through the newborn screening program for
123	123	adrenoleukodystrophy, phenylketonuria, other heritable diseases,
124	124	hypothyroidism, or another disorder for which the screening tests
125	125	are required, and may be financially eligible may be referred to the
126	126	department's services program for children with special health care
127	127	needs.
128	128	SECTION 7. Section 33.032(a), Health and Safety Code, is
129	129	amended to read as follows:
130	130	(a) Within the limits of funds available for this purpose
131	131	and in cooperation with the individual's physician, the department
132	132	may provide services directly or through approved providers to
133	133	individuals of any age who meet the eligibility criteria specified
134	134	by department rules on the confirmation of a positive test for
135	135	adrenoleukodystrophy, phenylketonuria, other heritable diseases,
136	136	hypothyroidism, or another disorder for which the screening tests
137	137	are required.
138	138	SECTION 8. The heading to Chapter 1359, Insurance Code, is
139	139	amended to read as follows:
140	140	CHAPTER 1359. FORMULAS FOR INDIVIDUALS WITH ADRENOLEUKODYSTROPHY,
141	141	PHENYLKETONURIA, OR OTHER HERITABLE DISEASES
142	142	SECTION 9. Section 1359.001, Insurance Code, is amended to
143	143	read as follows:
144	144	Sec. 1359.001. DEFINITIONS. In this chapter:
145	145	(1) "Adrenoleukodystrophy" means an inherited
146	146	condition that results in an abnormality in the structure or
147	147	function of the brain and causes severe, life-threatening symptoms.
148	148	(2) "Heritable disease" means an inherited disease
149	149	that may result in intellectual [mental] or physical disability
150	150	[retardation] or death.
151	151	(3) [(2)] "Phenylketonuria" means an inherited
152	152	condition that, if not treated, may cause severe intellectual
153	153	disability [mental retardation].
154	154	SECTION 10. Section 1359.003(a), Insurance Code, is amended
155	155	to read as follows:
156	156	(a) A group health benefit plan must provide coverage for
157	157	formulas necessary to treat adrenoleukodystrophy, phenylketonuria,
158	158	or a heritable disease.
159	159	SECTION 11. Section 203.355(c), Occupations Code, is
160	160	amended to read as follows:
161	161	(c) The laboratory services must include the performance of
162	162	the standard serological tests for syphilis and the collection of
163	163	blood specimens for newborn screening tests for
164	164	adrenoleukodystrophy, phenylketonuria, hypothyroidism, and other
165	165	heritable diseases as required by law.
166	166	SECTION 12. As soon as practicable after the effective date
167	167	of this Act, the Department of State Health Services shall
168	168	implement the changes in law made by this Act to the newborn
169	169	screening program under Chapter 33, Health and Safety Code.
170	170	SECTION 13. This Act takes effect September 1, 2017.