85R4901 DMS-D
By: Meyer H.B. No. 1067
A BILL TO BE ENTITLED
AN ACT
relating to newborn screening tests for adrenoleukodystrophy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 33, Health and Safety
Code, is amended to read as follows:
CHAPTER 33. ADRENOLEUKODYSTROPHY, PHENYLKETONURIA, OTHER HERITABLE
DISEASES, HYPOTHYROIDISM, AND CERTAIN OTHER DISORDERS
SECTION 2. Section 33.001, Health and Safety Code, is
amended to read as follows:
Sec. 33.001. DEFINITIONS. In this chapter:
(1) "Adrenoleukodystrophy" means an inherited
condition that results in an abnormality in the structure or
function of the brain and causes severe, life-threatening symptoms.
(2) "Birthing facility" means an inpatient or
ambulatory health care facility that offers obstetrical or newborn
care services. The term includes:
(A) a hospital licensed under Chapter 241 that
offers obstetrical services;
(B) a birthing center licensed under Chapter 244;
(C) a children's hospital; or
(D) a facility that provides obstetrical
services and is maintained and operated by this state or an agency
of this state.
(3) [(1-a)] "Critical congenital heart disease" means
an abnormality in the structure or function of the heart that exists
at birth, causes severe, life-threatening symptoms, and requires
medical intervention within the first few hours, days, or months of
life.
(4) [(1-b)] "Heritable disease" means an inherited
disease that may result in intellectual [mental] or physical
disability [retardation] or death.
(5) [(2)] "Hypothyroidism" means a condition that may
cause severe intellectual disability [mental retardation] if not
treated.
(6) [(3)] "Other benefit" means a benefit, other than
a benefit under this chapter, to which an individual is entitled for
the payment of the costs of services. The term includes:
(A) benefits available under:
(i) an insurance policy, group health plan,
or prepaid medical care plan;
(ii) Title XVIII of the Social Security Act
(42 U.S.C. Section 1395 et seq.);
(iii) Title XIX of the Social Security Act
(42 U.S.C. Section 1396 et seq.);
(iv) the United States Department of
Veterans Affairs;
(v) the TRICARE program of the United
States Department of Defense; or
(vi) workers' compensation or any other
compulsory employers insurance program;
(B) a public program created by federal or state
law or by ordinance or rule of a municipality or political
subdivision of the state, except those benefits created by the
establishment of a municipal or county hospital, a joint
municipal-county hospital, a county hospital authority, a hospital
district, or by the facilities of a publicly supported medical
school; and
(C) benefits resulting from a cause of action for
health care expenses, or a settlement or judgment based on the cause
of action, if the expenses are related to the need for services
provided under this chapter.
(7) [(4)] "Phenylketonuria" means an inherited
condition that may cause severe intellectual disability [mental
retardation] if not treated.
(8) [(5)] "Screening test" means a rapid analytical
procedure to determine the need for further diagnostic evaluation.
SECTION 3. Sections 33.002(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) The department shall carry out a program to combat
morbidity, including intellectual disability [mental retardation],
and mortality in persons who have adrenoleukodystrophy,
phenylketonuria, other heritable diseases, or hypothyroidism.
(c) The department shall establish and maintain a
laboratory to:
(1) conduct experiments, projects, and other
activities necessary to develop screening or diagnostic tests for
the early detection of adrenoleukodystrophy, phenylketonuria,
other heritable diseases, and hypothyroidism;
(2) develop ways and means or discover methods to be
used to prevent or treat adrenoleukodystrophy, phenylketonuria,
other heritable diseases, and hypothyroidism; and
(3) serve other purposes considered necessary by the
department to carry out the program.
SECTION 4. Section 33.011(a), Health and Safety Code, is
amended to read as follows:
(a) The physician attending a newborn child or the person
attending the delivery of a newborn child that is not attended by a
physician shall cause the child to be subjected to screening tests
approved by the department for adrenoleukodystrophy,
phenylketonuria, other heritable diseases, hypothyroidism, and
other disorders for which screening is required by the department.
SECTION 5. Section 33.014(a), Health and Safety Code, is
amended to read as follows:
(a) If, because of an analysis of a specimen submitted under
Section 33.011, the department reasonably suspects that a newborn
child may have adrenoleukodystrophy, phenylketonuria, another
heritable disease, hypothyroidism, or another disorder for which
the screening tests are required, the department shall notify the
person who submits the specimen that the results are abnormal and
provide the test results to that person. The department may notify
one or more of the following that the results of the analysis are
abnormal and recommend further testing when necessary:
(1) the physician attending the newborn child or the
physician's designee;
(2) the person attending the delivery of the newborn
child that was not attended by a physician;
(3) the parents of the newborn child;
(4) the health authority of the jurisdiction in which
the newborn child was born or in which the child resides, if known;
or
(5) physicians who are cooperating pediatric
specialists for the program.
SECTION 6. Section 33.031(a), Health and Safety Code, is
amended to read as follows:
(a) All newborn children and other individuals under 21
years of age who have been screened, have been found to be
presumptively positive through the newborn screening program for
adrenoleukodystrophy, phenylketonuria, other heritable diseases,
hypothyroidism, or another disorder for which the screening tests
are required, and may be financially eligible may be referred to the
department's services program for children with special health care
needs.
SECTION 7. Section 33.032(a), Health and Safety Code, is
amended to read as follows:
(a) Within the limits of funds available for this purpose
and in cooperation with the individual's physician, the department
may provide services directly or through approved providers to
individuals of any age who meet the eligibility criteria specified
by department rules on the confirmation of a positive test for
adrenoleukodystrophy, phenylketonuria, other heritable diseases,
hypothyroidism, or another disorder for which the screening tests
are required.
SECTION 8. The heading to Chapter 1359, Insurance Code, is
amended to read as follows:
CHAPTER 1359. FORMULAS FOR INDIVIDUALS WITH ADRENOLEUKODYSTROPHY,
PHENYLKETONURIA, OR OTHER HERITABLE DISEASES
SECTION 9. Section 1359.001, Insurance Code, is amended to
read as follows:
Sec. 1359.001. DEFINITIONS. In this chapter:
(1) "Adrenoleukodystrophy" means an inherited
condition that results in an abnormality in the structure or
function of the brain and causes severe, life-threatening symptoms.
(2) "Heritable disease" means an inherited disease
that may result in intellectual [mental] or physical disability
[retardation] or death.
(3) [(2)] "Phenylketonuria" means an inherited
condition that, if not treated, may cause severe intellectual
disability [mental retardation].
SECTION 10. Section 1359.003(a), Insurance Code, is amended
to read as follows:
(a) A group health benefit plan must provide coverage for
formulas necessary to treat adrenoleukodystrophy, phenylketonuria,
or a heritable disease.
SECTION 11. Section 203.355(c), Occupations Code, is
amended to read as follows:
(c) The laboratory services must include the performance of
the standard serological tests for syphilis and the collection of
blood specimens for newborn screening tests for
adrenoleukodystrophy, phenylketonuria, hypothyroidism, and other
heritable diseases as required by law.
SECTION 12. As soon as practicable after the effective date
of this Act, the Department of State Health Services shall
implement the changes in law made by this Act to the newborn
screening program under Chapter 33, Health and Safety Code.
SECTION 13. This Act takes effect September 1, 2017.