HBA-NRS C.S.H.B. 3572 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3572
By: George
Public Health
4/10/2001
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Each year thousands of individuals in the United States are diagnosed with
fatal blood-related diseases, such as leukemia, lymphoma, aplastic anemia,
and deficiencies of the immune system. A majority of such cases are treated
through bone marrow transplants, yet approximately 10,000 to 15,000
Americans each year who need a bone marrow transplant are unable to find
suitable donors. In lieu of a bone marrow transplant, umbilical cord blood,
which is rich in stem cells, may be used to treat a variety of these fatal
blood-related diseases. Unfortunately, treatment by umbilical cord blood is
not always an option because of the lack of facilities, problematic
collection procedures, and costs associated with testing, processing, and
storage. C.S.H.B. 3572 establishes a grant program for the establishment of
an umbilical cord blood bank in Texas. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of health and human
services in SECTIONS 2 and 3 of this bill. 

ANALYSIS

C.S.H.B. 3572 requires the Health and Human Services Commission (HHSC),
subject to available funds, to establish a grant program for the
establishment of an umbilical cord blood bank for recipients of blood and
blood components who are unrelated to the donors of the blood. The bill
requires the commissioner of health and human services (commissioner) by
rule to establish eligibility criteria for awarding the grant. In awarding
the grant, the bill requires HHSC to consider the ability, experience, and
commitment of the grant applicant to operate and maintain such a facility.
The bill provides that a grant recipient must enter into a contract under
which the recipient agrees to operate and maintain an unrelated donor
umbilical cord blood bank for eight years, to gather, collect, and preserve
umbilical cord blood only from live births, and to comply with financial
and reporting requirements imposed on the recipient under rules adopted by
the commissioner. The bill requires the commissioner to adopt rules
necessary to implement the Act not later than January 1, 2002. An awarded
grant is governed by provisions regarding uniform grant and contract
management and rules adopted under these provisions. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3572 modifies the original bill to require the commissioner of
health and human services (commissioner), rather than the Health and Human
Services Commission (HHSC), to establish eligibility criteria for awarding
a grant to establish an umbilical cord blood bank. The substitute includes
the provision that a grant recipient gather, collect, and preserve
umbilical cord blood only from live births. The substitute provides that a
recipient comply with financial and reporting requirements imposed by the
commissioner, rather than the board. The substitute requires the
commissioner, rather than the board, to adopt rules necessary to implement
the Act not later than January 1, 2002.