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.