130th Ohio General Assembly
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H. B. No. 163  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 163


Representative Miller 

Cosponsors: Representatives Williams, S., Boyd, Book, Chandler 



A BILL
To amend sections 3701.131 and 3701.501 of the Revised Code to establish five Ohio Sickle Cell Anemia Comprehensive Treatment Centers.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3701.131 and 3701.501 of the Revised Code be amended to read as follows:
Sec. 3701.131. (A) The director of health shall do all of the following:
(A)(1) Encourage and assist in the development of programs of education and research pertaining to the causes, detection, and treatment of sickle cell disease and provide for rehabilitation and counseling of persons possessing the trait of or afflicted with this disease;
(B)(2) Advise, consult, cooperate with, and assist, by contract or otherwise, agencies of this state and the federal government, agencies of the governments of other states, agencies of political subdivisions of this state, and private organizations, corporations, and associations in the development and promotion of programs pertaining to the causes, detection, and treatment of sickle cell disease and rehabilitation and counseling of persons possessing the trait of or afflicted with this disease;
(C)(3) Accept and administer grants from the federal government or other sources, public or private, for carrying out any of the functions enumerated in divisions (A)(1) and (B)(2) of this section;
(D)(4) Submit a written report to the general assembly on or before the twenty-first day of August of each year outlining the receipt and disbursement of funds and the implementation and progress of various programs undertaken pursuant to division (A) of this section during the preceding fiscal year.
(B)(1) The director shall establish in this state five sickle cell anemia comprehensive treatment centers primarily for adult patients. Each center established under this division shall be designated an Ohio sickle cell comprehensive treatment center and shall be located at a hospital that is a primary teaching and research institution associated with a medical school.
(2) To have a sickle cell anemia comprehensive treatment center established under division (B) of this section a hospital must meet all of the following requirements:
(a) Demonstrate commitment to the care, management, and research of the disorder of sickle cell anemia and related conditions;
(b) Have uniform management plans for the hospital's emergency department care and inpatient care;
(c) Have established, prior to establishment of the comprehensive treatment center, an outpatient sickle cell anemia day hospital for alternative care of patients with sickle cell anemia;
(d) Have a collaborative agreement with at least one of the following:
(i) A community-based sickle-cell-anemia entity with experience working with individuals, especially adults, with sickle cell anemia;
(ii) A nonprofit entity with experience working with individuals, especially adults, with sickle cell anemia.
(3) If funds are appropriated for this purpose, the director shall annually distribute to each center established under division (B) of this section funds for a full-time dedicated nurse practitioner and social worker and partial salary support for a medical director who is authorized by the state medical board to practice medicine and surgery and osteopathic medicine and surgery.
Sec. 3701.501.  (A)(1) Except as provided in division (A)(2) of this section, all newborn children shall be screened for the presence of the genetic, endocrine, and metabolic disorders specified in rules, adopted pursuant to this section.
(2) Division (A)(1) of this section does not apply if the parents of the child object thereto on the grounds that the screening conflicts with their religious tenets and practices.
(B) There is hereby created the newborn screening advisory council to advise the director of health regarding the screening of newborn children for genetic, endocrine, and metabolic disorders. The council shall engage in an ongoing review of the newborn screening requirements established under this section and shall provide recommendations and reports to the director as the director requests and as the council considers necessary. The director may assign other duties to the council, as the director considers appropriate.
The council shall consist of fourteen members appointed by the director. In making appointments, the director shall select individuals and representatives of entities with interest and expertise in newborn screening, including such individuals and entities as health care professionals, hospitals, children's hospitals, regional genetic centers, regional sickle cell centers, newborn screening coordinators, and members of the public.
The department of health shall provide meeting space, staff services, and other technical assistance required by the council in carrying out its duties. Members of the council shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in attending meetings of the council or performing assignments for the council.
The council is not subject to sections 101.82 to 101.87 of the Revised Code.
(C)(1) The director of health shall adopt rules in accordance with Chapter 119. of the Revised Code specifying the disorders for which each newborn child must be screened.
(2) The newborn screening advisory council shall evaluate genetic, metabolic, and endocrine disorders to assist the director in determining which disorders should be included in the screenings required under this section. In determining whether a disorder should be included, the council shall consider all of the following:
(a) The disorder's incidence, mortality, and morbidity;
(b) Whether the disorder causes disability if diagnosis, treatment, and early intervention are delayed;
(c) The potential for successful treatment of the disorder;
(d) The expected benefits to children and society in relation to the risks and costs associated with screening for the disorder;
(e) Whether a screening for the disorder can be conducted without taking an additional blood sample or specimen.
(3) Based on the considerations specified in division (C)(2) of this section, the council shall make recommendations to the director of health for the adoption of rules under division (C)(1) of this section. The director shall promptly and thoroughly review each recommendation the council submits.
(D) The director shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standards and procedures for the screenings required by this section. The rules shall include standards and procedures for all of the following:
(1) Causing rescreenings to be performed when initial screenings have abnormal results;
(2) Designating the person or persons who will be responsible for causing screenings and rescreenings to be performed;
(3) Giving to the parents of a child notice of the required initial screening and the possibility that rescreenings may be necessary;
(4) Communicating to the parents of a child the results of the child's screening and any rescreenings that are performed;
(5) Giving notice of the results of an initial screening and any rescreenings to the person who caused the child to be screened or rescreened, or to another person or government entity when the person who caused the child to be screened or rescreened cannot be contacted;
(6) Referring children who receive abnormal screening or rescreening results to providers of follow-up services, including the services made available through funds disbursed under division (F) of this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of this section, all newborn screenings required by this section shall be performed by the public health laboratory authorized under section 3701.22 of the Revised Code.
(2) If the director determines that the public health laboratory is unable to perform screenings for all of the disorders specified in the rules adopted under division (C) of this section, the director shall select another laboratory to perform the screenings. The director shall select the laboratory by issuing a request for proposals. The director may accept proposals submitted by laboratories located outside this state. At the conclusion of the selection process, the director shall enter into a written contract with the selected laboratory. If the director determines that the laboratory is not complying with the terms of the contract, the director shall immediately terminate the contract and another laboratory shall be selected and contracted with in the same manner.
(3) Any rescreening caused to be performed pursuant to this section may be performed by the public health laboratory or one or more other laboratories designated by the director. Any laboratory the director considers qualified to perform rescreenings may be designated, including a laboratory located outside this state. If more than one laboratory is designated, the person responsible for causing a rescreening to be performed is also responsible for selecting the laboratory to be used.
(F)(1) The director shall adopt rules in accordance with Chapter 119. of the Revised Code establishing a fee that shall be charged and collected in addition to or in conjunction with any laboratory fee that is charged and collected for performing the screenings required by this section. The fee, which shall be not less than fourteen dollars, shall be disbursed as follows:
(a) Not less than ten dollars and twenty-five cents shall be deposited in the state treasury to the credit of the genetics services fund, which is hereby created. Not less than seven dollars and twenty-five cents of each fee credited to the genetics services fund shall be used to defray the costs of the programs authorized by section 3701.502 of the Revised Code. Not less than three dollars from each fee credited to the genetics services fund shall be used to defray costs of phenylketonuria programs.
(b) Not less than three dollars and seventy-five cents shall be deposited into the state treasury to the credit of the sickle cell fund, which is hereby created. Money credited to the sickle cell fund shall be used to defray costs of programs authorized by division (A) of section 3701.131 of the Revised Code.
(2) In adopting rules under division (F)(1) of this section, the director shall not establish a fee that differs according to whether a screening is performed by the public health laboratory or by another laboratory selected by the director pursuant to division (E)(2) of this section.
Section 2. That existing sections 3701.131 and 3701.501 of the Revised Code are hereby repealed.
Section 3. The General Assembly finds that establishment of Ohio Sickle Cell Comprehensive Treatment Centers, as required by this act's amendment of section 3701.131 of the Revised Code, is likely to reduce the cost of treating a patient with sickle cell anemia and that this cost was, on average in 2004, $6,223 per hospitalization of a patient with sickle cell anemia.
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