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H. B. No. 163 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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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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