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Sub. H. B. No. 100 As Reported by the House Health and Aging CommitteeAs Reported by the House Health and Aging Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Szollosi, Antonio, Yuko, Reece, Letson, Milkovich, Winburn, Foley, Heard, Hagan, R., Murray, Weddington, Fedor, Mallory, Barnes, Carney, Garland, Ramos
A BILL
To enact sections 3701.77, 3701.771, 3701.772,
3701.773, 3701.774, and 3701.775 of the Revised
Code to authorize the Department of Health to
create the Lupus Education and Awareness Program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3701.77, 3701.771, 3701.772,
3701.773, 3701.774, and 3701.775 of the Revised Code be enacted to
read as follows:
Sec. 3701.77. (A) The department of health may establish,
promote, and maintain a lupus education and awareness program with
an emphasis on at-risk communities to raise public awareness,
educate consumers, and educate and train health professionals,
human services providers, and other audiences.
(B) The department, in creating and implementing the program,
may do all of the following:
(1) Provide sufficient staff and appropriate training to
implement the program;
(2) Establish a grant program to support nonprofit voluntary
health organizations with expertise in lupus to increase public
awareness and enhance health professional education and
understanding of the symptoms and consequences of lupus and the
populations most at risk;
(3) Establish an intergovernmental council and advisory panel
to oversee the implementation of the program;
(4) Identify the appropriate entities to carry out the
program;
(5) Base the program on the most current scientific
information and findings;
(6) Work with government entities, community and business
leaders, community organizations, health and human services
providers, and national, state, and local lupus organizations,
such as the lupus foundation of America, inc., to coordinate
efforts to maximize state resources in the areas of lupus
education and awareness;
(7) Identify and use other successful lupus education and
awareness programs and procure related materials and services from
organizations with appropriate expertise and knowledge of lupus.
(C) The department may accept gifts, grants, and donations
from the federal government, foundations, organizations, medical
schools, and other entities for fulfilling the obligations of the
program.
(D) The department may seek any federal waiver that may be
necessary to maximize funds from the federal government to
implement the program.
Sec. 3701.771. (A)(1) The department of health may conduct a
needs assessment to identify all of the following:
(a) The level of statewide health professional and public
awareness about lupus;
(b) The existence of lupus education, awareness, and
treatment programs and related technical assistance available in
the state and nationwide;
(c) The lupus-related educational and support service needs
of health care providers in the state, including physicians,
nurses, health plans, and other health professionals and health
care entities;
(d) The needs of people with lupus, their families, and
caregivers, including health care providers, physicians, nurses,
health plans, and other health professionals and health care
entities;
(e) The services available to individuals with lupus,
including the existence and availability of lupus treatment and
specialty care, lupus support groups, and other related care and
management services.
(2) Based on the needs assessment, the department may develop
and maintain a directory of lupus-related services and health care
providers with specialization in services to diagnose and treat
lupus. The department may disseminate the directory to all
stakeholders, including individuals with lupus, families,
representatives from voluntary organizations, health
professionals, health plans, and state and local health agencies.
(B) The department may undertake activities to raise public
awareness about the symptoms of lupus, personal risk factors, and
options for diagnosing and treating the disease with a particular
focus on populations at elevated risk for lupus. Such activities
may include, but are not limited to, the following:
(1) Implementing a statewide campaign to educate the general
public about lupus by utilizing print, radio, and television
public service announcements, advertisements, posters, and other
materials;
(2) Disseminating health information and conducting
individual risk assessments at public events, such as health fairs
and community forums sponsored by the department;
(3) Distributing information through local health
departments; schools; area agencies on aging; employer wellness
programs; physicians and other health professionals; hospitals and
health plans; health, nonprofit, and community-based
organizations; and regional offices of the department.
Sec. 3701.772. (A) The department of health may establish a
program to award grants to educate and train physicians, health
professionals, and other service providers on the most current,
accurate scientific and medical information on lupus diagnosis,
treatment, and therapeutic decision-making, including medical best
practices for detecting and treating the disease in special
populations, risks and benefits of medications, and research
advances. If a program to award grants is established, the
department shall allocate the total amount available for the
grants in amounts that are proportionate to the populations of the
areas served by the Ohio chapters of the lupus foundation of
America, inc.
To be eligible for a grant, an applicant must be affiliated
with the foundation.
(B) Each grant recipient shall do all of the following:
(1) Develop health professional educational materials that
identify the latest scientific and medical information and
clinical applications;
(2) Work to increase knowledge among physicians, nurses, and
other health and human services professionals about the importance
of lupus diagnosis, treatment, and rehabilitation;
(3) Use available curricula for training of health and human
services providers and community leaders on lupus detection and
treatment;
(4) Support continuing medical education programs in all
geographical areas of the state presented by the leading state
academic institutions by providing the most current information;
(5) Provide workshops and seminars for in-depth professional
development in the field of care and management of lupus patients
to bring the latest information on clinical advances to health
care providers;
(6) Conduct statewide conferences on lupus at appropriate
intervals;
(7) Prepare an annual report that describes the recipient's
use of the grant and submit a copy of the report to the
department.
Sec. 3701.773. (A) If the department of health establishes
the intergovernmental council as permitted by division (B)(3) of
section 3701.77 of the Revised Code, the department shall seek to
ensure coordination of lupus education and awareness efforts. The
director of health shall serve as the council's chairperson. The
council shall include representatives from appropriate state
departments and agencies, including entities with responsibility
for health disparities, medicaid, public health programs,
education, and public welfare.
(B) The council shall do all of the following:
(1) Provide oversight to the lupus education and awareness
program, as well as other lupus programs conducted by the
department;
(2) Develop and issue grant applications and policies and
procedures for programs aimed at health professionals and the
public;
(3) Establish a mechanism for sharing information on lupus
among all officials and employees involved in carrying out
lupus-related programs;
(4) Assist the department and other offices in developing and
coordinating plans for education and health promotion on lupus and
ensure that issues related to lupus are integrated into other
statewide plans;
(5) Prepare an annual report that describes educational
initiatives on lupus sponsored by the state and make
recommendations for new educational initiatives on lupus. The
report shall be transmitted to the general assembly and be made
available to the public.
Sec. 3701.774. (A) If the department of health establishes
the advisory panel as permitted by division (B)(3) of section
3701.77 of the Revised Code, the department shall coordinate the
panel to provide input and counsel regarding the lupus education
and awareness program.
(B) If the panel is established, all of the following apply:
(1) Individuals and organizations may submit to the
department nominations for appointments to the panel. Each panel
member shall have familiarity with lupus and issues that surround
lupus.
(2) The panel shall be comprised of the following members to
be appointed by the director of health:
(a) At least three individuals with lupus;
(b) Not more than two representatives from the department;
(c) At least five individuals from lupus nonprofit health
organizations, with preference given to individuals from the lupus
foundation of America, inc.;
(d) At least five scientists or clinicians with experience in
lupus who participate in various fields of scientific endeavor,
including the fields of biomedical research, social,
translational, behavioral and epidemiological research, and public
health.
(3) The department shall select from among the panel members
one member to serve as chairperson of the panel.
Members of the panel shall serve terms of two years each.
Members may be named to serve a total of two terms and terms may
be consecutive.
A majority of the members of the panel constitutes a quorum.
A majority vote of a quorum is required for any official action of
the panel.
The panel shall meet at the call of the panel chairperson,
but not fewer than four times per year.
All members shall serve without compensation, but may be
reimbursed for actual, necessary expenses incurred in the
performance of their duties.
(4) The panel shall be responsible for advising the
department and the intergovernmental council with respect to the
implementation of the lupus education and awareness program. The
department shall consult with the advisory panel on a regular
basis.
Sec. 3701.775. There is hereby created in the state treasury
the lupus education and awareness program fund. If the department
of health establishes the lupus education and awareness program,
as autorized under section 3701.77 of the Revised Code, all moneys
accepted under division (C) of that section shall be credited to
the fund. Money in the fund shall be used solely to administer the
lupus education and awareness program.
Section 2. The General Assembly hereby finds the following:
(A) Lupus is a serious, complex, and debilitating autoimmune
disease that can cause inflammation and tissue damage to virtually
any organ system in the body, including the skin, joints, other
connective tissue, blood and blood vessels, heart, lungs, kidneys,
and brain.
(B) The Lupus Foundation of America, Inc., estimates that
approximately 1.5 to 2 million Americans live with lupus.
(C) According to the Centers for Disease Control and
Prevention, the rate of lupus mortality has increased since the
late 1970s.
(D) The pain and fatigue associated with lupus can threaten
the ability to live independently, maintain employment, and lead a
normal life. One in five individuals with lupus is disabled by the
disease, and consequently receives support from government
programs, including Medicare, Medicaid, Social Security
Disability, and Social Security Supplemental Income.
(E) The estimated average annual cost of medical treatment
for an individual with lupus is between $10,000 and $30,000; for
individuals who have the most serious form of lupus, medical costs
can greatly exceed this amount, causing a significant economic,
emotional, and social burden to the entire family and society.
(F) More than half of individuals with lupus suffer four or
more years and visit three or more physicians before obtaining a
diagnosis of lupus; early diagnosis of and treatment for lupus can
prevent or reduce serious organ damage, disability, and death.
(G) Despite the magnitude of lupus and its impact on
individuals and families, health professional and public
understanding of lupus remains low; only one in five Americans can
provide basic information about lupus, and awareness of lupus is
lowest among adults 18 to 34 years of age - the age group most
likely to develop lupus.
(H) Lupus is a significant national health issue that
deserves a comprehensive and coordinated response by state and
federal governments with involvement of the health care provider,
patient, and public health communities.
Section 3. The purpose of this act is to create a
multi-pronged, statewide program to promote public and health
professional awareness and increase knowledge concerning the
causes and consequences of lupus, the importance of early
diagnosis and appropriate management, and effective treatment and
management strategies by all of the following:
(A) Conducting educational and training programs for health
professionals on lupus diagnosis and management;
(B) Developing and disseminating educational materials and
information to patients and health professionals on lupus research
results and health care services available;
(C) Designing and implementing a statewide public education
campaign aimed at heightening public awareness of lupus;
(D) Leveraging educational and training resources and
services previously developed by organizations with appropriate
expertise and knowledge of lupus.
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