HBA-NMO H.B. 1311 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1311 By: Delisi Public Health 3/14/1999 Committee Report (Amended) BACKGROUND AND PURPOSE In August, 1997, the House Committee on Public Health was charged with studying the effects of cardiovascular disease in Texas. A subcommittee assessed the ways to reduce the morbidity, mortality, and economic burden of cardiovascular disease and stroke. The committee found that cardiovascular disease is the number one cause of death in Texas, and that stroke is the number three cause of death. It is estimated that cardiovascular disease and stroke cost the state approximately $9 billion a year. H.B. 1311 creates the Council on Cardiovascular Disease and Stroke (council), composed of twelve members appointed by the Texas Board of Health. This bill requires the council to develop a plan to reduce the morbidity, mortality, and economic burden of cardiovascular disease and stroke in this state. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle D, Title 2, Health and Safety Code, by adding Chapter 93, as follows: CHAPTER 93. PREVENTION OF CARDIOVASCULAR DISEASE AND STROKE SUBCHAPTER A. GENERAL PROVISIONS Sec. 93.001. DEFINITIONS. Defines "cardiovascular disease" as the group of diseases that target the heart and blood vessels and that are the result of complex interactions between multiple inherited traits and environmental factors. Defines "council" as the Council on Cardiovascular Disease and Stroke. Sec. 93.002. APPOINTMENT OF COUNCIL; TERMS OF MEMBERS. Provides that the council is composed of 12 members appointed by the Board of Health (board). Provides that members of the council serve staggered six-year terms with the terms of one-third of the members expiring February 1 of each odd-numbered year. Sec. 93.003. COMPENSATION; REIMBURSEMENT. Prohibits a member of the council from receiving compensation for service on the council, and, except as authorized by the commissioner of public health under specified conditions, prohibits a member from being reimbursed for travel expenses incurred while conducting the business of the council. Sec. 93.004. DUTIES OF DEPARTMENT; FUNDS. Requires the Texas Department of Health (TDH) to accept funds appropriated for the purposes of this chapter and allocate those funds. Requires the council to make recommendations to TDH concerning the allocation of funds. Sec. 93.005. CONSULTANTS; ADVISORY COMMITTEE. Authorizes the council to appoint one or more consultants or advisory committees under Chapter 2110 (State Agency Advisory Committees), Government Code. Sec. 93.006. REPORT TO BOARD AND LEGISLATURE. Requires the council, not later than January 15 of each year, to report to the board on the activities of the council in the preceding calendar year. Requires the council, not later than January 15 of each oddnumbered year, to report to the lieutenant governor and the speaker of the house of representatives on the activities of the council in the preceding two calendar years. SUBCHAPTER B. POWERS AND DUTIES OF COUNCIL Sec. 93.051. CARDIOVASCULAR DISEASE AND STROKE PREVENTION; DUTIES OF COUNCIL. Requires the council to develop a plan to reduce the morbidity, mortality, and economic burden of cardiovascular disease and stroke in this state. Specifically requires the council to conduct, promote, enhance, and coordinate education, awareness, and outreach activities; coordinate with other entities concerned with similar diseases; identify to others the benefits of treatment, prevention, and awareness and recognize programs that improve treatment, prevention, and awareness; provide guidance; improve access to treatment and prevention; assist communities in the development of prevention programs; assist the Texas Education Agency and local school districts to promote curriculum relating to prevention; and evaluate and enhance the effectiveness of the plan. Sec. 93.052. DATABASE OF CLINICAL RESOURCES. Requires the council to review available clinical resources and requires the development of a database of recommendations for appropriate care and treatment of patients with cardiovascular disease or who have suffered from or are at risk for stroke. Requires the council to make the database accessible to the public. Sec. 93.053. CARDIOVASCULAR DISEASE AND STROKE DATABASE. Requires the council to collect and analyze information related to cardiovascular disease and stroke at the state and regional level, and, to the extent feasible, at the local level. Requires the council to maintain a database of this information. Authorizes the database to contain certain information. Authorizes the council, in compiling the database, to use certain information sources. Authorizes the council, as necessary, to identify and collect additional information to include in the database. Sec. 93.054. INFORMATION RECEIVED FROM ANOTHER STATE AGENCY; CONFIDENTIALITY. Authorizes the council, in order to perform its duties under this chapter, to request and receive information in the possession of any state agency. Provides that information provided to the council under this subsection is subject to any restriction on disclosure or use of the information that is imposed by law on the agency from which the council obtained the information. Provides that information in the possession of the council that identifies a patient or that is otherwise confidential under law is confidential, is excepted from required public disclosure under Chapter 552 (Public Information), Government Code, and is prohibited from being disclosed for any purpose. SECTION 2. Requires the commissioner of public health, in appointing the initial members of the council, to appoint four persons to terms expiring February 1, 2001; four to terms expiring February 1, 2003; and four to terms expiring February 1, 2005. SECTION 3. Emergency clause. Effective date: upon passage. EXPLANATION OF AMENDMENTS Committee Amendment #1 SECTION 1. Amends proposed Section 93.053, Health and Safety Code, to require the Council on Cardiovascular Disease and Stroke to obtain the information necessary for the maintenance of its database from federal and state agencies and private and public organizations. Deletes proposed language that authorizes the council to identify and collect additional information to be included in the database. Committee Amendment #2 SECTION 2. Requires the Texas Board of Health, rather than the commissioner of public health, in appointing the initial members of the council, to appoint four persons to terms expiring February 1, 2001; four to terms expiring February 1, 2003; and four to terms expiring February 1, 2005.