New Jersey-2012-A3265-Introduced

An Act concerning umbilical cord blood banks and supplementing Title 26 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Commissioner" means the Commissioner of Health.

"Cord blood bank" means a blood bank, licensed by the department pursuant to P.L.1963, c.33 (C.26:2A-2 et seq.), which engages in the collection, processing, storage, distribution, or transplantation of hematopoietic progenitor cells.

"Department" means the Department of Health.

"Hematopoietic progenitor cells" means pluripotential cells that may be capable of self-renewal and differentiation into any mature blood cells, and which are found in the blood that is present in the placenta or umbilical cord of a woman who has recently delivered a newborn child.

2. a. A private cord blood bank shall, in addition to any licensure or renewal fee that it is required to pay pursuant to section 3 of P.L.1963, c.33 (C.26:2A-4), remit on a quarterly basis to the Department of the Treasury, for deposit in the "New Jersey Public Cord Blood Bank Fund" established pursuant to section 3 of this act, a fee as determined by the commissioner pursuant to subsection b. of this section.

b. (1) The commissioner shall determine the costs for the preceding fiscal year that were expended to operate and administer the duties of the department pursuant to P.L.1963, c.33 (C.26:2A-2 et seq.).

(2) The commissioner shall determine the amount to be paid by a private cord blood bank pursuant to subsection a. of this section, which shall be computed by multiplying the amount determined pursuant to paragraph (1) of this subsection by a fraction, the numerator of which is the gross annual receipts of the blood bank during the 12-month period preceding the date of computation as designated by regulation of the commissioner and the denominator of which is the total gross annual receipts of all private cord blood banks operating in the State during that 12-month period.

(3) Each private cord blood bank shall submit to the department, in such form and at such times as the department may require, a report containing information regarding its gross annual receipts for all activities performed pursuant to its licensure by the department. The department may audit and review any information submitted pursuant to this paragraph, and require additional information, as it determines necessary to verify the accuracy of the submitted information.

3. a. There is established in the Department of the Treasury a nonlapsing, revolving fund to be known as the "New Jersey Public Cord Blood Bank Fund." This fund shall be the repository for moneys collected pursuant to section 2 of this act. The moneys in the fund shall be used for the purpose of supporting the activities of the State-designated public cord blood bank in collecting and storing umbilical cord blood for public use.

b. The State Treasurer is the custodian of the fund, and all disbursements from the fund shall be made by the State Treasurer upon vouchers signed by the commissioner, or the commissioner's designee. The moneys in the fund shall be invested and reinvested by the Director of the Division of Investment in the Department of the Treasury as are other trust funds in the custody of the State Treasurer in the manner provided by law. Interest received on the moneys in the fund shall be credited to the fund.

4. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall adopt rules and regulations necessary to implement the provisions of this act.

5. This act shall take effect on the first day of the seventh month next following the date of enactment, but the commissioner may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill requires that private umbilical cord blood banks in New Jersey pay a dedicated fee to support the State-designated public cord blood bank.

Specifically, the bill requires that a private cord blood bank licensed by the Department of Health (DOH) remit on a quarterly basis to the Department of the Treasury, for deposit in the "New Jersey Public Cord Blood Bank Fund" established pursuant to the bill, a fee as determined by the Commissioner of Health pursuant to the bill.

The Commissioner of Health is to determine the costs for the preceding fiscal year that DOH expended to operate and administer its duties pursuant to the blood bank regulation law (P.L.1963, c.33, C.26:2A-2 et seq.). The commissioner is to determine the amount to be paid by a private cord blood bank by multiplying its total computed operating expenses by a fraction, the numerator of which is the gross annual receipts of the blood bank during the 12-month period preceding the date of computation as designated by regulation and the denominator of which is the total gross annual receipts of all private cord blood banks operating in the State during that 12-month period.

Each private cord blood bank is to submit to DOH, in such form and at such times as DOH may require, a report containing information regarding its gross annual receipts for all activities performed pursuant to its licensure by DOH. DOH may audit and review any information submitted pursuant to the bill, and require additional information, as it determines necessary to verify the accuracy of the submitted information.

The bill establishes a nonlapsing, revolving fund, to be known as the "New Jersey Public Cord Blood Bank Fund," in the Department of the Treasury, which is to be the repository for moneys collected pursuant to the bill. The moneys in the fund are to be used for the purpose of supporting the activities of the State-designated public umbilical cord blood bank in collecting and storing umbilical cord blood for public use. All disbursements from the fund will be made by the State Treasurer upon vouchers signed by the Commissioner of Health, or the commissioner's designee. Interest received on the moneys in the fund is to be credited to the fund.

The bill takes effect on the first day of the seventh month after enactment, but authorizes the Commissioner of Health to take prior administrative action as necessary for its implementation.