Bill Text: NY S06239 | 2013-2014 | General Assembly | Amended


Bill Title: Establishes the sickle cell treatment act of 2014; makes an appropriation of one million dollars.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-08-11 - PRINT NUMBER 6239A [S06239 Detail]

Download: New_York-2013-S06239-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6239--A
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 8, 2014
                                      ___________
       Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
         printed to be committed to  the  Committee  on  Finance  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  amend the social services law and the public health law, in
         relation to establishing the sickle cell treatment act  of  2014;  and
         making an appropriation therefor
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be  cited  as  the  "sickle
    2  cell treatment act of 2014".
    3    S  2.  Legislative findings. The legislature hereby finds and declares
    4  the following:
    5    (1) Sickle cell disease (SCD) is an inherited  disease  of  red  blood
    6  cells that is a major health problem in the United States.
    7    (2)  Approximately  100,000 Americans have SCD and approximately 1,000
    8  American babies are born with the disease  each  year.  SCD  also  is  a
    9  global  problem  with  close  to  500,000  babies born annually with the
   10  disease.
   11    (3) In the United States, SCD is most common in African-Americans  and
   12  in  those of Hispanic, Mediterranean, and Middle Eastern ancestry. Among
   13  newborn American infants, SCD occurs in approximately 1 in 500  African-
   14  Americans, 1 in 36,000 Hispanics, and 1 in 80,000 Caucasians.
   15    (4)  More than 3,000,000 Americans, mostly African-Americans, have the
   16  sickle cell trait. These Americans are healthy carriers  of  the  sickle
   17  cell  gene who have inherited the normal hemoglobin gene from one parent
   18  and the sickle cell gene from the other parent. A sickle cell  trait  is
   19  not  a  disease, but when both parents have the sickle cell trait, there
   20  is a 1 in 4 chance with each pregnancy that the child will be born  with
   21  SCD.
   22    (5)  Children  with SCD may exhibit frequent pain episodes, entrapment
   23  of blood within the spleen,  severe  anemia,  acute  lung  complications
   24  (acute  chest  syndrome),  and priapism. During episodes of severe pain,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10055-07-4
       S. 6239--A                          2
    1  spleen  enlargement,  or  acute  lung  complications,  life  threatening
    2  complications  can  develop rapidly.  Children with SCD are also at risk
    3  for septicemia, meningitis, and stroke. Children  with  SCD  at  highest
    4  risk  for stroke can be identified and, thus, treated early with regular
    5  blood transfusions for stroke prevention.
    6    (6) The most feared complication for children with  SCD  is  a  stroke
    7  (either  overt  or  silent) occurring in 30 percent of the children with
    8  sickle cell anemia prior to their 18th birthday and occurring in infants
    9  as young as 18 months of age. Students with SCD and silent  strokes  may
   10  not  have  any  physical signs of such disease or strokes but may have a
   11  lower educational attainment when compared to children with SCD.
   12    (7) Many adults with SCD have acute problems, such  as  frequent  pain
   13  episodes  and  acute  lung complications (acute chest syndrome) that can
   14  result in death. Adults with SCD  can  also  develop  chronic  problems,
   15  including pulmonary disease, pulmonary hypertension, degenerative chang-
   16  es  in  the  shoulder  and  hip joints (bone necrosis), poor vision, and
   17  kidney failure.
   18    (8) The average life span for an adult with SCD is 45-50 years.  While
   19  some patients can remain without symptoms for years, many others may not
   20  survive  infancy  or  early childhood. Causes of death include bacterial
   21  infection, stroke, and lung, kidney, heart, or liver failure.  Bacterial
   22  infections and lung injuries are leading causes of death in children and
   23  adults with SCD.
   24    (9)  As  a  complex  disorder  with  multisystem  manifestations,  SCD
   25  requires specialized comprehensive and continuous care  to  achieve  the
   26  best possible outcome. Newborn screening, genetic counseling, and educa-
   27  tion  of  patients and family members are critical preventative measures
   28  that decrease morbidity and mortality, delays or prevents complications,
   29  reduces in-patient hospital stays, and decreases overall costs of care.
   30    (10) Stroke in the adult  SCD  population  commonly  results  in  both
   31  mental and physical disabilities for life.
   32    (11)  Currently,  one  of  the most effective treatments to prevent or
   33  treat an overt stroke or a silent stroke for a  child  with  SCD  is  at
   34  least  monthly  blood  transfusions  throughout  childhood for many, and
   35  throughout life for some. This requires the removal of sickle cell blood
   36  and replacement with normal blood (exchange transfusion).
   37    (12) With acute lung  complications  (acute  chest  syndrome),  trans-
   38  fusions are usually required and are often the only therapy demonstrated
   39  to prevent premature death.
   40    The  legislature declares its intent to develop and establish systemic
   41  mechanisms to improve  the  prevention  and  treatment  of  sickle  cell
   42  disease.
   43    S 3. Section 365 of the social services law is amended by adding a new
   44  subdivision 13 to read as follows:
   45    13.  ANY  INCONSISTENT PROVISION OF THIS CHAPTER OR OTHER LAW NOTWITH-
   46  STANDING, THE DEPARTMENT SHALL BE  RESPONSIBLE  FOR  FURNISHING  MEDICAL
   47  ASSISTANCE  FOR  PREVENTATIVE MEDICAL STRATEGIES, INCLUDING PROPHYLAXIS,
   48  AND TREATMENT AND SERVICES FOR ELIGIBLE INDIVIDUALS WHO HAVE SICKLE CELL
   49  DISEASE. FOR THE PURPOSES OF  THIS  SUBDIVISION,  "PREVENTATIVE  MEDICAL
   50  STRATEGIES, TREATMENT AND SERVICES" SHALL INCLUDE, BUT NOT BE LIMITED TO
   51  THE FOLLOWING:
   52    (A) CHRONIC BLOOD TRANSFUSION (WITH DEFEROXAMINE CHELATION) TO PREVENT
   53  STROKE  IN INDIVIDUALS WITH SICKLE CELL DISEASE WHO HAVE BEEN IDENTIFIED
   54  AS BEING AT HIGH RISK FOR STROKE;
   55    (B) GENETIC COUNSELING AND TESTING FOR INDIVIDUALS  WITH  SICKLE  CELL
   56  DISEASE OR THE SICKLE CELL TRAIT; OR
       S. 6239--A                          3
    1    (C) OTHER TREATMENT AND SERVICES TO PREVENT INDIVIDUALS WHO HAVE SICK-
    2  LE CELL DISEASE AND WHO HAVE HAD A STROKE FROM HAVING ANOTHER STROKE.
    3    S  4.  Article  31 of the public health law is amended by adding a new
    4  title IV to read as follows:
    5                                  TITLE IV
    6    PREVENTION AND TREATMENT OF SICKLE CELL DISEASE DEMONSTRATION PROGRAM
    7  SECTION 3126. PREVENTION AND TREATMENT OF  SICKLE  CELL  DISEASE  DEMON-
    8                  STRATION PROGRAM.
    9    S  3126. PREVENTION AND TREATMENT OF SICKLE CELL DISEASE DEMONSTRATION
   10  PROGRAM. 1. THE COMMISSIONER SHALL ESTABLISH AND  CONDUCT  A  PREVENTION
   11  AND  TREATMENT  OF SICKLE CELL DISEASE DEMONSTRATION PROGRAM IN THE CITY
   12  OF NEW YORK AND FOR NO MORE  THAN  FIVE  ADDITIONAL  COUNTIES,  FOR  THE
   13  PURPOSE  OF  DEVELOPING  AND ESTABLISHING SYSTEMIC MECHANISMS TO IMPROVE
   14  THE PREVENTION AND TREATMENT OF SICKLE CELL DISEASE, INCLUDING THROUGH:
   15    (A) THE COORDINATION OF SERVICE DELIVERY FOR INDIVIDUALS  WITH  SICKLE
   16  CELL DISEASE;
   17    (B) GENETIC COUNSELING AND TESTING;
   18    (C)  BUNDLING  OF  TECHNICAL  SERVICES  RELATED  TO THE PREVENTION AND
   19  TREATMENT OF SICKLE CELL DISEASE;
   20    (D) TRAINING OF HEALTH PROFESSIONALS; AND
   21    (E) IDENTIFYING AND ESTABLISHING OTHER EFFORTS RELATED TO  THE  EXPAN-
   22  SION  AND  COORDINATION  OF EDUCATION, TREATMENT, AND CONTINUITY OF CARE
   23  PROGRAMS FOR INDIVIDUALS WITH SICKLE CELL DISEASE.
   24    2. ON OR BEFORE THE FIRST OF  JANUARY,  TWO  THOUSAND  SEVENTEEN,  THE
   25  COMMISSIONER  SHALL  REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY
   26  AND THE TEMPORARY PRESIDENT  OF  THE  SENATE  ON  THE  IMPACT  THAT  THE
   27  PREVENTION  AND  TREATMENT  OF SICKLE CELL DISEASE DEMONSTRATION PROGRAM
   28  HAS HAD ON INDIVIDUALS WITH SICKLE CELL DISEASE IN  REGARDS  TO  COORDI-
   29  NATION  OF SERVICE DELIVERY, GENETIC COUNSELING AND TESTING, BUNDLING OF
   30  TECHNICAL SERVICES RELATED TO THE PREVENTION  AND  TREATMENT  OF  SICKLE
   31  CELL  DISEASE,  TRAINING  OF HEALTH PROFESSIONALS AND THE IDENTIFICATION
   32  AND ESTABLISHMENT OF OTHER EFFORTS RELATED TO THE EXPANSION AND  COORDI-
   33  NATION OF EDUCATION, TREATMENT, AND CONTINUITY OF CARE PROGRAMS FOR SUCH
   34  INDIVIDUALS.
   35    S  5.  The sum of one million dollars ($1,000,000) is hereby appropri-
   36  ated to the department of health out of any moneys in the state treasury
   37  in the general fund to the credit of the  state  purposes  account,  not
   38  otherwise  appropriated, and made immediately available, for the purpose
   39  of carrying out the provisions of this act. Such moneys shall be payable
   40  on the audit and warrant of the comptroller  on  vouchers  certified  or
   41  approved by the commissioner of health in the manner prescribed by law.
   42    S 6. This act shall take effect immediately.
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