Bill Title: To create the Lupus Education and Awareness Program and to make an appropriation.
Spectrum: Moderate Partisan Bill (Democrat 17-2)
Status: (Introduced - Dead) 2009-03-30 - To Finance & Appropriations
[HB105 Detail]Download: Ohio-2009-HB105-Introduced.html
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Representative Williams, S.
Cosponsors:
Representatives Boyd, Mallory, Dyer, Amstutz, Brown, Yuko, Skindell, DeBose, Letson, Chandler, Patten, Slesnick, Evans, Fende, Luckie, Harwood, Murray, Miller
A BILL
| To enact sections 3701.781, 3701.782, 3701.783, | 1 |
|
3701.784, 3701.785, and 3701.786 of the Revised | 2 |
|
Code to create the Lupus Education and Awareness | 3 |
|
Program and to make an appropriation. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3701.781, 3701.782, 3701.783, | 5 |
3701.784, 3701.785, and 3701.786 of the Revised Code be enacted to | 6 |
read as follows: | 7 |
Sec. 3701.781. (A) The commission on minority health shall | 8 |
establish,
promote, and maintain a lupus education and awareness | 9 |
program with
an emphasis on minority populations and at-risk | 10 |
communities to
raise public awareness, educate consumers, and | 11 |
educate and train
health professionals, human services providers, | 12 |
and other
audiences. | 13 |
(B) The commission, in creating and implementing the program, | 14 |
shall do all of the following: | 15 |
(1) Provide sufficient staff and appropriate training to | 16 |
implement the program; | 17 |
(2) Establish a grant program to support nonprofit voluntary | 18 |
health organizations with expertise in lupus to increase public | 19 |
awareness and enhance health professional education and | 20 |
understanding of the symptoms and consequences of lupus and the | 21 |
populations most at risk; | 22 |
(3) Establish an intergovernmental council and advisory panel | 23 |
to
oversee the implementation of the program; | 24 |
(4) Identify the appropriate entities to carry out the | 25 |
program; | 26 |
(5) Base the program on the most current scientific | 27 |
information and findings; | 28 |
(6) Work with government entities, community and business | 29 |
leaders, community organizations, health and human services | 30 |
providers, and national, state, and local lupus organizations, | 31 |
such as the lupus foundation of America, inc., to coordinate | 32 |
efforts to maximize state resources in the areas of lupus | 33 |
education and awareness; | 34 |
(7) Identify and use other successful lupus education and | 35 |
awareness programs and procure related materials and services from | 36 |
organizations with appropriate expertise and knowledge of lupus. | 37 |
(C) The commission may accept gifts, grants, and donations | 38 |
from
the federal government, foundations, organizations, medical | 39 |
schools, and other entities for fulfilling the obligations of the | 40 |
program. Any funds shall supplement and not supplant | 41 |
appropriations provided for the implementation of the program. | 42 |
(D) The commission shall seek any federal waiver that may be | 43 |
necessary to maximize funds from the federal government to | 44 |
implement the program. | 45 |
Sec. 3701.782. (A)(1) The commission on minority health shall | 46 |
conduct
a needs assessment to identify all of the following: | 47 |
(a) The level of statewide health professional and public | 48 |
awareness about lupus; | 49 |
(b) The existence of lupus education, awareness, and | 50 |
treatment programs and related technical assistance available in | 51 |
the state and nationwide; | 52 |
(c) The lupus-related educational and support service needs | 53 |
of health care providers in the state, including physicians, | 54 |
nurses, health plans, and other health professionals and health | 55 |
care entities; | 56 |
(d) The needs of people with lupus, their families, and | 57 |
caregivers, including health care providers, physicians, nurses, | 58 |
health care plans, and other health professionals and health care | 59 |
entities; | 60 |
(e) The services available to individuals with lupus, | 61 |
including the existence and availability of lupus treatment and | 62 |
specialty care, lupus support groups, and other related care and | 63 |
management services. | 64 |
(2) Based on the needs assessment, the commission shall | 65 |
develop and maintain a directory of lupus-related services and | 66 |
health care providers with specialization in services to
diagnose | 67 |
and treat lupus. The commission shall disseminate the
directory | 68 |
to all stakeholders, including individuals with lupus,
families, | 69 |
representatives from voluntary organizations, health | 70 |
professionals, health plans, and state and local health agencies. | 71 |
(B) The commission shall undertake activities to raise public | 72 |
awareness about the symptoms of lupus, personal risk factors, and | 73 |
options for diagnosing and treating the disease with a particular | 74 |
focus on populations at elevated risk for lupus, including women | 75 |
and communities of color. Such activities shall include but not be | 76 |
limited to the following: | 77 |
(1) Implementing a statewide campaign to educate the general | 78 |
public about lupus by utilizing print, radio, and television | 79 |
public service announcements, advertisements, posters, and other | 80 |
materials; | 81 |
(2) Disseminating health information and conducting | 82 |
individual risk assessments at public events, such as health fairs | 83 |
and community forums sponsored by the Ohio department of health; | 84 |
(3) Distributing information through local health | 85 |
departments; schools; area agencies on aging; employer wellness | 86 |
programs; physicians and other health professionals; hospitals and | 87 |
health plans; women's, health, nonprofit, and community-based | 88 |
organizations; and regional offices of the Ohio department of | 89 |
health. | 90 |
Sec. 3701.783. (A) The commission on minority health shall | 91 |
establish a
program to award
grants to educate and train | 92 |
physicians, health
professionals, and
other service providers on | 93 |
the most current,
accurate scientific
and medical information on | 94 |
lupus diagnosis,
treatment, and therapeutic
decision-making, | 95 |
including medical
best
practices for detecting
and treating the | 96 |
disease in special
populations, risks and
benefits of | 97 |
medications, and research
advances. In awarding grants, the | 98 |
commission shall allocate the
total
amount available for the | 99 |
grants in amounts that are
proportionate
to the populations of | 100 |
the areas served by the Ohio
chapters of the
lupus foundation of | 101 |
America, inc. | 102 |
To be eligible for a grant, an applicant must be affiliated | 103 |
with the foundation. | 104 |
(B) Each
grant recipient shall do all of the following: | 105 |
(1) Develop health professional educational materials that | 106 |
identify the latest scientific and medical information and | 107 |
clinical applications; | 108 |
(2) Work to increase knowledge among physicians, nurses, and | 109 |
health and human services professionals about the importance of | 110 |
lupus diagnosis, treatment, and rehabilitation; | 111 |
(3) Use available curricula for training of health and human | 112 |
services providers and community leaders on lupus detection and | 113 |
treatment; | 114 |
(4) Support continuing medical education programs in all | 115 |
geographical areas in the state presented by the leading state | 116 |
academic institutions by providing the most current information; | 117 |
(5) Provide workshops and seminars for in-depth professional | 118 |
development in the field of care and management of lupus patients | 119 |
to bring the latest information on clinical advances to
care | 120 |
providers; | 121 |
(6) Conduct statewide conferences on lupus at appropriate | 122 |
intervals; | 123 |
(7) Prepare an annual report that describes the recipient's | 124 |
use of the grant and submit a copy of the report to the | 125 |
commission. | 126 |
Sec. 3701.784. (A) In establishing the intergovernmental | 127 |
council as required by division (B)(3) of section 3701.781 of the | 128 |
Revised Code, the commission on minority health shall seek to | 129 |
ensure coordination of lupus
education and
awareness efforts and | 130 |
efforts to address health
conditions
disproportionately | 131 |
affecting women and people of
color. The
chairperson of the | 132 |
commission shall serve as the council's chairperson. The
council | 133 |
shall include representatives from appropriate state
departments | 134 |
and agencies, including entities with responsibility
for health | 135 |
disparities, medicaid, public health programs,
education, public | 136 |
welfare, and women's health programs. | 137 |
(B) The council shall do all of the following: | 138 |
(1) Provide oversight to the lupus education and awareness | 139 |
program, as well as other lupus programs conducted by the | 140 |
commission; | 141 |
(2) Develop and issue grant applications and policies and | 142 |
procedures for programs aimed at health professionals and the | 143 |
public; | 144 |
(3) Establish a mechanism for sharing information on lupus | 145 |
among all officials and employees involved in carrying out | 146 |
lupus-related programs; | 147 |
(4) Assist the commission and other offices in developing and | 148 |
coordinating plans for education and health promotion on lupus and | 149 |
ensure that issues related to lupus are integrated into other | 150 |
statewide plans; | 151 |
(5) Prepare an annual report that describes educational | 152 |
initiatives on lupus sponsored by the state and make | 153 |
recommendations for new educational initiatives on lupus. The | 154 |
report shall be transmitted to the general assembly and be made | 155 |
available to the public. | 156 |
Sec. 3701.785. (A) In establishing the advisory panel as | 157 |
required by division (B)(3) of section 3701.781 of the Revised | 158 |
Code, the commission on minority health shall coordinate
the | 159 |
panel to provide input and counsel
regarding the lupus
education | 160 |
and awareness program. | 161 |
(B)(1) Individuals and organizations may submit nominations | 162 |
to the commission to be appointed. Each panel member shall
have | 163 |
familiarity with lupus and issues that surround lupus. | 164 |
(2) The panel shall be comprised of the following members to | 165 |
be appointed by the commission: | 166 |
(a) At least three individuals with lupus, at least one of | 167 |
whom is a member of a minority group; | 168 |
(b) Not more than two representatives from the commission; | 169 |
(c) At least five individuals from lupus nonprofit health | 170 |
organizations, with preference given to individuals from the lupus | 171 |
foundation of America, inc.; | 172 |
(d) At least five scientists or clinicians with experience | 173 |
in lupus who participate in various fields of scientific endeavor, | 174 |
including the fields of biomedical research, social, | 175 |
translational, behavioral and epidemiological research, and public | 176 |
health. | 177 |
(3) The commission shall select from among the panel members | 178 |
one member to serve as chairperson of the panel. | 179 |
Members of the panel shall serve terms of two years each. | 180 |
Members may be named to serve a total of two terms and terms may | 181 |
be consecutive. | 182 |
A majority of the members of the panel constitutes a quorum. | 183 |
A majority vote of a quorum is required for any official action of | 184 |
the panel. | 185 |
The panel shall meet at the call of the panel chairperson, | 186 |
but not less
than four times per year. | 187 |
All members shall serve without compensation, but may be | 188 |
reimbursed for actual, necessary expenses incurred in the | 189 |
performance of their duties. | 190 |
(4) The panel shall be responsible for advising the | 191 |
commission
and the intergovernmental council with respect to the | 192 |
implementation of
the lupus education and awareness program. The | 193 |
commission shall
consult with the advisory panel on a regular | 194 |
basis. | 195 |
Sec. 3701.786. There is hereby created in the state treasury | 196 |
the lupus education and awareness program fund. All moneys | 197 |
accepted under division (C) of section 3701.781 of the Revised | 198 |
Code
shall be credited to the fund. The commission shall use
the | 199 |
fund to administer the lupus education and awareness program | 200 |
under section 3701.781 of the Revised Code. | 201 |
Section 2. All items in this act are hereby appropriated as | 202 |
designated out of any moneys in the state treasury to the credit | 203 |
of the General Revenue Fund. For all appropriations made in this | 204 |
act, those in the first column are for fiscal year 2010 and those | 205 |
in the second column are for fiscal year 2011. The appropriations | 206 |
made in this act are in addition to any other appropriations made | 207 |
for the FY 2010-2011 biennium. | 208 |
209 |
MIH COMMISSION ON MINORITY HEALTH | 210 |
|
GRF |
149502 |
|
Lupus Program |
|
$ |
500,000 |
|
$ |
500,000 |
|
212 |
TOTAL GRF General Revenue Fund |
|
$ |
500,000 |
|
$ |
500,000 |
|
213 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
500,000 |
|
$ |
500,000 |
|
214 |
Of the foregoing appropriation item 149502, Lupus Program, | 216 |
$500,000 in each fiscal year shall be used for the Lupus Education | 217 |
and Awareness Program created in section 3701.781 of the Revised | 218 |
Code, with up to $50,000 in each fiscal year being used by the | 219 |
Commission for administrative costs related to the program. | 220 |
Section 3. Within the limits set forth in this act, the | 221 |
Director of Budget and Management shall establish accounts | 222 |
indicating the source and amount of money for each appropriation | 223 |
made in this act and shall determine the form and manner in which | 224 |
the appropriation accounts shall be maintained. Expenditures from | 225 |
appropriations contained in this act shall be accounted for as | 226 |
though made in the main operating appropriations act of the 128th | 227 |
General Assembly. | 228 |
The appropriations made in this act are subject to all | 229 |
provisions of the main operating appropriations act of the 128th | 230 |
General Assembly that are generally applicable to such | 231 |
appropriations. | 232 |
Section 4. The General Assembly hereby finds the following: | 233 |
(A) Lupus is a serious, complex, debilitating autoimmune | 234 |
disease that can cause inflammation and tissue damage to virtually | 235 |
any organ system in the body, including the skin, joints, other | 236 |
connective tissue, blood and blood vessels, heart, lungs, kidney, | 237 |
and brain. | 238 |
(B) The Lupus Foundation of America, Inc., estimates that | 239 |
approximately 1.5 to 2 million Americans live with lupus; lupus | 240 |
affects women nine times more often than men and 80 per cent of | 241 |
newly diagnosed cases of lupus develop among women of childbearing | 242 |
age. | 243 |
(C) Lupus disproportionately affects women of color; it is | 244 |
two to three times more common among African Americans, Hispanics, | 245 |
Asians, and Native Americans and is generally more prevalent in | 246 |
minority populations. According to the Centers for Disease Control | 247 |
and Prevention, the rate of lupus mortality has increased since | 248 |
the late 1970's and is higher among older African-American women. | 249 |
(D) No new drugs have been approved by the U.S. Food and Drug | 250 |
Administration specifically for lupus in nearly 40 years and while | 251 |
current treatments for the disease can be effective, they can | 252 |
cause damaging side effects. | 253 |
(E) The pain and fatigue associated with lupus can threaten | 254 |
the ability to live independently, maintain
employment, and lead | 255 |
a normal life. One in five individuals with
lupus is disabled by | 256 |
the disease, and consequently receives
support from government | 257 |
programs, including Medicare, Medicaid,
Social Security | 258 |
Disability, and Social Security Supplemental
Income. | 259 |
(F) The estimated average annual cost of medical treatment | 260 |
for an individual with lupus is between $10,000 and $30,000; for | 261 |
individuals who have the most serious form of lupus, medical costs | 262 |
can
greatly exceed this amount, causing a significant economic, | 263 |
emotional, and social burden to the entire family and society. | 264 |
(G) More than half of individuals with lupus suffer four or | 265 |
more
years and visit three or more physicians before obtaining a | 266 |
diagnosis of lupus; early diagnosis of and treatment for lupus can | 267 |
prevent or reduce serious organ damage, disability, and death. | 268 |
(H) Despite the magnitude of lupus and its impact on | 269 |
individuals and families, health professional and public | 270 |
understanding of lupus remains low; only one in five Americans can | 271 |
provide basic information about lupus, and awareness of lupus is | 272 |
lowest among adults 18 to 34 years of age - the age group most | 273 |
likely to develop lupus. | 274 |
(I) Lupus is a significant national health issue that | 275 |
deserves a comprehensive and coordinated response by state and | 276 |
federal governments with involvement of the health care provider, | 277 |
patient, and public health communities. | 278 |
Section 5. The purpose of this act is to create a | 279 |
multi-pronged, statewide program to promote public and health | 280 |
professional awareness and increase knowledge concerning the | 281 |
causes and consequences of lupus, the importance of early | 282 |
diagnosis and appropriate management, and effective treatment and | 283 |
management strategies by all of the following: | 284 |
(A) Conducting educational and training programs for health | 285 |
professionals on lupus diagnosis and management; | 286 |
(B) Developing and disseminating educational materials and | 287 |
information to patients and health professionals on lupus research | 288 |
results and health care services available; | 289 |
(C) Designing and implementing a statewide public education | 290 |
campaign aimed at heightening public awareness of lupus; | 291 |
(D) Leveraging educational and training resources and | 292 |
services previously developed by organizations with appropriate | 293 |
expertise and knowledge of lupus. | 294 |
Section 6. The sections of law and the items of law of which | 295 |
they are composed that are contained in this act are not subject | 296 |
to the referendum. Therefore, under Ohio Constitution, Article II, | 297 |
Section 1d and section 1.471 of the Revised Code, the sections of | 298 |
law, and the items of which they are composed, go into immediate | 299 |
effect when this act becomes law. | 300 |