Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 478
       
       
       
       
       
       
                                Barcode 368304                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  01/27/2012           .                                
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       The Committee on Budget Subcommittee on Health and Human
       Services Appropriations (Sobel) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 10 and 11
    4  insert:
    5         Section 2. Section 381.9815, Florida Statutes, is created
    6  to read:
    7         381.9815 Hepatitis virus; surveillance, education, and
    8  testing.—
    9         (1) SHORT TITLE.—This act may be cited as the “Viral
   10  Hepatitis Testing Act.”
   11         (2) HEPATITIS B AND HEPATITIS C SURVEILLANCE, EDUCATION,
   12  AND TESTING PROGRAMS.—The Department of Health shall, in
   13  accordance with this section, carry out surveillance, education,
   14  and testing programs with respect to hepatitis B and hepatitis C
   15  virus infections. The department may carry out such programs
   16  directly and through grants to public and nonprofit private
   17  entities, including counties, political subdivisions, and
   18  public-private partnerships.
   19         (3) STATEWIDE GOALS.—In carrying out the duties prescribed
   20  in subsection (2), the department shall cooperate with counties
   21  and other public or nonprofit private entities to seek to
   22  establish a statewide system of surveillance, education, and
   23  testing with respect to hepatitis B and hepatitis C with the
   24  following goals:
   25         (a) To determine the incidence and prevalence of such
   26  infections, including providing for the reporting of chronic
   27  cases.
   28         (b) With respect to the population of individuals who have
   29  such an infection, to carry out testing programs to increase the
   30  number of individuals who are aware of their infection to 50
   31  percent by 2014 and 75 percent by 2016.
   32         (c) To develop and disseminate public information and
   33  education programs for the detection and control of hepatitis B
   34  and hepatitis C infections, with priority given to changing
   35  behaviors that place individuals at risk of infection.
   36         (d) To provide appropriate referrals for counseling and
   37  medical treatment of infected individuals and to ensure, to the
   38  extent practicable, the provision of appropriate followup
   39  services.
   40         (e) To improve the education, training, and skills of
   41  health professionals in the detection, control, and treatment of
   42  hepatitis B and hepatitis C infections, with priority given to
   43  pediatricians and other primary care physicians, and
   44  obstetricians and gynecologists.
   45         (4) HIGH-RISK POPULATIONS; CHRONIC CASES.—The department
   46  shall determine the populations that, for purposes of this
   47  section, are considered at high risk for hepatitis B or
   48  hepatitis C. The department shall include the following among
   49  those considered at high risk:
   50         (a) For hepatitis B, individuals born in counties in which
   51  2 percent or more of the population has hepatitis B.
   52         (b) For hepatitis C, individuals born between 1945 and
   53  1965.
   54         (c) Those who have been exposed to the blood of infected
   55  individuals or of high-risk individuals, are family members of
   56  such individuals, or are sexual partners of such individuals.
   57         (5) PROGRAM PRIORITY.—In providing for programs under this
   58  section, the department shall give priority to:
   59         (a) Early diagnosis of chronic cases of hepatitis B or
   60  hepatitis C in high-risk populations; and
   61         (b) Education, and referrals for counseling and medical
   62  treatment, for individuals diagnosed under paragraph (a) in
   63  order to:
   64         1. Reduce their risk of dying from end-stage liver disease
   65  and liver cancer and of transmitting the infection to others.
   66         2. Determine the appropriateness for treatment to reduce
   67  the risk of progression to cirrhosis and liver cancer.
   68         3. Receive ongoing medical management, including regular
   69  monitoring of liver function and screenings for liver cancer.
   70         4. Receive, as appropriate, drug, alcohol abuse, and mental
   71  health treatment.
   72         5. In the case of women of childbearing age, receive
   73  education on how to prevent hepatitis B perinatal infection and
   74  alleviate fears associated with pregnancy or raising a family.
   75         6. Receive such other services as the department determines
   76  to be appropriate.
   77         (6) CULTURAL CONTEXT.—In providing for services for
   78  individuals who are diagnosed under paragraph (5)(a), the
   79  department shall seek to ensure that the services are provided
   80  in a culturally and linguistically appropriate manner.
   81         (7) REPORT.—The department shall prepare a report on the
   82  implementation of the programs required under this section, the
   83  effectiveness of such programs, and the progress made in
   84  achieving the statewide goals established under this section.
   85  The report shall be submitted to the President of the Senate,
   86  the Speaker of the House of Representatives, and the committees
   87  having jurisdiction over issues relating to public health no
   88  later than January 31 of each year. The report must also
   89  address:
   90         (a) Effectiveness issues with respect to current guidelines
   91  of the Centers for Disease Control and Prevention for screenings
   92  for hepatitis virus infection.
   93         (b) The importance of responding to the perception that
   94  receiving such screenings may be stigmatizing.
   95         (c) Whether age-based screenings would be effective,
   96  considering the use of age-based screenings with respect to
   97  breast and colon cancer.
   98         (d) New and improved treatments for hepatitis virus
   99  infection.
  100  
  101  ================= T I T L E  A M E N D M E N T ================
  102         And the title is amended as follows:
  103         Delete line 5
  104  and insert:
  105         awareness program; creating s. 381.9815, F.S.;
  106         creating the “Viral Hepatitis Testing Act”; providing
  107         a short title; requiring that the Department of Health
  108         carry out surveillance, education, and testing
  109         programs with respect to hepatitis B and hepatitis C
  110         virus infections; requiring that the department
  111         establish a statewide system for such surveillance,
  112         education, and testing; specifying goals of the
  113         system; requiring that the department determine
  114         populations within the state which are considered at
  115         high risk for hepatitis B or hepatitis C; providing
  116         for priority of programs; requiring that the
  117         department seek to ensure that specified services are
  118         provided in a culturally and linguistically
  119         appropriate manner; requiring an annual report to the
  120         Legislature; providing an effective date.
  121  
  122         WHEREAS, approximately 5.3 million Americans are
  123  chronically infected with the hepatitis B virus, referred to in
  124  this preamble as “HBV,” the hepatitis C virus, referred to in
  125  this preamble as “HCV,” or both, and
  126         WHEREAS, in the United States, chronic HBV and HCV are the
  127  most common causes of liver cancer, one of the most lethal and
  128  fastest growing cancers in the United States. Chronic HBV and
  129  HCV are the most common causes of chronic liver disease, liver
  130  cirrhosis, and the most common indication for liver
  131  transplantation. Chronic HCV is also a leading cause of death in
  132  Americans living with HIV/AIDS, many of whom are coinfected with
  133  chronic HBV, HCV, or both. At least 15,000 deaths per year in
  134  the United States can be attributed to chronic HBV and HCV, and
  135         WHEREAS, according to the Centers for Disease Control and
  136  Prevention, referred to in this preamble as the “CDC,”
  137  approximately 2 percent of the population of the United States
  138  is living with chronic HBV, HCV, or both. The CDC has recognized
  139  HCV as the nation’s most common chronic bloodborne virus
  140  infection and HBV as the deadliest vaccine-preventable disease,
  141  and
  142         WHEREAS, HBV is easily transmitted and is 100 times more
  143  infectious than HIV. According to the CDC, HBV is transmitted
  144  percutaneously, by puncture through the skin, or through mucosal
  145  contact with infectious blood or body fluids. HCV is transmitted
  146  by percutaneous exposures to infectious blood, and
  147         WHEREAS, the CDC conservatively estimates that in 2008,
  148  approximately 18,000 Americans were newly infected with HCV and
  149  more than 38,000 Americans were newly infected with HBV, and
  150         WHEREAS, there were 10 outbreaks reported to the CDC for
  151  investigation in 2009 related to healthcare acquired infection
  152  of HBV and HCV. There were another 6,748 patients potentially
  153  exposed to one of the viruses, and
  154         WHEREAS, chronic HBV and chronic HCV usually do not cause
  155  symptoms early in the course of the disease but, after many
  156  years of a clinically “silent” phase, CDC estimates show that
  157  more than 33 percent of infected individuals develop cirrhosis,
  158  end-stage liver disease, or liver cancer. Since most individuals
  159  with chronic HBV, HCV, or both are unaware of their infection,
  160  they do not know to take precautions to prevent the spread of
  161  their infection and can unknowingly exacerbate their own disease
  162  progression, and
  163         WHEREAS, HBV and HCV disproportionately affect certain
  164  populations in the United States. Although representing only 5
  165  percent of the population, Asian and Pacific Islanders account
  166  for more than half of the 1.4 million domestic chronic HBV
  167  cases. Baby boomers born between 1945 and 1965 account for more
  168  than 75 percent of domestic chronic HCV cases. In addition,
  169  African-Americans, Latinos and Latinas, American Indians, and
  170  Native Alaskans are among the groups that have
  171  disproportionately high rates of HBV infections, HCV infections,
  172  or both in the United States, and
  173         WHEREAS, for both chronic HBV and chronic HCV, behavioral
  174  changes can slow disease progression if diagnosis is made early.
  175  Early diagnosis, which is determined through simple diagnostic
  176  tests, can reduce the risk of transmission and disease
  177  progression through education and vaccination of household
  178  members and other susceptible persons at risk, and
  179         WHEREAS, advancements have led to the development of
  180  improved diagnostic tests for viral hepatitis. These tests,
  181  including rapid, point-of-care testing and other forms of
  182  testing in development can facilitate diagnosis, notification of
  183  results, post-test counseling, and referral to care at the time
  184  of the testing visit. In particular, these tests are also
  185  advantageous because they can be used simultaneously with HIV
  186  rapid testing for persons at risk for both HCV and HIV
  187  infections, and
  188         WHEREAS, for those chronically infected with HBV or HCV,
  189  regular monitoring can lead to the early detection of liver
  190  cancer at a stage at which a cure is still possible. Liver
  191  cancer is the second deadliest cancer in the United States.
  192  However, liver cancer has received little funding for research,
  193  prevention, or treatment, and
  194         WHEREAS, treatment for chronic HCV can eradicate the
  195  disease in approximately 75 percent of those currently treated.
  196  The treatment of chronic HBV can effectively suppress viral
  197  replication in the overwhelming majority, or more than 80
  198  percent, of those treated, thereby reducing the risk of
  199  transmission and progression to liver scarring or liver cancer,
  200  even though a complete cure is much less common than for HCV,
  201  and
  202         WHEREAS, to combat the viral hepatitis epidemic in the
  203  United States, in May 2011, the United States Department of
  204  Health and Human Services released, “Combating the Silent
  205  Epidemic of Viral Hepatitis: Action Plan for the Prevention,
  206  Care & Treatment of Viral Hepatitis.” The Institute of Medicine
  207  of the National Academies produced a 2010 report on the federal
  208  response to HBV and HCV titled “Hepatitis and Liver Cancer: A
  209  National Strategy for Prevention and Control of Hepatitis B and
  210  C.” The recommendations and guidelines provide a framework for
  211  HBV and HCV prevention, education, control, research, and
  212  medical management programs, and
  213         WHEREAS, the annual health care costs attributable to viral
  214  hepatitis in the United States are significant. For HBV, it is
  215  estimated to be approximately $2.5 billion, or $2,000 per
  216  infected person. In 2000, the lifetime cost of HBV, before the
  217  availability of most of the current therapies, was approximately
  218  $80,000 per chronically infected person, or more than $100
  219  billion. For HCV, medical costs for patients are expected to
  220  increase from $30 billion in 2009 to more than $85 billion in
  221  2024. Avoiding these costs by screening and diagnosing
  222  individuals earlier and connecting them to appropriate treatment
  223  and care will save lives and critical health care dollars.
  224  Currently, without a comprehensive screening, testing, and
  225  diagnosis program, most patients are diagnosed too late when
  226  they need a liver transplant costing at least $314,000 for
  227  uncomplicated cases or, when the patient has liver cancer or
  228  end-stage liver disease, costing between $30,980 and $110,576
  229  per hospital admission. As health care costs continue to grow,
  230  it is critical that the Federal Government make investments in
  231  effective mechanisms to avoid documented cost drivers, and
  232         WHEREAS, according to the Institute of Medicine report in
  233  2010, chronic HBV and HCV infections cause substantial morbidity
  234  and mortality despite being preventable and treatable.
  235  Deficiencies in the implementation of established guidelines for
  236  the prevention, diagnosis, and medical management of chronic HBV
  237  and HCV infections perpetuate personal and economic burdens.
  238  Existing grants are not sufficient for the scale of the health
  239  burden presented by HBV and HCV, and
  240         WHEREAS, screening and testing for chronic HBV and HCV are
  241  aligned with the United States Department of Health and Human
  242  Services’ Healthy People 2020 goal to increase immunization
  243  rates and reduce preventable infectious diseases. Awareness of
  244  disease and access to prevention and treatment remain essential
  245  components for reducing infectious disease transmission, and
  246         WHEREAS, support is necessary to increase knowledge and
  247  awareness of HBV and HCV and to assist both federal and local
  248  prevention and control efforts in reducing the morbidity and
  249  mortality of these epidemics, NOW, THEREFORE,