Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. CS for SB 478 Barcode 368304 LEGISLATIVE ACTION Senate . House Comm: FAV . 01/27/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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,