File No. 368

House of Representatives, April 4, 2006

The Committee on Public Health reported through REP. SAYERS of the 60th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING THE ESTABLISHMENT OF A PUBLIC UMBILICAL CORD BLOOD BANK AND UMBILICAL CORD BLOOD DONATIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2006) On or before January 1, 2007, the Department of Public Health, in collaboration with The University of Connecticut Health Center, shall establish, operate and maintain a public umbilical cord blood bank for the purpose of collecting and storing umbilical cord blood and placental tissue donated by maternity patients at hospitals licensed in this state.

Sec. 2. (NEW) (Effective July 1, 2006) On or before January 1, 2007, the Department of Public Health shall establish a program to educate maternity patients with respect to the subject of umbilical cord blood banking. Such program shall provide maternity patients with sufficient information to make an informed decision on whether or not to participate in a private or public umbilical cord blood banking program and shall include, but not be limited to, (1) an explanation of the difference between public and private umbilical cord blood banking, (2) the medical process involved in umbilical cord blood banking, (3) the current and potential future medical uses of stored umbilical cord blood, (4) the benefits and risks involved in banking umbilical cord blood, and (5) the availability and cost of storing umbilical cord blood and placental tissue in public and private umbilical cord blood banks.

Sec. 3. (NEW) (Effective January 1, 2007) (a) Each physician licensed to practice medicine under chapter 370 of the general statutes and each hospital licensed under chapter 368v of the general statutes shall inform each pregnant patient under the physician's or hospital's care, not later than thirty days from the commencement of the patient's third trimester of pregnancy, of the opportunity to donate to the public umbilical cord blood bank, established under section 1 of this act, blood and tissue extracted from the umbilical cord and placenta, following delivery of a newborn child, at no cost to the patient.

(b) Nothing in this section shall be construed to:

(1) Obligate a hospital to collect umbilical cord blood or placental tissue if, in the professional judgment of a physician licensed to practice medicine in this state, the collection would threaten the health of the mother or child;

(2) Prohibit a maternity patient from donating or storing blood extracted from the umbilical cord or placenta of the patient's newborn child to a private umbilical cord blood and placental tissue bank; or

(3) Impose a requirement upon attending medical personnel who object to umbilical cord blood or placental tissue donation as being in conflict with their religious tenets and practice.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either House thereof for any purpose:

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact: None

Explanation

Establishment of a public umbilical cord blood bank will result in significant costs and a potential significant revenue gain to the state. The Department of Public Health (DPH), in collaboration with the University of Connecticut Health Center (UCHC), would be charged with its development by 1/1/07.

The bill does not specify the location of the required umbilical cord blood bank. Assuming that the repository is to be housed at UCHC, it is estimated that FY 07 costs of $1.9 million would be incurred, with ongoing annual operating costs of $2.38 million in FY 08 and subsequent years (detailed in table below). This estimate assumes a volume of 1,440 specimens per year, which could be subject to change.¹

P.L. 109 – 129, the Stem Cell Therapeutic and Research Act of 2005, creates a national umbilical cord blood program. It provides significant federal funding ($79 million over five years) to support grants to organizations for the collection and storing of cord blood. Should Connecticut be selected to receive grants under this program, a potential significant revenue gain may result.

An annual cost of approximately $25,000 will be incurred by the DPH to educate maternity patients about cord blood banking.

No funding has been included within sHB 5007 (the Revised FY 07 Appropriations Act, as favorably reported by the Appropriations Committee) to implement the bill's provisions.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation and collective bargaining agreements.

OLR Bill Analysis

sHB 5789

AN ACT CONCERNING THE ESTABLISHMENT OF A PUBLIC UMBILICAL CORD BLOOD BANK AND UMBILICAL CORD BLOOD DONATIONS.

SUMMARY:

This bill requires the Department of Public Health (DPH), in collaboration with the University of Connecticut Health Center, to establish and operate a public umbilical cord blood bank by January 1, 2007. The purpose of the blood bank is to collect and store umbilical cord blood and placental tissue donated by maternity patients in state hospitals.

The bill requires DPH to establish an education program for maternity patients on cord blood banking. It also requires physicians and hospitals in the state to inform patients about donating umbilical cord blood.

EFFECTIVE DATE: July 1, 2006, except that the provision requiring physicians and hospitals to inform patients takes effect January 1, 2007.

EDUCATION PROGRAM

By January 1, 2007, the bill requires DPH to establish a program to educate maternity patients about cord blood banking. It must provide patients with enough information to make an informed decision on whether to participate in a cord blood banking program. The education program must include an explanation of the difference between public and private cord blood banking, the medical process involved in cord blood banking, the current and potential future medical uses of stored cord blood, the benefits and risks of banking cord blood, and the availability and cost of public or private banks.

PHYSICIAN AND HOSPITAL RESPONSIBILITIES

The bill requires all licensed hospitals and physicians to inform pregnant patients under their care, within 30 days from the beginning of their third trimester of pregnancy, of the opportunity to donate blood and tissue following delivery to the public cord blood bank the bill establishes. Donation must be at no cost to the donor. The bill specifies that it does not prohibit a maternity patient from donating blood extracted from the umbilical cord or placenta to a private cord blood bank.

Under the bill, a hospital does not have to collect cord blood or placental tissue if a physician determines that it would threaten the health of the mother or child. The bill also specifies that it should not be construed as imposing any requirement on attending medical personnel who object to such donation because of a religious belief.

BACKGROUND

Umbilical Cord Blood

Following the birth of a baby, the umbilical cord usually is discarded along with the placenta. But blood retrieved from the umbilical cord is a rich source of stem cells. These are unspecialized blood cells that produce all other blood cells, including blood-clotting platelets and red and white blood cells. Like donated bone marrow, umbilical cord blood can be used to treat various genetic disorders that affect the blood and immune system.

Both private and public cord blood banks have developed in the last few years in response to the success of umbilical cord blood transplants in treating certain diseases. Private blood banking allows families to preserve their blood for their own use. For-profit private banks charge a fee to preserve a newborn's cord blood for possible use by the family later. Public banks, usually established by medical centers, accept donations for use by anyone in need. Connecticut does not have a public cord blood bank.

COMMITTEE ACTION

Public Health Committee

Joint Favorable Substitute

¹ The State of New Jersey has established two pilot cord blood donation projects, each collecting umbilical cord blood from four participating hospitals, at a cost of approximately $300,000 each.