Text of MA H 2908 (2011)

HOUSE DOCKET, NO. 03288 FILED ON: 01/21/2011 HOUSE . . . . . . . . . . . . . . . No. 02908 The Commonwealth of Massachusetts _______________ PRESENTED BY: Carl M. Sciortino, Jr. _______________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying Resolve: An Act relative to the establishment of a commission to ￿modernize HIV/AIDS Prevention and treatment ￿. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Carl M. Sciortino, Jr. 34th Middlesex Ruth B. Balser 12th Middlesex Tom Sannicandro 7th Middlesex Timothy J. Toomey, Jr. 26th Middlesex Elizabeth A. Malia 11th Suffolk Denise Provost 27th Middlesex James B. Eldridge Middlesex and Worcester Denise Andrews 2nd Franklin Kay Khan 11th Middlesex HOUSE . . . . . . . . . . . . . . . No. 02908 By Mr. Sciortino of Medford, a petition (accompanied by resolve, House, No. 2908) of Khan and others for legislation to establish a commission to ￿modernize HIV/AIDS prevention and treatment ￿ Joint Committee on Public Health. The Commonwealth of Massachusetts _______________ In the Year Two Thousand Eleven _______________ RESOLVE An Act relative to the establishment of a commission to ￿modernize HIV/AIDS Prevention and treatment ￿ Resolved, 1 Whereas HIV continues to affect the lives of thousands of Massachusetts residents with 2 approximately 655 new cases of HIV infection per year and 270 AIDS-related deaths per year on 3 average between 2006 and 2008, and with over 18,000 residents currently living with HIV as of 4 the end of 2009; and 5 Whereas the National HIV/AIDS Strategy Federal Implementation Plan released by the Obama 6 administration in July 2010 calls for “a more coordinated, vigorous national response to the HIV 7 epidemic” with the vision that “The United States will become a place where new HIV infections 8 are rare and when they do occur, every person, regardless of age, gender, race/ethnicity, sexual 9 orientation, gender identity or socio-economic circumstance, will have unfettered access to high 10 quality, life-extending care, free from stigma and discrimination”; and 11 Whereas the National HIV/AIDS Strategy calls on state governments to partner in implementing 12 these goals and encourages them to “establish a lead entity to coordinate the development and 13 implementation of statewide HIV/AIDS plans and be accountable for reporting regularly on 14 progress made towards the goals of the National HIV/AIDS Strategy. To ensure effective 15 collaboration in developing and implementing the statewide plans, the lead entity could be made 16 up of representatives from State and local HIV/AIDS agencies, health departments, tribal 17 governments, private advocacy groups, community-based organizations and people living with 18 HIV;” and 19 Whereas the aids2031 Consortium calls for radical changes in targeting prevention and treatment 20 and indicates, “increasing the durability of treatment programs and reducing the level of new 21 infections to the point that the epidemic can eventually be eliminated requires development new 22 and better AIDS-fighting tools and strategies.” 23 Whereas results of international trials released in autumn of 2010 of post- exposure prophylaxis 24 and microbicidal gels demonstrate the efficacy of new tools to prevent transmission of HIV, but 25 no state has yet determined the most efficacious and efficient way to implement the scientific 26 results of these studies; and 27 Whereas rapid HIV testing, prevention efforts, and treatment options exist in the Commonwealth 28 but are not yet available, affordable, or known by all at-risk individuals or communities as 29 evidenced by continued disparities in HIV transmission and treatment; and 30 Whereas the Commonwealth has an ethical, societal, and fiscal responsibility to determine and 31 implement the best strategies for implementing the latest research and available tools for the 32 reduction of HIV transmission and increased treatment; 33 Now Therefore be Resolved, 34 SECTION 1. There shall be a special commission for the purpose of devising a statewide 35 strategy to modernize HIV/AIDS prevention and treatment in the Commonwealth. The 36 commission shall consist of 4 members appointed by the Department of Public Health, including 37 the Commissioner of Public Health or a designee, the Director of the Bureau of Infectious 38 Diseases or a designee, the Director of the Bureau of Substance Abuse or a designee, a 39 representative of the Statewide Consumer Advisory Board, 8 members selected by the Governor 40 which shall be chosen from individuals nominated by AIDS service organizations reflecting 41 diverse geographies and populations served, including at least on expert in HIV epidemiology 42 and one expert in HIV/AIDS clinical trials, the Director of Medicaid or a designee, 4 members of 43 the senate, 1 of whom shall be a member of the minority party, and 4 members of the house of 44 representatives, 1 of whom shall be a member of the minority party. The governor shall 45 designate a member of the commission as chairperson. The commission shall be established 46 within 90 days of passage of this act. 47 SECTION 2. The commission shall develop a comprehensive plan to address the goals of 48 reducing the number of people who become infected with HIV, increasing access to care and 49 optimizing health outcomes for people living with HIV, and reducing HIV-related health 50 disparities in the Commonwealth, as called for by the National HIV/AIDS Strategy, including a 51 consensus budget proposal, capable of being implemented over a 5 year period, with a focus as 52 follows:- 53 (a) To ensure the collaboration of relevant agencies and organizations in the Commonwealth 54 involved with prevention and treatment of HIV/AIDS 55 (b) To review of goals and recommendations of the National HIV/AIDS Strategy and the 56 aids2031 Consortium and analyze how effective current programs, services, and policies of the 57 Commonwealth are at meeting these goals 58 (c) To review results of recent research developments in both treatment and prevention, 59 including pre- and post-exposure prophylaxis, microbicidal gels, deployment of rapid testing, 60 and determine the best way to utilize these new tools in prevention programs across the state 61 (d) To review research and data on disparities of race, sexual orientation, and gender identity 62 in HIV transmission and treatment outcomes in the Commonwealth, including the Department of 63 Public Health reports, "An Added Burden: The Impact of the HIV/AIDS Epidemic on 64 Communities of Color in Massachusetts," and, “The Health of Lesbian, Gay, Bisexual, and 65 Transgender Persons in Massachusetts,” and to specifically address the needs of these 66 populations in the comprehensive plan 67 (e) To analyze the possibility of research protocols or clinical trials to be carried out by the 68 Department of Public Health in partnership with relevant community-based organizations and 69 health providers to monitor the efficacy of statewide prevention and treatment models, including 70 the active coordination of newer tools such as PEP, PREP, microbicidal gels, and rapid testing 71 (f) To carry out an analysis of the financial and organizational feasibility of utilizing existing 72 state resources for implementing a comprehensive plan to reduce HIV/AIDS 73 (g) To ensure that the state maximizes its ability to leverage outside resources from the 74 federal, municipal, and private sources in the creation of coordinated, comprehensive initiatives 75 to address HIV/AIDS prevention, treatment, and disparities 76 SECTION 3. The commission shall develop a public engagement plan. The commission should 77 actively seek participation from stakeholder groups, organizations, individuals, and agencies, and 78 shall hold at least two public hearings to help inform the development of the comprehensive plan 79 and at least one public hearing following the release of a draft of the comprehensive plan prior to 80 a final plan being submitted to designated officials. 81 SECTION 4. Funding for the operations of the commission shall be subject to appropriation. 82 Any funding provided for the execution of this act shall not be made through any reduction of 83 existing programs, and external sources of funding may be acquired. 84 85 SECTION 5. The commission shall present to the General Court its comprehensive HIV 86 prevention plan to reduce transmission of HIV in the Commonwealth, including a timeline for 87 implementation, cost estimates and finance mechanisms and its recommendations, if any, 88 research protocols, proposals or grant applications, if any, together with drafts of legislation 89 necessary to carry its recommendations into effect by filing them with the Clerk of the House of 90 Representatives, who shall forward the same to the Joint Committee on Public Health, the Joint 91 Committee on Health Care Finance, and the House and Senate Committees on Ways and Weans 92 on or before June 30, 2012. The commission’s role shall be advisory in nature, and its 93 recommendations, decisions, and actions shall not be binding on the executive branch or the 94 legislative branch.