New Jersey-2010-A1647-Introduced

An Act establishing a Statewide cord blood bank, requiring health insurers to provide coverage for cord blood banking, supplementing Titles 17 and 26 of the Revised Statutes and Title 17B of the New Jersey Statutes and making an appropriation.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. The Commissioner of Health and Senior Services shall establish and maintain a Statewide allogeneic cord blood bank for the storage of umbilical cord blood stem cells for future autologous use, donation to a designated recipient or donation to an unrelated and unknown person. The Department of Health and Senior Services shall also provide for the collection, limited to two or three hospitals in the State with large obstetrical programs, processing and transporting of umbilical cord blood samples.

b. The commissioner shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section, including rules governing the training and education of obstetricians and patients on cord blood donation, patient qualification standards and informed consent.

c. There is appropriated from the General Fund $5,000,000 to the Department of Health and Senior Services for costs related to this section. The Legislature shall also annually appropriate such sums as it deems necessary to effectuate the purposes of this section.

2. No group hospital service corporation contract providing hospital or medical expense benefits for groups with more than 50 persons shall be delivered, issued, executed or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance on or after the effective date of this act, unless the contract provides benefits to each person covered thereunder for expenses incurred in the collection, processing, transporting and initial storage of umbilical cord blood stem cells for future autologous use or donation for use by the subscriber's child covered under the same health benefits plan.

The benefits shall be provided to the same extent as for any other medical condition under the contract.

The provisions of this section shall apply to all contracts in which the hospital service corporation has reserved the right to change the premium.

3. No group medical service corporation contract providing hospital or medical expense benefits for groups with more than 50 persons shall be delivered, issued, executed or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance on or after the effective date of this act, unless the contract provides benefits to each person covered thereunder for expenses incurred in the collection, processing, transporting and initial storage of umbilical cord blood stem cells for future autologous use or donation for use by the subscriber's child covered under the same health benefits plan.

The benefits shall be provided to the same extent as for any other medical condition under the contract.

The provisions of this section shall apply to all contracts in which the medical service corporation has reserved the right to change the premium.

4. No group health service corporation contract providing hospital or medical expense benefits for groups with more than 50 persons shall be delivered, issued, executed or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance on or after the effective date of this act, unless the contract provides benefits to each person covered thereunder for expenses incurred in the collection, processing, transporting and initial storage of umbilical cord blood stem cells for future autologous use or donation for use by the subscriber's child covered under the same health benefits plan.

The benefits shall be provided to the same extent as for any other medical condition under the contract.

The provisions of this section shall apply to all contracts in which the health service corporation has reserved the right to change the premium.

5. No group health insurance policy providing hospital or medical expense benefits for groups with more than 50 persons shall be delivered, issued, executed or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance on or after the effective date of this act, unless the policy provides benefits to each person covered thereunder for expenses incurred in the collection, processing, transporting and initial storage of umbilical cord blood stem cells for future autologous use or donation for use by the insured's child covered under the same health benefits plan.

The benefits shall be provided to the same extent as for any other medical condition under the policy.

The provisions of this section shall apply to all policies in which the insurer has reserved the right to change the premium.

6. Notwithstanding any provision of law to the contrary, a certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by the Commissioner of Health and Senior Services on or after the effective date of this act unless the health maintenance organization provides for groups with more than 50 enrollees, health care services to any enrollee for the collection, processing, transporting and initial storage of umbilical cord blood stem cells for future autologous use or donation for use by the enrollee's child covered under the same health benefits plan.

The health care services shall be provided to the same extent as for any other medical condition under the contract.

The provisions of this section shall apply to all contracts for health care services by health maintenance organizations under which the right to change the schedule of charges for enrollee coverage is reserved.

7. This act shall take effect on the 30th day after enactment.

STATEMENT

Umbilical cord blood banking is a process in which the umbilical cord blood of a newborn is saved, or "banked," for future use, either for autologous donation, donation for a specific recipient or donation for an unknown person. Umbilical cord blood is a source of stem cells which have been used in the treatment of various cancers and blood disorders.

This bill would establish a Statewide cord blood bank for the storage of cord blood stem cells and provide for the collection, processing and transporting of the samples. In addition, the bill requires health insurers in group plans covering more than 50 persons to provide coverage for the collection, processing, transporting and initial storage of umbilical cord blood for future autologous use or donation for use by the insured's child covered under the same health benefits plan.

The bill further appropriates $5 million from the General Fund for costs related to the collection, processing, transporting and storage of cord blood for the Statewide cord blood bank. The Legislature shall also appropriate necessary sums for these purposes annually.