Relating to newborn screening tests for Duchenne muscular dystrophy.
ModeratePlan for compliance
Medium Cost
Effective:2025-09-01
Enforcing Agencies
Department of State Health Services (DSHS)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025 (Statutory enactment).
Compliance Deadline:Contingent/Delayed. Compliance is not required until DSHS issues a formal notice that laboratory facilities are complete and operational. Based on the Fiscal Note, anticipate a start date no earlier than 2027 or 2028.
Agency Rulemaking: DSHS must promulgate rules defining screening protocols and eligibility for follow-up services. These rules will likely be published in the *Texas Register* during the construction phase (2025–2027).
Immediate Action Plan
1.Monitor Appropriations: Confirm in June 2025 if the Texas Legislature funded the DSHS lab construction. If not, the requirement is void.
2.Pause Procurement: Do not order new screening kits or change inventory workflows for September 1, 2025. Wait for the DSHS operational notice.
3.Audit Payer Contracts: Identify which payer contracts allow for immediate rate adjustments based on statutory mandates and prepare notice letters for when the fee increase is announced.
4.Update Job Descriptions: Ensure mid-level provider descriptions include compliance with "current DSHS screening protocols" to cover future expansions without contract amendments.
Operational Changes Required
Contracts
Payer Agreements: Review "Change in Law" provisions in Managed Care Organization (MCO) and private payer contracts. You must prepare to renegotiate reimbursement rates to account for the statutory fee increase once the test goes live.
Interagency Contracts: Public hospitals must monitor the HHSC-DSHS interagency contract for changes to Medicaid reimbursement schedules.
Hiring/Training
Clinical Education: Update training modules for Labor & Delivery staff and midwives regarding the expanded panel. Staff must be prepared to answer parental questions specifically regarding DMD to ensure "Refusal to Screen" documentation is legally valid.
Referral Networks: Establish referral pathways with pediatric neuromuscular specialists to handle presumptive positive results immediately upon program activation.
Reporting & Record-Keeping
EHR Configuration: IT departments must prepare to add a discrete data field for DMD results in the newborn screening module. Do not push this update to production until DSHS confirms the start date.
Refusal Documentation: Ensure "Refusal to Screen" forms cover the expanded panel. Specific objections to genetic testing (DMD) must be documented to mitigate liability.
Fees & Costs
Fee Increase: The Fiscal Note projects a cost increase of $5.23 per test for private pay and $11.87 per test for Medicaid.
Budgeting: Facilities must factor this increase into future operating budgets for FY2027 and beyond.
Strategic Ambiguities & Considerations
The "Funding Trigger" (Section 10): The entire Act is void if the legislature does not specifically appropriate funds. We must verify the 2025 General Appropriations Act to confirm the program's survival.
"Completion" Discretion: Section 9 ties the start date to the "completion of the laboratory." DSHS has sole discretion to determine when the lab is operationally ready, creating a "regulatory gray zone" where the law is in effect but enforcement is suspended.
Service Limits: Section 7 states DSHS will provide services to positive cases "within limits of funds." It is unclear what specific case management or treatment services will be state-funded versus private-pay.
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Duchenne muscular dystrophy (DMD) is a universally fatal, rare pediatric disease resulting from an absence of dystrophin�a protein vital for muscle structure, function, and preservation. Its genetic cause is an alteration (mutation) in the DMD gene that provides the code to make dystrophin�happens before birth and can be inherited or the result of a spontaneous new mutation. Without dystrophin, children with Duchenne experience progressive muscle deterioration and weakness, irreversibly losing the ability to walk, feed themselves, and breathe unassisted over time. Duchenne predominantly affects males, but, in rare cases, can also affect females. One of the most common fatal genetic disorders, DMD affects approximately one in every 3,500�5,000 male births worldwide. Premature death typically occurs in a patient's mid- to late 20s or third decade of life.
Despite advancements in treatment and physician education, the average age of diagnosis for Duchenne is five years�an average of 2.5 years after parents or caregivers first notice the symptoms of the disease. This lag time in diagnosis has remained unchanged for over 20 years. Many families experience a lengthy, arduous journey to a diagnosis, involving months or years of unnecessary interventions and doctors' visits, with some parents reporting that concerns about their child's development are dismissed. Unfortunately, the diagnostic delay is worse for families of color and families from a low socioeconomic status. Because degeneration begins before birth, patients with Duchenne experience irreversible muscle damage while waiting for a diagnosis. Broad adoption of newborn screening for Duchenne would prevent unnecessary testing, shorten the time to diagnosis, and help close the gap in racial and ethnic disparities, empowering families to make earlier and better informed treatment decisions.
S.B. 1044 would establish a newborn screening program for DMD.
As proposed, S.B. 1044 amends current law relating to newborn screening tests for Duchenne muscular dystrophy.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading to Chapter 33, Health and Safety Code, to read as follows:
CHAPTER 33. DUCHENNE MUSCULAR DYSTROPHY, PHENYLKETONURIA, OTHER HERITABLE DISEASES, HYPOTHYROIDISM, AND CERTAIN OTHER DISORDERS
SECTION 2. Amends Section 33.001, Health and Safety Code, by adding Subdivision (6) to define "Duchenne muscular dystrophy."
SECTION 3. Amends Sections 33.002(a) and (c), Health and Safety Code, as follows:
(a) Requires the Department of State Health Services (DSHS) to carry out a program to combat morbidity, including intellectual disability, and mortality in persons who have Duchenne muscular dystrophy or other heritable diseases.
(c) Makes conforming changes to this subsection.
SECTION 4. Amends Section 33.011(a), Health and Safety Code, to make a conforming change.
SECTION 5. Amends Section 33.014(a), Health and Safety Code, to make a conforming change.
SECTION 6. Amends Section 33.031(a), Health and Safety Code, to make a conforming change.
SECTION 7. Amends Section 33.032(a), Health and Safety Code, to make a conforming change.
SECTION 8. Amends Section 203.355(c), Occupations Code, to make a conforming change.
SECTION 9. Requires DSHS, not later than September 1, 2027, to implement the changes in law made by this Act to the newborn screening program under Chapter 33, Health and Safety Code.
Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1044 by Parker (Relating to newborn screening tests for Duchenne muscular dystrophy.), As Introduced
The fiscal implications of the bill cannot be determined because the Department of State Health Services (DSHS) does not currently have the lab capacity to implement requirements under the bill to carry out Duchenne Muscular Dystrophy (DMD) testing and related activities as part of its newborn screening panel by the date certain provided in the bill.
According to DSHS, the current laboratory where newborn screening tests are conducted is at full capacity and does not have space to begin ramp-up activities to implement DMD screening tests. The agency has indicated that the addition of DMD or any other tests to the Texas Newborn Screening Panel would require additional laboratory construction.
To illustrate possible costs related solely to the new screening, the agency has noted that once additional space is constructed, ramp-up activities for adding DMD to the Texas Newborn Screening Panel will take two to four years before testing can begin. DSHS estimates that the first year ramp up costs would be $710,320 and $2,937,025 in the second year, all from the General Revenue Fund. DSHS would require 9.0 full-time equivalent positions (FTEs) in year 1 and 12.0 FTEs in year 2.
After the first two years, revenue from Medicaid reimbursements, based on a DMD test cost of $11.87, is estimated to total $4,053,400 in year 3, $4,912,721 in year 4, and $4,961,849 in year 5, which would be deposited into Account 709, Public Health Medicaid Reimbursements. Revenue from private pay insurance, based on a DMD test cost of $5.23, is estimated to total $780,272 in year 3, $1,576,149 in year 4, and $1,591,909 in year 5, which would be deposited into General Revenue-Dedicated Account 524, Public Health Services Fees.
The Health and Human Services Commission (HHSC) pays DSHS for Medicaid and Children's Health Insurance Program (CHIP) newborn testing through an interagency contract (IAC). HHSC would not have any costs until DSHS implements DMD testing.
Local Government Impact
The fiscal implications of the bill cannot be determined at this time. DSHS will not be able to fully implement the bill until additional laboratory space becomes available.
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Senate Bill 1044 mandates the addition of Duchenne muscular dystrophy (DMD) to the Texas Newborn Screening Panel for all birthing facilities and midwives. While the statutory effective date is September 1, 2025, operational implementation is strictly contingent upon legislative funding and the construction of new DSHS laboratory facilities, creating a projected 2-to-4-year delay before testing physically begins. Implementation Timeline Effective Date: September 1, 2025 (Statutory enactment).
Q
Who authored SB1044?
SB1044 was authored by Texas Senator Tan Parker during the Regular Session.
Q
When was SB1044 signed into law?
SB1044 was signed into law by Governor Greg Abbott on May 19, 2025.
Q
Which agencies enforce SB1044?
SB1044 is enforced by Department of State Health Services (DSHS).
Q
How urgent is compliance with SB1044?
The compliance urgency for SB1044 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB1044?
The cost impact of SB1044 is estimated as "medium". This may vary based on industry and implementation requirements.
Q
What topics does SB1044 address?
SB1044 addresses topics including health, health--general, health--other diseases & medical conditions, minors and minors--health & safety.
Legislative data provided by LegiScanLast updated: November 25, 2025
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