JD Key Consulting Logo
SB1044

Regular Session

Relating to newborn screening tests for Duchenne muscular dystrophy.

Moderate
Medium Cost
Effective:2025-09-01
SB1044
Moderate
Relating to newborn screening tests for Duchenne muscular dystrophy.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Medium
Effective
2025-09-01
Enforcing Agencies
DSHS
Primary Author: Sen. Tan Parker
89th Texas Legislature
jdkey.com
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.

Need Help Understanding Implementation?

Our government affairs experts can walk you through this bill's specific impact on your operations.

Schedule Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Jan 31, 2025
Passed Senate
Apr 24, 2025
Passed House
May 6, 2025
Signed
May 19, 2025
TopicsHealthHealth--generalHealth--other Diseases & Medical ConditionsMinorsMinors--health & SafetyWomenPregnancy & ChildbirthState Health Services, Department ofBlood & Medical Tests
03

Senate Authors

Sen. Tan ParkerRepublican · Primary Author

House Sponsors

Rep. Giovanni CapriglioneRepublican · Primary Sponsor
Joint Sponsors

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

Explore more bills from this author and on related topics

More from Sen. Tan Parker

View all bills by Sen. Tan Parker

Related by Topic

View more Health legislation
Quick Reference

Frequently Asked Questions

Common questions about SB1044

Q

What does Texas SB1044 do?

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

Need Strategic Guidance on This Bill?

Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.