Bill Text: TX HB595 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain health programs and councils.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB595 Detail]
Download: Texas-2013-HB595-Introduced.html
Bill Title: Relating to certain health programs and councils.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB595 Detail]
Download: Texas-2013-HB595-Introduced.html
83R3189 AED-D | ||
By: Kolkhorst | H.B. No. 595 |
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relating to the repeal of certain health programs and councils, to | ||
the review of certain health programs, panels, councils, systems, | ||
foundations, centers, committees, and divisions under the Texas | ||
Sunset Act, and to the transfer of certain functions to the | ||
Department of State Health Services; providing penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 531.021(b), Government Code, is amended | ||
to read as follows: | ||
(b) The commission shall: | ||
(1) plan and direct the Medicaid program in each | ||
agency that operates a portion of the Medicaid program, including | ||
the management of the Medicaid managed care system and the | ||
development, procurement, management, and monitoring of contracts | ||
necessary to implement the Medicaid managed care system; | ||
(2) adopt reasonable rules and standards governing the | ||
determination of fees, charges, and rates for medical assistance | ||
payments under Chapter 32, Human Resources Code, in consultation | ||
with the agencies that operate the Medicaid program; and | ||
(3) establish requirements for and define the scope of | ||
the ongoing evaluation of the Medicaid managed care system | ||
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SECTION 2. Section 531.0214(b), Government Code, is amended | ||
to read as follows: | ||
(b) To minimize cost and duplication of activities, the | ||
commission shall assist and coordinate: | ||
(1) the efforts of the agencies that are participating | ||
in the development of the system required by Subsection (a); and | ||
(2) the efforts of those agencies with the efforts of | ||
other agencies involved in a [ |
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collection system used by the Department of State Health Services | ||
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including avoiding duplication of expenditure of state funds for | ||
computer hardware, staff, or services. | ||
SECTION 3. Section 2054.0541, Government Code, is amended | ||
to read as follows: | ||
Sec. 2054.0541. STATEWIDE HEALTH CARE DATA COLLECTION | ||
SYSTEM. The department shall assist [ |
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Services with planning, analyses, and management functions | ||
relating to the procurement, use, and implementation of a | ||
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Department of State Health Services [ |
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SECTION 4. Chapter 35, Health and Safety Code, is amended by | ||
adding Section 35.014 to read as follows: | ||
Sec. 35.014. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
services program for children with special health care needs is | ||
subject to review under Chapter 325, Government Code (Texas Sunset | ||
Act), as if it were a state agency subject to review under that | ||
chapter. If the program is not continued in existence in accordance | ||
with that chapter, the program is abolished and this chapter | ||
expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 5. Chapter 36, Health and Safety Code, is amended by | ||
adding Section 36.015 to read as follows: | ||
Sec. 36.015. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
screening program for special senses and communication disorders | ||
established under this chapter is subject to review under Chapter | ||
325, Government Code (Texas Sunset Act), as if it were a state | ||
agency subject to review under that chapter. If the program is not | ||
continued in existence in accordance with that chapter, the program | ||
is abolished and this chapter expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 6. Chapter 37, Health and Safety Code, is amended by | ||
adding Section 37.007 to read as follows: | ||
Sec. 37.007. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
program to detect abnormal spinal curvature in children established | ||
under this chapter is subject to review under Chapter 325, | ||
Government Code (Texas Sunset Act), as if it were a state agency | ||
subject to review under that chapter. If the program is not | ||
continued in existence in accordance with that chapter, the program | ||
is abolished and this chapter expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 7. Chapter 38, Health and Safety Code, is amended by | ||
adding Section 38.003 to read as follows: | ||
Sec. 38.003. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
program for the control and eradication of pediculosis in minors | ||
established under this chapter is subject to review under Chapter | ||
325, Government Code (Texas Sunset Act), as if it were a state | ||
agency subject to review under that chapter. If the program is not | ||
continued in existence in accordance with that chapter, the program | ||
is abolished and this chapter expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 8. Chapter 39, Health and Safety Code, is amended by | ||
adding Section 39.007 to read as follows: | ||
Sec. 39.007. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
children's outreach heart program is subject to review under | ||
Chapter 325, Government Code (Texas Sunset Act), as if it were a | ||
state agency subject to review under that chapter. If the program | ||
is not continued in existence in accordance with that chapter, the | ||
program is abolished and this chapter expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 9. Chapter 40, Health and Safety Code, is amended by | ||
adding Section 40.008 to read as follows: | ||
Sec. 40.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
epilepsy program established under this chapter is subject to | ||
review under Chapter 325, Government Code (Texas Sunset Act), as if | ||
it were a state agency subject to review under that chapter. If the | ||
program is not continued in existence in accordance with that | ||
chapter, the program is abolished and this chapter expires | ||
September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 10. Chapter 41, Health and Safety Code, is amended | ||
by adding Section 41.008 to read as follows: | ||
Sec. 41.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
hemophilia assistance program is subject to review under Chapter | ||
325, Government Code (Texas Sunset Act), as if it were a state | ||
agency subject to review under that chapter. If the program is not | ||
continued in existence in accordance with that chapter, the program | ||
is abolished and this chapter expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 11. Chapter 42, Health and Safety Code, is amended | ||
by adding Section 42.019 to read as follows: | ||
Sec. 42.019. SUNSET PROVISION. The kidney health care | ||
division is subject to Chapter 325, Government Code (Texas Sunset | ||
Act). Unless continued in existence as provided by that chapter, | ||
the division is abolished and this chapter expires September 1, | ||
2021. | ||
SECTION 12. Chapter 43, Health and Safety Code, is amended | ||
by adding Section 43.015 to read as follows: | ||
Sec. 43.015. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
oral health improvement services program is subject to review under | ||
Chapter 325, Government Code (Texas Sunset Act), as if it were a | ||
state agency subject to review under that chapter. If the program | ||
is not continued in existence in accordance with that chapter, the | ||
program is abolished and this chapter expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 13. Chapter 46, Health and Safety Code, is amended | ||
by adding Section 46.008 to read as follows: | ||
Sec. 46.008. APPLICATION OF SUNSET ACT TO SYSTEM. (a) The | ||
system implemented in accordance with Section 46.002(a) is subject | ||
to review under Chapter 325, Government Code (Texas Sunset Act), as | ||
if it were a state agency subject to review under that chapter. If | ||
the system is not continued in existence in accordance with that | ||
chapter, the system is abolished and this chapter expires September | ||
1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the system. | ||
SECTION 14. Chapter 47, Health and Safety Code, is amended | ||
by adding Section 47.012 to read as follows: | ||
Sec. 47.012. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
newborn hearing screening, tracking, and intervention program is | ||
subject to review under Chapter 325, Government Code (Texas Sunset | ||
Act), as if it were a state agency subject to review under that | ||
chapter. If the program is not continued in existence in accordance | ||
with that chapter, the program is abolished and this chapter | ||
expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 15. Section 81.010, Health and Safety Code, is | ||
amended by adding Subsection (l) to read as follows: | ||
(l) The Interagency Coordinating Council for HIV and | ||
Hepatitis is subject to Chapter 325, Government Code (Texas Sunset | ||
Act). Unless continued in existence as provided by that chapter, | ||
the council is abolished and this section expires September 1, | ||
2021. | ||
SECTION 16. Chapter 83, Health and Safety Code, is amended | ||
by adding Section 83.0085 to read as follows: | ||
Sec. 83.0085. APPLICATION OF SUNSET ACT TO PROGRAM. (a) | ||
The program created by Section 83.008 is subject to review under | ||
Chapter 325, Government Code (Texas Sunset Act), as if it were a | ||
state agency subject to review under that chapter. If the program | ||
is not continued in existence in accordance with that chapter, the | ||
program is abolished and this chapter expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 17. Subchapter B, Chapter 85, Health and Safety | ||
Code, is amended by adding Section 85.045 to read as follows: | ||
Sec. 85.045. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
state grant program established under this subchapter is subject to | ||
review under Chapter 325, Government Code (Texas Sunset Act), as if | ||
it were a state agency subject to review under that chapter. If the | ||
program is not continued in existence in accordance with that | ||
chapter, the program is abolished and this subchapter expires | ||
September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 18. Subchapter C, Chapter 85, Health and Safety | ||
Code, is amended by adding Section 85.066 to read as follows: | ||
Sec. 85.066. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
Texas HIV medication program is subject to review under Chapter | ||
325, Government Code (Texas Sunset Act), as if it were a state | ||
agency subject to review under that chapter. If the program is not | ||
continued in existence in accordance with that chapter, the program | ||
is abolished and this subchapter expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 19. Subchapter D, Chapter 85, Health and Safety | ||
Code, is amended by adding Section 85.090 to read as follows: | ||
Sec. 85.090. APPLICATION OF SUNSET ACT TO PROGRAMS. (a) | ||
The testing, registration, and counseling programs established | ||
under this subchapter are subject to review under Chapter 325, | ||
Government Code (Texas Sunset Act), as if they were a state agency | ||
subject to review under that chapter. If the programs are not | ||
continued in existence in accordance with that chapter, the | ||
programs are abolished and this subchapter expires September 1, | ||
2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the programs. | ||
SECTION 20. Subchapter A, Chapter 86, Health and Safety | ||
Code, is amended by adding Section 86.006 to read as follows: | ||
Sec. 86.006. SUNSET PROVISION. The advisory council is | ||
subject to Chapter 325, Government Code (Texas Sunset Act). Unless | ||
continued in existence as provided by that chapter, the council is | ||
abolished and this subchapter expires September 1, 2021. | ||
SECTION 21. Section 86.012, Health and Safety Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) The advisory committee is subject to Chapter 325, | ||
Government Code (Texas Sunset Act). Unless continued in existence | ||
as provided by that chapter, the committee is abolished and this | ||
section expires September 1, 2021. | ||
SECTION 22. Section 86.103, Health and Safety Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) The advisory council is subject to Chapter 325, | ||
Government Code (Texas Sunset Act). Unless continued in existence | ||
as provided by that chapter, the council is abolished and this | ||
section expires September 1, 2021. | ||
SECTION 23. Chapter 90, Health and Safety Code, is amended | ||
by adding Section 90.004 to read as follows: | ||
Sec. 90.004. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
osteoporosis program created by Section 90.002 is subject to review | ||
under Chapter 325, Government Code (Texas Sunset Act), as if it were | ||
a state agency subject to review under that chapter. If the program | ||
is not continued in existence in accordance with that chapter, the | ||
program is abolished and this chapter expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 24. Chapter 91, Health and Safety Code, is amended | ||
by adding Section 91.004 to read as follows: | ||
Sec. 91.004. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
program created by Section 91.002 is subject to review under | ||
Chapter 325, Government Code (Texas Sunset Act), as if it were a | ||
state agency subject to review under that chapter. If the program | ||
is not continued in existence in accordance with that chapter, the | ||
program is abolished and this chapter expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 25. Subchapter A, Chapter 93, Health and Safety | ||
Code, is amended by adding Section 93.015 to read as follows: | ||
Sec. 93.015. SUNSET PROVISION. The Council on | ||
Cardiovascular Disease and Stroke is subject to Chapter 325, | ||
Government Code (Texas Sunset Act). Unless continued in existence | ||
as provided by that chapter, the council is abolished and this | ||
chapter expires September 1, 2021. | ||
SECTION 26. Chapter 97, Health and Safety Code, is amended | ||
by adding Section 97.008 to read as follows: | ||
Sec. 97.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The | ||
arthritis control and prevention program is subject to review under | ||
Chapter 325, Government Code (Texas Sunset Act), as if it were a | ||
state agency subject to review under that chapter. If the program | ||
is not continued in existence in accordance with that chapter, the | ||
program is abolished and this chapter expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the program. | ||
SECTION 27. Subchapter A, Chapter 98, Health and Safety | ||
Code, as added by Chapter 359 (S.B. 288), Acts of the 80th | ||
Legislature, Regular Session, 2007, is amended by adding Section | ||
98.003 to read as follows: | ||
Sec. 98.003. SUNSET PROVISION. The Advisory Panel on | ||
Health Care-Associated Infections and Preventable Adverse Events | ||
is subject to Chapter 325, Government Code (Texas Sunset Act). | ||
Unless continued in existence as provided by that chapter, the | ||
advisory panel is abolished and this chapter expires September 1, | ||
2021. | ||
SECTION 28. Chapter 101, Health and Safety Code, is amended | ||
by adding Section 101.011 to read as follows: | ||
Sec. 101.011. SUNSET PROVISION. The Texas Council on | ||
Alzheimer's Disease and Related Disorders is subject to Chapter | ||
325, Government Code (Texas Sunset Act). Unless continued in | ||
existence as provided by that chapter, the council is abolished and | ||
this chapter expires September 1, 2021. | ||
SECTION 29. Chapter 103, Health and Safety Code, is amended | ||
by adding Section 103.020 to read as follows: | ||
Sec. 103.020. SUNSET PROVISION. The Texas Diabetes Council | ||
is subject to Chapter 325, Government Code (Texas Sunset Act). | ||
Unless continued in existence as provided by that chapter, the | ||
council is abolished and this chapter expires September 1, 2021. | ||
SECTION 30. Section 105.001(2), Health and Safety Code, is | ||
amended to read as follows: | ||
(2) "Department" [ |
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State Health Services [ |
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SECTION 31. Section 105.002, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 105.002. ESTABLISHMENT OF CENTER. (a) In conjunction | ||
with the Texas Higher Education Coordinating Board and in such a way | ||
as to avoid duplication of effort, the department [ |
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establish a comprehensive health professions resource center for | ||
the collection and analysis of educational and employment trends | ||
for health professions in this state. | ||
(b) To [ |
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extent funding is available through fees collected under Section | ||
301.155(c), Occupations Code, the department [ |
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establish a nursing resource section within the center for the | ||
collection and analysis of educational and employment trends for | ||
nurses in this state. | ||
(c) If the nursing resource section established under | ||
Subsection (b) is funded from surcharges collected under Section | ||
301.155(c), Occupations Code, the department [ |
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provide the Texas Board of Nursing with an annual accounting of the | ||
money received from the board. The department [ |
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a reasonable amount of the money to pay administrative costs of | ||
maintaining the nursing resource section. | ||
SECTION 32. Sections 105.003(a), (b), (c), (c-1), (d), (f), | ||
and (g), Health and Safety Code, are amended to read as follows: | ||
(a) The department [ |
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collecting and disseminating data on health professions | ||
demonstrating an acute shortage in this state, including: | ||
(1) data concerning nursing personnel; and | ||
(2) data concerning the health professions in which | ||
shortages occur in rural areas. | ||
(b) To the extent possible, the department [ |
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collect the data from existing sources that the department | ||
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enter agreements with those sources that establish guidelines | ||
concerning the identification, acquisition, transfer, and | ||
confidentiality of the data. | ||
(c) The Department of Information Resources, through the | ||
state electronic Internet portal and in consultation with the | ||
department [ |
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and label as "mandatory" the following fields on an application or | ||
renewal form for a license, certificate, or registration for a | ||
person subject to Subsection (c-2): | ||
(1) full name and last four digits of social security | ||
number; | ||
(2) full mailing address; and | ||
(3) educational background and training, including | ||
basic health professions degree, school name and location of basic | ||
health professions degree, and graduation year for basic health | ||
professions degree, and, as applicable, highest professional | ||
degree obtained, related professional school name and location, and | ||
related graduation year. | ||
(c-1) The Department of Information Resources, through the | ||
state electronic Internet portal and in consultation with the | ||
department [ |
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the following fields on an application or renewal form for a | ||
license, certificate, or registration for a person subject to | ||
Subsection (c-2): | ||
(1) date and place of birth; | ||
(2) sex; | ||
(3) race and ethnicity; | ||
(4) location of high school; | ||
(5) mailing address of primary practice; | ||
(6) number of hours per week spent at primary practice | ||
location; | ||
(7) description of primary practice setting; | ||
(8) primary practice information, including primary | ||
specialty practice, practice location zip code, and county; and | ||
(9) information regarding any additional practice, | ||
including description of practice setting, practice location zip | ||
code, and county. | ||
(d) To the extent feasible, the department [ |
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use a researcher with a doctorate in nursing to collect, analyze, | ||
and disseminate nursing data that may be used to predict supply and | ||
demand for nursing personnel in this state using appropriate | ||
federal or state supply-and-demand models. The nursing data must | ||
at least: | ||
(1) include demographics, areas of practice, supply, | ||
demand, and migration; and | ||
(2) be analyzed to identify trends relating to numbers | ||
and geographical distribution, practice setting, and area of | ||
practice and, to the extent possible, compare those trends with | ||
corresponding national trends. | ||
(f) The relevant members of the Health Professions Council, | ||
in conjunction with the Department of Information Resources, shall | ||
ensure that the information collected under Subsections (c) and | ||
(c-1) is transmitted to the department [ |
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information as needed and conduct related workforce studies, | ||
including a determination of the geographical distribution of the | ||
reporting professionals. | ||
(g) The relevant members of the Health Professions Council, | ||
in conjunction with the Department of Information Resources, shall | ||
ensure that the following information is submitted to the | ||
department [ |
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subject to Subsection (c-2): | ||
(1) certification, registration, or license number; | ||
(2) issuance date; | ||
(3) method of certification, registration, or | ||
licensure; and | ||
(4) certification, registration, or licensure status. | ||
SECTION 33. Section 105.004, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 105.004. REPORTS. (a) The department [ |
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use the data collected and analyzed under this chapter to publish | ||
reports regarding: | ||
(1) the educational and employment trends for health | ||
professions; | ||
(2) the supply and demand of health professions; and | ||
(3) other issues, as necessary, concerning health | ||
professions in this state. | ||
(b) The department [ |
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regarding the data collected and analyzed under this chapter | ||
related to: | ||
(1) the educational and employment trends of nursing | ||
professionals; | ||
(2) the supply and demand of nursing professionals; | ||
and | ||
(3) other issues, as determined necessary by the | ||
department [ |
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state. | ||
SECTION 34. Section 105.007, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 105.007. CLEARINGHOUSE. (a) As part of the | ||
comprehensive health professions resource center, the department | ||
[ |
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professionals seeking collaborative practice. | ||
(b) The department [ |
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(1) set and collect a reasonable fee to offset the cost | ||
of complying with this section; | ||
(2) solicit, receive, and spend grants, gifts, and | ||
donations from public and private sources to comply with this | ||
section; and | ||
(3) contract with public or private entities in the | ||
performance of the department's [ |
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section. | ||
SECTION 35. Section 105.008, Health and Safety Code, is | ||
amended by amending Subsections (e) and (h) and adding Subsection | ||
(l) to read as follows: | ||
(e) The nursing resource section shall contract with an | ||
independent researcher to develop the research design and conduct | ||
the research. The independent researcher must be selected by a | ||
selection committee composed of: | ||
(1) [ |
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[ |
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Health Care Policy Council; | ||
(2) [ |
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Nursing; | ||
(3) [ |
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Education Coordinating Board, designated by the governor; | ||
(4) [ |
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Hospital Association; | ||
(5) [ |
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Association of Business; and | ||
(6) [ |
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competency assessment program that meets the requirements of | ||
Section 301.157(d-8), Occupations Code[ |
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[ |
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(h) The executive commissioner of the Health and Human | ||
Services Commission [ |
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(l) This section expires December 31, 2017. | ||
SECTION 36. Chapter 105, Health and Safety Code, is amended | ||
by adding Section 105.009 to read as follows: | ||
Sec. 105.009. APPLICATION OF SUNSET ACT TO CENTER. (a) The | ||
comprehensive health professions resource center created by | ||
Section 105.002 is subject to review under Chapter 325, Government | ||
Code (Texas Sunset Act), as if it were a state agency subject to | ||
review under that chapter. If the center is not continued in | ||
existence in accordance with that chapter, the center is abolished | ||
and this chapter expires September 1, 2021. | ||
(b) To the extent that Chapter 325, Government Code (Texas | ||
Sunset Act), places a duty on a state agency subject to review under | ||
that chapter, the department shall perform the duty as it relates to | ||
the center. | ||
SECTION 37. Chapter 112, Health and Safety Code, is amended | ||
by adding Section 112.015 to read as follows: | ||
Sec. 112.015. SUNSET PROVISION. The Border Health | ||
Foundation is subject to Chapter 325, Government Code (Texas Sunset | ||
Act). Unless continued in existence as provided by that chapter, | ||
the foundation is abolished and this chapter expires September 1, | ||
2021. | ||
SECTION 38. The heading to Chapter 114, Health and Safety | ||
Code, is amended to read as follows: | ||
CHAPTER 114. [ |
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SECTION 39. Section 114.001, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 114.001. DEFINITION. In this chapter, "institution of | ||
higher education" has the meaning assigned by Section 61.003, | ||
Education Code [ |
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SECTION 40. Section 114.005, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 114.005. REVIEW OF AGENCY PROGRAMS. The institutions | ||
of higher education that receive state money for obesity research | ||
[ |
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Department of Agriculture, the Department of State Health Services, | ||
and the Texas Education Agency that promote better health and | ||
nutrition and prevent obesity among children and adults in this | ||
state. | ||
SECTION 41. Sections 114.007(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) Not later than January 15 of each even-numbered | ||
[ |
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performing the review under Section 114.005 [ |
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jointly submit a report to the governor, the lieutenant governor, | ||
and the speaker of the house of representatives on the activities of | ||
the institutions [ |
||
|
||
(b) A report submitted by the institutions of higher | ||
education [ |
||
information regarding discussions of agency programs under Section | ||
114.005: | ||
(1) a list of the programs within each agency | ||
[ |
||
health and nutrition; | ||
(2) an assessment of the steps taken by each program | ||
during the preceding two calendar years; | ||
(3) a report of the progress made by taking these steps | ||
in reaching each program's goals; | ||
(4) the areas of improvement that are needed in each | ||
program; and | ||
(5) recommendations for future goals or legislation. | ||
SECTION 42. Section 115.012, Health and Safety Code, as | ||
added by Chapters 835 (S.B. 1824) and 1133 (H.B. 2196), Acts of the | ||
81st Legislature, Regular Session, 2009, is amended to read as | ||
follows: | ||
Sec. 115.012. SUNSET PROVISION. The Interagency Task Force | ||
for Children With Special Needs is subject to Chapter 325, | ||
Government Code (Texas Sunset Act). Unless continued in existence | ||
as provided by that chapter, the task force is abolished and this | ||
chapter expires September 1, 2021 [ |
||
SECTION 43. Section 221.005(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) This chapter does not exempt a corporation or user from | ||
compliance with Chapter [ |
||
SECTION 44. Section 222.022(1), Health and Safety Code, is | ||
amended to read as follows: | ||
(1) "Health care facility" means a public or private | ||
hospital, skilled nursing facility, intermediate care facility, | ||
ambulatory surgical center, family planning clinic that performs | ||
ambulatory surgical procedures, rural or urban health initiative | ||
clinic, end stage renal disease facility, or inpatient | ||
rehabilitation facility. The term does not include the office of | ||
physicians or practitioners of the healing arts practicing | ||
individually or in groups or [ |
||
|
||
dependency treatment facility licensed by the Department of State | ||
Health Services [ |
||
SECTION 45. Section 311.033(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) A hospital that does not submit to the department the | ||
data required under this section is subject to civil penalties | ||
under Section 311.0331 [ |
||
SECTION 46. Subchapter C, Chapter 311, Health and Safety | ||
Code, is amended by adding Section 311.0331 to read as follows: | ||
Sec. 311.0331. FAILURE TO SUBMIT DATA; CIVIL PENALTY. (a) | ||
If the department does not receive necessary data from a hospital as | ||
required by Section 311.033, the department shall send to the | ||
hospital a notice requiring the hospital to submit the data not | ||
later than the 30th day after the date on which the hospital | ||
receives the notice. | ||
(b) A hospital that does not submit the data during the | ||
period determined under Subsection (a) is subject to a civil | ||
penalty of not more than $500 for each day after the period that | ||
hospital fails to submit the data. | ||
(c) At the request of the executive commissioner of the | ||
Health and Human Services Commission, the attorney general shall | ||
sue in the name of the state to recover the civil penalty. | ||
SECTION 47. Section 577.016(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The department may deny, suspend, or revoke a license if | ||
the department finds that the applicant or licensee has | ||
substantially failed to comply with: | ||
(1) department rules; | ||
(2) this subtitle; or | ||
(3) Chapter [ |
||
SECTION 48. Section 1001.071, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 1001.071. GENERAL POWERS AND DUTIES OF DEPARTMENT | ||
RELATED TO HEALTH CARE. The department is responsible for | ||
administering human services programs regarding the public health, | ||
including: | ||
(1) implementing the state's public health care | ||
delivery programs under the authority of the department; | ||
(2) administering state health facilities, hospitals, | ||
and health care systems; | ||
(3) developing and providing health care services, as | ||
directed by law; | ||
(4) providing for the prevention and control of | ||
communicable diseases; | ||
(5) providing public education on health-related | ||
matters, as directed by law; | ||
(6) compiling, collecting, and reporting | ||
health-related information, as directed by law; | ||
(7) acting as the lead agency for implementation of | ||
state policies regarding the human immunodeficiency virus and | ||
acquired immunodeficiency syndrome and administering programs | ||
related to the human immunodeficiency virus and acquired | ||
immunodeficiency syndrome; | ||
(8) investigating the causes of injuries and methods | ||
of prevention; | ||
(9) administering a grant program to provide | ||
appropriated money to counties, municipalities, public health | ||
districts, and other political subdivisions for their use to | ||
provide or pay for essential public health services; | ||
(10) administering the registration of vital | ||
statistics; | ||
(11) licensing, inspecting, and enforcing regulations | ||
regarding health facilities, other than long-term care facilities | ||
regulated by the Department of Aging and Disability Services; | ||
(12) implementing established standards and | ||
procedures for the management and control of sanitation and for | ||
health protection measures; | ||
(13) enforcing regulations regarding radioactive | ||
materials; | ||
(14) enforcing regulations regarding food, bottled | ||
and vended drinking water, drugs, cosmetics, and health devices; | ||
(15) enforcing regulations regarding food service | ||
establishments, retail food stores, mobile food units, and roadside | ||
food vendors; and | ||
(16) enforcing regulations controlling hazardous | ||
substances in households and workplaces. | ||
SECTION 49. Chapter 1001, Health and Safety Code, is | ||
amended by adding Subchapter G to read as follows: | ||
SUBCHAPTER G. SUBMISSION AND COLLECTION OF HEALTH CARE DATA | ||
Sec. 1001.171. DEFINITION. In this subchapter, "rural | ||
provider" means a provider: | ||
(1) located in a county: | ||
(A) with a population of 35,000 or less; or | ||
(B) with a population of more than 35,000, that | ||
has 100 or fewer licensed hospital beds, and that is not located in | ||
an area that is delineated as an urbanized area by the United States | ||
Census Bureau; and | ||
(2) that is not a state-owned hospital or a hospital | ||
that is managed or owned, directly or indirectly, by an individual, | ||
association, partnership, corporation, or other legal entity that | ||
owns or manages one or more other hospitals. | ||
Sec. 1001.172. DATA SUBMISSION AND COLLECTION. (a) The | ||
department may collect and, except as provided by Subsections (c) | ||
and (d), providers shall submit to the department or another entity | ||
as determined by the department all data required by this section. | ||
The data must be collected according to uniform submission formats, | ||
coding systems, and other technical specifications necessary to | ||
make the incoming data substantially valid, consistent, | ||
compatible, and manageable using electronic data processing, if | ||
available. | ||
(b) The executive commissioner shall adopt rules to | ||
implement the data submission requirements imposed by Subsection | ||
(a) in appropriate stages to allow for the development of efficient | ||
systems for the collection and submission of the data. A rule | ||
adopted by the executive commissioner that requires submission of a | ||
data element that was not required to be submitted before adoption | ||
of the rule: | ||
(1) may not take effect before the 90th day after the | ||
date the rule is adopted; and | ||
(2) must take effect not later than the first | ||
anniversary after the date the rule is adopted. | ||
(c) A rural provider may provide the data required by this | ||
subchapter. | ||
(d) A hospital may provide the data required by this | ||
subchapter if the hospital: | ||
(1) is exempt from state franchise, sales, ad valorem, | ||
or other state or local taxes; and | ||
(2) does not seek or receive reimbursement for | ||
providing health care services to patients from any source, | ||
including: | ||
(A) the patient or any person legally obligated | ||
to support the patient; | ||
(B) a third-party payor; and | ||
(C) Medicaid, Medicare, or any other federal, | ||
state, or local program for indigent health care. | ||
(e) The department may not collect data from: | ||
(1) an individual physician; or | ||
(2) except to the extent the entity owns and operates a | ||
health care facility in this state, an entity that is composed | ||
entirely of physicians and that is: | ||
(A) formed under Title 7, Business Organizations | ||
Code; | ||
(B) a professional association organized under | ||
the former Texas Professional Association Act (Article 1528f, | ||
Vernon's Texas Civil Statutes) or formed under the Texas | ||
Professional Association Law, as described by Section 1.008, | ||
Business Organizations Code; | ||
(C) a limited liability partnership organized | ||
under former Section 3.08, Texas Revised Partnership Act (Article | ||
6132b-3.08, Vernon's Texas Civil Statutes) or described by | ||
Subchapter J, Chapter 152, Business Organizations Code; or | ||
(D) a limited liability company organized under | ||
the former Texas Limited Liability Company Act (Article 1528n, | ||
Vernon's Texas Civil Statutes) or formed under the Texas Limited | ||
Liability Company Law, as described by Section 1.008, Business | ||
Organizations Code. | ||
(e-1) Subsection (e) does not prohibit the release of data | ||
about physicians using uniform physician identifiers collected | ||
from a health care facility under this subchapter. | ||
(f) The department is the single collection point for the | ||
receipt of data from providers. The department may transfer | ||
collection of any data required to be collected by the department | ||
under any other law to the statewide health care data collection | ||
system. | ||
(g) The department may not require a provider to submit data | ||
more frequently than quarterly. A provider may submit data more | ||
frequently than quarterly. | ||
(h) The department shall coordinate data collection with | ||
the data collection formats used by federally qualified health | ||
centers. To satisfy the requirements of this subchapter: | ||
(1) a federally qualified health center shall submit | ||
annually to the department a copy of the Medicaid cost report of | ||
federally qualified health centers; and | ||
(2) a provider receiving federal funds under 42 U.S.C. | ||
Section 254b, 254c, or 256 shall submit annually to the department a | ||
copy of the Bureau of Common Reporting Requirements data report | ||
developed by the United States Public Health Service. | ||
(i) The department shall coordinate data collection with | ||
the data submission formats used by hospitals and other providers. | ||
The department shall accept data in the format developed by the | ||
American National Standards Institute or its successors or other | ||
nationally accepted standardized forms that hospitals and other | ||
providers use for other complementary purposes. | ||
(j) The executive commissioner by rule shall develop | ||
reasonable alternate data submission procedures for providers that | ||
do not possess electronic data processing capacity. | ||
(k) The department shall collect health care data elements | ||
relating to payer type, the racial and ethnic background of | ||
patients, and the use of health care services by consumers. The | ||
department shall prioritize data collection efforts on inpatient | ||
and outpatient surgical and radiological procedures from | ||
hospitals, ambulatory surgical centers, and freestanding radiology | ||
centers. | ||
(l) To the extent feasible, the department shall obtain from | ||
public records the information that is available from those | ||
records. | ||
(m) A provider of a health benefit plan shall annually | ||
submit to the department aggregate data by service area required by | ||
the Health Plan Employer Data and Information Set as operated by the | ||
National Committee for Quality Assurance. The department may | ||
approve the submission of data in accordance with other methods | ||
generally used by the health benefit plan industry. If the Health | ||
Plan Employer Data and Information Set does not generally apply to a | ||
health benefit plan, the department shall require submission of | ||
data in accordance with other methods. This subsection does not | ||
relieve a health care facility that provides services under a | ||
health benefit plan from the requirements of this subchapter. | ||
Information submitted under this section: | ||
(1) is subject to Section 1001.174; and | ||
(2) is not subject to Section 1001.173. | ||
Sec. 1001.173. COLLECTION AND DISSEMINATION OF PROVIDER | ||
QUALITY DATA. (a) Subject to Section 1001.172, the department | ||
shall collect data reflecting provider quality based on a | ||
methodology and review process established in department rules. | ||
The methodology must identify and measure quality standards and | ||
adhere to any federal mandates. | ||
(b) The department shall study and analyze initial | ||
methodologies for obtaining provider quality data, including | ||
outcome data. | ||
(c) Provider quality data for reports shall be published and | ||
made available to the public, on a time schedule the department | ||
considers appropriate. | ||
(d) If the department determines that provider quality data | ||
to be published under Subsection (c) does not provide the intended | ||
result or is inaccurate or inappropriate for dissemination, the | ||
department is not required to publish the data or reports based in | ||
whole or in part on the data. This subsection does not affect the | ||
release of public use data in accordance with Section 1001.174 or | ||
the release of information submitted under Section 1001.172(m). | ||
(e) The executive commissioner shall adopt rules allowing a | ||
provider to submit concise written comments regarding any specific | ||
provider quality data to be released concerning the provider. The | ||
department shall make the comments available to the public and in an | ||
electronic form accessible through the Internet. The comments | ||
shall be attached to any public release of provider quality data. | ||
Providers shall submit the comments to the department to be | ||
attached to the public release of provider quality data in the same | ||
format as the provider quality data that is to be released. | ||
(f) The methodology adopted by the department for measuring | ||
quality shall include case-mix qualifiers, severity adjustment | ||
factors, adjustments for medical education and research, and any | ||
other factors necessary to accurately reflect provider quality. | ||
(g) In addition to the requirements of this section, any | ||
release of provider quality data shall comply with Sections | ||
1001.174(g) and (h). | ||
(h) A provider quality data report may not identify an | ||
individual physician by name. A provider quality data report must | ||
identify a physician by the uniform physician identifier designated | ||
by the department under Section 1001.174(c). | ||
(i) The department shall release provider quality data in an | ||
aggregate form without uniform physician identifiers if: | ||
(1) the data relates to a rural provider; or | ||
(2) the cell size of the data is less than the minimum | ||
size established by department rule that would enable | ||
identification of an individual patient or physician. | ||
Sec. 1001.174. DISSEMINATION OF PUBLIC USE DATA AND | ||
DEPARTMENT PUBLICATIONS. (a) The department shall promptly | ||
provide public use data and data collected in accordance with | ||
Section 1001.172(m) to those requesting it. The public use data | ||
does not include provider quality data prescribed by Section | ||
1001.173 or confidential data prescribed by Section 1001.176. | ||
(b) Subject to the restrictions on access to department data | ||
prescribed by Sections 1001.173 and 1001.176, and using the public | ||
use data and other data, records, and matters of record available to | ||
the department, the department shall prepare and issue reports to | ||
the governor, the legislature, and the public as provided by this | ||
section. The department must issue the reports at least annually. | ||
(c) Subject to the restrictions on access to department data | ||
prescribed by Sections 1001.173 and 1001.176, the department shall | ||
use public use data to prepare and issue reports that provide | ||
information relating to providers, including the incidence rate of | ||
selected medical or surgical procedures. The reports must provide | ||
the data in a manner that identifies individual providers, | ||
including individual physicians, and that identifies and compares | ||
data elements for all providers. An individual physician may not be | ||
identified by name. An individual physician shall be identified by | ||
uniform physician identifiers. The executive commissioner by rule | ||
shall designate the characters to be used as uniform physician | ||
identifiers. | ||
(d) The department shall use public use data to prepare and | ||
issue reports that provide information for review and analysis by | ||
the commission relating to services that are provided: | ||
(1) in a niche hospital, as that term is defined by | ||
Section 105.002, Occupations Code; and | ||
(2) by a physician with an ownership interest in the | ||
niche hospital. | ||
(e) Subsection (d) does not apply to an ownership interest | ||
in publicly available shares of a registered investment company, | ||
including a mutual fund, that owns publicly traded equity | ||
securities or debt obligations issued by a niche hospital or an | ||
entity that owns a niche hospital. | ||
(f) The department shall adopt procedures to establish the | ||
accuracy and consistency of the public use data before releasing | ||
the public use data to the public. | ||
(g) If public use data is requested from the department | ||
about a specific provider, the department shall notify the provider | ||
about the release of the data. A provider may not interfere with | ||
the release of the data. | ||
(h) A report issued by the department shall include a | ||
reasonable review and comment period for the affected providers | ||
before public release of the report. | ||
(i) The executive commissioner shall adopt rules allowing a | ||
provider to submit concise written comments regarding any specific | ||
public use data to be released concerning the provider. The | ||
department shall make the comments available to the public and in an | ||
electronic form accessible through the Internet. The comments | ||
shall be attached to any public release of the public use data. A | ||
provider shall submit the comments to the department to be attached | ||
to the public release of public use data in the same format as the | ||
public use data that is to be released. | ||
(j) Electronic media containing public use data and | ||
provider quality reports that is released to the public must | ||
include general consumer education material, including an | ||
explanation of the benefits and limitations of the information | ||
provided in the public use data and provider quality reports. | ||
(k) The department shall release public use data in an | ||
aggregate form without uniform physician identifiers if: | ||
(1) the data relates to a rural provider; or | ||
(2) the cell size of the data is less than the minimum | ||
size established by department rule that would enable | ||
identification of an individual patient or physician. | ||
Sec. 1001.175. COMPUTER ACCESS TO DATA. (a) The department | ||
shall provide for computer-to-computer access to the public use | ||
data. A report must maintain patient confidentiality as provided | ||
by Section 1001.176. | ||
(b) The department may charge a person requesting public use | ||
or provider quality data a fee for the data. The fee: | ||
(1) may reflect the quantity of information provided | ||
and the expense incurred by the department in collecting and | ||
providing the data; and | ||
(2) must be set at a level that will raise revenue | ||
sufficient for the department's operations under this subchapter. | ||
(c) The department may not charge a fee for providing public | ||
use data to a state agency. | ||
Sec. 1001.176. CONFIDENTIALITY AND GENERAL ACCESS TO DATA. | ||
(a) The department and commission shall use data received by the | ||
department under this subchapter for the benefit of the public. | ||
Subject to specific limitations established by this subchapter and | ||
executive commissioner rule, the department shall make | ||
determinations on requests for information in favor of access. | ||
(b) The executive commissioner by rule shall designate the | ||
characters to be used as uniform patient identifiers. The basis for | ||
assignment of the characters and the manner in which the characters | ||
are assigned are confidential. | ||
(c) Unless specifically authorized by this subchapter, the | ||
department may not release and a person may not gain access to any | ||
data obtained under this subchapter that: | ||
(1) could reasonably be expected to reveal the | ||
identity of a patient; | ||
(2) could reasonably be expected to reveal the | ||
identity of a physician; | ||
(3) discloses a provider discount or a differential | ||
between payments and billed charges; | ||
(4) relates to actual payments to an identified | ||
provider made by a payer; or | ||
(5) is submitted to the department in a uniform | ||
submission format that is not included in the public use data set | ||
established, except in accordance with Section 1001.177. | ||
(d) Except as provided by this section, all data collected | ||
and used by the department under this subchapter is subject to the | ||
confidentiality provisions and criminal penalties of: | ||
(1) Section 81.103; | ||
(2) Section 311.037; and | ||
(3) Section 159.002, Occupations Code. | ||
(e) Data on patients and compilations produced from the data | ||
collected that identifies a patient is not: | ||
(1) subject to discovery, subpoena, or any other means | ||
of legal compulsion for release to any person or entity except as | ||
provided by this section; or | ||
(2) admissible in any civil, administrative, or | ||
criminal proceeding. | ||
(f) Data on physicians and compilations produced from the | ||
data collected that identifies a physician is not: | ||
(1) subject to discovery, subpoena, or any other means | ||
of legal compulsion for release to any person or entity except as | ||
provided by this section; or | ||
(2) admissible in any civil, administrative, or | ||
criminal proceeding. | ||
(g) Unless specifically authorized by this subchapter, the | ||
department may not release data elements in a manner that will | ||
reveal the identity of a patient or a physician. | ||
(h) Subsections (c) and (g) do not prohibit the release of a | ||
uniform physician identifier in conjunction with: | ||
(1) a provider quality report in accordance with | ||
Section 1001.173; or | ||
(2) associated public use data in accordance with | ||
Section 1001.174. | ||
(i) Notwithstanding any other law and except as provided by | ||
this section, the department may provide information made | ||
confidential by this section to the commission or a health and human | ||
services agency as defined by Section 531.001, Government Code, | ||
provided that the receiving agency has appropriate controls in | ||
place to ensure the confidentiality of any personal information | ||
contained in the information shared by the department under this | ||
subsection is subject to the limits of further disclosure described | ||
by Subsection (f). | ||
(j) The executive commissioner by rule shall develop and | ||
implement a mechanism to comply with Subsections (c)(1) and (2). | ||
(k) The department may disclose data collected under this | ||
subchapter that is not included in public use data to any department | ||
or commission program if the disclosure is reviewed and approved by | ||
the institutional review board under Section 1001.177. | ||
(l) Confidential data collected under this subchapter that | ||
is disclosed to a department or commission program remains subject | ||
to the confidentiality provisions of this subchapter and other | ||
applicable law. The department shall identify the confidential | ||
data that is disclosed to a program under Subsection (k). The | ||
program shall maintain the confidentiality of the disclosed | ||
confidential data. | ||
(m) The following provisions do not apply to the disclosure | ||
of data to a department or commission program: | ||
(1) Section 81.103; | ||
(2) Sections 1001.173(g) and (h); | ||
(3) Sections 1001.174(g) and (h); | ||
(4) Section 311.037; and | ||
(5) Section 159.002, Occupations Code. | ||
(n) Nothing in this section authorizes the disclosure of | ||
physician identifying data. | ||
Sec. 1001.177. INSTITUTIONAL REVIEW BOARD. (a) The | ||
department shall establish an institutional review board to review | ||
and approve requests for access to data not contained in public use | ||
data. | ||
(b) The members of the institutional review board must have | ||
experience and expertise in ethics, patient confidentiality, and | ||
health care data. | ||
(c) To assist the institutional review board in determining | ||
whether to approve a request for information, the executive | ||
commissioner shall adopt rules similar to the federal Centers for | ||
Medicare and Medicaid Services' guidelines on releasing data. | ||
(d) A request for information, other than public use data, | ||
must be made on the form prescribed by the department. | ||
(e) Any approval to release information under this section | ||
must require that the confidentiality provisions of this subchapter | ||
be maintained and that any subsequent use of the information | ||
conform to the confidentiality provisions of this subchapter. | ||
Sec. 1001.1775. LIST OF PURCHASERS OR RECIPIENTS OF DATA. | ||
The department shall post on the department's Internet website a | ||
list of each entity that purchases or receives data collected under | ||
this subchapter. | ||
Sec. 1001.178. CIVIL PENALTY. (a) A person who knowingly | ||
or negligently releases data in violation of this subchapter is | ||
liable for a civil penalty of not more than $10,000. | ||
(b) A person who fails to supply available data under | ||
Sections 1001.172 and 1001.173 is liable for a civil penalty of not | ||
less than $1,000 or more than $10,000 for each violation. | ||
(c) If requested by the department, the attorney general | ||
shall enforce this subchapter. | ||
(d) The venue of an action brought under this section is in | ||
Travis County. | ||
(e) A civil penalty recovered in a suit instituted by the | ||
attorney general under this subchapter shall be deposited in the | ||
general revenue fund to the credit of the health care information | ||
account. | ||
Sec. 1001.179. CRIMINAL PENALTY. (a) A person commits an | ||
offense if the person: | ||
(1) knowingly accesses data in violation of this | ||
subchapter; or | ||
(2) releases data, with criminal negligence, in | ||
violation of this subchapter. | ||
(b) An offense under this section is a state jail felony. | ||
Sec. 1001.180. RULES. The executive commissioner may adopt | ||
rules as necessary to implement this subchapter, including rules | ||
that: | ||
(1) prescribe a process for providers to submit data | ||
consistent with Section 1001.172; and | ||
(2) adopt and implement a methodology to collect and | ||
disseminate data reflecting provider quality in accordance with | ||
Section 1001.173. | ||
SECTION 50. Section 56.3075(a), Education Code, is amended | ||
to read as follows: | ||
(a) If the money available for TEXAS grants in a period for | ||
which grants are awarded is sufficient to provide grants to all | ||
eligible applicants in amounts specified by Section 56.307, the | ||
coordinating board may use any excess money available for TEXAS | ||
grants to award a grant in an amount not more than three times the | ||
amount that may be awarded under Section 56.307 to a student who: | ||
(1) is enrolled in a program that fulfills the | ||
educational requirements for licensure or certification by the | ||
state in a health care profession that the coordinating board, in | ||
consultation with the Texas Workforce Commission and the Department | ||
of State Health Services [ |
||
has identified as having a critical shortage in the number of | ||
license holders needed in this state; | ||
(2) has completed at least one-half of the work toward | ||
a degree or certificate that fulfills the educational requirement | ||
for licensure or certification; and | ||
(3) meets all the requirements to receive a grant | ||
award under Section 56.307. | ||
SECTION 51. Section 56.4075(a), Education Code, is amended | ||
to read as follows: | ||
(a) The coordinating board may award a grant in an amount | ||
not more than three times the amount that may be awarded under | ||
Section 56.407 to a student who: | ||
(1) is enrolled in a program that fulfills the | ||
educational requirements for licensure or certification by the | ||
state in a health care profession that the coordinating board, in | ||
consultation with the Texas Workforce Commission and the Department | ||
of State Health Services [ |
||
has identified as having a critical shortage in the number of | ||
license holders needed in this state; | ||
(2) has completed at least one-half of the work toward | ||
a degree or certificate that fulfills the educational requirement | ||
for licensure or certification; and | ||
(3) meets all the requirements to receive a grant | ||
award under Section 56.407. | ||
SECTION 52. Section 501.253(a), Insurance Code, is amended | ||
to read as follows: | ||
(a) The office is entitled to information that is | ||
confidential under a law of this state, including Section 843.006 | ||
of this code, Subchapter G, Chapter 1001 [ |
||
Code, and Chapter 552, Government Code. | ||
SECTION 53. Section 301.157(h), Occupations Code, is | ||
amended to read as follows: | ||
(h) The board, in collaboration with the nursing educators, | ||
the Texas Higher Education Coordinating Board, and the Department | ||
of State Health Services [ |
||
implement, monitor, and evaluate a plan for the creation of | ||
innovative nursing education models that promote increased | ||
enrollment in this state's nursing programs. | ||
SECTION 54. (a) The following laws are repealed: | ||
(1) Chapter 104, Health and Safety Code; | ||
(2) Chapter 108, Health and Safety Code; and | ||
(3) Sections 114.002, 114.003, 114.004, 114.006, | ||
114.007(c), and 114.008, Health and Safety Code. | ||
(b) Effective September 1, 2014, the following laws are | ||
repealed: | ||
(1) Section 1001.171, Health and Safety Code, as added | ||
by this Act; and | ||
(2) Section 1001.172(c), Health and Safety Code, as | ||
added by this Act. | ||
SECTION 55. On September 1, 2013: | ||
(1) the statewide health coordinating council is | ||
abolished; | ||
(2) all property in the custody of the statewide | ||
health coordinating council is transferred to the Department of | ||
State Health Services; and | ||
(3) all contracts, leases, rights, and obligations of | ||
the statewide health coordinating council are transferred to the | ||
Department of State Health Services. | ||
SECTION 56. On September 1, 2013: | ||
(1) the Interagency Obesity Council is abolished; | ||
(2) all property in the custody of the Interagency | ||
Obesity Council is transferred to the Department of State Health | ||
Services; and | ||
(3) all contracts, leases, rights, and obligations of | ||
the Interagency Obesity Council are transferred to the Department | ||
of State Health Services. | ||
SECTION 57. Except as otherwise provided by this Act, this | ||
Act takes effect September 1, 2013. |