Bill Text: TX SB203 | 2015-2016 | 84th Legislature | Enrolled


Bill Title: Relating to the continuation and functions of the Texas Health Services Authority as a quasi-governmental entity and the electronic exchange of health care information.

Spectrum: Moderate Partisan Bill (Republican 8-2)

Status: (Passed) 2015-05-15 - See remarks for effective date [SB203 Detail]

Download: Texas-2015-SB203-Enrolled.html
 
 
  S.B. No. 203
 
 
 
 
AN ACT
  relating to the continuation and functions of the Texas Health
  Services Authority as a quasi-governmental entity and the
  electronic exchange of health care information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.904, Government Code, is amended by
  amending Subsections (c) and (g) and adding Subsections (c-1) and
  (c-2) to read as follows:
         (c)  The advisory committee must include the following
  members:
               (1)  Medicaid providers;
               (2)  child health plan program providers;
               (3)  fee-for-service providers;
               (4)  [at least one representative of the Texas Health
  Services Authority established under Chapter 182, Health and Safety
  Code;
               [(5)]  at least one representative of each health and
  human services agency;
               (5) [(6)]  at least one representative of a major
  provider association;
               (6) [(7)]  at least one representative of a health care
  facility;
               (7) [(8)]  at least one representative of a managed
  care organization;
               (8) [(9)]  at least one representative of the
  pharmaceutical industry;
               (9) [(10)]  at least one representative of Medicaid
  recipients and child health plan enrollees;
               (10) [(11)]  at least one representative of a local or
  regional health information exchange; and
               (11) [(12)]  at least one representative who is skilled
  in pediatric medical informatics.
         (c-1)  Notwithstanding Subsection (c), the advisory
  committee must include at least one representative of the Texas
  Health Services Authority established under Chapter 182, Health and
  Safety Code.  This subsection expires September 1, 2021.
         (c-2)  Notwithstanding Subsection (c), on and after
  September 1, 2021, the advisory committee must include at least one
  representative of the private nonprofit organization with relevant
  knowledge and experience in establishing statewide health
  information exchange capabilities designated under Section
  182.108(j), Health and Safety Code.
         (g)  The advisory committee shall collaborate with the Texas
  Health Services Authority to ensure that the health information
  exchange system is interoperable with, and not an impediment to,
  the electronic health information infrastructure that the
  authority assists in developing.  This subsection expires September
  1, 2021.
         SECTION 2.  Section 181.206, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  The commission, in coordination with the attorney
  general[, the Texas Health Services Authority,] and the Texas
  Department of Insurance:
               (1)  may request that the United States secretary of
  health and human services conduct an audit of a covered entity, as
  that term is defined by 45 C.F.R. Section 160.103, in this state to
  determine compliance with the Health Insurance Portability and
  Accountability Act and Privacy Standards; and
               (2)  shall periodically monitor and review the results
  of audits of covered entities in this state conducted by the United
  States secretary of health and human services.
         (a-1)  Notwithstanding Subsection (a), the commission shall
  also coordinate with the Texas Health Services Authority when
  requesting an audit or monitoring and reviewing the results of an
  audit under Subsection (a).  This subsection expires September 1,
  2021.
         SECTION 3.  Section 181.207, Health and Safety Code, is
  amended to read as follows:
         Sec. 181.207.  FUNDING.  (a)  The commission and the Texas
  Department of Insurance[, in consultation with the Texas Health
  Services Authority,] shall apply for and actively pursue available
  federal funding for enforcement of this chapter.
         (b)  Notwithstanding Subsection (a), the commission and the
  Texas Department of Insurance shall consult with the Texas Health
  Services Authority when applying for or pursuing federal funding
  under Subsection (a).  This subsection expires September 1, 2021.
         SECTION 4.  The heading to Chapter 182, Health and Safety
  Code, is amended to read as follows:
  CHAPTER 182. ELECTRONIC EXCHANGE OF HEALTH INFORMATION [TEXAS
  HEALTH SERVICES AUTHORITY]
         SECTION 5.  Subchapter A, Chapter 182, Health and Safety
  Code, is amended by adding Section 182.003 to read as follows:
         Sec. 182.003.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2021.
         SECTION 6.  Section 182.052, Health and Safety Code, is
  amended to read as follows:
         Sec. 182.052.  EXPIRATION OF SUBCHAPTER [APPLICATION OF
  SUNSET ACT].  This subchapter [The corporation is subject to
  Chapter 325, Government Code.   Unless continued in existence as
  provided by that chapter, the corporation is abolished and this
  chapter] expires September 1, 2021 [2015.   The governor may order
  the dissolution of the corporation at any time the governor
  declares that the purposes of the corporation have been fulfilled
  or that the corporation is inoperative or abandoned].
         SECTION 7.  Section 182.053, Health and Safety Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended by amending Subsections (a) and (b) and adding
  Subsections (b-1) and (h) to read as follows:
         (a)  The corporation is governed by a board of 12 [11]
  directors appointed by the governor, with the advice and consent of
  the senate.
         (b)  The governor shall also appoint at least two ex officio,
  nonvoting members representing the health and human services
  agencies as state agency data resources [department].
         (b-1)  The governor shall appoint as a voting board member
  one individual who represents Texas local health information
  exchanges.
         (h)  In this section, "health and human services agencies"
  includes the: 
               (1)  department; 
               (2)  Department of Aging and Disability Services; 
               (3)  Department of Assistive and Rehabilitative
  Services; 
               (4)  Department of Family and Protective Services; and
               (5)  commission. 
         SECTION 8.  Section 182.101, Health and Safety Code, is
  amended to read as follows:
         Sec. 182.101.  GENERAL POWERS AND DUTIES. (a)  The
  corporation may:
               (1)  establish statewide health information exchange
  capabilities, including capabilities for electronic laboratory
  results, diagnostic studies, and medication history delivery, and,
  where applicable, promote definitions and standards for electronic
  interactions statewide;
               (2)  seek funding to:
                     (A)  implement, promote, and facilitate the
  voluntary exchange of secure electronic health information between
  and among individuals and entities that are providing or paying for
  health care services or procedures; and
                     (B)  create incentives to implement, promote, and
  facilitate the voluntary exchange of secure electronic health
  information between and among individuals and entities that are
  providing or paying for health care services or procedures;
               (3)  establish statewide health information exchange
  capabilities for streamlining health care administrative functions
  including:
                     (A)  communicating point of care services,
  including laboratory results, diagnostic imaging, and prescription
  histories;
                     (B)  communicating patient identification and
  emergency room required information in conformity with state and
  federal privacy laws;
                     (C)  real-time communication of enrollee status
  in relation to health plan coverage, including enrollee
  cost-sharing responsibilities; and
                     (D)  current census and status of health plan
  contracted providers;
               (4)  support regional health information exchange
  initiatives by:
                     (A)  identifying data and messaging standards for
  health information exchange;
                     (B)  administering programs providing financial
  incentives, including grants and loans for the creation and support
  of regional health information networks, subject to available
  funds;
                     (C)  providing technical expertise where
  appropriate;
                     (D)  sharing intellectual property developed
  under Section 182.105;
                     (E)  waiving the corporation's fees associated
  with intellectual property, data, expertise, and other services or
  materials provided to regional health information exchanges
  operated on a nonprofit basis; and
                     (F)  applying operational and technical standards
  developed by the corporation to existing health information
  exchanges only on a voluntary basis, except for standards related
  to ensuring effective privacy and security of individually
  identifiable health information;
               (5)  identify standards for streamlining health care
  administrative functions across payors and providers, including
  electronic patient registration, communication of enrollment in
  health plans, and information at the point of care regarding
  services covered by health plans; and
               (6)  support the secure, electronic exchange of health
  information through other strategies identified by the board.
         (b)  This section expires September 1, 2021. 
         SECTION 9.  Section 182.102, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  This section expires September 1, 2021. 
         SECTION 10.  Section 182.103, Health and Safety Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  This section expires September 1, 2021. 
         SECTION 11.  Section 182.104, Health and Safety Code, is
  amended to read as follows:
         Sec. 182.104.  SECURITY COMPLIANCE. (a)  The corporation
  shall:
               (1)  establish appropriate security standards to
  protect both the transmission and the receipt of individually
  identifiable health information or health care data;
               (2)  establish appropriate security standards to
  protect access to any individually identifiable health information
  or health care data collected, assembled, or maintained by the
  corporation;
               (3)  establish the highest levels of security and
  protection for access to and control of individually identifiable
  health information, including mental health care data and data
  relating to specific disease status, that is governed by more
  stringent state or federal privacy laws; and
               (4)  establish policies and procedures for the
  corporation for taking disciplinary actions against a board member,
  employee, or other person with access to individually identifiable
  health care information that violates state or federal privacy laws
  related to health care information or data maintained by the
  corporation.
         (b)  This section expires September 1, 2021.
         SECTION 12.  Section 182.105, Health and Safety Code, is
  amended to read as follows:
         Sec. 182.105.  INTELLECTUAL PROPERTY. (a)  The corporation
  shall take commercially reasonable measures to protect its
  intellectual property, including obtaining patents, trademarks,
  and copyrights where appropriate.
         (b)  This section expires September 1, 2021.
         SECTION 13.  Section 182.106, Health and Safety Code, is
  amended to read as follows:
         Sec. 182.106.  ANNUAL REPORT. (a)  The corporation shall
  submit an annual report to the governor, the lieutenant governor,
  the speaker of the house of representatives, and the appropriate
  oversight committee in the senate and the house of representatives.  
  The annual report must include financial information and a progress
  update on the corporation's efforts to carry out its mission.
         (b)  This section expires September 1, 2021.
         SECTION 14.  Section 182.107, Health and Safety Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  This section expires September 1, 2021. 
         SECTION 15.  (a)  Section 182.108, Health and Safety Code, is
  amended by adding Subsection (f) to read as follows:
         (f)  Subsections (a)-(e) and this subsection expire
  September 1, 2021.
         (b)  Effective September 1, 2021, Section 182.108, Health
  and Safety Code, is amended by adding Subsections (g), (h), (i),
  (j), (k), (l), (m), and (n) to read as follows:
         (g)  The privacy and security standards for the electronic
  sharing of protected health information adopted under this section
  and in effect on September 1, 2021, continue until amended by rule
  by the commission.
         (h)  In amending standards under Subsection (g), the
  commission shall seek the assistance of a private nonprofit
  organization with relevant knowledge and experience in
  establishing statewide health information exchange capabilities. 
         (i)  Standards amended under Subsection (g) must be designed
  to:
               (1)  comply with the Health Insurance Portability and
  Accountability Act and Privacy Standards and Chapter 181;
               (2)  comply with any other state and federal law
  relating to the security and confidentiality of information
  electronically maintained or disclosed by a covered entity;
               (3)  ensure the secure maintenance and disclosure of
  individually identifiable health information;
               (4)  include strategies and procedures for disclosing
  individually identifiable health information; and
               (5)  support a level of system interoperability with
  existing health record databases in this state that is consistent
  with emerging standards.
         (j)  The commission shall designate a private nonprofit
  organization with relevant knowledge and experience in
  establishing statewide health information exchange capabilities to
  establish a process by which a covered entity may apply for
  certification by the designated private nonprofit organization of a
  covered entity's past compliance with standards adopted under this
  section.  If a private nonprofit organization with relevant
  knowledge and experience in establishing statewide health
  information exchange capabilities does not exist, the commission
  shall either:
               (1)  establish the process described by this
  subsection; or 
               (2)  designate another entity with relevant knowledge
  to establish the process described by this subsection.
         (k)  The entity that establishes the process under
  Subsection (j) shall publish the standards adopted under this
  section on the entity's Internet website.
         (l)  The commission shall ensure that any fee charged for the
  certification process described in Subsection (j) by the private
  nonprofit organization or entity designated under that subsection,
  including a person acting on behalf of a designated organization or
  entity, is reasonable.  If the commission establishes the process
  as described by Subsection (j)(1), the commission shall set a
  reasonable fee for the certification process.
         (m)  For good cause, the commission may revoke the
  designation or authority of a private nonprofit organization or
  entity to establish the process or offer certifications under
  Subsection (j).
         (n)  In this section: 
               (1)  "Covered entity" has the meaning assigned by
  Section 181.001.
               (2)  "Disclose" has the meaning assigned by Section
  181.001.
               (3)  "Health Insurance Portability and Accountability
  Act and Privacy Standards" has the meaning assigned by Section
  181.001.
               (4)  "Individually identifiable health information"
  means individually identifiable health information as that term is
  defined by the privacy rule of the Health Insurance Portability and
  Accountability Act and Privacy Standards.
               (5)  "Protected health information" means protected
  health information as that term is defined by the privacy rule of
  the Health Insurance Portability and Accountability Act and Privacy
  Standards.
         SECTION 16.  Except as otherwise provided by this Act, this
  Act takes effect September 1, 2015.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 203 passed the Senate on
  April 9, 2015, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 4, 2015, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 203 passed the House, with
  amendment, on April 20, 2015, by the following vote: Yeas 144,
  Nays 1, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
feedback