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 |
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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) [ |
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human services agency; | ||
(5) [ |
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provider association; | ||
(6) [ |
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facility; | ||
(7) [ |
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care organization; | ||
(8) [ |
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pharmaceutical industry; | ||
(9) [ |
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recipients and child health plan enrollees; | ||
(10) [ |
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regional health information exchange; and | ||
(11) [ |
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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[ |
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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[ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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(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 |