Bill Text: TX SB290 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to collection and analysis of certain health information by the Texas Health Services Authority.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-02-15 - Referred to Health & Human Services [SB290 Detail]

Download: Texas-2023-SB290-Introduced.html
  88R1382 MCF-F
 
  By: Johnson S.B. No. 290
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to collection and analysis of certain health information
  by the Texas Health Services Authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 182.101(a), Health and Safety Code, is
  amended to read as follows:
         (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; and
               (7)  collect and analyze clinical data related to
  health care operations, payment, and treatment, as those terms are
  defined by 45 C.F.R. Section 164.501.
         SECTION 2.  Section 182.102(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The corporation has no authority and shall not engage in
  any of the following:
               (1)  the collection and analysis of clinical data,
  except as authorized by Section 182.101(a)(7);
               (2)  the comparison of physicians to other physicians,
  including comparisons to peer group physicians, physician groups,
  and physician teams, and to national specialty society adopted
  quality measurements;
               (3)  the creation of a tool to measure physician
  performance compared to:
                     (A)  peer group physicians on state and specialty
  levels; or
                     (B)  objective standards;
               (4)  the providing of access to aggregated,
  de-identified protected health information to local health
  information exchanges and other users of quality care studies,
  disease management and population health assessments;
               (5)  providing to public health programs trended,
  aggregated, de-identified protected health information to help
  assess the health status of populations and the providing of
  regular reports of trends and important incidence of events to
  public health avenues for intervention, education, and prevention
  programs; or
               (6)  the creation of evidence-based standards for the
  practice of medicine.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
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