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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of health care-associated infections and |
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preventable adverse events. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (c), Section 98.102, Health and |
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Safety Code, as added by Chapter 359 (S.B. 288), Acts of the 80th |
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Legislature, Regular Session, 2007, is amended to read as follows: |
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(c) The data reported by health care facilities to the |
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department must contain sufficient patient identifying information |
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to: |
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(1) avoid duplicate submission of records; |
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(2) allow the department to verify the accuracy and |
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completeness of the data reported; and |
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(3) for data reported under Section 98.103 [or
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98.104], allow the department to risk adjust the facilities' |
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infection rates. |
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SECTION 2. Section 98.103, Health and Safety Code, as added |
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by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended by amending Subsection (b) and adding |
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Subsection (d-1) to read as follows: |
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(b) A pediatric and adolescent hospital shall report the |
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incidence of surgical site infections, including the causative |
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pathogen if the infection is laboratory-confirmed, occurring in the |
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following procedures to the department: |
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(1) cardiac procedures, excluding thoracic cardiac |
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procedures; |
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(2) ventricular [ventriculoperitoneal] shunt |
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procedures; and |
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(3) spinal surgery with instrumentation. |
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(d-1) The executive commissioner by rule may designate the |
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federal Centers for Disease Control and Prevention's National |
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Healthcare Safety Network, or its successor, to receive reports of |
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health care-associated infections from health care facilities on |
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behalf of the department. A health care facility must file a report |
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required in accordance with a designation made under this |
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subsection in accordance with the National Healthcare Safety |
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Network's definitions, methods, requirements, and procedures. A |
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health care facility shall authorize the department to have access |
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to facility-specific data contained in a report filed with the |
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National Healthcare Safety Network in accordance with a designation |
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made under this subsection. |
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SECTION 3. Section 98.1045, Health and Safety Code, as |
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added by Chapter 359 (S.B. 288), Acts of the 80th Legislature, |
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Regular Session, 2007, is amended by adding Subsection (c) to read |
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as follows: |
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(c) The executive commissioner by rule may designate an |
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agency of the United States Department of Health and Human Services |
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to receive reports of preventable adverse events by health care |
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facilities on behalf of the department. A health care facility |
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shall authorize the department to have access to facility-specific |
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data contained in a report made in accordance with a designation |
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made under this subsection. |
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SECTION 4. Section 98.105, Health and Safety Code, as added |
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by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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Sec. 98.105. REPORTING SYSTEM MODIFICATIONS. Based on the |
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recommendations of the advisory panel, the executive commissioner |
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by rule may modify in accordance with this chapter the list of |
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procedures that are reportable under Section 98.103 [or 98.104]. |
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The modifications must be based on changes in reporting guidelines |
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and in definitions established by the federal Centers for Disease |
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Control and Prevention. |
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SECTION 5. Subsections (a), (b), and (d), Section 98.106, |
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Health and Safety Code, as added by Chapter 359 (S.B. 288), Acts of |
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the 80th Legislature, Regular Session, 2007, are amended to read as |
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follows: |
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(a) The department shall compile and make available to the |
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public a summary, by health care facility, of: |
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(1) the infections reported by facilities under |
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Section [Sections] 98.103 [and 98.104]; and |
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(2) the preventable adverse events reported by |
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facilities under Section 98.1045. |
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(b) Information included in the departmental summary with |
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respect to infections reported by facilities under Section |
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[Sections] 98.103 [and 98.104] must be risk adjusted and include a |
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comparison of the risk-adjusted infection rates for each health |
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care facility in this state that is required to submit a report |
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under Section [Sections] 98.103 [and 98.104]. |
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(d) The department shall publish the departmental summary |
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at least annually and may publish the summary more frequently as the |
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department considers appropriate. Data made available to the |
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public must include aggregate data covering a period of at least a |
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full calendar quarter. |
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SECTION 6. Section 98.108, Health and Safety Code, as added |
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by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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Sec. 98.108. FREQUENCY OF REPORTING. (a) In consultation |
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with the advisory panel, the executive commissioner by rule shall |
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establish the frequency of reporting by health care facilities |
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required under Sections 98.103[, 98.104,] and 98.1045. |
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(b) Except as provided by Subsection (c), facilities |
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[Facilities] may not be required to report more frequently than |
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quarterly. |
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(c) The executive commissioner may adopt rules requiring |
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reporting more frequently than quarterly if more frequent reporting |
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is necessary to meet the requirements for participation in the |
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federal Centers for Disease Control and Prevention's National |
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Healthcare Safety Network. |
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SECTION 7. Section 98.110, Health and Safety Code, as added |
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by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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Sec. 98.110. DISCLOSURE AMONG CERTAIN AGENCIES. |
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(a) Notwithstanding any other law, the department may disclose |
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information reported by health care facilities under Section |
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98.103[, 98.104,] or 98.1045 to other programs within the |
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department, to the Health and Human Services Commission, [and] to |
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other health and human services agencies, as defined by Section |
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531.001, Government Code, and to the federal Centers for Disease |
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Control and Prevention for public health research or analysis |
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purposes only, provided that the research or analysis relates to |
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health care-associated infections or preventable adverse events. |
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The privilege and confidentiality provisions contained in this |
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chapter apply to such disclosures. |
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(b) If the executive commissioner designates an agency of |
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the United States Department of Health and Human Services to |
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receive reports of health care-associated infections or |
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preventable adverse events, that agency may use the information |
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submitted for purposes allowed by federal law. |
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SECTION 8. Section 98.104, Health and Safety Code, as added |
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by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular |
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Session, 2007, is repealed. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |