Bill Text: TX SB969 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to reporting procedures for and information concerning public health disasters and to certain public health studies; providing a civil penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [SB969 Detail]
Download: Texas-2021-SB969-Introduced.html
Bill Title: Relating to reporting procedures for and information concerning public health disasters and to certain public health studies; providing a civil penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [SB969 Detail]
Download: Texas-2021-SB969-Introduced.html
2021S0108-1 02/24/21 | ||
By: Kolkhorst | S.B. No. 969 |
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relating to reporting procedures for and information concerning | ||
public health disasters and to certain public health studies; | ||
creating the office of the chief state epidemiologist; providing a | ||
civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 81, Health and Safety | ||
Code, is amended by adding Section 81.016 to read as follows: | ||
Sec. 81.016. AVAILABILITY OF DATA REGARDING PUBLIC HEALTH | ||
DISASTER. During a public health disaster, the department shall | ||
timely make available to the public on the department's Internet | ||
website, in an easy-to-read format, all available de-identified | ||
public health data regarding the public health disaster. | ||
SECTION 2. Section 81.044(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The executive commissioner shall prescribe the form and | ||
method of reporting under this chapter, which may be in writing, by | ||
telephone, by electronic data transmission, through a health | ||
information exchange as defined by Section 182.151 if requested and | ||
authorized by the person required to report, or by other means. The | ||
executive commissioner by rule shall require a person reporting at | ||
least 30 cases of a reportable disease in a month, excluding | ||
point-of-care testing, to submit a report required under this | ||
subchapter by electronic data transmission in the form prescribed | ||
by rule. | ||
SECTION 3. Subchapter C, Chapter 81, Health and Safety | ||
Code, is amended by adding Sections 81.0443, 81.0444, 81.0445, | ||
81.0495, and 81.053 to read as follows: | ||
Sec. 81.0443. STANDARDIZED INFORMATION SHARING METHOD. The | ||
department shall collaborate with local health authorities, | ||
hospitals, laboratories, and other persons who submit information | ||
to the department during a public health disaster or in response to | ||
other outbreaks of communicable disease to plan, design, and | ||
implement a standardized and streamlined method for sharing | ||
information needed during the disaster or response. The department | ||
may require a person submitting information to the department under | ||
this subchapter to use the method developed under this section. | ||
Sec. 81.0444. HOSPITAL TO REPORT. A hospital shall report | ||
to the department and to the applicable trauma service area | ||
regional advisory council all information required by the | ||
department related to a reportable disease for which a public | ||
health disaster is declared. | ||
Sec. 81.0445. PROVISION OF INFORMATION TO PUBLIC DURING | ||
PUBLIC HEALTH DISASTER. (a) This section applies only to | ||
information related to a reportable disease for which a public | ||
health disaster is declared. | ||
(b) The department and each trauma service area regional | ||
advisory council shall make publicly available in accordance with | ||
Subsection (c) the information a hospital is required to report to | ||
the department and regional advisory council under Section 81.0444. | ||
The department and each regional advisory council shall ensure that | ||
information released under this subsection does not contain any | ||
personally identifiable information. | ||
(c) The department shall collaborate and coordinate with | ||
local health departments to ensure that all information covering | ||
the same reporting period is released simultaneously to the public. | ||
(d) The department shall develop and publish on its Internet | ||
website monthly compliance reports for laboratories reporting | ||
during a public health disaster. Each compliance report, at a | ||
minimum, must include: | ||
(1) the number of laboratory reports the department | ||
receives by electronic data transmission; | ||
(2) the number of incomplete information fields in the | ||
laboratory reports; | ||
(3) the electronic format each laboratory used in | ||
submitting information; | ||
(4) the number of coding errors in the laboratory | ||
reports; and | ||
(5) the average length of time from the date the | ||
specimen is collected to the date the department receives the | ||
corresponding laboratory report. | ||
(e) The department shall develop and publish on its Internet | ||
website monthly compliance reports for hospitals reporting during a | ||
public health disaster. Each compliance report, at a minimum, must | ||
include: | ||
(1) the number of incomplete information fields in the | ||
hospital reports; | ||
(2) the number of reports a hospital failed to submit | ||
in a timely manner; and | ||
(3) the number of identified inaccuracies in the | ||
information submitted. | ||
Sec. 81.0495. FAILURE TO REPORT; CIVIL PENALTY. (a) The | ||
department may impose a civil penalty of not more than $1,000 on a | ||
health care facility for each failure to submit a report required | ||
under this subchapter. | ||
(b) The attorney general may bring an action to recover a | ||
civil penalty imposed under Subsection (a). | ||
Sec. 81.053. DATA QUALITY ASSURANCE. The department shall | ||
implement quality assurance procedures to ensure that data | ||
collected and reported concerning a public health disaster is | ||
systematically reviewed for errors and completeness. The | ||
department shall implement procedures to timely resolve any | ||
deficiencies in data collection and reporting. | ||
SECTION 4. Subchapter C, Chapter 1001, Health and Safety | ||
Code, is amended by adding Section 1001.0511 to read as follows: | ||
Sec. 1001.0511. OFFICE OF CHIEF STATE EPIDEMIOLOGIST. (a) | ||
In this section, "office" means the office of the chief state | ||
epidemiologist. | ||
(b) The commissioner shall: | ||
(1) establish the office of the chief state | ||
epidemiologist within the department to inform public health | ||
activities and public health policy in Texas by: | ||
(A) evaluating epidemiological, medical, and | ||
health care data; and | ||
(B) identifying pertinent research and | ||
evidence-based best practices; and | ||
(2) appoint a board-certified physician licensed to | ||
practice medicine in this state as the chief state epidemiologist | ||
to administer the office. | ||
(c) The chief state epidemiologist must have experience in | ||
public health and an advanced degree in public health, | ||
epidemiology, or a related field. | ||
(d) The chief state epidemiologist: | ||
(1) serves as the department expert on epidemiological | ||
matters and on communicable and noncommunicable diseases; | ||
(2) may provide professional and scientific | ||
consultation to state facilities, health service regions, local | ||
health agencies, and other entities regarding epidemiology and | ||
disease control, harmful exposure, and injury prevention; | ||
(3) shall serve as the department's senior science | ||
representative and primary point of contact to the Centers | ||
for Disease Control and Prevention and other federal agencies for | ||
epidemiological science and disease surveillance; and | ||
(4) notwithstanding any other law, may access data | ||
from across the department to carry out the duties of the office. | ||
(e) Reports, records, and information provided to the | ||
office that relate to an epidemiological or toxicological | ||
investigation of human illnesses or conditions and of environmental | ||
exposures that are harmful or believed to be harmful to the public | ||
health are not public information under Chapter 552, Government | ||
Code. They may not be released or made public, on subpoena or | ||
otherwise, except for statistical purposes and if released in a | ||
manner that prevents the identification of any person. | ||
SECTION 5. (a) The Department of State Health Services | ||
shall evaluate the planning and response capabilities of the state | ||
health care system, including hospitals, long-term care | ||
facilities, and laboratories, to respond to public health threats. | ||
The department shall coordinate its evaluation with the Health and | ||
Human Services Commission, regional advisory councils, local | ||
health departments, and health care system organizations. The | ||
department shall submit to the legislature an implementation plan | ||
based on the findings of its evaluation not later than December 1, | ||
2021. | ||
(b) The Department of State Health Services shall evaluate | ||
the current scope, size, function, and public health response | ||
capabilities of public health regions and regional offices. The | ||
department shall identify current capabilities, assess the need for | ||
geographic realignment, and identify ways to improve support to | ||
local health departments and areas in which the department serves | ||
as the primary public health provider. The department shall | ||
coordinate its evaluation with local health departments, areas | ||
served by department regional offices, and the Public Health | ||
Funding and Policy Committee. The department shall provide a | ||
report based on its evaluation to the legislature not later than | ||
December 1, 2021. | ||
(c) The Department of State Health Services shall improve | ||
standardized data collection and reporting by the department, | ||
laboratories, health care facilities, local health entities, and | ||
other entities as appropriate during a declared public health | ||
disaster. The department shall identify current processes for and | ||
barriers to standardized, regular, and consistent reporting and | ||
shall collaborate on best practices to ensure that data collection | ||
and reporting are consistent across state, regional, and local | ||
levels. The department shall coordinate its analysis with local | ||
health entities, laboratories, health care facilities, and the | ||
Public Health Funding and Policy Committee. The department shall | ||
implement best practices and report its findings to the legislature | ||
not later than December 1, 2021. | ||
SECTION 6. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement this | ||
Act. | ||
SECTION 7. Section 81.044(a), Health and Safety Code, as | ||
amended by this Act, applies only to a report submitted on or after | ||
January 1, 2022. | ||
SECTION 8. This Act takes effect September 1, 2021. |