Bill Text: TX SB969 | 2021-2022 | 87th Legislature | Enrolled
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-Enrolled.html
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; | ||
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. The | ||
department must present data related to individuals as summary | ||
statistics consistent with the confidentiality provisions of | ||
Sections 81.046, 161.0073, and 161.008. | ||
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[ |
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information exchange as defined by Section 182.151 if requested and | ||
authorized by the person required to report, or by other means. | ||
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 a | ||
reporting period is released to the public in a timely manner. | ||
(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 for 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. (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 September 1, | ||
2022. | ||
(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 | ||
September 1, 2022. | ||
(c) The Department of State Health Services shall improve | ||
standardized data collection and reporting by the department, | ||
laboratories, health care facilities, local health departments, | ||
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 regional | ||
advisory councils, local health departments, 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 September 1, | ||
2022. | ||
SECTION 5. 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 6. Section 81.044(a), Health and Safety Code, as | ||
amended by this Act, applies only to a report submitted on or after | ||
January 1, 2023. | ||
SECTION 7. (a) The Department of State Health Services is | ||
required to implement this Act only if the legislature appropriates | ||
money specifically for that purpose. If the legislature does not | ||
appropriate money specifically for that purpose, the department | ||
may, but is not required to, implement this Act using other | ||
appropriations available for that purpose. | ||
(b) The Department of State Health Services shall use any | ||
available federal money to implement this Act. | ||
SECTION 8. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 969 passed the Senate on | ||
April 21, 2021, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 30, 2021, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 969 passed the House, with | ||
amendment, on May 26, 2021, by the following vote: Yeas 142, | ||
Nays 4, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |