By: Howard of Travis (Senate Sponsor - Watson) H.B. No. 1218
(In the Senate - Received from the House May 13, 2009;
May 14, 2009, read first time and referred to Committee on Health
and Human Services; May 20, 2009, reported favorably by the
following vote: Yeas 5, Nays 2; May 20, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to a pilot project to exchange secure electronic health
information between the Health and Human Services Commission and
local or regional health information exchanges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.02416 to read as follows:
Sec. 531.02416. ELECTRONIC HEALTH INFORMATION EXCHANGE
PILOT PROJECT. (a) The commission shall establish a pilot project
in at least one urban area of this state to determine the
feasibility, costs, and benefits of exchanging secure electronic
health information between the commission and local or regional
health information exchanges. The pilot project must include the
participation of at least two local or regional health information
exchanges.
(b) A local or regional health information exchange
selected for the pilot project under this section must possess a
functioning health information exchange database that exchanges
secure electronic health information among hospitals, clinics,
physicians' offices, and other health care providers that are not
each owned by a single entity or included in a single operational
unit or network. The information exchanged by the local or regional
health information exchange must include health information for
patients receiving services from state and federal health and human
services programs administered by the commission.
(c) In developing the pilot project under this section, the
commission shall:
(1) establish specific written guidelines, in
conjunction with the health information exchanges participating in
the pilot project, to:
(A) ensure that information exchanged through
the pilot project is used only for the patient's benefit; and
(B) specify which health care providers will use
which data elements obtained from the commission and for what
purposes, including purposes related to reducing costs, improving
access, and improving quality of care for patients; and
(2) ensure compliance with all state and federal laws
and rules related to the transmission of health information,
including state privacy laws and the Health Insurance Portability
and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and
rules adopted under that Act.
(d) The commission and the health information exchanges
participating in the pilot project shall at a minimum exchange a
patient's medication history under the pilot project. The pilot
project may include additional health care information, either at
the inception of the project or as part of a subsequent expansion of
the scope of the project.
(e) The commission may accept gifts, grants, and donations
from any public or private source for the operation of the pilot
project.
SECTION 2. Not later than the 60th day after the effective
date of this Act, the Health and Human Services Commission shall
begin implementing the pilot project established under Section
531.02416, Government Code, as added by this Act.
SECTION 3. Not later than December 1, 2010, the Health and
Human Services Commission shall:
(1) assess, in conjunction with the health information
exchanges selected for participation in the pilot project
established under Section 531.02416, Government Code, as added by
this Act, the benefits to the state, patients, and health care
providers of exchanging secure health information with local or
regional health information exchanges;
(2) include, as part of the assessment required by
Subdivision (1) of this section, a return on investment analysis
for the guidelines developed under Section 531.02416(c)(1),
Government Code, as added by this Act; and
(3) report the commission's findings to the standing
committees of the senate and house of representatives having
primary jurisdiction over health and human services issues.
SECTION 4. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 5. 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, 2009.
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