H.B. No. 1363
AN ACT
relating to the diabetes mellitus registry pilot program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Chapter 706 (H.B. 2132), Acts of the
80th Legislature, Regular Session, 2007, is amended by amending
Subsections (c), (d), and (e) and adding Subsections (d-1) and (g)
to read as follows:
(c) The department shall select to participate in the pilot
program a public health district that serves a county with a
population of less than two million and contains a municipality
with a population of over one million. The department and the
public health district shall create an electronic registry to track
the glycosylated hemoglobin level and the diagnosis codes of each
person who has a laboratory test to determine that level performed
at a clinical laboratory in the district.
(d) Except as provided by Subsection (d-1), a physician
practicing in the participating public health district who, on or
after November 1, 2009, orders a glycosylated hemoglobin test for a
patient shall submit to the clinical laboratory the diagnosis codes
of a patient along with the patient's sample. A clinical laboratory
located in the participating public health district shall submit to
the district and the department for a patient whose diagnosis codes
were submitted with the patient's sample the results of the
patient's [each] glycosylated hemoglobin test along with the
diagnosis codes provided by the physician for that patient [that
the laboratory performs].
(d-1) A physician who orders a glycosylated hemoglobin test
for a patient must provide the patient with a form developed by the
department that allows the patient to opt out of having the
patient's information included in the registry. If the patient
opts out by signing the form, the physician:
(1) shall keep the form in the patient's medical
records; and
(2) may not submit to the clinical laboratory the
patient's diagnosis codes along with the patient's sample.
(e) The department and the participating public health
district shall:
(1) compile results submitted under Subsection (d) of
this section in order to track:
(A) the prevalence of diabetes mellitus among
people tested in the district;
(B) the level of diabetic control for the
patients with diabetes mellitus in each demographic group [exert
over the diabetes mellitus];
(C) the trends of new diagnoses of diabetes
mellitus in the district; and
(D) the health care costs associated with
diabetes mellitus and glycosylated hemoglobin testing; and
(2) promote discussion and public information
programs regarding diabetes mellitus.
(g) Not later than October 1, 2009, the department shall
develop and make available on its Internet website the form
required under Subsection (d-1).
SECTION 2. Section 2, Chapter 706 (H.B. 2132), Acts of the
80th Legislature, Regular Session, 2007, is amended to read as
follows:
Sec. 2. RULES. The executive commissioner of the Health and
Human Services Commission shall adopt rules to implement Section 1
of this Act, including rules to govern the format and method of
collecting glycosylated hemoglobin data and patient diagnosis
codes.
SECTION 3. Section 4, Chapter 706 (H.B. 2132), Acts of the
80th Legislature, Regular Session, 2007, is amended to read as
follows:
Sec. 4. REPORT. Not later than December 1, 2010 [2009], the
Department of State Health Services shall submit a report to the
governor, lieutenant governor, speaker of the house of
representatives, and appropriate standing committees of the
legislature regarding the diabetes mellitus registry pilot program
that includes:
(1) an evaluation of the effectiveness of the pilot
program; and
(2) a recommendation to continue, expand, or eliminate
the pilot program.
SECTION 4. Section 5, Chapter 706 (H.B. 2132), Acts of the
80th Legislature, Regular Session, 2007, is amended to read as
follows:
Sec. 5. EXPIRATION. This Act expires September 1, 2011
[2010].
SECTION 5. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1363 was passed by the House on April
9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1363 on May 18, 2009, by the following vote: Yeas 128, Nays 14,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1363 was passed by the Senate, with
amendments, on May 14, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor