Texas 2009 - 81st Regular

Texas House Bill HB1386 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5658 JSC-D
2	2	By: Davis of Dallas H.B. No. 1386
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reporting of health care-associated infections at
8	8	health care facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 98.103, Health and Safety Code, is
11	11	amended to read as follows:
12	12	Sec. 98.103. REPORTABLE INFECTIONS. (a) A health care
13	13	facility[, other than a pediatric and adolescent hospital,] shall
14	14	report to the department the incidence of health care-associated
15	15	[surgical site] infections occurring at the facility and shall in
16	16	the report:
17	17	(1) include information relating to the types of
18	18	patients treated by the health care facility;
19	19	(2) for each reported infection, state the source of
20	20	the infection;
21	21	(3) specify which infections occurred in the following
22	22	procedures:
23	23	(A)[(1)] colon surgeries;
24	24	(B)[(2)] hip arthroplasties;
25	25	(C)[(3)] knee arthroplasties;
26	26	(D)[(4)] abdominal hysterectomies;
27	27	(E)[(5)] vaginal hysterectomies;
28	28	(F)[(6)] coronary artery bypass grafts; and
29	29	(G)[(7)] vascular procedures; and
30	30	(4) specify which infections resulted in the death of
31	31	the patient.
32	32	(b) [A pediatric and adolescent hospital shall report the
33	33	incidence of surgical site infections occurring in the following
34	34	procedures to the department:
35	35	[(1) cardiac procedures, excluding thoracic cardiac
36	36	procedures;
37	37	[(2) ventriculoperitoneal shunt procedures; and
38	38	[(3) spinal surgery with instrumentation.
39	39	[(c) A general hospital shall report the following to the
40	40	department:
41	41	[(1) the incidence of laboratory-confirmed central
42	42	line-associated primary bloodstream infections occurring in any
43	43	special care setting in the hospital; and
44	44	[(2) the incidence of respiratory syncytial virus
45	45	occurring in any pediatric inpatient unit in the hospital.
46	46	[(d)] The department shall ensure that the health
47	47	care-associated infections a health care facility is required to
48	48	report under this section have the meanings assigned by the federal
49	49	Centers for Disease Control and Prevention.
50	50	SECTION 2. Section 98.105, Health and Safety Code, is
51	51	amended to read as follows:
52	52	Sec. 98.105. REPORTING [SYSTEM] MODIFICATIONS. (a) Based
53	53	on the recommendations of the advisory panel, the executive
54	54	commissioner by rule may modify in accordance with this chapter the
55	55	list of procedures [that are reportable] under Section 98.103(a)(3)
56	56	that must be specified in a facility's report to the department
57	57	under Section 98.103 and included in the department's summary under
58	58	Section 98.106 [or 98.104]. The modifications must be based on
59	59	changes in reporting guidelines and in definitions established by
60	60	the federal Centers for Disease Control and Prevention.
61	61	(b) Based on the recommendations of the advisory panel, the
62	62	executive commissioner by rule may require each health care
63	63	facility to report additional information necessary for the
64	64	department to comply with Section 98.106.
65	65	SECTION 3. Sections 98.106(a) and (b), Health and Safety
66	66	Code, are amended to read as follows:
67	67	(a) The department shall compile and make available to the
68	68	public a summary, by health care facility, of the infections
69	69	reported by facilities under Section [Sections] 98.103 [and
70	70	98.104].
71	71	(b) The departmental summary must be risk adjusted and
72	72	include a comparison of the risk-adjusted infection rates for each
73	73	health care facility in this state that is required to submit a
74	74	report under Section [Sections] 98.103 [and 98.104]. The
75	75	departmental summary must also:
76	76	(1) include information relating to the types of
77	77	patients treated by each health care facility;
78	78	(2) state the sources of the patients' infections;
79	79	(3) specify which infections occurred in the
80	80	procedures listed in Section 98.103(a)(3); and
81	81	(4) specify which infections resulted in the death of
82	82	a patient.
83	83	SECTION 4. Section 98.108, Health and Safety Code, is
84	84	amended to read as follows:
85	85	Sec. 98.108. FREQUENCY OF REPORTING. In consultation with
86	86	the advisory panel, the executive commissioner by rule shall
87	87	establish the frequency of reporting by health care facilities
88	88	required under Section [Sections] 98.103 [and 98.104]. Facilities
89	89	may not be required to report more frequently than quarterly.
90	90	SECTION 5. Section 98.110, Health and Safety Code, is
91	91	amended to read as follows:
92	92	Sec. 98.110. DISCLOSURE WITHIN DEPARTMENT.
93	93	Notwithstanding any other law, the department may disclose
94	94	information reported by health care facilities under Section 98.103
95	95	[or 98.104] to other programs within the department for public
96	96	health research or analysis purposes only, provided that the
97	97	research or analysis relates to health care-associated infections.
98	98	The privilege and confidentiality provisions contained in this
99	99	chapter apply to such disclosures.
100	100	SECTION 6. Sections 98.001(10) and (12) and 98.104, Health
101	101	and Safety Code, are repealed.
102	102	SECTION 7. As soon as practicable after the effective date
103	103	of this Act, the executive commissioner of the Health and Human
104	104	Services Commission shall adopt the rules and procedures necessary
105	105	to implement the changes made by this Act to Chapter 98, Health and
106	106	Safety Code.
107	107	SECTION 8. (a) The change in law made by this Act applies to
108	108	a report required under Section 98.103, Health and Safety Code,
109	109	that is made in a reporting period beginning on or after March 1,
110	110	2010. A report made under Section 98.103, Health and Safety Code,
111	111	during a reporting period that begins before March 1, 2010, is
112	112	covered by the law in existence on the date the reporting period
113	113	began, and the former law is continued in effect for that purpose.
114	114	(b) The change in law made by this Act applies to a
115	115	departmental summary published under Section 98.106, Health and
116	116	Safety Code, that covers a reporting period beginning on or after
117	117	March 1, 2010. A departmental summary that covers a reporting
118	118	period that begins before March 1, 2010, is covered by the law in
119	119	existence on the date the reporting period began, and the former law
120	120	is continued in effect for that purpose.
121	121	SECTION 9. This Act takes effect September 1, 2009.