Texas 2009 - 81st Regular

Texas House Bill HB3066 Compare Versions

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

Old	New	Differences
1	1	81R4690 SJM-F
2	2	By: Gonzales H.B. No. 3066
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to access to certain confidential patient information
8	8	within the Department of State Health Services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 108.002(7), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(7) "Department" means the [Texas] Department of State
13	13	Health Services.
14	14	SECTION 2. Section 108.013, Health and Safety Code, is
15	15	amended by amending Subsections (a), (b), (c), (d), (g), (i), and
16	16	(j) and adding Subsections (k), (l), (m), and (n) to read as
17	17	follows:
18	18	(a) The data received by the department under this chapter
19	19	[council] shall be used by the department [council] for the benefit
20	20	of the public. Subject to specific limitations established by this
21	21	chapter and executive commissioner [council] rule, the department
22	22	[council] shall make determinations on requests for information in
23	23	favor of access.
24	24	(b) The executive commissioner [council] by rule shall
25	25	designate the characters to be used as uniform patient identifiers.
26	26	The basis for assignment of the characters and the manner in which
27	27	the characters are assigned are confidential.
28	28	(c) Unless specifically authorized by this chapter, the
29	29	department [council] may not release and a person or entity may not
30	30	gain access to any data obtained under this chapter:
31	31	(1) that could reasonably be expected to reveal the
32	32	identity of a patient;
33	33	(2) that could reasonably be expected to reveal the
34	34	identity of a physician;
35	35	(3) disclosing provider discounts or differentials
36	36	between payments and billed charges;
37	37	(4) relating to actual payments to an identified
38	38	provider made by a payer; or
39	39	(5) submitted to the department under this chapter
40	40	[council] in a uniform submission format that is not included in the
41	41	public use data set established under Sections 108.006(f) and (g),
42	42	except in accordance with Section 108.0135.
43	43	(d) Except as provided by this section, all [All] data
44	44	collected and used by the department [and the council] under this
45	45	chapter is subject to the confidentiality provisions and criminal
46	46	penalties of:
47	47	(1) Section 311.037;
48	48	(2) Section 81.103; and
49	49	(3) Section 159.002, Occupations Code.
50	50	(g) Unless specifically authorized by this chapter, the
51	51	department [The council] may not release data elements in a manner
52	52	that will reveal the identity of a patient. The department
53	53	[council] may not release data elements in a manner that will reveal
54	54	the identity of a physician.
55	55	(i) Notwithstanding any other law, the [council and the]
56	56	department may not provide information made confidential by this
57	57	section to any other agency of this state.
58	58	(j) The executive commissioner [council] shall by rule[,
59	59	with the assistance of the advisory committee under Section
60	60	108.003(g)(5),] develop and implement a mechanism to comply with
61	61	Subsections (c)(1) and (2).
62	62	(k) The department may disclose data collected under this
63	63	chapter that is not included in public use data to any program
64	64	within the department if the disclosure is reviewed and approved by
65	65	the institutional review board under Section 108.0135.
66	66	(l) Confidential data collected under this chapter that is
67	67	disclosed to a program within the department remains subject to the
68	68	confidentiality provisions of this chapter and other applicable
69	69	law. The department shall identify the confidential data that is
70	70	disclosed to a program under Subsection (k). The program shall
71	71	maintain the confidentiality of the disclosed confidential data.
72	72	(m) The following provisions do not apply to the disclosure
73	73	of data to a department program:
74	74	(1) Section 81.103;
75	75	(2) Sections 108.010(g) and (h);
76	76	(3) Sections 108.011(e) and (f);
77	77	(4) Section 311.037; and
78	78	(5) Section 159.002, Occupations Code.
79	79	(n) Nothing in this section authorizes the disclosure of
80	80	physician identifying data.
81	81	SECTION 3. Section 108.0135, Health and Safety Code, is
82	82	amended to read as follows:
83	83	Sec. 108.0135. INSTITUTIONAL [SCIENTIFIC] REVIEW BOARD
84	84	[PANEL]. (a) The department [council] shall establish an
85	85	institutional [a scientific] review board [panel] to review and
86	86	approve requests for access to data not contained in [information
87	87	other than] public use data. The members of the institutional
88	88	review board must [panel shall] have experience and expertise in
89	89	ethics, patient confidentiality, and health care data.
90	90	(b) To assist the institutional review board [panel] in
91	91	determining whether to approve a request for information, the
92	92	executive commissioner of the Health and Human Services Commission
93	93	[council] shall adopt rules similar to the federal Health Care
94	94	Financing Administration's guidelines on releasing data.
95	95	(c) A request for information other than public use data
96	96	must be made on the form prescribed [created] by the department
97	97	[council].
98	98	SECTION 4. Chapter 108, Health and Safety Code, is amended
99	99	by adding Section 108.0026 to read as follows:
100	100	Sec. 108.0026. TRANSFER OF DUTIES; REFERENCE TO COUNCIL.
101	101	(a) The powers and duties of the council under this chapter were
102	102	transferred to the Department of State Health Services in
103	103	accordance with Section 1.19, Chapter 198 (H.B. 2292), Acts of the
104	104	78th Legislature, Regular Session, 2003.
105	105	(b) In this chapter, a reference to the council means the
106	106	Department of State Health Services.
107	107	SECTION 5. Section 108.002(5), Health and Safety Code, is
108	108	repealed.
109	109	SECTION 6. This Act takes effect immediately if it receives
110	110	a vote of two-thirds of all the members elected to each house, as
111	111	provided by Section 39, Article III, Texas Constitution. If this
112	112	Act does not receive the vote necessary for immediate effect, this
113	113	Act takes effect September 1, 2009.