Texas 2009 - 81st Regular

Texas House Bill HB3898 Compare Versions

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

Old	New	Differences
1	1	81R5186 YDB-D
2	2	By: Oliveira H.B. No. 3898
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of an Alzheimer's disease registry.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
10	10	amended by adding Chapter 82A to read as follows:
11	11	CHAPTER 82A. ALZHEIMER'S DISEASE REGISTRY
12	12	Sec. 82A.001. SHORT TITLE. This chapter may be cited as the
13	13	Texas Alzheimer's Disease Reporting Act.
14	14	Sec. 82A.002. DEFINITIONS. In this chapter:
15	15	(1) "Executive commissioner" means the executive
16	16	commissioner of the Health and Human Services Commission.
17	17	(2) "Health care facility" means:
18	18	(A) a general or special hospital as defined by
19	19	Chapter 241;
20	20	(B) an ambulatory surgical center licensed under
21	21	Chapter 243;
22	22	(C) an institution licensed under Chapter 242; or
23	23	(D) any other facility, including an outpatient
24	24	clinic, that provides diagnosis or treatment services to patients
25	25	with Alzheimer's disease.
26	26	(3) "Physician" has the meaning assigned by Section
27	27	151.002, Occupations Code.
28	28	Sec. 82A.003. APPLICABILITY OF CHAPTER. This chapter
29	29	applies to records of:
30	30	(1) cases of Alzheimer's disease diagnosed on or after
31	31	January 1, 2010; and
32	32	(2) all ongoing Alzheimer's disease cases diagnosed
33	33	before January 1, 2010.
34	34	Sec. 82A.004. REGISTRY REQUIRED. The department shall
35	35	maintain an Alzheimer's disease registry for this state.
36	36	Sec. 82A.005. CONTENT OF REGISTRY. (a) The Alzheimer's
37	37	disease registry must be a central data bank of accurate, precise,
38	38	and current information that medical authorities agree serves as an
39	39	invaluable tool in the early recognition, prevention, cure, and
40	40	control of Alzheimer's disease.
41	41	(b) The Alzheimer's disease registry must include:
42	42	(1) a record of the cases of Alzheimer's disease that
43	43	occur in this state; and
44	44	(2) information concerning Alzheimer's disease cases
45	45	the department considers necessary and appropriate for the
46	46	recognition, prevention, cure, or control of Alzheimer's disease.
47	47	Sec. 82A.006. EXECUTIVE COMMISSIONER POWERS. To implement
48	48	this chapter, the executive commissioner may:
49	49	(1) adopt rules the executive commissioner considers
50	50	necessary;
51	51	(2) execute contracts the executive commissioner
52	52	considers necessary;
53	53	(3) receive the data from medical records of cases of
54	54	Alzheimer's disease that are in the custody or under the control of
55	55	health care facilities and physicians to record and analyze the
56	56	data directly related to the disease;
57	57	(4) compile and publish statistical and other studies
58	58	derived from the patient data obtained under this chapter to
59	59	provide, in an accessible form, information that is useful to
60	60	physicians, other medical personnel, and the general public;
61	61	(5) comply with requirements as necessary to obtain
62	62	federal funds in the maximum amounts and most advantageous
63	63	proportions possible;
64	64	(6) receive and use gifts made for the purpose of this
65	65	chapter; and
66	66	(7) limit Alzheimer's disease reporting activities
67	67	under this chapter to specified geographic areas of this state to
68	68	ensure optimal use of funds available for obtaining the data.
69	69	Sec. 82A.007. REPORTS. (a) The department shall submit an
70	70	annual report to the legislature on the information obtained under
71	71	this chapter.
72	72	(b) The department, in cooperation with other Alzheimer's
73	73	disease reporting organizations and research institutions, may
74	74	publish reports the department determines are necessary or
75	75	desirable to carry out the purpose of this chapter.
76	76	Sec. 82A.008. DATA FROM MEDICAL RECORDS. (a) To ensure an
77	77	accurate and continuing source of data concerning Alzheimer's
78	78	disease, each health care facility and physician shall furnish to
79	79	the department or its representative, on request, data that the
80	80	executive commissioner considers necessary and appropriate and
81	81	that is derived from each medical record pertaining to a case of
82	82	Alzheimer's disease that is in the custody or under the control of
83	83	the health care facility or physician. The department may not
84	84	request data that is more than three years old unless the department
85	85	is investigating a possible Alzheimer's disease cluster.
86	86	(b) A health care facility or physician shall furnish the
87	87	data requested under Subsection (a) in a reasonable format
88	88	prescribed by the department and within six months of the patient's
89	89	admission, diagnosis, or treatment for Alzheimer's disease unless a
90	90	different period is prescribed by the United States Department of
91	91	Health and Human Services.
92	92	(c) The data required to be furnished under this section
93	93	must include patient identification and diagnosis.
94	94	(d) The department may access medical records that would
95	95	identify cases of Alzheimer's disease, establish characteristics
96	96	or treatment of Alzheimer's disease, or determine the medical
97	97	status of any identified patient from the following sources:
98	98	(1) a health care facility providing screening,
99	99	diagnostic, or therapeutic services to a patient related to
100	100	Alzheimer's disease; or
101	101	(2) a physician diagnosing or providing treatment to a
102	102	patient with Alzheimer's disease, except as described by Subsection
103	103	(f).
104	104	(e) The executive commissioner shall adopt procedures that
105	105	ensure adequate notice is given to the health care facility or
106	106	physician before the department accesses data under Subsection (d).
107	107	(f) The department may not require a physician to furnish
108	108	data or provide access to records if:
109	109	(1) the data or records pertain to cases reported by a
110	110	health care facility providing screening, diagnostic, or
111	111	therapeutic services to Alzheimer's disease patients that involve
112	112	patients referred directly to or previously admitted to the
113	113	facility; and
114	114	(2) the facility reported the same data the physician
115	115	would be required to report.
116	116	(g) The data required to be furnished under this section may
117	117	be shared with Alzheimer's disease registries of health care
118	118	facilities subject to the confidentiality provisions in Section
119	119	82A.010.
120	120	Sec. 82A.009. FAILURE TO FURNISH DATA. (a) A health care
121	121	facility or physician that knowingly or in bad faith fails to
122	122	furnish data as required by this chapter shall reimburse the
123	123	department or its authorized representative for the costs of
124	124	accessing and reporting the data.
125	125	(b) The costs reimbursed under this section must be
126	126	reasonable, based on the actual costs incurred by the department or
127	127	by its authorized representative in the collection of data under
128	128	Section 82A.008(d), and may include salary and travel expenses.
129	129	(c) The department may assess a late fee on an account that
130	130	is 60 days or more overdue. The late fee may not exceed one and
131	131	one-half percent of the total amount due on the late account for
132	132	each month or portion of a month the account is not paid in full. A
133	133	health care facility or physician may request that the department
134	134	conduct a hearing to determine whether reimbursement to the
135	135	department under this subsection is appropriate.
136	136	Sec. 82A.010. CONFIDENTIALITY. (a) Reports, records, and
137	137	information obtained under this chapter are confidential and are
138	138	not subject to disclosure under Chapter 552, Government Code, are
139	139	not subject to subpoena, and may not otherwise be released or made
140	140	public except as provided by this section or Section 82A.008(g).
141	141	The reports, records, and information obtained under this chapter
142	142	are for the confidential use of the department and the persons or
143	143	public or private entities that the department determines are
144	144	necessary to carry out the intent of this chapter.
145	145	(b) Medical or epidemiological information may be released:
146	146	(1) for statistical purposes in a manner that prevents
147	147	identification of individuals, health care facilities, or
148	148	physicians;
149	149	(2) with the consent of each person identified in the
150	150	information; or
151	151	(3) to promote Alzheimer's disease research, including
152	152	release of information to other Alzheimer's disease registries and
153	153	appropriate state and federal agencies, under rules adopted by the
154	154	executive commissioner to ensure confidentiality as required by
155	155	state and federal laws.
156	156	(c) A state employee may not testify in a civil, criminal,
157	157	special, or other proceeding as to the existence or contents of
158	158	records, reports, or information concerning an individual whose
159	159	medical records have been used in submitting data required under
160	160	this chapter unless the individual consents in advance.
161	161	(d) Data furnished to an Alzheimer's disease registry or an
162	162	Alzheimer's disease researcher under Subsection (b) or Section
163	163	82A.008(g) is for the confidential use of the Alzheimer's disease
164	164	registry or the Alzheimer's disease researcher, as applicable, and
165	165	is subject to Subsection (a).
166	166	Sec. 82A.011. IMMUNITY FROM LIABILITY. The following
167	167	persons subject to this chapter that act in compliance with this
168	168	chapter are not civilly or criminally liable for furnishing the
169	169	information required under this chapter:
170	170	(1) a health care facility;
171	171	(2) an administrator, officer, or employee of a health
172	172	care facility;
173	173	(3) a physician or employee of a physician; and
174	174	(4) an employee of the department.
175	175	Sec. 82A.012. EXAMINATION AND SUPERVISION NOT REQUIRED.
176	176	This chapter does not require an individual to submit to any medical
177	177	examination or supervision or to examination or supervision by the
178	178	executive commissioner or the executive commissioner's
179	179	representatives.
180	180	SECTION 2. (a) Not later than December 1, 2009, the
181	181	executive commissioner of the Health and Human Services Commission
182	182	shall adopt the rules and procedures required to establish the
183	183	Alzheimer's disease registry under Chapter 82A, Health and Safety
184	184	Code, as added by this Act.
185	185	(b) Not later than January 1, 2010, the Department of State
186	186	Health Services shall establish the Alzheimer's disease registry
187	187	under Chapter 82A, Health and Safety Code, as added by this Act.
188	188	(c) Notwithstanding Chapter 82A, Health and Safety Code, as
189	189	added by this Act, a health care facility or physician is not
190	190	required to report the data required under Chapter 82A until
191	191	January 1, 2010.
192	192	SECTION 3. This Act takes effect September 1, 2009.