81R5186 YDB-D
By: Oliveira H.B. No. 3898
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an Alzheimer's disease registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
amended by adding Chapter 82A to read as follows:
CHAPTER 82A. ALZHEIMER'S DISEASE REGISTRY
Sec. 82A.001. SHORT TITLE. This chapter may be cited as the
Texas Alzheimer's Disease Reporting Act.
Sec. 82A.002. DEFINITIONS. In this chapter:
(1) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(2) "Health care facility" means:
(A) a general or special hospital as defined by
Chapter 241;
(B) an ambulatory surgical center licensed under
Chapter 243;
(C) an institution licensed under Chapter 242; or
(D) any other facility, including an outpatient
clinic, that provides diagnosis or treatment services to patients
with Alzheimer's disease.
(3) "Physician" has the meaning assigned by Section
151.002, Occupations Code.
Sec. 82A.003. APPLICABILITY OF CHAPTER. This chapter
applies to records of:
(1) cases of Alzheimer's disease diagnosed on or after
January 1, 2010; and
(2) all ongoing Alzheimer's disease cases diagnosed
before January 1, 2010.
Sec. 82A.004. REGISTRY REQUIRED. The department shall
maintain an Alzheimer's disease registry for this state.
Sec. 82A.005. CONTENT OF REGISTRY. (a) The Alzheimer's
disease registry must be a central data bank of accurate, precise,
and current information that medical authorities agree serves as an
invaluable tool in the early recognition, prevention, cure, and
control of Alzheimer's disease.
(b) The Alzheimer's disease registry must include:
(1) a record of the cases of Alzheimer's disease that
occur in this state; and
(2) information concerning Alzheimer's disease cases
the department considers necessary and appropriate for the
recognition, prevention, cure, or control of Alzheimer's disease.
Sec. 82A.006. EXECUTIVE COMMISSIONER POWERS. To implement
this chapter, the executive commissioner may:
(1) adopt rules the executive commissioner considers
necessary;
(2) execute contracts the executive commissioner
considers necessary;
(3) receive the data from medical records of cases of
Alzheimer's disease that are in the custody or under the control of
health care facilities and physicians to record and analyze the
data directly related to the disease;
(4) compile and publish statistical and other studies
derived from the patient data obtained under this chapter to
provide, in an accessible form, information that is useful to
physicians, other medical personnel, and the general public;
(5) comply with requirements as necessary to obtain
federal funds in the maximum amounts and most advantageous
proportions possible;
(6) receive and use gifts made for the purpose of this
chapter; and
(7) limit Alzheimer's disease reporting activities
under this chapter to specified geographic areas of this state to
ensure optimal use of funds available for obtaining the data.
Sec. 82A.007. REPORTS. (a) The department shall submit an
annual report to the legislature on the information obtained under
this chapter.
(b) The department, in cooperation with other Alzheimer's
disease reporting organizations and research institutions, may
publish reports the department determines are necessary or
desirable to carry out the purpose of this chapter.
Sec. 82A.008. DATA FROM MEDICAL RECORDS. (a) To ensure an
accurate and continuing source of data concerning Alzheimer's
disease, each health care facility and physician shall furnish to
the department or its representative, on request, data that the
executive commissioner considers necessary and appropriate and
that is derived from each medical record pertaining to a case of
Alzheimer's disease that is in the custody or under the control of
the health care facility or physician. The department may not
request data that is more than three years old unless the department
is investigating a possible Alzheimer's disease cluster.
(b) A health care facility or physician shall furnish the
data requested under Subsection (a) in a reasonable format
prescribed by the department and within six months of the patient's
admission, diagnosis, or treatment for Alzheimer's disease unless a
different period is prescribed by the United States Department of
Health and Human Services.
(c) The data required to be furnished under this section
must include patient identification and diagnosis.
(d) The department may access medical records that would
identify cases of Alzheimer's disease, establish characteristics
or treatment of Alzheimer's disease, or determine the medical
status of any identified patient from the following sources:
(1) a health care facility providing screening,
diagnostic, or therapeutic services to a patient related to
Alzheimer's disease; or
(2) a physician diagnosing or providing treatment to a
patient with Alzheimer's disease, except as described by Subsection
(f).
(e) The executive commissioner shall adopt procedures that
ensure adequate notice is given to the health care facility or
physician before the department accesses data under Subsection (d).
(f) The department may not require a physician to furnish
data or provide access to records if:
(1) the data or records pertain to cases reported by a
health care facility providing screening, diagnostic, or
therapeutic services to Alzheimer's disease patients that involve
patients referred directly to or previously admitted to the
facility; and
(2) the facility reported the same data the physician
would be required to report.
(g) The data required to be furnished under this section may
be shared with Alzheimer's disease registries of health care
facilities subject to the confidentiality provisions in Section
82A.010.
Sec. 82A.009. FAILURE TO FURNISH DATA. (a) A health care
facility or physician that knowingly or in bad faith fails to
furnish data as required by this chapter shall reimburse the
department or its authorized representative for the costs of
accessing and reporting the data.
(b) The costs reimbursed under this section must be
reasonable, based on the actual costs incurred by the department or
by its authorized representative in the collection of data under
Section 82A.008(d), and may include salary and travel expenses.
(c) The department may assess a late fee on an account that
is 60 days or more overdue. The late fee may not exceed one and
one-half percent of the total amount due on the late account for
each month or portion of a month the account is not paid in full. A
health care facility or physician may request that the department
conduct a hearing to determine whether reimbursement to the
department under this subsection is appropriate.
Sec. 82A.010. CONFIDENTIALITY. (a) Reports, records, and
information obtained under this chapter are confidential and are
not subject to disclosure under Chapter 552, Government Code, are
not subject to subpoena, and may not otherwise be released or made
public except as provided by this section or Section 82A.008(g).
The reports, records, and information obtained under this chapter
are for the confidential use of the department and the persons or
public or private entities that the department determines are
necessary to carry out the intent of this chapter.
(b) Medical or epidemiological information may be released:
(1) for statistical purposes in a manner that prevents
identification of individuals, health care facilities, or
physicians;
(2) with the consent of each person identified in the
information; or
(3) to promote Alzheimer's disease research, including
release of information to other Alzheimer's disease registries and
appropriate state and federal agencies, under rules adopted by the
executive commissioner to ensure confidentiality as required by
state and federal laws.
(c) A state employee may not testify in a civil, criminal,
special, or other proceeding as to the existence or contents of
records, reports, or information concerning an individual whose
medical records have been used in submitting data required under
this chapter unless the individual consents in advance.
(d) Data furnished to an Alzheimer's disease registry or an
Alzheimer's disease researcher under Subsection (b) or Section
82A.008(g) is for the confidential use of the Alzheimer's disease
registry or the Alzheimer's disease researcher, as applicable, and
is subject to Subsection (a).
Sec. 82A.011. IMMUNITY FROM LIABILITY. The following
persons subject to this chapter that act in compliance with this
chapter are not civilly or criminally liable for furnishing the
information required under this chapter:
(1) a health care facility;
(2) an administrator, officer, or employee of a health
care facility;
(3) a physician or employee of a physician; and
(4) an employee of the department.
Sec. 82A.012. EXAMINATION AND SUPERVISION NOT REQUIRED.
This chapter does not require an individual to submit to any medical
examination or supervision or to examination or supervision by the
executive commissioner or the executive commissioner's
representatives.
SECTION 2. (a) Not later than December 1, 2009, the
executive commissioner of the Health and Human Services Commission
shall adopt the rules and procedures required to establish the
Alzheimer's disease registry under Chapter 82A, Health and Safety
Code, as added by this Act.
(b) Not later than January 1, 2010, the Department of State
Health Services shall establish the Alzheimer's disease registry
under Chapter 82A, Health and Safety Code, as added by this Act.
(c) Notwithstanding Chapter 82A, Health and Safety Code, as
added by this Act, a health care facility or physician is not
required to report the data required under Chapter 82A until
January 1, 2010.
SECTION 3. This Act takes effect September 1, 2009.