Texas 2009 - 81st Regular

Texas Senate Bill SB2004 Compare Versions

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

Old	New	Differences
1	1	81R9755 SJM-D
2	2	By: Van de Putte S.B. No. 2004
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a statewide electronic health records bank.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle I, Title 2, Health and Safety Code, is
10	10	amended by adding Chapter 183 to read as follows:
11	11	CHAPTER 183. HEALTH RECORDS BOARD
12	12	Sec. 183.001. DEFINITIONS. In this chapter:
13	13	(1) "Bank" means the statewide electronic health
14	14	records bank created under this chapter.
15	15	(2) "Board" means the Health Records Board created
16	16	under this chapter.
17	17	(3) "Department" means the Department of State Health
18	18	Services.
19	19	(4) "Electronic health record" means the medical
20	20	record of an individual that is stored in an electronic format.
21	21	(5) "Executive commissioner" means the executive
22	22	commissioner of the Health and Human Services Commission.
23	23	(6) "Health care provider" means an individual or
24	24	facility licensed, certified, or otherwise authorized to
25	25	administer health care, for profit or otherwise, in the ordinary
26	26	course of business or professional practice and includes a
27	27	physician.
28	28	(7) "Medical home" means a primary care physician who
29	29	provides preventive and primary care to a patient on an ongoing
30	30	basis and coordinates with specialists when health care services
31	31	provided by a specialist are needed.
32	32	Sec. 183.002. COMPOSITION OF BOARD; PRESIDING OFFICER. (a)
33	33	The department shall create a Health Records Board. The board is
34	34	composed of seven members as follows:
35	35	(1) the executive director of the Health and Human
36	36	Services Commission or the executive director's designee;
37	37	(2) a representative from the board of directors of
38	38	the Texas Health Services Authority or the board's designee; and
39	39	(3) the following representatives appointed by the
40	40	governor:
41	41	(A) a representative from a licensed hospital;
42	42	(B) a representative from an appropriate
43	43	physician's organization;
44	44	(C) a representative from a health insurer;
45	45	(D) a representative from a consumer advisory
46	46	organization with a background in health care information
47	47	technology; and
48	48	(E) a representative from an appropriate
49	49	academic or research institution.
50	50	(b) The governor shall appoint a member of the board to
51	51	serve as the presiding officer of the board.
52	52	Sec. 183.003. DEPARTMENT DUTIES. The department shall
53	53	provide staff and resources as necessary for the operation of the
54	54	board.
55	55	Sec. 183.004. TERMS; VACANCY. (a) Members of the board
56	56	appointed by the governor serve two-year terms expiring February 1
57	57	of each odd-numbered year.
58	58	(b) A member may be reappointed.
59	59	(c) A vacancy on the board shall be filled for the remainder
60	60	of the unexpired term in the same manner as provided by Section
61	61	183.002.
62	62	Sec. 183.005. COMPENSATION; REIMBURSEMENT. (a) A member
63	63	of the board may not receive compensation for service on the board.
64	64	(b) A member may be reimbursed for the member's actual and
65	65	necessary expenses for meals, lodging, transportation, and
66	66	incidental expenses incurred while performing board business,
67	67	subject to any applicable limitation on reimbursement prescribed by
68	68	the General Appropriations Act.
69	69	Sec. 183.006. BOARD POWERS AND DUTIES; PLAN OF OPERATION.
70	70	(a) The board shall develop a plan of operation to:
71	71	(1) enable a seamless electronic health
72	72	infrastructure to support the health care system in this state;
73	73	(2) improve consumer safety and quality of care
74	74	through an electronic health infrastructure to encourage the
75	75	utilization of a medical home; and
76	76	(3) promote, implement, and facilitate the
77	77	implementation of the bank to enable the secure exchange of health
78	78	information between health care providers and allow a consumer to
79	79	access electronic records of all health services and information
80	80	prescribed and collected on the consumer during the consumer's
81	81	lifetime.
82	82	(b) In accordance with the plan of operation, the board
83	83	shall implement and administer a bank that:
84	84	(1) is web-based;
85	85	(2) is accessible through a card issued to consumers
86	86	capable of:
87	87	(A) electronically verifying eligibility for
88	88	medical services in real time;
89	89	(B) effectuating automatic check-in of a
90	90	consumer at a health care facility;
91	91	(C) maintaining real-time electronic payment
92	92	information, by health care provider, for services provided to the
93	93	consumer; and
94	94	(D) accessing a consumer's electronic health
95	95	record for the health care provider to assist in the care of the
96	96	consumer;
97	97	(3) allows health care providers and public and
98	98	private consumers and patients to share health information through
99	99	electronic means;
100	100	(4) complies with state and federal privacy
101	101	requirements, including the federal Health Insurance Portability
102	102	and Accountability Act (HIPAA);
103	103	(5) is operated through a secure means that protects
104	104	the privacy of a consumer;
105	105	(6) is capable of interoperability with existing
106	106	health records databases of other states or the federal government
107	107	to enable the consolidation of all health care information
108	108	collected on a consumer during the course of the consumer's
109	109	lifetime, regardless of the collector;
110	110	(7) enables a consumer to electronically communicate
111	111	with the consumer's medical home regarding appointment requests,
112	112	prescription refill requests, e-mail communications, and receipt
113	113	of condition education content from a health care provider; and
114	114	(8) enhances health care quality, consumer safety,
115	115	communication of consumer information, chronic condition
116	116	management capabilities, consumer and provider satisfaction,
117	117	clinical and administrative cost-effectiveness, and public health
118	118	emergency preparedness.
119	119	Sec. 183.007. PLAN OF OPERATION; AMENDMENTS; APPROVAL. (a)
120	120	The board shall submit to the executive commissioner a plan of
121	121	operation for the implementation of the bank that complies with the
122	122	requirements of Section 183.006(b). The board may submit
123	123	amendments to the plan of operation to the executive commissioner.
124	124	(b) The executive commissioner shall review the plan of
125	125	operation, or any amendments to the plan submitted by the board, and
126	126	approve the plan or amended plan if the plan or amended plan is
127	127	feasible.
128	128	(c) The board may not implement the plan of operation, or
129	129	any amendment to the plan, until the executive commissioner
130	130	approves the plan or amendment, as applicable.
131	131	(d) The executive commissioner shall approve or deny a plan
132	132	of operation or amendments to the plan not later than the 30th day
133	133	after the date the board submits the plan or amendments. For good
134	134	cause shown, the executive commissioner may extend the time to act
135	135	under this subsection.
136	136	Sec. 183.008. IMPLEMENTATION OF BANK. Not later than the
137	137	first anniversary of the date the executive commissioner approves a
138	138	plan of operation under Section 183.007, the board shall implement
139	139	the bank according to the plan of operation approved by the
140	140	executive commissioner.
141	141	Sec. 183.009. ENROLLMENT IN BANK. An individual may create
142	142	a record in the bank by:
143	143	(1) completing enrollment and consent forms
144	144	prescribed by the board when checking in to a health care facility;
145	145	or
146	146	(2) contacting the board directly and providing
147	147	necessary information.
148	148	Sec. 183.010. CONSUMER ACCESS TO RECORDS. (a) A consumer
149	149	owns an entire electronic health record created by the consumer in
150	150	the bank, and a consumer shall have access to the consumer's record
151	151	at any time.
152	152	(b) A consumer may add personal health information to the
153	153	consumer's electronic health record at any time after creating the
154	154	record.
155	155	(c) A consumer may not alter information contained in the
156	156	consumer's electronic health record unless an alteration is
157	157	approved in the manner specified by the plan of operation. The bank
158	158	shall identify an addition or alteration made by a consumer to the
159	159	consumer's record to the consumer.
160	160	(d) A health care provider may access a consumer's
161	161	electronic health record if the consumer or the consumer's legal
162	162	representative consents to the access.
163	163	Sec. 183.011. CONSUMER PRIVACY. (a) The board may not
164	164	release health information contained in the bank to any person
165	165	without the consent of the consumer, except that the board may
166	166	without the consumer's consent release information to:
167	167	(1) the consumer's health insurer or health benefit
168	168	plan;
169	169	(2) the consumer's employer; or
170	170	(3) a state employee for the purposes of:
171	171	(A) oversight of a state health program,
172	172	including a disease management program;
173	173	(B) tracking infectious diseases in this state;
174	174	(C) state wellness initiatives and programs; or
175	175	(D) research of state medical trends.
176	176	(b) A health care provider may not be required to redact
177	177	information disclosed under this section.
178	178	Sec. 183.012. RULES. The board shall adopt rules necessary
179	179	for the administration of the bank.
180	180	SECTION 2. (a) As soon as practicable after the effective
181	181	date of this Act, the Department of State Health Services shall
182	182	establish the Health Records Board under Section 183.002, Health
183	183	and Safety Code, as added by this Act, and the relevant appointing
184	184	authorities shall appoint the members of the board under that
185	185	section.
186	186	(b) Not later than March 1, 2010, the Health Records Board
187	187	created under Chapter 183, Health and Safety Code, as added by this
188	188	Act, shall adopt the rules required by that chapter.
189	189	(c) Not later than September 1, 2010, the Health Records
190	190	Board shall submit the initial plan of operation for the statewide
191	191	electronic health records bank, as required by Chapter 183, Health
192	192	and Safety Code, as added by this Act.
193	193	SECTION 3. This Act takes effect immediately if it receives
194	194	a vote of two-thirds of all the members elected to each house, as
195	195	provided by Section 39, Article III, Texas Constitution. If this
196	196	Act does not receive the vote necessary for immediate effect, this
197	197	Act takes effect September 1, 2009.