By: Hinojosa S.B. No. 2013
A BILL TO BE ENTITLED
AN ACT
relating to interoperable health information technology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 2, Health and Safety Code, is
amended by adding Chapter 183 to read as follows:
CHAPTER 183. INTEROPERABLE HEALTH INFORMATION TECHNOLOGY.
Sec. 183.001. The state shall leverage its market power to
facilitate the adoption of health information technology the
development of an statewide interoperable health information
technology network The network must:
(1) provide secure aggregation and access to health
care data through the use of a federated health information
exchange infrastructure.
(2) provide cross-domain single sign-on allowing for
real-time data aggregation across disparate organizations and
systems; and
(3) be compatible with recognized national data
standards in order to allow for interstate interoperability.
Sec. 183.002 DEFINITIONS. In this chapter:
(1) "Health information technology" means the
application of information processing, involving both computer
hardware and software that deals with the storage, retrieval,
sharing and use of health care information, data and knowledge for
communication and decision-making, and includes:
(A) An electronic health record that provides
access in real-time to a patient's complete medical record;
(B) a personal health record through which an
individual, and anyone authorized by such individual, can maintain
and manage such individual's health information;
(C) computerized order entry technology that
permits a health care provider to order diagnostic and treatment
services, including prescription drugs electronically;
(D) electronic alerts and reminders to health
care providers to improve compliance with best practices, promote
regular screenings and other preventive practices, and facilitate
diagnoses and treatments;
(E) error notification procedures that generate
a warning if an order is entered that is likely to lead to a
significant adverse outcome for a patient; and
(F) tools to allow for the collection, analysis
and reporting of data on adverse events, near misses, the quality
and efficiency of care, patient satisfaction and other
healthcare-related performance measures.
(2) "Interoperability" means the ability of two or
more systems or components to exchange information and to use the
information that has been exchanged, including:
(A) The capacity to physically connect to a
secure network for the purpose of exchanging data with other users;
(B) the ability of a connected user to
demonstrate appropriate permissions to participate in the sharing
of information over the network; and
(C) the capacity of a connected user with such
permissions to access, transmit, receive and exchange usable
information with other users.
(3) "Standard electronic format" means a format using
open electronic standards that:
(A) Enable health information technology to be
used for the collection of clinically specific data;
(B) promote the interoperability of health care
information across health care settings, including reporting to
local, state and federal agencies; and
(C) facilitate clinical decision support.
Section 183.003. PRIVACY AND SECURITY.
The network is expected to adhere to all applicable state and
federal privacy laws and to adopt appropriate security measures
related to both to data within the network and the network itself.
Section 183.004. GRANTS TO PROVIDERS.
The state may establish and implement a program to provide grants to
providers in need of assistance in obtaining hardware and software
needed to access the network. The XXXX shall adopt rules to
establish eligibility criteria, including financial need
thresholds and allowable purchases under the grant program.
Sec. 183.005. FUNDING. (a) The network may be funded
through the General Appropriations Act and the state may request,
accept, and use gifts and grants as necessary.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.