Texas 2009 - 81st Regular

Texas Senate Bill SB286 Compare Versions

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1	1	By: Nelson S.B. No. 286
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a health passport for Medicaid recipients.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter B, Chapter 531, Government Code, is
9	9	amended by adding Section 531.096 to read as follows:
10	10	Sec. 531.096. HEALTH PASSPORT. (a) The commission, with
11	11	the assistance of physicians and other health care providers
12	12	experienced with the use of health information technology or
13	13	electronic health records, shall develop and provide a health
14	14	passport for each person who:
15	15	(1) is receiving acute care under the state Medicaid
16	16	program through a managed care plan, as defined by Section 533.001;
17	17	and
18	18	(2) is not provided a health passport under another
19	19	law of this state.
20	20	(a-1) Notwithstanding Subsection (a), the commission is not
21	21	required to provide a health passport for each person described by
22	22	that subsection until September 1, 2014. Beginning as soon as
23	23	feasible after September 1, 2009, the commission shall provide a
24	24	health passport to each child entitled to a health passport under
25	25	Subsection (a) or, if initial provision of health passports to all
26	26	children is impossible, to selected categories of children.
27	27	Thereafter, at intervals occurring as soon as possible, the
28	28	commission shall expand the provision of health passports to
29	29	additional children and finally to adults. This subsection expires
30	30	September 1, 2014.
31	31	(b) Information that is accessible through the health
32	32	passport provided under this section must be maintained in an
33	33	electronic format that uses the commission's existing computer
34	34	resources to the greatest extent possible.
35	35	(c) The executive commissioner shall adopt rules specifying
36	36	the information required to be included in the health passport. The
37	37	required information may include:
38	38	(1) the name and address of each of the person's
39	39	physicians and health care providers;
40	40	(2) a record of each visit to a physician or other
41	41	health care provider, including routine checkups;
42	42	(3) an immunization record;
43	43	(4) a list of the person's known health problems and
44	44	allergies;
45	45	(5) information on all medications prescribed to the
46	46	person in adequate detail to permit refills of prescriptions,
47	47	including the disease or condition that each medication treats; and
48	48	(6) any other available health history that physicians
49	49	and other health care providers who provide care for the person
50	50	determine is important.
51	51	(d) The system used to access the health passport must be
52	52	secure and maintain the confidentiality of the person's health
53	53	records. To the extent that this section authorizes the use or
54	54	disclosure of protected health information by a covered entity, as
55	55	those terms are defined by the privacy rule of the Administrative
56	56	Simplification subtitle of the Health Insurance Portability and
57	57	Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45
58	58	C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the
59	59	covered entity shall ensure that the use or disclosure complies
60	60	with all applicable requirements, standards, or implementation
61	61	specifications of the privacy rule.
62	62	(e) The commission shall provide training or instructional
63	63	materials regarding use of a health passport to adults who receive
64	64	health passports; parents, guardians, and caretakers of children
65	65	who receive health passports; and physicians and other health care
66	66	providers.
67	67	(f) The commission shall make health passport information
68	68	available for 90 days in printed and electronic formats to the
69	69	following individuals when a person loses eligibility for Medicaid,
70	70	unless the commission is required to provide a health passport
71	71	under another program:
72	72	(1) the person, if the person is an adult or a child
73	73	who has had the disabilities of minority removed; or
74	74	(2) the person's parent, legal guardian, or other
75	75	caretaker, if the person is a child.
76	76	(g) The commission shall coordinate the health passports
77	77	and procedures adopted for the Medicaid program under this section
78	78	with the health passport and procedures adopted under Section
79	79	266.006, Family Code, for a child in the foster care system to
80	80	ensure that a child's health passport is transferable between the
81	81	Medicaid program and that system.
82	82	SECTION 2. Subsection (b), Section 32.102, Human Resources
83	83	Code, as added by Chapter 268 (S.B. 10), Acts of the 80th
84	84	Legislature, Regular Session, 2007, is amended to read as follows:
85	85	(b) If the executive commissioner determines that a need
86	86	exists for the use of health information technology in the medical
87	87	assistance program and that the technology is cost-effective, the
88	88	Health and Human Services Commission may, for the purposes
89	89	prescribed by Subsection (a):
90	90	(1) acquire and implement the technology; or
91	91	(2) evaluate the feasibility of developing and, if
92	92	feasible, develop, the technology through the use or expansion of
93	93	other systems or technologies the commission uses for other
94	94	purposes, including:
95	95	(A) the technologies used in the pilot program
96	96	implemented under Section 531.1063, Government Code; and
97	97	(B) a [the] health passport developed under
98	98	Section 266.006, Family Code, or Section 531.096, Government Code,
99	99	for persons receiving medical assistance not provided a health
100	100	passport under either of those provisions.
101	101	SECTION 3. If before implementing any provision of this Act
102	102	a state agency determines that a waiver or authorization from a
103	103	federal agency is necessary for implementation of that provision,
104	104	the agency affected by the provision shall request the waiver or
105	105	authorization and may delay implementing that provision until the
106	106	waiver or authorization is granted.
107	107	SECTION 4. Except as otherwise provided by this Act, this
108	108	Act takes effect September 1, 2009.