| 1 | 1 | | By: Nelson S.B. No. 289 |
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| 2 | 2 | | Substitute the following for S.B. No. 289: |
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| 3 | 3 | | By: Hopson C.S.S.B. No. 289 |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to health information technology used in the medical |
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| 9 | 9 | | assistance and child health plan programs. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 62, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 62.060 to read as follows: |
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| 13 | 13 | | Sec. 62.060. HEALTH INFORMATION TECHNOLOGY STANDARDS. (a) |
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| 14 | 14 | | In this section, "health information technology" means information |
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| 15 | 15 | | technology used to improve the quality, safety, or efficiency of |
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| 16 | 16 | | clinical practice, including the core functionalities of an |
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| 17 | 17 | | electronic health record, an electronic medical record, a |
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| 18 | 18 | | computerized health care provider order entry, electronic |
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| 19 | 19 | | prescribing, and clinical decision support technology. |
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| 20 | 20 | | (b) The commission shall ensure that any health information |
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| 21 | 21 | | technology used by the commission or any entity acting on behalf of |
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| 22 | 22 | | the commission in the child health plan program conforms to |
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| 23 | 23 | | standards required under federal law. |
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| 24 | 24 | | SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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| 25 | 25 | | is amended by adding Section 32.073 to read as follows: |
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| 26 | 26 | | Sec. 32.073. HEALTH INFORMATION TECHNOLOGY STANDARDS. (a) |
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| 27 | 27 | | In this section, "health information technology" means information |
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| 28 | 28 | | technology used to improve the quality, safety, or efficiency of |
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| 29 | 29 | | clinical practice, including the core functionalities of an |
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| 30 | 30 | | electronic health record, an electronic medical record, a |
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| 31 | 31 | | computerized health care provider order entry, electronic |
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| 32 | 32 | | prescribing, and clinical decision support technology. |
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| 33 | 33 | | (b) The Health and Human Services Commission shall ensure |
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| 34 | 34 | | that any health information technology used by the commission or |
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| 35 | 35 | | any entity acting on behalf of the commission in the medical |
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| 36 | 36 | | assistance program conforms to standards required under federal |
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| 37 | 37 | | law. |
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| 38 | 38 | | SECTION 3. If before implementing any provision of this Act |
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| 39 | 39 | | a state agency determines that a waiver or authorization from a |
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| 40 | 40 | | federal agency is necessary for implementation of that provision, |
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| 41 | 41 | | the agency affected by the provision shall request the waiver or |
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| 42 | 42 | | authorization and may delay implementing that provision until the |
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| 43 | 43 | | waiver or authorization is granted. |
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| 44 | 44 | | SECTION 4. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2009. |
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