Texas 2011 - 82nd Regular

Texas House Bill HB1875 Compare Versions

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1	1	82R24691 NAJ-D
2	2	By: Kolkhorst H.B. No. 1875
3	3	Substitute the following for H.B. No. 1875:
4	4	By: Callegari C.S.H.B. No. 1875
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the repeal of certain health programs, task forces, and
10	10	councils, to the review of certain health programs, councils,
11	11	centers, and divisions under the Texas Sunset Act, and to the
12	12	transfer of certain functions to the Department of State Health
13	13	Services; providing penalties.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 531.021(b), Government Code, is amended
16	16	to read as follows:
17	17	(b) The commission shall:
18	18	(1) plan and direct the Medicaid program in each
19	19	agency that operates a portion of the Medicaid program, including
20	20	the management of the Medicaid managed care system and the
21	21	development, procurement, management, and monitoring of contracts
22	22	necessary to implement the Medicaid managed care system;
23	23	(2) adopt reasonable rules and standards governing the
24	24	determination of fees, charges, and rates for medical assistance
25	25	payments under Chapter 32, Human Resources Code, in consultation
26	26	with the agencies that operate the Medicaid program; and
27	27	(3) establish requirements for and define the scope of
28	28	the ongoing evaluation of the Medicaid managed care system
29	29	[conducted in conjunction with the Texas Health Care Information
30	30	Council under Section 108.0065, Health and Safety Code].
31	31	SECTION 2. Section 531.0214(b), Government Code, is amended
32	32	to read as follows:
33	33	(b) To minimize cost and duplication of activities, the
34	34	commission shall assist and coordinate:
35	35	(1) the efforts of the agencies that are participating
36	36	in the development of the system required by Subsection (a); and
37	37	(2) the efforts of those agencies with the efforts of
38	38	other agencies involved in a [statewide] health care data
39	39	collection system used by the Department of State Health Services
40	40	[provided for by Section 108.006, Health and Safety Code],
41	41	including avoiding duplication of expenditure of state funds for
42	42	computer hardware, staff, or services.
43	43	SECTION 3. Section 2054.0541, Government Code, is amended
44	44	to read as follows:
45	45	Sec. 2054.0541. STATEWIDE HEALTH CARE DATA COLLECTION
46	46	SYSTEM. The department shall assist [the Texas Health Care
47	47	Information Council and] the [Texas] Department of State Health
48	48	Services with planning, analyses, and management functions
49	49	relating to the procurement, use, and implementation of a
50	50	[statewide] health care data collection system used by the
51	51	Department of State Health Services [under Chapter 108, Health and
52	52	Safety Code].
53	53	SECTION 4. Chapter 35, Health and Safety Code, is amended by
54	54	adding Section 35.014 to read as follows:
55	55	Sec. 35.014. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
56	56	services program for children with special health care needs is
57	57	subject to review under Chapter 325, Government Code (Texas Sunset
58	58	Act), as if it were a state agency subject to review under that
59	59	chapter. If the program is not continued in existence in accordance
60	60	with that chapter, the program is abolished and this chapter
61	61	expires September 1, 2019.
62	62	(b) To the extent that Chapter 325, Government Code (Texas
63	63	Sunset Act), places a duty on a state agency subject to review under
64	64	that chapter, the department shall perform the duty as it relates to
65	65	the program.
66	66	SECTION 5. Chapter 36, Health and Safety Code, is amended by
67	67	adding Section 36.015 to read as follows:
68	68	Sec. 36.015. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
69	69	screening program for special senses and communication disorders
70	70	established under this chapter is subject to review under Chapter
71	71	325, Government Code (Texas Sunset Act), as if it were a state
72	72	agency subject to review under that chapter. If the program is not
73	73	continued in existence in accordance with that chapter, the program
74	74	is abolished and this chapter expires September 1, 2019.
75	75	(b) To the extent that Chapter 325, Government Code (Texas
76	76	Sunset Act), places a duty on a state agency subject to review under
77	77	that chapter, the department shall perform the duty as it relates to
78	78	the program.
79	79	SECTION 6. Chapter 37, Health and Safety Code, is amended by
80	80	adding Section 37.007 to read as follows:
81	81	Sec. 37.007. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
82	82	program to detect abnormal spinal curvature in children established
83	83	under this chapter is subject to review under Chapter 325,
84	84	Government Code (Texas Sunset Act), as if it were a state agency
85	85	subject to review under that chapter. If the program is not
86	86	continued in existence in accordance with that chapter, the program
87	87	is abolished and this chapter expires September 1, 2019.
88	88	(b) To the extent that Chapter 325, Government Code (Texas
89	89	Sunset Act), places a duty on a state agency subject to review under
90	90	that chapter, the department shall perform the duty as it relates to
91	91	the program.
92	92	SECTION 7. Chapter 38, Health and Safety Code, is amended by
93	93	adding Section 38.003 to read as follows:
94	94	Sec. 38.003. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
95	95	program for the control and eradication of pediculosis in minors
96	96	established under this chapter is subject to review under Chapter
97	97	325, Government Code (Texas Sunset Act), as if it were a state
98	98	agency subject to review under that chapter. If the program is not
99	99	continued in existence in accordance with that chapter, the program
100	100	is abolished and this chapter expires September 1, 2019.
101	101	(b) To the extent that Chapter 325, Government Code (Texas
102	102	Sunset Act), places a duty on a state agency subject to review under
103	103	that chapter, the department shall perform the duty as it relates to
104	104	the program.
105	105	SECTION 8. Chapter 39, Health and Safety Code, is amended by
106	106	adding Section 39.007 to read as follows:
107	107	Sec. 39.007. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
108	108	children's outreach heart program is subject to review under
109	109	Chapter 325, Government Code (Texas Sunset Act), as if it were a
110	110	state agency subject to review under that chapter. If the program
111	111	is not continued in existence in accordance with that chapter, the
112	112	program is abolished and this chapter expires September 1, 2019.
113	113	(b) To the extent that Chapter 325, Government Code (Texas
114	114	Sunset Act), places a duty on a state agency subject to review under
115	115	that chapter, the department shall perform the duty as it relates to
116	116	the program.
117	117	SECTION 9. Chapter 40, Health and Safety Code, is amended by
118	118	adding Section 40.008 to read as follows:
119	119	Sec. 40.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
120	120	epilepsy program established under this chapter is subject to
121	121	review under Chapter 325, Government Code (Texas Sunset Act), as if
122	122	it were a state agency subject to review under that chapter. If the
123	123	program is not continued in existence in accordance with that
124	124	chapter, the program is abolished and this chapter expires
125	125	September 1, 2019.
126	126	(b) To the extent that Chapter 325, Government Code (Texas
127	127	Sunset Act), places a duty on a state agency subject to review under
128	128	that chapter, the department shall perform the duty as it relates to
129	129	the program.
130	130	SECTION 10. Chapter 41, Health and Safety Code, is amended
131	131	by adding Section 41.008 to read as follows:
132	132	Sec. 41.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
133	133	hemophilia assistance program is subject to review under Chapter
134	134	325, Government Code (Texas Sunset Act), as if it were a state
135	135	agency subject to review under that chapter. If the program is not
136	136	continued in existence in accordance with that chapter, the program
137	137	is abolished and this chapter expires September 1, 2019.
138	138	(b) To the extent that Chapter 325, Government Code (Texas
139	139	Sunset Act), places a duty on a state agency subject to review under
140	140	that chapter, the department shall perform the duty as it relates to
141	141	the program.
142	142	SECTION 11. Chapter 42, Health and Safety Code, is amended
143	143	by adding Section 42.019 to read as follows:
144	144	Sec. 42.019. SUNSET PROVISION. The kidney health care
145	145	division is subject to Chapter 325, Government Code (Texas Sunset
146	146	Act). Unless continued in existence as provided by that chapter,
147	147	the division is abolished and this chapter expires September 1,
148	148	2019.
149	149	SECTION 12. Chapter 43, Health and Safety Code, is amended
150	150	by adding Section 43.015 to read as follows:
151	151	Sec. 43.015. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
152	152	oral health improvement services program is subject to review under
153	153	Chapter 325, Government Code (Texas Sunset Act), as if it were a
154	154	state agency subject to review under that chapter. If the program
155	155	is not continued in existence in accordance with that chapter, the
156	156	program is abolished and this chapter expires September 1, 2019.
157	157	(b) To the extent that Chapter 325, Government Code (Texas
158	158	Sunset Act), places a duty on a state agency subject to review under
159	159	that chapter, the department shall perform the duty as it relates to
160	160	the program.
161	161	SECTION 13. Chapter 46, Health and Safety Code, is amended
162	162	by adding Section 46.008 to read as follows:
163	163	Sec. 46.008. APPLICATION OF SUNSET ACT TO SYSTEM. (a) The
164	164	system created by Section 46.002(a) is subject to review under
165	165	Chapter 325, Government Code (Texas Sunset Act), as if it were a
166	166	state agency subject to review under that chapter. If the system is
167	167	not continued in existence in accordance with that chapter, the
168	168	system is abolished and this chapter expires September 1, 2019.
169	169	(b) To the extent that Chapter 325, Government Code (Texas
170	170	Sunset Act), places a duty on a state agency subject to review under
171	171	that chapter, the department shall perform the duty as it relates to
172	172	the system.
173	173	SECTION 14. Chapter 47, Health and Safety Code, is amended
174	174	by adding Section 47.010 to read as follows:
175	175	Sec. 47.010. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
176	176	newborn hearing screening, tracking, and intervention program is
177	177	subject to review under Chapter 325, Government Code (Texas Sunset
178	178	Act), as if it were a state agency subject to review under that
179	179	chapter. If the program is not continued in existence in accordance
180	180	with that chapter, the program is abolished and this chapter
181	181	expires September 1, 2019.
182	182	(b) To the extent that Chapter 325, Government Code (Texas
183	183	Sunset Act), places a duty on a state agency subject to review under
184	184	that chapter, the department shall perform the duty as it relates to
185	185	the program.
186	186	SECTION 15. Section 81.010, Health and Safety Code, is
187	187	amended by adding Subsection (l) to read as follows:
188	188	(l) The Interagency Coordinating Council for HIV and
189	189	Hepatitis is subject to Chapter 325, Government Code (Texas Sunset
190	190	Act). Unless continued in existence as provided by that chapter,
191	191	the council is abolished and this section expires September 1,
192	192	2019.
193	193	SECTION 16. Chapter 83, Health and Safety Code, is amended
194	194	by adding Section 83.0085 to read as follows:
195	195	Sec. 83.0085. APPLICATION OF SUNSET ACT TO PROGRAM. (a)
196	196	The program created by Section 83.008 is subject to review under
197	197	Chapter 325, Government Code (Texas Sunset Act), as if it were a
198	198	state agency subject to review under that chapter. If the program
199	199	is not continued in existence in accordance with that chapter, the
200	200	program is abolished and this chapter expires September 1, 2019.
201	201	(b) To the extent that Chapter 325, Government Code (Texas
202	202	Sunset Act), places a duty on a state agency subject to review under
203	203	that chapter, the department shall perform the duty as it relates to
204	204	the program.
205	205	SECTION 17. Subchapter B, Chapter 85, Health and Safety
206	206	Code, is amended by adding Section 85.045 to read as follows:
207	207	Sec. 85.045. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
208	208	state grant program established under this subchapter is subject to
209	209	review under Chapter 325, Government Code (Texas Sunset Act), as if
210	210	it were a state agency subject to review under that chapter. If the
211	211	program is not continued in existence in accordance with that
212	212	chapter, the program is abolished and this subchapter expires
213	213	September 1, 2019.
214	214	(b) To the extent that Chapter 325, Government Code (Texas
215	215	Sunset Act), places a duty on a state agency subject to review under
216	216	that chapter, the department shall perform the duty as it relates to
217	217	the program.
218	218	SECTION 18. Subchapter C, Chapter 85, Health and Safety
219	219	Code, is amended by adding Section 85.067 to read as follows:
220	220	Sec. 85.067. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
221	221	Texas HIV medication program is subject to review under Chapter
222	222	325, Government Code (Texas Sunset Act), as if it were a state
223	223	agency subject to review under that chapter. If the program is not
224	224	continued in existence in accordance with that chapter, the program
225	225	is abolished and this subchapter expires September 1, 2019.
226	226	(b) To the extent that Chapter 325, Government Code (Texas
227	227	Sunset Act), places a duty on a state agency subject to review under
228	228	that chapter, the department shall perform the duty as it relates to
229	229	the program.
230	230	SECTION 19. Subchapter D, Chapter 85, Health and Safety
231	231	Code, is amended by adding Section 85.090 to read as follows:
232	232	Sec. 85.090. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
233	233	testing, registration, and counseling programs established under
234	234	this subchapter are subject to review under Chapter 325, Government
235	235	Code (Texas Sunset Act), as if they were a state agency subject to
236	236	review under that chapter. If the programs are not continued in
237	237	existence in accordance with that chapter, the programs are
238	238	abolished and this subchapter expires September 1, 2019.
239	239	(b) To the extent that Chapter 325, Government Code (Texas
240	240	Sunset Act), places a duty on a state agency subject to review under
241	241	that chapter, the department shall perform the duty as it relates to
242	242	the programs.
243	243	SECTION 20. Subchapter A, Chapter 86, Health and Safety
244	244	Code, is amended by adding Section 86.006 to read as follows:
245	245	Sec. 86.006. SUNSET PROVISION. The advisory council is
246	246	subject to Chapter 325, Government Code (Texas Sunset Act). Unless
247	247	continued in existence as provided by that chapter, the council is
248	248	abolished and this subchapter expires September 1, 2019.
249	249	SECTION 21. Section 86.012, Health and Safety Code, is
250	250	amended by adding Subsection (c) to read as follows:
251	251	(c) The advisory committee is subject to Chapter 325,
252	252	Government Code (Texas Sunset Act). Unless continued in existence
253	253	as provided by that chapter, the committee is abolished and this
254	254	section expires September 1, 2019.
255	255	SECTION 22. Section 86.103, Health and Safety Code, is
256	256	amended by adding Subsection (c) to read as follows:
257	257	(c) The advisory council is subject to Chapter 325,
258	258	Government Code (Texas Sunset Act). Unless continued in existence
259	259	as provided by that chapter, the council is abolished and this
260	260	section expires September 1, 2019.
261	261	SECTION 23. Chapter 90, Health and Safety Code, is amended
262	262	by adding Section 90.004 to read as follows:
263	263	Sec. 90.004. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
264	264	osteoporosis program created by Section 90.002 is subject to review
265	265	under Chapter 325, Government Code (Texas Sunset Act), as if it were
266	266	a state agency subject to review under that chapter. If the program
267	267	is not continued in existence in accordance with that chapter, the
268	268	program is abolished and this chapter expires September 1, 2019.
269	269	(b) To the extent that Chapter 325, Government Code (Texas
270	270	Sunset Act), places a duty on a state agency subject to review under
271	271	that chapter, the department shall perform the duty as it relates to
272	272	the program.
273	273	SECTION 24. Chapter 91, Health and Safety Code, is amended
274	274	by adding Section 91.004 to read as follows:
275	275	Sec. 91.004. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
276	276	program created by Section 91.002 is subject to review under
277	277	Chapter 325, Government Code (Texas Sunset Act), as if it were a
278	278	state agency subject to review under that chapter. If the program
279	279	is not continued in existence in accordance with that chapter, the
280	280	program is abolished and this chapter expires September 1, 2019.
281	281	(b) To the extent that Chapter 325, Government Code (Texas
282	282	Sunset Act), places a duty on a state agency subject to review under
283	283	that chapter, the department shall perform the duty as it relates to
284	284	the program.
285	285	SECTION 25. Subchapter A, Chapter 93, Health and Safety
286	286	Code, is amended by adding Section 93.015 to read as follows:
287	287	Sec. 93.015. SUNSET PROVISION. The Council on
288	288	Cardiovascular Disease and Stroke is subject to Chapter 325,
289	289	Government Code (Texas Sunset Act). Unless continued in existence
290	290	as provided by that chapter, the council is abolished and this
291	291	chapter expires September 1, 2019.
292	292	SECTION 26. Chapter 97, Health and Safety Code, is amended
293	293	by adding Section 97.008 to read as follows:
294	294	Sec. 97.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
295	295	arthritis control and prevention program is subject to review under
296	296	Chapter 325, Government Code (Texas Sunset Act), as if it were a
297	297	state agency subject to review under that chapter. If the program
298	298	is not continued in existence in accordance with that chapter, the
299	299	program is abolished and this chapter expires September 1, 2019.
300	300	(b) To the extent that Chapter 325, Government Code (Texas
301	301	Sunset Act), places a duty on a state agency subject to review under
302	302	that chapter, the department shall perform the duty as it relates to
303	303	the program.
304	304	SECTION 27. Subchapter A, Chapter 98, Health and Safety
305	305	Code, as added by Chapter 359 (S.B. 288), Acts of the 80th
306	306	Legislature, Regular Session, 2007, is amended by adding Section
307	307	98.003 to read as follows:
308	308	Sec. 98.003. SUNSET PROVISION. The Advisory Panel on
309	309	Health Care-Associated Infections and Preventable Adverse Events
310	310	is subject to Chapter 325, Government Code (Texas Sunset Act).
311	311	Unless continued in existence as provided by that chapter, the
312	312	advisory panel is abolished and this chapter expires September 1,
313	313	2019.
314	314	SECTION 28. Chapter 101, Health and Safety Code, is amended
315	315	by adding Section 101.011 to read as follows:
316	316	Sec. 101.011. SUNSET PROVISION. The Texas Council on
317	317	Alzheimer's Disease and Related Disorders is subject to Chapter
318	318	325, Government Code (Texas Sunset Act). Unless continued in
319	319	existence as provided by that chapter, the council is abolished and
320	320	this chapter expires September 1, 2019.
321	321	SECTION 29. Chapter 103, Health and Safety Code, is amended
322	322	by adding Section 103.020 to read as follows:
323	323	Sec. 103.020. SUNSET PROVISION. The Texas Diabetes Council
324	324	is subject to Chapter 325, Government Code (Texas Sunset Act).
325	325	Unless continued in existence as provided by that chapter, the
326	326	council is abolished and this chapter expires September 1, 2019.
327	327	SECTION 30. Section 105.001(2), Health and Safety Code, is
328	328	amended to read as follows:
329	329	(2) "Department" ["Council"] means the Department of
330	330	State Health Services [statewide health coordinating council].
331	331	SECTION 31. Section 105.002, Health and Safety Code, is
332	332	amended to read as follows:
333	333	Sec. 105.002. ESTABLISHMENT OF CENTER. (a) In conjunction
334	334	with the Texas Higher Education Coordinating Board and in such a way
335	335	as to avoid duplication of effort, the department [council] shall
336	336	establish a comprehensive health professions resource center for
337	337	the collection and analysis of educational and employment trends
338	338	for health professions in this state.
339	339	(b) To [In conjunction with the committee formed under
340	340	Section 104.0155, to avoid duplication of effort, and to] the
341	341	extent funding is available through fees collected under Section
342	342	301.155(c), Occupations Code, the department [council] shall
343	343	establish a nursing resource section within the center for the
344	344	collection and analysis of educational and employment trends for
345	345	nurses in this state.
346	346	(c) If the nursing resource section established under
347	347	Subsection (b) is funded from surcharges collected under Section
348	348	301.155(c), Occupations Code, the department [council] shall
349	349	provide the Texas Board of Nursing with an annual accounting of the
350	350	money received from the board. The department [council] may expend
351	351	a reasonable amount of the money to pay administrative costs of
352	352	maintaining the nursing resource section.
353	353	SECTION 32. Sections 105.003(a), (b), (c), (c-1), (d), (f),
354	354	and (g), Health and Safety Code, are amended to read as follows:
355	355	(a) The department [council] shall place a high priority on
356	356	collecting and disseminating data on health professions
357	357	demonstrating an acute shortage in this state, including:
358	358	(1) data concerning nursing personnel; and
359	359	(2) data concerning the health professions in which
360	360	shortages occur in rural areas.
361	361	(b) To the extent possible, the department [council] may
362	362	collect the data from existing sources that the department
363	363	[council] determines are credible. The department [council] may
364	364	enter agreements with those sources that establish guidelines
365	365	concerning the identification, acquisition, transfer, and
366	366	confidentiality of the data.
367	367	(c) The Department of Information Resources, through
368	368	TexasOnline and in consultation with the department [council] and
369	369	the Health Professions Council, shall add and label as "mandatory"
370	370	the following fields on an application or renewal form for a
371	371	license, certificate, or registration for a person subject to
372	372	Subsection (c-2):
373	373	(1) full name and last four digits of social security
374	374	number;
375	375	(2) full mailing address; and
376	376	(3) educational background and training, including
377	377	basic health professions degree, school name and location of basic
378	378	health professions degree, and graduation year for basic health
379	379	professions degree, and, as applicable, highest professional
380	380	degree obtained, related professional school name and location, and
381	381	related graduation year.
382	382	(c-1) The Department of Information Resources, through
383	383	TexasOnline and in consultation with the department [council] and
384	384	the Health Professions Council, shall add the following fields on
385	385	an application or renewal form for a license, certificate, or
386	386	registration for a person subject to Subsection (c-2):
387	387	(1) date and place of birth;
388	388	(2) sex;
389	389	(3) race and ethnicity;
390	390	(4) location of high school;
391	391	(5) mailing address of primary practice;
392	392	(6) number of hours per week spent at primary practice
393	393	location;
394	394	(7) description of primary practice setting;
395	395	(8) primary practice information, including primary
396	396	specialty practice, practice location zip code, and county; and
397	397	(9) information regarding any additional practice,
398	398	including description of practice setting, practice location zip
399	399	code, and county.
400	400	(d) To the extent feasible, the department [council] shall
401	401	use a researcher with a doctorate in nursing to collect, analyze,
402	402	and disseminate nursing data that may be used to predict supply and
403	403	demand for nursing personnel in this state using appropriate
404	404	federal or state supply-and-demand models. The nursing data must
405	405	at least:
406	406	(1) include demographics, areas of practice, supply,
407	407	demand, and migration; and
408	408	(2) be analyzed to identify trends relating to numbers
409	409	and geographical distribution, practice setting, and area of
410	410	practice and, to the extent possible, compare those trends with
411	411	corresponding national trends.
412	412	(f) The relevant members of the Health Professions Council,
413	413	in conjunction with the Department of Information Resources, shall
414	414	ensure that the information collected under Subsections (c) and
415	415	(c-1) is transmitted to the department [statewide health
416	416	coordinating council]. The department [council] shall store the
417	417	information as needed and conduct related workforce studies,
418	418	including a determination of the geographical distribution of the
419	419	reporting professionals.
420	420	(g) The relevant members of the Health Professions Council,
421	421	in conjunction with the Department of Information Resources, shall
422	422	ensure that the following information is submitted to the
423	423	department [statewide health coordinating council] for a person
424	424	subject to Subsection (c-2):
425	425	(1) certification, registration, or license number;
426	426	(2) issuance date;
427	427	(3) method of certification, registration, or
428	428	licensure; and
429	429	(4) certification, registration, or licensure status.
430	430	SECTION 33. Section 105.004, Health and Safety Code, is
431	431	amended to read as follows:
432	432	Sec. 105.004. REPORTS. (a) The department [council] may
433	433	use the data collected and analyzed under this chapter to publish
434	434	reports regarding:
435	435	(1) the educational and employment trends for health
436	436	professions;
437	437	(2) the supply and demand of health professions; and
438	438	(3) other issues, as necessary, concerning health
439	439	professions in this state.
440	440	(b) The department [council] shall publish reports
441	441	regarding the data collected and analyzed under this chapter
442	442	related to:
443	443	(1) the educational and employment trends of nursing
444	444	professionals;
445	445	(2) the supply and demand of nursing professionals;
446	446	and
447	447	(3) other issues, as determined necessary by the
448	448	department [council], concerning nursing professionals in this
449	449	state.
450	450	SECTION 34. Section 105.007, Health and Safety Code, is
451	451	amended to read as follows:
452	452	Sec. 105.007. CLEARINGHOUSE. (a) As part of the
453	453	comprehensive health professions resource center, the department
454	454	[council] shall develop and establish a clearinghouse for health
455	455	professionals seeking collaborative practice.
456	456	(b) The department [council] may:
457	457	(1) set and collect a reasonable fee to offset the cost
458	458	of complying with this section;
459	459	(2) solicit, receive, and spend grants, gifts, and
460	460	donations from public and private sources to comply with this
461	461	section; and
462	462	(3) contract with public or private entities in the
463	463	performance of the department's [its] responsibilities under this
464	464	section.
465	465	SECTION 35. Sections 105.008(e) and (h), Health and Safety
466	466	Code, are amended to read as follows:
467	467	(e) The nursing resource section shall contract with an
468	468	independent researcher to develop the research design and conduct
469	469	the research. The independent researcher must be selected by a
470	470	selection committee composed of:
471	471	(1) [one representative elected by a majority of the
472	472	nursing advisory committee under Section 104.0155, who is the chair
473	473	of the selection committee;
474	474	[(2)] one representative designated by the Texas
475	475	Health Care Policy Council;
476	476	(2) [(3)] the presiding officer of the Texas Board of
477	477	Nursing;
478	478	(3) [(4)] one representative of the Texas Higher
479	479	Education Coordinating Board, designated by the governor;
480	480	(4) [(5)] one representative designated by the Texas
481	481	Hospital Association;
482	482	(5) [(6)] one representative designated by the Texas
483	483	Association of Business; and
484	484	(6) [(7)] one representative designated by a clinical
485	485	competency assessment program that meets the requirements of
486	486	Section 301.157(d-8), Occupations Code[; and
487	487	[(8) the nurse researcher member of the nursing
488	488	advisory committee under Section 104.0155].
489	489	(h) The executive commissioner of the Health and Human
490	490	Services Commission [nursing advisory committee formed under
491	491	Section 104.0155] shall oversee [serve as the oversight committee
492	492	for] the study.
493	493	SECTION 36. Chapter 105, Health and Safety Code, is amended
494	494	by adding Section 105.009 to read as follows:
495	495	Sec. 105.009. APPLICATION OF SUNSET ACT TO CENTER. (a) The
496	496	comprehensive health professions resource center created by
497	497	Section 105.002 is subject to review under Chapter 325, Government
498	498	Code (Texas Sunset Act), as if it were a state agency subject to
499	499	review under that chapter. If the center is not continued in
500	500	existence in accordance with that chapter, the center is abolished
501	501	and this chapter expires September 1, 2019.
502	502	(b) To the extent that Chapter 325, Government Code (Texas
503	503	Sunset Act), places a duty on a state agency subject to review under
504	504	that chapter, the department shall perform the duty as it relates to
505	505	the center.
506	506	SECTION 37. Chapter 107, Health and Safety Code, is amended
507	507	by adding Section 107.010 to read as follows:
508	508	Sec. 107.010. SUNSET PROVISION. The health disparities
509	509	task force is subject to Chapter 325, Government Code (Texas Sunset
510	510	Act). Unless continued in existence as provided by that chapter,
511	511	the task force is abolished and this chapter expires September 1,
512	512	2019.
513	513	SECTION 38. Chapter 112, Health and Safety Code, is amended
514	514	by adding Section 112.015 to read as follows:
515	515	Sec. 112.015. SUNSET PROVISION. The Border Health
516	516	Foundation is subject to Chapter 325, Government Code (Texas Sunset
517	517	Act). Unless continued in existence as provided by that chapter,
518	518	the foundation is abolished and this chapter expires September 1,
519	519	2019.
520	520	SECTION 39. Section 113.002, Health and Safety Code, is
521	521	amended to read as follows:
522	522	Sec. 113.002. SUNSET PROVISION; ABOLISHMENT. The Texas
523	523	Organ, Tissue, and Eye Donor Council is subject to Chapter 325,
524	524	Government Code (Texas Sunset Act). Unless continued in existence
525	525	as provided by that chapter, the council is abolished and this
526	526	chapter expires September 1, 2019 [2017], unless the department and
527	527	the council mutually determine that the public interest is best
528	528	served by abolition of the council and agree to abolish the council
529	529	on an earlier date.
530	530	SECTION 40. The heading to Chapter 114, Health and Safety
531	531	Code, is amended to read as follows:
532	532	CHAPTER 114. [INTERAGENCY] OBESITY COORDINATION EFFORT [COUNCIL]
533	533	SECTION 41. Section 114.001, Health and Safety Code, is
534	534	amended to read as follows:
535	535	Sec. 114.001. DEFINITION. In this chapter, "institution of
536	536	higher education" has the meaning assigned by Section 61.003,
537	537	Education Code ["council" means the interagency obesity council
538	538	created by this chapter].
539	539	SECTION 42. Section 114.005, Health and Safety Code, is
540	540	amended to read as follows:
541	541	Sec. 114.005. REVIEW OF AGENCY PROGRAMS. The institutions
542	542	of higher education that receive state money for obesity research
543	543	[council] shall jointly review the status of the programs of the
544	544	Department of Agriculture, the Department of State Health Services,
545	545	and the Texas Education Agency that promote better health and
546	546	nutrition and prevent obesity among children and adults in this
547	547	state.
548	548	SECTION 43. Sections 114.007(a) and (b), Health and Safety
549	549	Code, are amended to read as follows:
550	550	(a) Not later than January 15 of each even-numbered
551	551	[odd-numbered] year, the institutions of higher education
552	552	performing the review under Section 114.005 [the council] shall
553	553	jointly submit a report to the governor, the lieutenant governor,
554	554	and the speaker of the house of representatives on the activities of
555	555	the institutions [council] under Section [Sections] 114.005 [and
556	556	114.006] during the preceding two calendar years.
557	557	(b) A report submitted by the institutions of higher
558	558	education [council] under Subsection (a) must include the following
559	559	information regarding discussions of agency programs under Section
560	560	114.005:
561	561	(1) a list of the programs within each agency
562	562	[represented on the council] that are designed to promote better
563	563	health and nutrition;
564	564	(2) an assessment of the steps taken by each program
565	565	during the preceding two calendar years;
566	566	(3) a report of the progress made by taking these steps
567	567	in reaching each program's goals;
568	568	(4) the areas of improvement that are needed in each
569	569	program; and
570	570	(5) recommendations for future goals or legislation.
571	571	SECTION 44. Section 115.012, Health and Safety Code, as
572	572	added by Chapters 835 (S.B. 1824) and 1133 (H.B. 2196), Acts of the
573	573	81st Legislature, Regular Session, 2009, is amended to read as
574	574	follows:
575	575	Sec. 115.012. SUNSET PROVISION. The Interagency Task Force
576	576	for Children With Special Needs is subject to Chapter 325,
577	577	Government Code (Texas Sunset Act). Unless continued in existence
578	578	as provided by that chapter, the task force is abolished and this
579	579	chapter expires September 1, 2019 [2015].
580	580	SECTION 45. Section 221.005(b), Health and Safety Code, is
581	581	amended to read as follows:
582	582	(b) This chapter does not exempt a corporation or user from
583	583	compliance with Chapter [104 or] 225.
584	584	SECTION 46. Section 222.022(1), Health and Safety Code, is
585	585	amended to read as follows:
586	586	(1) "Health care facility" means a public or private
587	587	hospital, skilled nursing facility, intermediate care facility,
588	588	ambulatory surgical center, family planning clinic that performs
589	589	ambulatory surgical procedures, rural or urban health initiative
590	590	clinic, end stage renal disease facility, or inpatient
591	591	rehabilitation facility. The term does not include the office of
592	592	physicians or practitioners of the healing arts practicing
593	593	individually or in groups or [has the meaning assigned by Section
594	594	104.002, except that the term does not include] a chemical
595	595	dependency treatment facility licensed by the Department of State
596	596	Health Services [Texas Commission on Alcohol and Drug Abuse].
597	597	SECTION 47. Section 311.033(d), Health and Safety Code, is
598	598	amended to read as follows:
599	599	(d) A hospital that does not submit to the department the
600	600	data required under this section is subject to civil penalties
601	601	under Section 311.0331 [104.043].
602	602	SECTION 48. Subchapter C, Chapter 311, Health and Safety
603	603	Code, is amended by adding Section 311.0331 to read as follows:
604	604	Sec. 311.0331. FAILURE TO SUBMIT DATA; CIVIL PENALTY. (a)
605	605	If the department does not receive necessary data from a hospital as
606	606	required by Section 311.033, the department shall send to the
607	607	hospital a notice requiring the hospital to submit the data not
608	608	later than the 30th day after the date on which the hospital
609	609	receives the notice.
610	610	(b) A hospital that does not submit the data during the
611	611	period determined under Subsection (a) is subject to a civil
612	612	penalty of not more than $500 for each day after the period that
613	613	hospital fails to submit the data.
614	614	(c) At the request of the executive commissioner of the
615	615	Health and Human Services Commission, the attorney general shall
616	616	sue in the name of the state to recover the civil penalty.
617	617	SECTION 49. Section 577.016(a), Health and Safety Code, is
618	618	amended to read as follows:
619	619	(a) The department may deny, suspend, or revoke a license if
620	620	the department finds that the applicant or licensee has
621	621	substantially failed to comply with:
622	622	(1) department rules;
623	623	(2) this subtitle; or
624	624	(3) Chapter [Chapters 104 and] 225.
625	625	SECTION 50. Section 1001.071, Health and Safety Code, is
626	626	amended to read as follows:
627	627	Sec. 1001.071. GENERAL POWERS AND DUTIES OF DEPARTMENT
628	628	RELATED TO HEALTH CARE. The department is responsible for
629	629	administering human services programs regarding the public health,
630	630	including:
631	631	(1) implementing the state's public health care
632	632	delivery programs under the authority of the department;
633	633	(2) administering state health facilities, hospitals,
634	634	and health care systems;
635	635	(3) developing and providing health care services, as
636	636	directed by law;
637	637	(4) providing for the prevention and control of
638	638	communicable diseases;
639	639	(5) providing public education on health-related
640	640	matters, as directed by law;
641	641	(6) compiling, collecting, and reporting
642	642	health-related information, as directed by law;
643	643	(7) acting as the lead agency for implementation of
644	644	state policies regarding the human immunodeficiency virus and
645	645	acquired immunodeficiency syndrome and administering programs
646	646	related to the human immunodeficiency virus and acquired
647	647	immunodeficiency syndrome;
648	648	(8) investigating the causes of injuries and methods
649	649	of prevention;
650	650	(9) administering a grant program to provide
651	651	appropriated money to counties, municipalities, public health
652	652	districts, and other political subdivisions for their use to
653	653	provide or pay for essential public health services;
654	654	(10) administering the registration of vital
655	655	statistics;
656	656	(11) licensing, inspecting, and enforcing regulations
657	657	regarding health facilities, other than long-term care facilities
658	658	regulated by the Department of Aging and Disability Services;
659	659	(12) implementing established standards and
660	660	procedures for the management and control of sanitation and for
661	661	health protection measures;
662	662	(13) enforcing regulations regarding radioactive
663	663	materials;
664	664	(14) enforcing regulations regarding food, bottled
665	665	and vended drinking water, drugs, cosmetics, and health devices;
666	666	(15) enforcing regulations regarding food service
667	667	establishments, retail food stores, mobile food units, and roadside
668	668	food vendors; and
669	669	(16) enforcing regulations controlling hazardous
670	670	substances in households and workplaces.
671	671	SECTION 51. Chapter 1001, Health and Safety Code, is
672	672	amended by adding Subchapter G to read as follows:
673	673	SUBCHAPTER G. SUBMISSION AND COLLECTION OF HEALTH CARE DATA
674	674	Sec. 1001.171. DEFINITION. In this subchapter, "rural
675	675	provider" means a provider:
676	676	(1) located in a county:
677	677	(A) with a population of 35,000 or less; or
678	678	(B) with a population of more than 35,000, that
679	679	has 100 or fewer licensed hospital beds, and that is not located in
680	680	an area that is delineated as an urbanized area by the United States
681	681	Bureau of the Census; and
682	682	(2) that is not a state-owned hospital or a hospital
683	683	that is managed or owned, directly or indirectly, by an individual,
684	684	association, partnership, corporation, or other legal entity that
685	685	owns or manages one or more other hospitals.
686	686	Sec. 1001.172. DATA SUBMISSION AND COLLECTION. (a) The
687	687	department may collect and, except as provided by Subsections (c)
688	688	and (d), providers shall submit to the department or another entity
689	689	as determined by the department all data required by this section.
690	690	The data must be collected according to uniform submission formats,
691	691	coding systems, and other technical specifications necessary to
692	692	make the incoming data substantially valid, consistent,
693	693	compatible, and manageable using electronic data processing, if
694	694	available.
695	695	(b) The department shall adopt rules to implement the data
696	696	submission requirements imposed by Subsection (a) in appropriate
697	697	stages to allow for the development of efficient systems for the
698	698	collection and submission of the data. A rule adopted by the
699	699	department that requires submission of a data element that was not
700	700	required to be submitted before adoption of the rule:
701	701	(1) may not take effect before the 90th day after the
702	702	date the rule is adopted; and
703	703	(2) must take effect not later than the first
704	704	anniversary after the date the rule is adopted.
705	705	(c) A rural provider may provide the data required by this
706	706	subchapter.
707	707	(d) A hospital may provide the data required by this
708	708	subchapter if the hospital:
709	709	(1) is exempt from state franchise, sales, ad valorem,
710	710	or other state or local taxes; and
711	711	(2) does not seek or receive reimbursement for
712	712	providing health care services to patients from any source,
713	713	including:
714	714	(A) the patient or any person legally obligated
715	715	to support the patient;
716	716	(B) a third-party payor; and
717	717	(C) Medicaid, Medicare, or any other federal,
718	718	state, or local program for indigent health care.
719	719	(e) The department may not collect data from an individual
720	720	physician or from an entity that is composed entirely of physicians
721	721	and that is formed under Title 7, Business Organizations Code, or is
722	722	a professional association organized under the former Texas
723	723	Professional Association Act (Article 1528f, Vernon's Texas Civil
724	724	Statutes) or formed under the Texas Professional Association Law,
725	725	as described by Section 1.008, Business Organizations Code, a
726	726	limited liability partnership organized under former Section 3.08,
727	727	Texas Revised Partnership Act (Article 6132b-3.08, Vernon's Texas
728	728	Civil Statutes), or described by Subchapter J, Chapter 152,
729	729	Business Organizations Code, or a limited liability company
730	730	organized under the former Texas Limited Liability Company Act
731	731	(Article 1528n, Vernon's Texas Civil Statutes) or formed under the
732	732	Texas Limited Liability Company Law, as described by Section 1.008,
733	733	Business Organizations Code, except to the extent the entity owns
734	734	and operates a health care facility in this state. This subsection
735	735	does not prohibit the release of data about physicians using
736	736	uniform physician identifiers that has been collected from a health
737	737	care facility under this subchapter.
738	738	(f) The department is the single collection point for the
739	739	receipt of data from providers. The department may transfer
740	740	collection of any data required to be collected by the department
741	741	under any other law to the statewide health care data collection
742	742	system.
743	743	(g) The department may not require a provider to submit data
744	744	more frequently than quarterly. A provider may submit data more
745	745	frequently than quarterly.
746	746	(h) The department shall coordinate data collection with
747	747	the data collection formats used by federally qualified health
748	748	centers. To satisfy the requirements of this subchapter:
749	749	(1) a federally qualified health center shall submit
750	750	annually to the department a copy of the Medicaid cost report of
751	751	federally qualified health centers; and
752	752	(2) a provider receiving federal funds under 42 U.S.C.
753	753	Section 254b, 254c, or 256 shall submit annually to the department a
754	754	copy of the Bureau of Common Reporting Requirements data report
755	755	developed by the United States Public Health Service.
756	756	(i) The department shall coordinate data collection with
757	757	the data submission formats used by hospitals and other providers.
758	758	The department shall accept data in the format developed by the
759	759	National Uniform Billing Committee (Uniform Hospital Billing Form
760	760	UB 92) and HCFA-1500 or their successors or other universally
761	761	accepted standardized forms that hospitals and other providers use
762	762	for other complementary purposes.
763	763	(j) The department by rule shall develop reasonable
764	764	alternate data submission procedures for providers that do not
765	765	possess electronic data processing capacity.
766	766	(k) The department shall collect health care data elements
767	767	relating to payer type, the racial and ethnic background of
768	768	patients, and the use of health care services by consumers. The
769	769	department shall prioritize data collection efforts on inpatient
770	770	and outpatient surgical and radiological procedures from
771	771	hospitals, ambulatory surgical centers, and freestanding radiology
772	772	centers.
773	773	(l) To the extent feasible, the department shall obtain from
774	774	public records the information that is available from those
775	775	records.
776	776	(m) A provider of a health benefit plan shall annually
777	777	submit to the department aggregate data by service area required by
778	778	the Health Plan Employer Data and Information Set as operated by the
779	779	National Committee for Quality Assurance. The department may
780	780	approve the submission of data in accordance with other methods
781	781	generally used by the health benefit plan industry. If the Health
782	782	Plan Employer Data and Information Set does not generally apply to a
783	783	health benefit plan, the department shall require submission of
784	784	data in accordance with other methods. This subsection does not
785	785	relieve a health care facility that provides services under a
786	786	health benefit plan from the requirements of this subchapter.
787	787	Information submitted under this section:
788	788	(1) is subject to Section 1001.174; and
789	789	(2) is not subject to Section 1001.173.
790	790	Sec. 1001.173. COLLECTION AND DISSEMINATION OF PROVIDER
791	791	QUALITY DATA. (a) Subject to Section 1001.172, the department
792	792	shall collect data reflecting provider quality based on a
793	793	methodology and review process established through the
794	794	department's rulemaking process. The methodology shall identify
795	795	and measure quality standards and adhere to any federal mandates.
796	796	(b) The department shall study and analyze initial
797	797	methodologies for obtaining provider quality data, including
798	798	outcome data.
799	799	(c) Provider quality data for reports shall be published and
800	800	made available to the public, on a time schedule the department
801	801	considers appropriate.
802	802	(d) If the department determines that provider quality data
803	803	to be published under Subsection (c) does not provide the intended
804	804	result or is inaccurate or inappropriate for dissemination, the
805	805	department is not required to publish the data or reports based in
806	806	whole or in part on the data. This subsection does not affect the
807	807	release of public use data in accordance with Section 1001.174 or
808	808	the release of information submitted under Section 1001.172(m).
809	809	(e) The department shall adopt rules allowing a provider to
810	810	submit concise written comments regarding any specific provider
811	811	quality data to be released concerning the provider. The
812	812	department shall make the comments available to the public and in an
813	813	electronic form accessible through the Internet. The comments
814	814	shall be attached to any public release of provider quality data.
815	815	Providers shall submit the comments to the department to be
816	816	attached to the public release of provider quality data in the same
817	817	format as the provider quality data that is to be released.
818	818	(f) The methodology adopted by the department for measuring
819	819	quality shall include case-mix qualifiers, severity adjustment
820	820	factors, adjustments for medical education and research, and any
821	821	other factors necessary to accurately reflect provider quality.
822	822	(g) In addition to the requirements of this section, any
823	823	release of provider quality data shall comply with Sections
824	824	1001.174(g) and (h).
825	825	(h) A provider quality data report may not identify an
826	826	individual physician by name. A provider quality data report must
827	827	identify a physician by the uniform physician identifier designated
828	828	by the department under Section 1001.174(c).
829	829	(i) The department shall release provider quality data in an
830	830	aggregate form without uniform physician identifiers if:
831	831	(1) the data relates to a rural provider; or
832	832	(2) the cell size of the data is less than the minimum
833	833	size established by department rule that would enable
834	834	identification of an individual patient or physician.
835	835	Sec. 1001.174. DISSEMINATION OF PUBLIC USE DATA AND
836	836	DEPARTMENT PUBLICATIONS. (a) The department shall promptly
837	837	provide public use data and data collected in accordance with
838	838	Section 1001.172(m) to those requesting it. The public use data
839	839	does not include provider quality data prescribed by Section
840	840	1001.173 or confidential data prescribed by Section 1001.176.
841	841	(b) Subject to the restrictions on access to department data
842	842	prescribed by Sections 1001.173 and 1001.176, and using the public
843	843	use data and other data, records, and matters of record available to
844	844	the department, the department shall prepare and issue reports to
845	845	the governor, the legislature, and the public as provided by this
846	846	section. The department must issue the reports at least annually.
847	847	(c) Subject to the restrictions on access to department data
848	848	prescribed by Sections 1001.173 and 1001.176, the department shall
849	849	use public use data to prepare and issue reports that provide
850	850	information relating to providers, including the incidence rate of
851	851	selected medical or surgical procedures. The reports must provide
852	852	the data in a manner that identifies individual providers,
853	853	including individual physicians, and that identifies and compares
854	854	data elements for all providers. An individual physician may not be
855	855	identified by name. An individual physician shall be identified by
856	856	uniform physician identifiers. The department by rule shall
857	857	designate the characters to be used as uniform physician
858	858	identifiers.
859	859	(d) The department shall use public use data to prepare and
860	860	issue reports that provide information for review and analysis by
861	861	the commission relating to services that are provided:
862	862	(1) in a niche hospital, as that term is defined by
863	863	Section 105.002, Occupations Code; and
864	864	(2) by a physician with an ownership interest in the
865	865	niche hospital.
866	866	(e) Subsection (d) does not apply to an ownership interest
867	867	in publicly available shares of a registered investment company,
868	868	including a mutual fund, that owns publicly traded equity
869	869	securities or debt obligations issued by a niche hospital or an
870	870	entity that owns a niche hospital.
871	871	(f) The department shall adopt procedures to establish the
872	872	accuracy and consistency of the public use data before releasing
873	873	the public use data to the public.
874	874	(g) If public use data is requested from the department
875	875	about a specific provider, the department shall notify the provider
876	876	about the release of the data. A provider may not interfere with
877	877	the release of the data.
878	878	(h) A report issued by the department shall include a
879	879	reasonable review and comment period for the affected providers
880	880	before public release of the report.
881	881	(i) The department shall adopt rules allowing a provider to
882	882	submit concise written comments regarding any specific public use
883	883	data to be released concerning the provider. The department shall
884	884	make the comments available to the public and in an electronic form
885	885	accessible through the Internet. The comments shall be attached to
886	886	any public release of the public use data. A provider shall submit
887	887	the comments to the department to be attached to the public release
888	888	of public use data in the same format as the public use data that is
889	889	to be released.
890	890	(j) Electronic media containing public use data and
891	891	provider quality reports that is released to the public must
892	892	include general consumer education material, including an
893	893	explanation of the benefits and limitations of the information
894	894	provided in the public use data and provider quality reports.
895	895	(k) The department shall release public use data in an
896	896	aggregate form without uniform physician identifiers if:
897	897	(1) the data relates to a rural provider; or
898	898	(2) the cell size of the data is less than the minimum
899	899	size established by department rule that would enable
900	900	identification of an individual patient or physician.
901	901	Sec. 1001.175. COMPUTER ACCESS TO DATA. (a) The department
902	902	shall provide for computer-to-computer access to the public use
903	903	data. A report must maintain patient confidentiality as provided
904	904	by Section 1001.176.
905	905	(b) The department may charge a person requesting public use
906	906	or provider quality data a fee for the data. The fee:
907	907	(1) may reflect the quantity of information provided
908	908	and the expense incurred by the department in collecting and
909	909	providing the data; and
910	910	(2) must be set at a level that will raise revenue
911	911	sufficient for the department's operations under this subchapter.
912	912	(c) The department may not charge a fee for providing public
913	913	use data to a state agency.
914	914	Sec. 1001.176. CONFIDENTIALITY AND GENERAL ACCESS TO DATA.
915	915	(a) The department shall use data received by the department for
916	916	the benefit of the public. Subject to specific limitations
917	917	established by this subchapter and department rule, the department
918	918	shall make determinations on requests for information in favor of
919	919	access.
920	920	(b) The department by rule shall designate the characters to
921	921	be used as uniform patient identifiers. The basis for assignment of
922	922	the characters and the manner in which the characters are assigned
923	923	are confidential.
924	924	(c) Unless specifically authorized by this subchapter, the
925	925	department may not release and a person may not gain access to any
926	926	data that:
927	927	(1) could reasonably be expected to reveal the
928	928	identity of a patient;
929	929	(2) could reasonably be expected to reveal the
930	930	identity of a physician;
931	931	(3) discloses a provider discount or a differential
932	932	between payments and billed charges;
933	933	(4) relates to actual payments to an identified
934	934	provider made by a payer; or
935	935	(5) is submitted to the department in a uniform
936	936	submission format that is not included in the public use data set
937	937	established, except in accordance with Section 1001.177.
938	938	(d) All data collected and used by the department under this
939	939	subchapter is subject to the confidentiality provisions and
940	940	criminal penalties of:
941	941	(1) Section 81.103;
942	942	(2) Section 311.037; and
943	943	(3) Section 159.002, Occupations Code.
944	944	(e) Data on patients and compilations produced from the data
945	945	collected that identifies a patient is not:
946	946	(1) subject to discovery, subpoena, or any other means
947	947	of legal compulsion for release to any person or entity except as
948	948	provided by this section; or
949	949	(2) admissible in any civil, administrative, or
950	950	criminal proceeding.
951	951	(f) Data on physicians and compilations produced from the
952	952	data collected that identifies a physician is not:
953	953	(1) subject to discovery, subpoena, or any other means
954	954	of legal compulsion for release to any person or entity except as
955	955	provided by this section; or
956	956	(2) admissible in any civil, administrative, or
957	957	criminal proceeding.
958	958	(g) The department may not release data elements in a manner
959	959	that will reveal the identity of a patient or a physician.
960	960	(h) Subsections (c) and (g) do not prohibit the release of a
961	961	uniform physician identifier in conjunction with:
962	962	(1) a provider quality report in accordance with
963	963	Section 1001.173; or
964	964	(2) associated public use data in accordance with
965	965	Section 1001.174.
966	966	(i) Notwithstanding any other law, the department may not
967	967	provide information made confidential by this section to any other
968	968	agency of this state.
969	969	(j) The department by rule shall develop and implement a
970	970	mechanism to comply with Subsections (c)(1) and (2).
971	971	Sec. 1001.177. SCIENTIFIC REVIEW PANEL. (a) The
972	972	department shall establish a scientific review panel to review and
973	973	approve requests for information other than public use data.
974	974	(b) The members of the panel must have experience and
975	975	expertise in ethics, patient confidentiality, and health care data.
976	976	(c) To assist the panel in determining whether to approve a
977	977	request for information, the department shall adopt rules similar
978	978	to the guidelines on releasing data of the Health Care Financing
979	979	Administration of the United States Department of Health and Human
980	980	Services.
981	981	(d) A request for information, other than public use data,
982	982	must be made on the form created by the department.
983	983	Sec. 1001.178. CIVIL PENALTY. (a) A person who knowingly
984	984	or negligently releases data in violation of this subchapter is
985	985	liable for a civil penalty of not more than $10,000.
986	986	(b) A person who fails to supply available data under
987	987	Sections 1001.172 and 1001.173 is liable for a civil penalty of not
988	988	less than $1,000 or more than $10,000 for each violation.
989	989	(c) If requested by the department, the attorney general
990	990	shall enforce this subchapter.
991	991	(d) The venue of an action brought under this section is in
992	992	Travis County.
993	993	(e) A civil penalty recovered in a suit instituted by the
994	994	attorney general under this subchapter shall be deposited in the
995	995	general revenue fund to the credit of the health care information
996	996	account.
997	997	Sec. 1001.179. CRIMINAL PENALTY. (a) A person commits an
998	998	offense if the person:
999	999	(1) knowingly accesses data in violation of this
1000	1000	subchapter; or
1001	1001	(2) releases data, with criminal negligence, in
1002	1002	violation of this subchapter.
1003	1003	(b) An offense under this section is a state jail felony.
1004	1004	Sec. 1001.180. RULES. The executive commissioner may adopt
1005	1005	rules as necessary to implement this subchapter, including rules
1006	1006	that:
1007	1007	(1) prescribe a process for providers to submit data
1008	1008	consistent with Section 1001.172; and
1009	1009	(2) adopt and implement a methodology to collect and
1010	1010	disseminate data reflecting provider quality in accordance with
1011	1011	Section 1001.173.
1012	1012	SECTION 52. Section 56.3075(a), Education Code, is amended
1013	1013	to read as follows:
1014	1014	(a) If the money available for TEXAS grants in a period for
1015	1015	which grants are awarded is sufficient to provide grants to all
1016	1016	eligible applicants in amounts specified by Section 56.307, the
1017	1017	coordinating board may use any excess money available for TEXAS
1018	1018	grants to award a grant in an amount not more than three times the
1019	1019	amount that may be awarded under Section 56.307 to a student who:
1020	1020	(1) is enrolled in a program that fulfills the
1021	1021	educational requirements for licensure or certification by the
1022	1022	state in a health care profession that the coordinating board, in
1023	1023	consultation with the Texas Workforce Commission and the Department
1024	1024	of State Health Services [statewide health coordinating council],
1025	1025	has identified as having a critical shortage in the number of
1026	1026	license holders needed in this state;
1027	1027	(2) has completed at least one-half of the work toward
1028	1028	a degree or certificate that fulfills the educational requirement
1029	1029	for licensure or certification; and
1030	1030	(3) meets all the requirements to receive a grant
1031	1031	award under Section 56.307.
1032	1032	SECTION 53. Section 56.4075(a), Education Code, is amended
1033	1033	to read as follows:
1034	1034	(a) The coordinating board may award a grant in an amount
1035	1035	not more than three times the amount that may be awarded under
1036	1036	Section 56.407 to a student who:
1037	1037	(1) is enrolled in a program that fulfills the
1038	1038	educational requirements for licensure or certification by the
1039	1039	state in a health care profession that the coordinating board, in
1040	1040	consultation with the Texas Workforce Commission and the Department
1041	1041	of State Health Services [statewide health coordinating council],
1042	1042	has identified as having a critical shortage in the number of
1043	1043	license holders needed in this state;
1044	1044	(2) has completed at least one-half of the work toward
1045	1045	a degree or certificate that fulfills the educational requirement
1046	1046	for licensure or certification; and
1047	1047	(3) meets all the requirements to receive a grant
1048	1048	award under Section 56.407.
1049	1049	SECTION 54. Section 501.253(a), Insurance Code, is amended
1050	1050	to read as follows:
1051	1051	(a) The office is entitled to information that is
1052	1052	confidential under a law of this state, including Section 843.006
1053	1053	of this code, Subchapter G, Chapter 1001 [108], Health and Safety
1054	1054	Code, and Chapter 552, Government Code.
1055	1055	SECTION 55. Section 301.157(h), Occupations Code, is
1056	1056	amended to read as follows:
1057	1057	(h) The board, in collaboration with the nursing educators,
1058	1058	the Texas Higher Education Coordinating Board, and the Department
1059	1059	of State Health Services [Texas Health Care Policy Council], shall
1060	1060	implement, monitor, and evaluate a plan for the creation of
1061	1061	innovative nursing education models that promote increased
1062	1062	enrollment in this state's nursing programs.
1063	1063	SECTION 56. The following laws are repealed:
1064	1064	(1) Chapter 104, Health and Safety Code;
1065	1065	(2) Chapter 108, Health and Safety Code;
1066	1066	(3) Chapter 109, Health and Safety Code; and
1067	1067	(4) Sections 114.002, 114.003, 114.004, 114.006,
1068	1068	114.007(c), and 114.008, Health and Safety Code.
1069	1069	SECTION 57. On September 1, 2011:
1070	1070	(1) the statewide health coordinating council is
1071	1071	abolished;
1072	1072	(2) all property in the custody of the statewide
1073	1073	health coordinating council is transferred to the Department of
1074	1074	State Health Services; and
1075	1075	(3) all contracts, leases, rights, and obligations of
1076	1076	the statewide health coordinating council are transferred to the
1077	1077	Department of State Health Services.
1078	1078	SECTION 58. On September 1, 2011:
1079	1079	(1) the Texas Health Care Policy Council is abolished;
1080	1080	(2) all property in the custody of the Texas Health
1081	1081	Care Policy Council is transferred to the Department of State
1082	1082	Health Services; and
1083	1083	(3) all contracts, leases, rights, and obligations of
1084	1084	the Texas Health Care Policy Council are transferred to the
1085	1085	Department of State Health Services.
1086	1086	SECTION 59. On September 1, 2011:
1087	1087	(1) the Interagency Obesity Council is abolished;
1088	1088	(2) all property in the custody of the Interagency
1089	1089	Obesity Council is transferred to the Department of State Health
1090	1090	Services; and
1091	1091	(3) all contracts, leases, rights, and obligations of
1092	1092	the Interagency Obesity Council are transferred to the Department
1093	1093	of State Health Services.
1094	1094	SECTION 60. This Act takes effect September 1, 2011.