82R24691 NAJ-D
By: Kolkhorst H.B. No. 1875
Substitute the following for H.B. No. 1875:
By: Callegari C.S.H.B. No. 1875
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of certain health programs, task forces, and
councils, to the review of certain health programs, councils,
centers, and divisions under the Texas Sunset Act, and to the
transfer of certain functions to the Department of State Health
Services; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.021(b), Government Code, is amended
to read as follows:
(b) The commission shall:
(1) plan and direct the Medicaid program in each
agency that operates a portion of the Medicaid program, including
the management of the Medicaid managed care system and the
development, procurement, management, and monitoring of contracts
necessary to implement the Medicaid managed care system;
(2) adopt reasonable rules and standards governing the
determination of fees, charges, and rates for medical assistance
payments under Chapter 32, Human Resources Code, in consultation
with the agencies that operate the Medicaid program; and
(3) establish requirements for and define the scope of
the ongoing evaluation of the Medicaid managed care system
[conducted in conjunction with the Texas Health Care Information
Council under Section 108.0065, Health and Safety Code].
SECTION 2. Section 531.0214(b), Government Code, is amended
to read as follows:
(b) To minimize cost and duplication of activities, the
commission shall assist and coordinate:
(1) the efforts of the agencies that are participating
in the development of the system required by Subsection (a); and
(2) the efforts of those agencies with the efforts of
other agencies involved in a [statewide] health care data
collection system used by the Department of State Health Services
[provided for by Section 108.006, Health and Safety Code],
including avoiding duplication of expenditure of state funds for
computer hardware, staff, or services.
SECTION 3. Section 2054.0541, Government Code, is amended
to read as follows:
Sec. 2054.0541. STATEWIDE HEALTH CARE DATA COLLECTION
SYSTEM. The department shall assist [the Texas Health Care
Information Council and] the [Texas] Department of State Health
Services with planning, analyses, and management functions
relating to the procurement, use, and implementation of a
[statewide] health care data collection system used by the
Department of State Health Services [under Chapter 108, Health and
Safety Code].
SECTION 4. Chapter 35, Health and Safety Code, is amended by
adding Section 35.014 to read as follows:
Sec. 35.014. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
services program for children with special health care needs is
subject to review under Chapter 325, Government Code (Texas Sunset
Act), as if it were a state agency subject to review under that
chapter. If the program is not continued in existence in accordance
with that chapter, the program is abolished and this chapter
expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 5. Chapter 36, Health and Safety Code, is amended by
adding Section 36.015 to read as follows:
Sec. 36.015. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
screening program for special senses and communication disorders
established under this chapter is subject to review under Chapter
325, Government Code (Texas Sunset Act), as if it were a state
agency subject to review under that chapter. If the program is not
continued in existence in accordance with that chapter, the program
is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 6. Chapter 37, Health and Safety Code, is amended by
adding Section 37.007 to read as follows:
Sec. 37.007. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
program to detect abnormal spinal curvature in children established
under this chapter is subject to review under Chapter 325,
Government Code (Texas Sunset Act), as if it were a state agency
subject to review under that chapter. If the program is not
continued in existence in accordance with that chapter, the program
is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 7. Chapter 38, Health and Safety Code, is amended by
adding Section 38.003 to read as follows:
Sec. 38.003. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
program for the control and eradication of pediculosis in minors
established under this chapter is subject to review under Chapter
325, Government Code (Texas Sunset Act), as if it were a state
agency subject to review under that chapter. If the program is not
continued in existence in accordance with that chapter, the program
is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 8. Chapter 39, Health and Safety Code, is amended by
adding Section 39.007 to read as follows:
Sec. 39.007. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
children's outreach heart program is subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the program
is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 9. Chapter 40, Health and Safety Code, is amended by
adding Section 40.008 to read as follows:
Sec. 40.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
epilepsy program established under this chapter is subject to
review under Chapter 325, Government Code (Texas Sunset Act), as if
it were a state agency subject to review under that chapter. If the
program is not continued in existence in accordance with that
chapter, the program is abolished and this chapter expires
September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 10. Chapter 41, Health and Safety Code, is amended
by adding Section 41.008 to read as follows:
Sec. 41.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
hemophilia assistance program is subject to review under Chapter
325, Government Code (Texas Sunset Act), as if it were a state
agency subject to review under that chapter. If the program is not
continued in existence in accordance with that chapter, the program
is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 11. Chapter 42, Health and Safety Code, is amended
by adding Section 42.019 to read as follows:
Sec. 42.019. SUNSET PROVISION. The kidney health care
division is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the division is abolished and this chapter expires September 1,
2019.
SECTION 12. Chapter 43, Health and Safety Code, is amended
by adding Section 43.015 to read as follows:
Sec. 43.015. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
oral health improvement services program is subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the program
is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 13. Chapter 46, Health and Safety Code, is amended
by adding Section 46.008 to read as follows:
Sec. 46.008. APPLICATION OF SUNSET ACT TO SYSTEM. (a) The
system created by Section 46.002(a) is subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the system is
not continued in existence in accordance with that chapter, the
system is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the system.
SECTION 14. Chapter 47, Health and Safety Code, is amended
by adding Section 47.010 to read as follows:
Sec. 47.010. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
newborn hearing screening, tracking, and intervention program is
subject to review under Chapter 325, Government Code (Texas Sunset
Act), as if it were a state agency subject to review under that
chapter. If the program is not continued in existence in accordance
with that chapter, the program is abolished and this chapter
expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 15. Section 81.010, Health and Safety Code, is
amended by adding Subsection (l) to read as follows:
(l) The Interagency Coordinating Council for HIV and
Hepatitis is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the council is abolished and this section expires September 1,
2019.
SECTION 16. Chapter 83, Health and Safety Code, is amended
by adding Section 83.0085 to read as follows:
Sec. 83.0085. APPLICATION OF SUNSET ACT TO PROGRAM. (a)
The program created by Section 83.008 is subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the program
is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 17. Subchapter B, Chapter 85, Health and Safety
Code, is amended by adding Section 85.045 to read as follows:
Sec. 85.045. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
state grant program established under this subchapter is subject to
review under Chapter 325, Government Code (Texas Sunset Act), as if
it were a state agency subject to review under that chapter. If the
program is not continued in existence in accordance with that
chapter, the program is abolished and this subchapter expires
September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 18. Subchapter C, Chapter 85, Health and Safety
Code, is amended by adding Section 85.067 to read as follows:
Sec. 85.067. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
Texas HIV medication program is subject to review under Chapter
325, Government Code (Texas Sunset Act), as if it were a state
agency subject to review under that chapter. If the program is not
continued in existence in accordance with that chapter, the program
is abolished and this subchapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 19. Subchapter D, Chapter 85, Health and Safety
Code, is amended by adding Section 85.090 to read as follows:
Sec. 85.090. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
testing, registration, and counseling programs established under
this subchapter are subject to review under Chapter 325, Government
Code (Texas Sunset Act), as if they were a state agency subject to
review under that chapter. If the programs are not continued in
existence in accordance with that chapter, the programs are
abolished and this subchapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the programs.
SECTION 20. Subchapter A, Chapter 86, Health and Safety
Code, is amended by adding Section 86.006 to read as follows:
Sec. 86.006. SUNSET PROVISION. The advisory council is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the council is
abolished and this subchapter expires September 1, 2019.
SECTION 21. Section 86.012, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) The advisory committee is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the committee is abolished and this
section expires September 1, 2019.
SECTION 22. Section 86.103, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) The advisory council is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the council is abolished and this
section expires September 1, 2019.
SECTION 23. Chapter 90, Health and Safety Code, is amended
by adding Section 90.004 to read as follows:
Sec. 90.004. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
osteoporosis program created by Section 90.002 is subject to review
under Chapter 325, Government Code (Texas Sunset Act), as if it were
a state agency subject to review under that chapter. If the program
is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 24. Chapter 91, Health and Safety Code, is amended
by adding Section 91.004 to read as follows:
Sec. 91.004. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
program created by Section 91.002 is subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the program
is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 25. Subchapter A, Chapter 93, Health and Safety
Code, is amended by adding Section 93.015 to read as follows:
Sec. 93.015. SUNSET PROVISION. The Council on
Cardiovascular Disease and Stroke is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the council is abolished and this
chapter expires September 1, 2019.
SECTION 26. Chapter 97, Health and Safety Code, is amended
by adding Section 97.008 to read as follows:
Sec. 97.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
arthritis control and prevention program is subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the program
is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 27. Subchapter A, Chapter 98, Health and Safety
Code, as added by Chapter 359 (S.B. 288), Acts of the 80th
Legislature, Regular Session, 2007, is amended by adding Section
98.003 to read as follows:
Sec. 98.003. SUNSET PROVISION. The Advisory Panel on
Health Care-Associated Infections and Preventable Adverse Events
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
advisory panel is abolished and this chapter expires September 1,
2019.
SECTION 28. Chapter 101, Health and Safety Code, is amended
by adding Section 101.011 to read as follows:
Sec. 101.011. SUNSET PROVISION. The Texas Council on
Alzheimer's Disease and Related Disorders is subject to Chapter
325, Government Code (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the council is abolished and
this chapter expires September 1, 2019.
SECTION 29. Chapter 103, Health and Safety Code, is amended
by adding Section 103.020 to read as follows:
Sec. 103.020. SUNSET PROVISION. The Texas Diabetes Council
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
council is abolished and this chapter expires September 1, 2019.
SECTION 30. Section 105.001(2), Health and Safety Code, is
amended to read as follows:
(2) "Department" ["Council"] means the Department of
State Health Services [statewide health coordinating council].
SECTION 31. Section 105.002, Health and Safety Code, is
amended to read as follows:
Sec. 105.002. ESTABLISHMENT OF CENTER. (a) In conjunction
with the Texas Higher Education Coordinating Board and in such a way
as to avoid duplication of effort, the department [council] shall
establish a comprehensive health professions resource center for
the collection and analysis of educational and employment trends
for health professions in this state.
(b) To [In conjunction with the committee formed under
Section 104.0155, to avoid duplication of effort, and to] the
extent funding is available through fees collected under Section
301.155(c), Occupations Code, the department [council] shall
establish a nursing resource section within the center for the
collection and analysis of educational and employment trends for
nurses in this state.
(c) If the nursing resource section established under
Subsection (b) is funded from surcharges collected under Section
301.155(c), Occupations Code, the department [council] shall
provide the Texas Board of Nursing with an annual accounting of the
money received from the board. The department [council] may expend
a reasonable amount of the money to pay administrative costs of
maintaining the nursing resource section.
SECTION 32. Sections 105.003(a), (b), (c), (c-1), (d), (f),
and (g), Health and Safety Code, are amended to read as follows:
(a) The department [council] shall place a high priority on
collecting and disseminating data on health professions
demonstrating an acute shortage in this state, including:
(1) data concerning nursing personnel; and
(2) data concerning the health professions in which
shortages occur in rural areas.
(b) To the extent possible, the department [council] may
collect the data from existing sources that the department
[council] determines are credible. The department [council] may
enter agreements with those sources that establish guidelines
concerning the identification, acquisition, transfer, and
confidentiality of the data.
(c) The Department of Information Resources, through
TexasOnline and in consultation with the department [council] and
the Health Professions Council, shall add and label as "mandatory"
the following fields on an application or renewal form for a
license, certificate, or registration for a person subject to
Subsection (c-2):
(1) full name and last four digits of social security
number;
(2) full mailing address; and
(3) educational background and training, including
basic health professions degree, school name and location of basic
health professions degree, and graduation year for basic health
professions degree, and, as applicable, highest professional
degree obtained, related professional school name and location, and
related graduation year.
(c-1) The Department of Information Resources, through
TexasOnline and in consultation with the department [council] and
the Health Professions Council, shall add the following fields on
an application or renewal form for a license, certificate, or
registration for a person subject to Subsection (c-2):
(1) date and place of birth;
(2) sex;
(3) race and ethnicity;
(4) location of high school;
(5) mailing address of primary practice;
(6) number of hours per week spent at primary practice
location;
(7) description of primary practice setting;
(8) primary practice information, including primary
specialty practice, practice location zip code, and county; and
(9) information regarding any additional practice,
including description of practice setting, practice location zip
code, and county.
(d) To the extent feasible, the department [council] shall
use a researcher with a doctorate in nursing to collect, analyze,
and disseminate nursing data that may be used to predict supply and
demand for nursing personnel in this state using appropriate
federal or state supply-and-demand models. The nursing data must
at least:
(1) include demographics, areas of practice, supply,
demand, and migration; and
(2) be analyzed to identify trends relating to numbers
and geographical distribution, practice setting, and area of
practice and, to the extent possible, compare those trends with
corresponding national trends.
(f) The relevant members of the Health Professions Council,
in conjunction with the Department of Information Resources, shall
ensure that the information collected under Subsections (c) and
(c-1) is transmitted to the department [statewide health
coordinating council]. The department [council] shall store the
information as needed and conduct related workforce studies,
including a determination of the geographical distribution of the
reporting professionals.
(g) The relevant members of the Health Professions Council,
in conjunction with the Department of Information Resources, shall
ensure that the following information is submitted to the
department [statewide health coordinating council] for a person
subject to Subsection (c-2):
(1) certification, registration, or license number;
(2) issuance date;
(3) method of certification, registration, or
licensure; and
(4) certification, registration, or licensure status.
SECTION 33. Section 105.004, Health and Safety Code, is
amended to read as follows:
Sec. 105.004. REPORTS. (a) The department [council] may
use the data collected and analyzed under this chapter to publish
reports regarding:
(1) the educational and employment trends for health
professions;
(2) the supply and demand of health professions; and
(3) other issues, as necessary, concerning health
professions in this state.
(b) The department [council] shall publish reports
regarding the data collected and analyzed under this chapter
related to:
(1) the educational and employment trends of nursing
professionals;
(2) the supply and demand of nursing professionals;
and
(3) other issues, as determined necessary by the
department [council], concerning nursing professionals in this
state.
SECTION 34. Section 105.007, Health and Safety Code, is
amended to read as follows:
Sec. 105.007. CLEARINGHOUSE. (a) As part of the
comprehensive health professions resource center, the department
[council] shall develop and establish a clearinghouse for health
professionals seeking collaborative practice.
(b) The department [council] may:
(1) set and collect a reasonable fee to offset the cost
of complying with this section;
(2) solicit, receive, and spend grants, gifts, and
donations from public and private sources to comply with this
section; and
(3) contract with public or private entities in the
performance of the department's [its] responsibilities under this
section.
SECTION 35. Sections 105.008(e) and (h), Health and Safety
Code, are amended to read as follows:
(e) The nursing resource section shall contract with an
independent researcher to develop the research design and conduct
the research. The independent researcher must be selected by a
selection committee composed of:
(1) [one representative elected by a majority of the
nursing advisory committee under Section 104.0155, who is the chair
of the selection committee;
[(2)] one representative designated by the Texas
Health Care Policy Council;
(2) [(3)] the presiding officer of the Texas Board of
Nursing;
(3) [(4)] one representative of the Texas Higher
Education Coordinating Board, designated by the governor;
(4) [(5)] one representative designated by the Texas
Hospital Association;
(5) [(6)] one representative designated by the Texas
Association of Business; and
(6) [(7)] one representative designated by a clinical
competency assessment program that meets the requirements of
Section 301.157(d-8), Occupations Code[; and
[(8) the nurse researcher member of the nursing
advisory committee under Section 104.0155].
(h) The executive commissioner of the Health and Human
Services Commission [nursing advisory committee formed under
Section 104.0155] shall oversee [serve as the oversight committee
for] the study.
SECTION 36. Chapter 105, Health and Safety Code, is amended
by adding Section 105.009 to read as follows:
Sec. 105.009. APPLICATION OF SUNSET ACT TO CENTER. (a) The
comprehensive health professions resource center created by
Section 105.002 is subject to review under Chapter 325, Government
Code (Texas Sunset Act), as if it were a state agency subject to
review under that chapter. If the center is not continued in
existence in accordance with that chapter, the center is abolished
and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the center.
SECTION 37. Chapter 107, Health and Safety Code, is amended
by adding Section 107.010 to read as follows:
Sec. 107.010. SUNSET PROVISION. The health disparities
task force is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the task force is abolished and this chapter expires September 1,
2019.
SECTION 38. Chapter 112, Health and Safety Code, is amended
by adding Section 112.015 to read as follows:
Sec. 112.015. SUNSET PROVISION. The Border Health
Foundation is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the foundation is abolished and this chapter expires September 1,
2019.
SECTION 39. Section 113.002, Health and Safety Code, is
amended to read as follows:
Sec. 113.002. SUNSET PROVISION; ABOLISHMENT. The Texas
Organ, Tissue, and Eye Donor Council is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the council is abolished and this
chapter expires September 1, 2019 [2017], unless the department and
the council mutually determine that the public interest is best
served by abolition of the council and agree to abolish the council
on an earlier date.
SECTION 40. The heading to Chapter 114, Health and Safety
Code, is amended to read as follows:
CHAPTER 114. [INTERAGENCY] OBESITY COORDINATION EFFORT [COUNCIL]
SECTION 41. Section 114.001, Health and Safety Code, is
amended to read as follows:
Sec. 114.001. DEFINITION. In this chapter, "institution of
higher education" has the meaning assigned by Section 61.003,
Education Code ["council" means the interagency obesity council
created by this chapter].
SECTION 42. Section 114.005, Health and Safety Code, is
amended to read as follows:
Sec. 114.005. REVIEW OF AGENCY PROGRAMS. The institutions
of higher education that receive state money for obesity research
[council] shall jointly review the status of the programs of the
Department of Agriculture, the Department of State Health Services,
and the Texas Education Agency that promote better health and
nutrition and prevent obesity among children and adults in this
state.
SECTION 43. Sections 114.007(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) Not later than January 15 of each even-numbered
[odd-numbered] year, the institutions of higher education
performing the review under Section 114.005 [the council] shall
jointly submit a report to the governor, the lieutenant governor,
and the speaker of the house of representatives on the activities of
the institutions [council] under Section [Sections] 114.005 [and
114.006] during the preceding two calendar years.
(b) A report submitted by the institutions of higher
education [council] under Subsection (a) must include the following
information regarding discussions of agency programs under Section
114.005:
(1) a list of the programs within each agency
[represented on the council] that are designed to promote better
health and nutrition;
(2) an assessment of the steps taken by each program
during the preceding two calendar years;
(3) a report of the progress made by taking these steps
in reaching each program's goals;
(4) the areas of improvement that are needed in each
program; and
(5) recommendations for future goals or legislation.
SECTION 44. Section 115.012, Health and Safety Code, as
added by Chapters 835 (S.B. 1824) and 1133 (H.B. 2196), Acts of the
81st Legislature, Regular Session, 2009, is amended to read as
follows:
Sec. 115.012. SUNSET PROVISION. The Interagency Task Force
for Children With Special Needs is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the task force is abolished and this
chapter expires September 1, 2019 [2015].
SECTION 45. Section 221.005(b), Health and Safety Code, is
amended to read as follows:
(b) This chapter does not exempt a corporation or user from
compliance with Chapter [104 or] 225.
SECTION 46. Section 222.022(1), Health and Safety Code, is
amended to read as follows:
(1) "Health care facility" means a public or private
hospital, skilled nursing facility, intermediate care facility,
ambulatory surgical center, family planning clinic that performs
ambulatory surgical procedures, rural or urban health initiative
clinic, end stage renal disease facility, or inpatient
rehabilitation facility. The term does not include the office of
physicians or practitioners of the healing arts practicing
individually or in groups or [has the meaning assigned by Section
104.002, except that the term does not include] a chemical
dependency treatment facility licensed by the Department of State
Health Services [Texas Commission on Alcohol and Drug Abuse].
SECTION 47. Section 311.033(d), Health and Safety Code, is
amended to read as follows:
(d) A hospital that does not submit to the department the
data required under this section is subject to civil penalties
under Section 311.0331 [104.043].
SECTION 48. Subchapter C, Chapter 311, Health and Safety
Code, is amended by adding Section 311.0331 to read as follows:
Sec. 311.0331. FAILURE TO SUBMIT DATA; CIVIL PENALTY. (a)
If the department does not receive necessary data from a hospital as
required by Section 311.033, the department shall send to the
hospital a notice requiring the hospital to submit the data not
later than the 30th day after the date on which the hospital
receives the notice.
(b) A hospital that does not submit the data during the
period determined under Subsection (a) is subject to a civil
penalty of not more than $500 for each day after the period that
hospital fails to submit the data.
(c) At the request of the executive commissioner of the
Health and Human Services Commission, the attorney general shall
sue in the name of the state to recover the civil penalty.
SECTION 49. Section 577.016(a), Health and Safety Code, is
amended to read as follows:
(a) The department may deny, suspend, or revoke a license if
the department finds that the applicant or licensee has
substantially failed to comply with:
(1) department rules;
(2) this subtitle; or
(3) Chapter [Chapters 104 and] 225.
SECTION 50. Section 1001.071, Health and Safety Code, is
amended to read as follows:
Sec. 1001.071. GENERAL POWERS AND DUTIES OF DEPARTMENT
RELATED TO HEALTH CARE. The department is responsible for
administering human services programs regarding the public health,
including:
(1) implementing the state's public health care
delivery programs under the authority of the department;
(2) administering state health facilities, hospitals,
and health care systems;
(3) developing and providing health care services, as
directed by law;
(4) providing for the prevention and control of
communicable diseases;
(5) providing public education on health-related
matters, as directed by law;
(6) compiling, collecting, and reporting
health-related information, as directed by law;
(7) acting as the lead agency for implementation of
state policies regarding the human immunodeficiency virus and
acquired immunodeficiency syndrome and administering programs
related to the human immunodeficiency virus and acquired
immunodeficiency syndrome;
(8) investigating the causes of injuries and methods
of prevention;
(9) administering a grant program to provide
appropriated money to counties, municipalities, public health
districts, and other political subdivisions for their use to
provide or pay for essential public health services;
(10) administering the registration of vital
statistics;
(11) licensing, inspecting, and enforcing regulations
regarding health facilities, other than long-term care facilities
regulated by the Department of Aging and Disability Services;
(12) implementing established standards and
procedures for the management and control of sanitation and for
health protection measures;
(13) enforcing regulations regarding radioactive
materials;
(14) enforcing regulations regarding food, bottled
and vended drinking water, drugs, cosmetics, and health devices;
(15) enforcing regulations regarding food service
establishments, retail food stores, mobile food units, and roadside
food vendors; and
(16) enforcing regulations controlling hazardous
substances in households and workplaces.
SECTION 51. Chapter 1001, Health and Safety Code, is
amended by adding Subchapter G to read as follows:
SUBCHAPTER G. SUBMISSION AND COLLECTION OF HEALTH CARE DATA
Sec. 1001.171. DEFINITION. In this subchapter, "rural
provider" means a provider:
(1) located in a county:
(A) with a population of 35,000 or less; or
(B) with a population of more than 35,000, that
has 100 or fewer licensed hospital beds, and that is not located in
an area that is delineated as an urbanized area by the United States
Bureau of the Census; and
(2) that is not a state-owned hospital or a hospital
that is managed or owned, directly or indirectly, by an individual,
association, partnership, corporation, or other legal entity that
owns or manages one or more other hospitals.
Sec. 1001.172. DATA SUBMISSION AND COLLECTION. (a) The
department may collect and, except as provided by Subsections (c)
and (d), providers shall submit to the department or another entity
as determined by the department all data required by this section.
The data must be collected according to uniform submission formats,
coding systems, and other technical specifications necessary to
make the incoming data substantially valid, consistent,
compatible, and manageable using electronic data processing, if
available.
(b) The department shall adopt rules to implement the data
submission requirements imposed by Subsection (a) in appropriate
stages to allow for the development of efficient systems for the
collection and submission of the data. A rule adopted by the
department that requires submission of a data element that was not
required to be submitted before adoption of the rule:
(1) may not take effect before the 90th day after the
date the rule is adopted; and
(2) must take effect not later than the first
anniversary after the date the rule is adopted.
(c) A rural provider may provide the data required by this
subchapter.
(d) A hospital may provide the data required by this
subchapter if the hospital:
(1) is exempt from state franchise, sales, ad valorem,
or other state or local taxes; and
(2) does not seek or receive reimbursement for
providing health care services to patients from any source,
including:
(A) the patient or any person legally obligated
to support the patient;
(B) a third-party payor; and
(C) Medicaid, Medicare, or any other federal,
state, or local program for indigent health care.
(e) The department may not collect data from an individual
physician or from an entity that is composed entirely of physicians
and that is formed under Title 7, Business Organizations Code, or is
a professional association organized under the former Texas
Professional Association Act (Article 1528f, Vernon's Texas Civil
Statutes) or formed under the Texas Professional Association Law,
as described by Section 1.008, Business Organizations Code, a
limited liability partnership organized under former Section 3.08,
Texas Revised Partnership Act (Article 6132b-3.08, Vernon's Texas
Civil Statutes), or described by Subchapter J, Chapter 152,
Business Organizations Code, or a limited liability company
organized under the former Texas Limited Liability Company Act
(Article 1528n, Vernon's Texas Civil Statutes) or formed under the
Texas Limited Liability Company Law, as described by Section 1.008,
Business Organizations Code, except to the extent the entity owns
and operates a health care facility in this state. This subsection
does not prohibit the release of data about physicians using
uniform physician identifiers that has been collected from a health
care facility under this subchapter.
(f) The department is the single collection point for the
receipt of data from providers. The department may transfer
collection of any data required to be collected by the department
under any other law to the statewide health care data collection
system.
(g) The department may not require a provider to submit data
more frequently than quarterly. A provider may submit data more
frequently than quarterly.
(h) The department shall coordinate data collection with
the data collection formats used by federally qualified health
centers. To satisfy the requirements of this subchapter:
(1) a federally qualified health center shall submit
annually to the department a copy of the Medicaid cost report of
federally qualified health centers; and
(2) a provider receiving federal funds under 42 U.S.C.
Section 254b, 254c, or 256 shall submit annually to the department a
copy of the Bureau of Common Reporting Requirements data report
developed by the United States Public Health Service.
(i) The department shall coordinate data collection with
the data submission formats used by hospitals and other providers.
The department shall accept data in the format developed by the
National Uniform Billing Committee (Uniform Hospital Billing Form
UB 92) and HCFA-1500 or their successors or other universally
accepted standardized forms that hospitals and other providers use
for other complementary purposes.
(j) The department by rule shall develop reasonable
alternate data submission procedures for providers that do not
possess electronic data processing capacity.
(k) The department shall collect health care data elements
relating to payer type, the racial and ethnic background of
patients, and the use of health care services by consumers. The
department shall prioritize data collection efforts on inpatient
and outpatient surgical and radiological procedures from
hospitals, ambulatory surgical centers, and freestanding radiology
centers.
(l) To the extent feasible, the department shall obtain from
public records the information that is available from those
records.
(m) A provider of a health benefit plan shall annually
submit to the department aggregate data by service area required by
the Health Plan Employer Data and Information Set as operated by the
National Committee for Quality Assurance. The department may
approve the submission of data in accordance with other methods
generally used by the health benefit plan industry. If the Health
Plan Employer Data and Information Set does not generally apply to a
health benefit plan, the department shall require submission of
data in accordance with other methods. This subsection does not
relieve a health care facility that provides services under a
health benefit plan from the requirements of this subchapter.
Information submitted under this section:
(1) is subject to Section 1001.174; and
(2) is not subject to Section 1001.173.
Sec. 1001.173. COLLECTION AND DISSEMINATION OF PROVIDER
QUALITY DATA. (a) Subject to Section 1001.172, the department
shall collect data reflecting provider quality based on a
methodology and review process established through the
department's rulemaking process. The methodology shall identify
and measure quality standards and adhere to any federal mandates.
(b) The department shall study and analyze initial
methodologies for obtaining provider quality data, including
outcome data.
(c) Provider quality data for reports shall be published and
made available to the public, on a time schedule the department
considers appropriate.
(d) If the department determines that provider quality data
to be published under Subsection (c) does not provide the intended
result or is inaccurate or inappropriate for dissemination, the
department is not required to publish the data or reports based in
whole or in part on the data. This subsection does not affect the
release of public use data in accordance with Section 1001.174 or
the release of information submitted under Section 1001.172(m).
(e) The department shall adopt rules allowing a provider to
submit concise written comments regarding any specific provider
quality data to be released concerning the provider. The
department shall make the comments available to the public and in an
electronic form accessible through the Internet. The comments
shall be attached to any public release of provider quality data.
Providers shall submit the comments to the department to be
attached to the public release of provider quality data in the same
format as the provider quality data that is to be released.
(f) The methodology adopted by the department for measuring
quality shall include case-mix qualifiers, severity adjustment
factors, adjustments for medical education and research, and any
other factors necessary to accurately reflect provider quality.
(g) In addition to the requirements of this section, any
release of provider quality data shall comply with Sections
1001.174(g) and (h).
(h) A provider quality data report may not identify an
individual physician by name. A provider quality data report must
identify a physician by the uniform physician identifier designated
by the department under Section 1001.174(c).
(i) The department shall release provider quality data in an
aggregate form without uniform physician identifiers if:
(1) the data relates to a rural provider; or
(2) the cell size of the data is less than the minimum
size established by department rule that would enable
identification of an individual patient or physician.
Sec. 1001.174. DISSEMINATION OF PUBLIC USE DATA AND
DEPARTMENT PUBLICATIONS. (a) The department shall promptly
provide public use data and data collected in accordance with
Section 1001.172(m) to those requesting it. The public use data
does not include provider quality data prescribed by Section
1001.173 or confidential data prescribed by Section 1001.176.
(b) Subject to the restrictions on access to department data
prescribed by Sections 1001.173 and 1001.176, and using the public
use data and other data, records, and matters of record available to
the department, the department shall prepare and issue reports to
the governor, the legislature, and the public as provided by this
section. The department must issue the reports at least annually.
(c) Subject to the restrictions on access to department data
prescribed by Sections 1001.173 and 1001.176, the department shall
use public use data to prepare and issue reports that provide
information relating to providers, including the incidence rate of
selected medical or surgical procedures. The reports must provide
the data in a manner that identifies individual providers,
including individual physicians, and that identifies and compares
data elements for all providers. An individual physician may not be
identified by name. An individual physician shall be identified by
uniform physician identifiers. The department by rule shall
designate the characters to be used as uniform physician
identifiers.
(d) The department shall use public use data to prepare and
issue reports that provide information for review and analysis by
the commission relating to services that are provided:
(1) in a niche hospital, as that term is defined by
Section 105.002, Occupations Code; and
(2) by a physician with an ownership interest in the
niche hospital.
(e) Subsection (d) does not apply to an ownership interest
in publicly available shares of a registered investment company,
including a mutual fund, that owns publicly traded equity
securities or debt obligations issued by a niche hospital or an
entity that owns a niche hospital.
(f) The department shall adopt procedures to establish the
accuracy and consistency of the public use data before releasing
the public use data to the public.
(g) If public use data is requested from the department
about a specific provider, the department shall notify the provider
about the release of the data. A provider may not interfere with
the release of the data.
(h) A report issued by the department shall include a
reasonable review and comment period for the affected providers
before public release of the report.
(i) The department shall adopt rules allowing a provider to
submit concise written comments regarding any specific public use
data to be released concerning the provider. The department shall
make the comments available to the public and in an electronic form
accessible through the Internet. The comments shall be attached to
any public release of the public use data. A provider shall submit
the comments to the department to be attached to the public release
of public use data in the same format as the public use data that is
to be released.
(j) Electronic media containing public use data and
provider quality reports that is released to the public must
include general consumer education material, including an
explanation of the benefits and limitations of the information
provided in the public use data and provider quality reports.
(k) The department shall release public use data in an
aggregate form without uniform physician identifiers if:
(1) the data relates to a rural provider; or
(2) the cell size of the data is less than the minimum
size established by department rule that would enable
identification of an individual patient or physician.
Sec. 1001.175. COMPUTER ACCESS TO DATA. (a) The department
shall provide for computer-to-computer access to the public use
data. A report must maintain patient confidentiality as provided
by Section 1001.176.
(b) The department may charge a person requesting public use
or provider quality data a fee for the data. The fee:
(1) may reflect the quantity of information provided
and the expense incurred by the department in collecting and
providing the data; and
(2) must be set at a level that will raise revenue
sufficient for the department's operations under this subchapter.
(c) The department may not charge a fee for providing public
use data to a state agency.
Sec. 1001.176. CONFIDENTIALITY AND GENERAL ACCESS TO DATA.
(a) The department shall use data received by the department for
the benefit of the public. Subject to specific limitations
established by this subchapter and department rule, the department
shall make determinations on requests for information in favor of
access.
(b) The department by rule shall designate the characters to
be used as uniform patient identifiers. The basis for assignment of
the characters and the manner in which the characters are assigned
are confidential.
(c) Unless specifically authorized by this subchapter, the
department may not release and a person may not gain access to any
data that:
(1) could reasonably be expected to reveal the
identity of a patient;
(2) could reasonably be expected to reveal the
identity of a physician;
(3) discloses a provider discount or a differential
between payments and billed charges;
(4) relates to actual payments to an identified
provider made by a payer; or
(5) is submitted to the department in a uniform
submission format that is not included in the public use data set
established, except in accordance with Section 1001.177.
(d) All data collected and used by the department under this
subchapter is subject to the confidentiality provisions and
criminal penalties of:
(1) Section 81.103;
(2) Section 311.037; and
(3) Section 159.002, Occupations Code.
(e) Data on patients and compilations produced from the data
collected that identifies a patient is not:
(1) subject to discovery, subpoena, or any other means
of legal compulsion for release to any person or entity except as
provided by this section; or
(2) admissible in any civil, administrative, or
criminal proceeding.
(f) Data on physicians and compilations produced from the
data collected that identifies a physician is not:
(1) subject to discovery, subpoena, or any other means
of legal compulsion for release to any person or entity except as
provided by this section; or
(2) admissible in any civil, administrative, or
criminal proceeding.
(g) The department may not release data elements in a manner
that will reveal the identity of a patient or a physician.
(h) Subsections (c) and (g) do not prohibit the release of a
uniform physician identifier in conjunction with:
(1) a provider quality report in accordance with
Section 1001.173; or
(2) associated public use data in accordance with
Section 1001.174.
(i) Notwithstanding any other law, the department may not
provide information made confidential by this section to any other
agency of this state.
(j) The department by rule shall develop and implement a
mechanism to comply with Subsections (c)(1) and (2).
Sec. 1001.177. SCIENTIFIC REVIEW PANEL. (a) The
department shall establish a scientific review panel to review and
approve requests for information other than public use data.
(b) The members of the panel must have experience and
expertise in ethics, patient confidentiality, and health care data.
(c) To assist the panel in determining whether to approve a
request for information, the department shall adopt rules similar
to the guidelines on releasing data of the Health Care Financing
Administration of the United States Department of Health and Human
Services.
(d) A request for information, other than public use data,
must be made on the form created by the department.
Sec. 1001.178. CIVIL PENALTY. (a) A person who knowingly
or negligently releases data in violation of this subchapter is
liable for a civil penalty of not more than $10,000.
(b) A person who fails to supply available data under
Sections 1001.172 and 1001.173 is liable for a civil penalty of not
less than $1,000 or more than $10,000 for each violation.
(c) If requested by the department, the attorney general
shall enforce this subchapter.
(d) The venue of an action brought under this section is in
Travis County.
(e) A civil penalty recovered in a suit instituted by the
attorney general under this subchapter shall be deposited in the
general revenue fund to the credit of the health care information
account.
Sec. 1001.179. CRIMINAL PENALTY. (a) A person commits an
offense if the person:
(1) knowingly accesses data in violation of this
subchapter; or
(2) releases data, with criminal negligence, in
violation of this subchapter.
(b) An offense under this section is a state jail felony.
Sec. 1001.180. RULES. The executive commissioner may adopt
rules as necessary to implement this subchapter, including rules
that:
(1) prescribe a process for providers to submit data
consistent with Section 1001.172; and
(2) adopt and implement a methodology to collect and
disseminate data reflecting provider quality in accordance with
Section 1001.173.
SECTION 52. Section 56.3075(a), Education Code, is amended
to read as follows:
(a) If the money available for TEXAS grants in a period for
which grants are awarded is sufficient to provide grants to all
eligible applicants in amounts specified by Section 56.307, the
coordinating board may use any excess money available for TEXAS
grants to award a grant in an amount not more than three times the
amount that may be awarded under Section 56.307 to a student who:
(1) is enrolled in a program that fulfills the
educational requirements for licensure or certification by the
state in a health care profession that the coordinating board, in
consultation with the Texas Workforce Commission and the Department
of State Health Services [statewide health coordinating council],
has identified as having a critical shortage in the number of
license holders needed in this state;
(2) has completed at least one-half of the work toward
a degree or certificate that fulfills the educational requirement
for licensure or certification; and
(3) meets all the requirements to receive a grant
award under Section 56.307.
SECTION 53. Section 56.4075(a), Education Code, is amended
to read as follows:
(a) The coordinating board may award a grant in an amount
not more than three times the amount that may be awarded under
Section 56.407 to a student who:
(1) is enrolled in a program that fulfills the
educational requirements for licensure or certification by the
state in a health care profession that the coordinating board, in
consultation with the Texas Workforce Commission and the Department
of State Health Services [statewide health coordinating council],
has identified as having a critical shortage in the number of
license holders needed in this state;
(2) has completed at least one-half of the work toward
a degree or certificate that fulfills the educational requirement
for licensure or certification; and
(3) meets all the requirements to receive a grant
award under Section 56.407.
SECTION 54. Section 501.253(a), Insurance Code, is amended
to read as follows:
(a) The office is entitled to information that is
confidential under a law of this state, including Section 843.006
of this code, Subchapter G, Chapter 1001 [108], Health and Safety
Code, and Chapter 552, Government Code.
SECTION 55. Section 301.157(h), Occupations Code, is
amended to read as follows:
(h) The board, in collaboration with the nursing educators,
the Texas Higher Education Coordinating Board, and the Department
of State Health Services [Texas Health Care Policy Council], shall
implement, monitor, and evaluate a plan for the creation of
innovative nursing education models that promote increased
enrollment in this state's nursing programs.
SECTION 56. The following laws are repealed:
(1) Chapter 104, Health and Safety Code;
(2) Chapter 108, Health and Safety Code;
(3) Chapter 109, Health and Safety Code; and
(4) Sections 114.002, 114.003, 114.004, 114.006,
114.007(c), and 114.008, Health and Safety Code.
SECTION 57. On September 1, 2011:
(1) the statewide health coordinating council is
abolished;
(2) all property in the custody of the statewide
health coordinating council is transferred to the Department of
State Health Services; and
(3) all contracts, leases, rights, and obligations of
the statewide health coordinating council are transferred to the
Department of State Health Services.
SECTION 58. On September 1, 2011:
(1) the Texas Health Care Policy Council is abolished;
(2) all property in the custody of the Texas Health
Care Policy Council is transferred to the Department of State
Health Services; and
(3) all contracts, leases, rights, and obligations of
the Texas Health Care Policy Council are transferred to the
Department of State Health Services.
SECTION 59. On September 1, 2011:
(1) the Interagency Obesity Council is abolished;
(2) all property in the custody of the Interagency
Obesity Council is transferred to the Department of State Health
Services; and
(3) all contracts, leases, rights, and obligations of
the Interagency Obesity Council are transferred to the Department
of State Health Services.
SECTION 60. This Act takes effect September 1, 2011.