82R17979 ALB-D
By: King of Taylor, Schwertner, Laubenberg H.B. No. 2459
Substitute the following for H.B. No. 2459:
By: Kolkhorst C.S.H.B. No. 2459
A BILL TO BE ENTITLED
AN ACT
relating to health care information submitted to the Department of
State Health Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 108.009, Health and Safety Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(d-1) to read as follows:
(a) The council may collect, and, except as provided by
Subsections (c), [and] (d), and (d-1), providers shall submit to
the council or another entity as determined by the council, all data
required by this section. The data shall 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.
(c) A rural provider or a hospital may, but is not required
to, provide the data required by this chapter. [A hospital may, but
is not required to, provide the data required by this chapter 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; or
[(C) Medicaid, Medicare, or any other federal,
state, or local program for indigent health care.]
(d-1) A provider may elect not to participate in the data
collection program under Subsection (a). The executive
commissioner of the Health and Human Services Commission by rule
shall establish procedures for making the election authorized by
this subsection.
SECTION 2. Chapter 108, Health and Safety Code, is amended
by adding Section 108.0131 to read as follows:
Sec. 108.0131. NOTICE REQUIRED. (a) A provider who submits
data under Section 108.009 shall provide notice to the provider's
patients that:
(1) the provider submits data as required by this
chapter; and
(2) the data may be sold or distributed to third
parties.
(b) The department shall post on the department's Internet
website a list of each entity that purchases or receives data
collected under this chapter.
SECTION 3. Not later than December 31, 2011, the executive
commissioner of the Health and Human Services Commission shall
adopt rules as required by Section 108.009(d-1), Health and Safety
Code, as added by this Act, establishing procedures to allow health
care providers to make the election authorized by that subsection.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.