Texas 2011 - 82nd Regular

Texas House Bill HB2459 Compare Versions

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Old	New	Differences
1	1	82R17979 ALB-D
2	2	By: King of Taylor, Schwertner, Laubenberg H.B. No. 2459
3	3	Substitute the following for H.B. No. 2459:
4	4	By: Kolkhorst C.S.H.B. No. 2459
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to health care information submitted to the Department of
10	10	State Health Services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 108.009, Health and Safety Code, is
13	13	amended by amending Subsections (a) and (c) and adding Subsection
14	14	(d-1) to read as follows:
15	15	(a) The council may collect, and, except as provided by
16	16	Subsections (c), [and] (d), and (d-1), providers shall submit to
17	17	the council or another entity as determined by the council, all data
18	18	required by this section. The data shall be collected according to
19	19	uniform submission formats, coding systems, and other technical
20	20	specifications necessary to make the incoming data substantially
21	21	valid, consistent, compatible, and manageable using electronic
22	22	data processing, if available.
23	23	(c) A rural provider or a hospital may, but is not required
24	24	to, provide the data required by this chapter. [A hospital may, but
25	25	is not required to, provide the data required by this chapter if the
26	26	hospital:
27	27	[(1) is exempt from state franchise, sales, ad
28	28	valorem, or other state or local taxes; and
29	29	[(2) does not seek or receive reimbursement for
30	30	providing health care services to patients from any source,
31	31	including:
32	32	[(A) the patient or any person legally obligated
33	33	to support the patient;
34	34	[(B) a third-party payor; or
35	35	[(C) Medicaid, Medicare, or any other federal,
36	36	state, or local program for indigent health care.]
37	37	(d-1) A provider may elect not to participate in the data
38	38	collection program under Subsection (a). The executive
39	39	commissioner of the Health and Human Services Commission by rule
40	40	shall establish procedures for making the election authorized by
41	41	this subsection.
42	42	SECTION 2. Chapter 108, Health and Safety Code, is amended
43	43	by adding Section 108.0131 to read as follows:
44	44	Sec. 108.0131. NOTICE REQUIRED. (a) A provider who submits
45	45	data under Section 108.009 shall provide notice to the provider's
46	46	patients that:
47	47	(1) the provider submits data as required by this
48	48	chapter; and
49	49	(2) the data may be sold or distributed to third
50	50	parties.
51	51	(b) The department shall post on the department's Internet
52	52	website a list of each entity that purchases or receives data
53	53	collected under this chapter.
54	54	SECTION 3. Not later than December 31, 2011, the executive
55	55	commissioner of the Health and Human Services Commission shall
56	56	adopt rules as required by Section 108.009(d-1), Health and Safety
57	57	Code, as added by this Act, establishing procedures to allow health
58	58	care providers to make the election authorized by that subsection.
59	59	SECTION 4. This Act takes effect immediately if it receives
60	60	a vote of two-thirds of all the members elected to each house, as
61	61	provided by Section 39, Article III, Texas Constitution. If this
62	62	Act does not receive the vote necessary for immediate effect, this
63	63	Act takes effect September 1, 2011.