Texas 2011 - 82nd Regular

Texas Senate Bill SB620 Compare Versions

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1	1	By: Nelson S.B. No. 620
2	2	(Kolkhorst)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reporting of health care-associated infections and
8	8	preventable adverse events.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (c), Section 98.102, Health and
11	11	Safety Code, as added by Chapter 359 (S.B. 288), Acts of the 80th
12	12	Legislature, Regular Session, 2007, is amended to read as follows:
13	13	(c) The data reported by health care facilities to the
14	14	department must contain sufficient patient identifying information
15	15	to:
16	16	(1) avoid duplicate submission of records;
17	17	(2) allow the department to verify the accuracy and
18	18	completeness of the data reported; and
19	19	(3) for data reported under Section 98.103 [or
20	20	98.104], allow the department to risk adjust the facilities'
21	21	infection rates.
22	22	SECTION 2. Section 98.103, Health and Safety Code, as added
23	23	by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
24	24	Session, 2007, is amended by amending Subsection (b) and adding
25	25	Subsection (d-1) to read as follows:
26	26	(b) A pediatric and adolescent hospital shall report the
27	27	incidence of surgical site infections, including the causative
28	28	pathogen if the infection is laboratory-confirmed, occurring in the
29	29	following procedures to the department:
30	30	(1) cardiac procedures, excluding thoracic cardiac
31	31	procedures;
32	32	(2) ventricular [ventriculoperitoneal] shunt
33	33	procedures; and
34	34	(3) spinal surgery with instrumentation.
35	35	(d-1) The executive commissioner by rule may designate the
36	36	federal Centers for Disease Control and Prevention's National
37	37	Healthcare Safety Network, or its successor, to receive reports of
38	38	health care-associated infections from health care facilities on
39	39	behalf of the department. A health care facility must file a report
40	40	required in accordance with a designation made under this
41	41	subsection in accordance with the National Healthcare Safety
42	42	Network's definitions, methods, requirements, and procedures. A
43	43	health care facility shall authorize the department to have access
44	44	to facility-specific data contained in a report filed with the
45	45	National Healthcare Safety Network in accordance with a designation
46	46	made under this subsection.
47	47	SECTION 3. Section 98.1045, Health and Safety Code, as
48	48	added by Chapter 359 (S.B. 288), Acts of the 80th Legislature,
49	49	Regular Session, 2007, is amended by adding Subsection (c) to read
50	50	as follows:
51	51	(c) The executive commissioner by rule may designate an
52	52	agency of the United States Department of Health and Human Services
53	53	to receive reports of preventable adverse events by health care
54	54	facilities on behalf of the department. A health care facility
55	55	shall authorize the department to have access to facility-specific
56	56	data contained in a report made in accordance with a designation
57	57	made under this subsection.
58	58	SECTION 4. Section 98.105, Health and Safety Code, as added
59	59	by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
60	60	Session, 2007, is amended to read as follows:
61	61	Sec. 98.105. REPORTING SYSTEM MODIFICATIONS. Based on the
62	62	recommendations of the advisory panel, the executive commissioner
63	63	by rule may modify in accordance with this chapter the list of
64	64	procedures that are reportable under Section 98.103 [or 98.104].
65	65	The modifications must be based on changes in reporting guidelines
66	66	and in definitions established by the federal Centers for Disease
67	67	Control and Prevention.
68	68	SECTION 5. Subsections (a), (b), and (d), Section 98.106,
69	69	Health and Safety Code, as added by Chapter 359 (S.B. 288), Acts of
70	70	the 80th Legislature, Regular Session, 2007, are amended to read as
71	71	follows:
72	72	(a) The department shall compile and make available to the
73	73	public a summary, by health care facility, of:
74	74	(1) the infections reported by facilities under
75	75	Section [Sections] 98.103 [and 98.104]; and
76	76	(2) the preventable adverse events reported by
77	77	facilities under Section 98.1045.
78	78	(b) Information included in the departmental summary with
79	79	respect to infections reported by facilities under Section
80	80	[Sections] 98.103 [and 98.104] must be risk adjusted and include a
81	81	comparison of the risk-adjusted infection rates for each health
82	82	care facility in this state that is required to submit a report
83	83	under Section [Sections] 98.103 [and 98.104].
84	84	(d) The department shall publish the departmental summary
85	85	at least annually and may publish the summary more frequently as the
86	86	department considers appropriate. Data made available to the
87	87	public must include aggregate data covering a period of at least a
88	88	full calendar quarter.
89	89	SECTION 6. Section 98.108, Health and Safety Code, as added
90	90	by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
91	91	Session, 2007, is amended to read as follows:
92	92	Sec. 98.108. FREQUENCY OF REPORTING. (a) In consultation
93	93	with the advisory panel, the executive commissioner by rule shall
94	94	establish the frequency of reporting by health care facilities
95	95	required under Sections 98.103[, 98.104,] and 98.1045.
96	96	(b) Except as provided by Subsection (c), facilities
97	97	[Facilities] may not be required to report more frequently than
98	98	quarterly.
99	99	(c) The executive commissioner may adopt rules requiring
100	100	reporting more frequently than quarterly if more frequent reporting
101	101	is necessary to meet the requirements for participation in the
102	102	federal Centers for Disease Control and Prevention's National
103	103	Healthcare Safety Network.
104	104	SECTION 7. Section 98.110, Health and Safety Code, as added
105	105	by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
106	106	Session, 2007, is amended to read as follows:
107	107	Sec. 98.110. DISCLOSURE AMONG CERTAIN AGENCIES.
108	108	(a) Notwithstanding any other law, the department may disclose
109	109	information reported by health care facilities under Section
110	110	98.103[, 98.104,] or 98.1045 to other programs within the
111	111	department, to the Health and Human Services Commission, [and] to
112	112	other health and human services agencies, as defined by Section
113	113	531.001, Government Code, and to the federal Centers for Disease
114	114	Control and Prevention for public health research or analysis
115	115	purposes only, provided that the research or analysis relates to
116	116	health care-associated infections or preventable adverse events.
117	117	The privilege and confidentiality provisions contained in this
118	118	chapter apply to such disclosures.
119	119	(b) If the executive commissioner designates an agency of
120	120	the United States Department of Health and Human Services to
121	121	receive reports of health care-associated infections or
122	122	preventable adverse events, that agency may use the information
123	123	submitted for purposes allowed by federal law.
124	124	SECTION 8. Section 98.104, Health and Safety Code, as added
125	125	by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
126	126	Session, 2007, is repealed.
127	127	SECTION 9. This Act takes effect immediately if it receives
128	128	a vote of two-thirds of all the members elected to each house, as
129	129	provided by Section 39, Article III, Texas Constitution. If this
130	130	Act does not receive the vote necessary for immediate effect, this
131	131	Act takes effect September 1, 2011.