By: Nelson S.B. No. 620
(Kolkhorst)
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of health care-associated infections and
preventable adverse events.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (c), Section 98.102, Health and
Safety Code, as added by Chapter 359 (S.B. 288), Acts of the 80th
Legislature, Regular Session, 2007, is amended to read as follows:
(c) The data reported by health care facilities to the
department must contain sufficient patient identifying information
to:
(1) avoid duplicate submission of records;
(2) allow the department to verify the accuracy and
completeness of the data reported; and
(3) for data reported under Section 98.103 [or
98.104], allow the department to risk adjust the facilities'
infection rates.
SECTION 2. Section 98.103, Health and Safety Code, as added
by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
Session, 2007, is amended by amending Subsection (b) and adding
Subsection (d-1) to read as follows:
(b) A pediatric and adolescent hospital shall report the
incidence of surgical site infections, including the causative
pathogen if the infection is laboratory-confirmed, occurring in the
following procedures to the department:
(1) cardiac procedures, excluding thoracic cardiac
procedures;
(2) ventricular [ventriculoperitoneal] shunt
procedures; and
(3) spinal surgery with instrumentation.
(d-1) The executive commissioner by rule may designate the
federal Centers for Disease Control and Prevention's National
Healthcare Safety Network, or its successor, to receive reports of
health care-associated infections from health care facilities on
behalf of the department. A health care facility must file a report
required in accordance with a designation made under this
subsection in accordance with the National Healthcare Safety
Network's definitions, methods, requirements, and procedures. A
health care facility shall authorize the department to have access
to facility-specific data contained in a report filed with the
National Healthcare Safety Network in accordance with a designation
made under this subsection.
SECTION 3. Section 98.1045, Health and Safety Code, as
added by Chapter 359 (S.B. 288), Acts of the 80th Legislature,
Regular Session, 2007, is amended by adding Subsection (c) to read
as follows:
(c) The executive commissioner by rule may designate an
agency of the United States Department of Health and Human Services
to receive reports of preventable adverse events by health care
facilities on behalf of the department. A health care facility
shall authorize the department to have access to facility-specific
data contained in a report made in accordance with a designation
made under this subsection.
SECTION 4. Section 98.105, Health and Safety Code, as added
by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
Sec. 98.105. REPORTING SYSTEM MODIFICATIONS. Based on the
recommendations of the advisory panel, the executive commissioner
by rule may modify in accordance with this chapter the list of
procedures that are reportable under Section 98.103 [or 98.104].
The modifications must be based on changes in reporting guidelines
and in definitions established by the federal Centers for Disease
Control and Prevention.
SECTION 5. Subsections (a), (b), and (d), Section 98.106,
Health and Safety Code, as added by Chapter 359 (S.B. 288), Acts of
the 80th Legislature, Regular Session, 2007, are amended to read as
follows:
(a) The department shall compile and make available to the
public a summary, by health care facility, of:
(1) the infections reported by facilities under
Section [Sections] 98.103 [and 98.104]; and
(2) the preventable adverse events reported by
facilities under Section 98.1045.
(b) Information included in the departmental summary with
respect to infections reported by facilities under Section
[Sections] 98.103 [and 98.104] must be risk adjusted and include a
comparison of the risk-adjusted infection rates for each health
care facility in this state that is required to submit a report
under Section [Sections] 98.103 [and 98.104].
(d) The department shall publish the departmental summary
at least annually and may publish the summary more frequently as the
department considers appropriate. Data made available to the
public must include aggregate data covering a period of at least a
full calendar quarter.
SECTION 6. Section 98.108, Health and Safety Code, as added
by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
Sec. 98.108. FREQUENCY OF REPORTING. (a) In consultation
with the advisory panel, the executive commissioner by rule shall
establish the frequency of reporting by health care facilities
required under Sections 98.103[, 98.104,] and 98.1045.
(b) Except as provided by Subsection (c), facilities
[Facilities] may not be required to report more frequently than
quarterly.
(c) The executive commissioner may adopt rules requiring
reporting more frequently than quarterly if more frequent reporting
is necessary to meet the requirements for participation in the
federal Centers for Disease Control and Prevention's National
Healthcare Safety Network.
SECTION 7. Section 98.110, Health and Safety Code, as added
by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
Sec. 98.110. DISCLOSURE AMONG CERTAIN AGENCIES.
(a) Notwithstanding any other law, the department may disclose
information reported by health care facilities under Section
98.103[, 98.104,] or 98.1045 to other programs within the
department, to the Health and Human Services Commission, [and] to
other health and human services agencies, as defined by Section
531.001, Government Code, and to the federal Centers for Disease
Control and Prevention for public health research or analysis
purposes only, provided that the research or analysis relates to
health care-associated infections or preventable adverse events.
The privilege and confidentiality provisions contained in this
chapter apply to such disclosures.
(b) If the executive commissioner designates an agency of
the United States Department of Health and Human Services to
receive reports of health care-associated infections or
preventable adverse events, that agency may use the information
submitted for purposes allowed by federal law.
SECTION 8. Section 98.104, Health and Safety Code, as added
by Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
Session, 2007, is repealed.
SECTION 9. 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.