83R10236 AJZ-D
By: Duncan S.B. No. 1667
A BILL TO BE ENTITLED
AN ACT
relating to a chronic neurological disease registry; authorizing a
fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
amended by adding Chapter 82A to read as follows:
CHAPTER 82A. CHRONIC NEUROLOGICAL DISEASE REGISTRY
Sec. 82A.001. DEFINITIONS. In this chapter:
(1) "Chronic neurological disease" means multiple
sclerosis and Parkinson's disease.
(2) "Department" means the Department of State Health
Services.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
Sec. 82A.002. APPLICABILITY OF CHAPTER. This chapter
applies to records of cases of chronic neurological diseases
diagnosed on or after September 1, 2013, and to records of all
ongoing chronic neurological disease cases diagnosed on or after
January 1, 1984.
Sec. 82A.003. REGISTRY REQUIRED. The department shall
maintain a chronic neurological disease registry for the state.
Sec. 82A.004. CONTENT OF REGISTRY. (a) The chronic
neurological disease registry is a central data bank of accurate,
precise, and current information that medical authorities agree
serves as an invaluable tool in research toward cures and
treatments for chronic neurological diseases.
(b) The chronic neurological disease registry must include:
(1) a record of the cases of chronic neurological
diseases that occur in the state; and
(2) information concerning chronic neurological
disease cases as the department considers necessary and appropriate
for the recognition, cure, or control of chronic neurological
diseases.
Sec. 82A.005. DEPARTMENT POWERS; RULES. (a) To implement
this chapter, the department may:
(1) execute necessary contracts;
(2) receive the data from medical records of cases of
chronic neurological diseases that are in the custody or under the
control of neurologists to record and analyze the data directly
related to those diseases;
(3) compile and publish statistical and other studies
derived from patient data obtained under this chapter to provide,
in an accessible form, information that is useful to physicians,
other medical personnel, and the public;
(4) comply with requirements as necessary to obtain
federal funds in the maximum amounts and most advantageous
proportions possible;
(5) receive and use gifts made for the purpose of this
chapter; and
(6) limit chronic neurological disease reporting
activities under this chapter to specified geographic areas of the
state to ensure optimal use of funds available for obtaining the
data.
(b) The executive commissioner shall adopt rules as
necessary to implement this chapter.
Sec. 82A.006. REPORTS. (a) The department shall publish an
annual report to the legislature of the information obtained under
this chapter.
(b) The department, in cooperation with other chronic
neurological disease reporting organizations and research
institutions, may publish reports the department determines are
necessary or desirable to carry out the purposes of this chapter.
Sec. 82A.007. DATA FROM MEDICAL RECORDS. (a) To ensure an
accurate and continuing source of data concerning chronic
neurological diseases, each neurologist whose majority of patients
are being treated for a chronic neurological disease shall furnish
to the department or its representative, on request, data the
department considers necessary and appropriate that is derived from
each medical record pertaining to a case of a chronic neurological
disease. The department may not request data that is more than three
years old unless the department is investigating a possible chronic
neurological disease cluster.
(b) A neurologist shall furnish the data requested under
Subsection (a) in a reasonable format prescribed by the department
and within six months of the patient's admission, diagnosis, or
treatment for a chronic neurological disease, unless a different
period is prescribed by the United States Department of Health and
Human Services.
(c) The data required to be furnished under this section
must include patient identification and diagnosis.
(d) The department may access medical records that would:
(1) identify cases of chronic neurological diseases;
or
(2) establish characteristics or treatment of chronic
neurological diseases.
(e) The executive commissioner by rule shall adopt
procedures that ensure adequate notice is given to the neurologist
before the department accesses data under Subsection (d).
(f) A neurologist that knowingly or in bad faith fails to
furnish data as required by this chapter shall reimburse the
department or its authorized representative for the costs of
accessing and reporting the data. The costs reimbursed under this
subsection must be reasonable, must be based on actual costs
incurred by the department or by its authorized representative in
the collection of data under Subsection (d), and may include salary
and travel expenses. The department may assess a late fee on an
account that is 60 days or more overdue. The late fee may not exceed
one and one-half percent of the total amount due on the late account
for each month or portion of a month the account is not paid in full.
A neurologist may request that the department conduct a hearing to
determine whether reimbursement to the department under this
subsection is appropriate.
Sec. 82A.008. CONFIDENTIALITY. (a) Reports, records, and
information obtained under this chapter are confidential and are
not subject to disclosure under Chapter 552, Government Code, are
not subject to subpoena, and may not otherwise be released or made
public except as provided by this section. The reports, records,
and information obtained under this chapter are for the
confidential use of the department and the persons or public or
private entities that the department determines are necessary to
carry out the intent of this chapter.
(b) Medical or epidemiological information may be released:
(1) for statistical purposes in a manner that prevents
identification of individuals or health care practitioners;
(2) with the consent of each person identified in the
information; or
(3) to promote research of chronic neurological
diseases, including release of information to other repositories
and appropriate state and federal agencies, under rules adopted by
the executive commissioner to ensure confidentiality as required by
state and federal laws.
(c) A state employee may not testify in a civil, criminal,
special, or other proceeding as to the existence or contents of
records, reports, or information concerning an individual whose
medical records have been used in submitting data required under
this chapter unless the individual consents in advance.
(d) Data furnished to a chronic neurological disease
registry or chronic neurological disease researcher under
Subsection (b) is for the confidential use of the chronic
neurological disease researcher and is subject to Subsection (a).
Sec. 82A.009. IMMUNITY FROM LIABILITY. The following
persons subject to this chapter that act in compliance with this
chapter are not civilly or criminally liable for furnishing the
information required under this chapter:
(1) a neurologist or an employee of a neurologist; and
(2) an employee of the department.
Sec. 82A.010. EXAMINATION AND SUPERVISION NOT REQUIRED.
This chapter does not require an individual to submit to any medical
examination or supervision or to examination or supervision by the
department or its representatives.
SECTION 2. This Act takes effect September 1, 2013.