Texas 2015 - 84th Regular

Texas House Bill HB1319 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R7121 SCL-F
2	2	By: Zerwas H.B. No. 1319
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to use of health information technology in this state;
8	8	creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 4, Civil Practice and Remedies Code, is
11	11	amended by adding Chapter 74A to read as follows:
12	12	CHAPTER 74A. LIMITATION OF LIABILITY RELATING TO HEALTH
13	13	INFORMATION EXCHANGES
14	14	Sec. 74A.001. DEFINITIONS. In this chapter:
15	15	(1) "Health care provider" means any individual,
16	16	partnership, professional association, corporation, facility, or
17	17	institution duly licensed, certified, registered, or chartered by
18	18	this state to provide health care or medical care, including a
19	19	physician. The term includes:
20	20	(A) an officer, director, shareholder, member,
21	21	partner, manager, owner, or affiliate of a physician or other
22	22	health care provider; and
23	23	(B) an employee, independent contractor, or
24	24	agent of a physician or other health care provider acting in the
25	25	course and scope of the employment or contractual relationship.
26	26	(2) "Health information exchange" has the meaning
27	27	assigned by Section 182.151, Health and Safety Code. The term
28	28	includes:
29	29	(A) an officer, director, shareholder, member,
30	30	partner, manager, owner, or affiliate of the health information
31	31	exchange; and
32	32	(B) an employee, independent contractor, or
33	33	agent of the health information exchange acting in the course and
34	34	scope of the employment or contractual relationship.
35	35	(3) "Physician" means:
36	36	(A) an individual licensed to practice medicine
37	37	in this state under Subtitle B, Title 3, Occupations Code;
38	38	(B) a professional association organized by an
39	39	individual physician or a group of physicians;
40	40	(C) a partnership or limited liability
41	41	partnership formed by a group of physicians;
42	42	(D) a limited liability company formed by a group
43	43	of physicians;
44	44	(E) a nonprofit health corporation certified by
45	45	the Texas Medical Board under Chapter 162, Occupations Code; or
46	46	(F) a single legal entity authorized to practice
47	47	medicine in this state owned by a group of physicians.
48	48	Sec. 74A.002. LIMITATION ON LIABILITY OF HEALTH CARE
49	49	PROVIDERS RELATING TO HEALTH INFORMATION EXCHANGES. (a) The use
50	50	of, failure to use, or existence of a health information exchange
51	51	does not establish a standard of care applicable to a health care
52	52	provider for obtaining, using, or disclosing patient information.
53	53	(b) Unless a health care provider acts with intent or gross
54	54	negligence, the health care provider is not liable for any damages,
55	55	penalties, or other relief related to:
56	56	(1) the health care provider's or another health care
57	57	provider's obtainment of or failure to obtain patient information
58	58	from a health information exchange;
59	59	(2) the health care provider's or another health care
60	60	provider's disclosure of or failure to disclose patient information
61	61	to a health information exchange;
62	62	(3) the health care provider's or another health care
63	63	provider's reliance on inaccurate patient information obtained
64	64	from or disclosed by a health information exchange; or
65	65	(4) the obtainment, use, or disclosure by a health
66	66	information exchange, another health care provider, or any other
67	67	person, in violation of federal or state law, of any patient
68	68	information that the health care provider provided to a health
69	69	information exchange or to another health care provider in
70	70	compliance with the Health Insurance Portability and
71	71	Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and
72	72	other applicable federal and state law.
73	73	(c) Nothing in this section may be construed to create a
74	74	cause of action or to create a standard of care, obligation, or duty
75	75	that provides a basis for a cause of action.
76	76	Sec. 74A.003. LIMITATION ON LIABILITY OF HEALTH INFORMATION
77	77	EXCHANGES. (a) Unless a health information exchange acts with
78	78	intent or gross negligence, the health information exchange is not
79	79	liable for any damages, penalties, or other relief related to:
80	80	(1) a health care provider's obtainment of or failure
81	81	to obtain patient information from the health information exchange;
82	82	(2) a health care provider's disclosure of or failure
83	83	to disclose patient information to the health information exchange;
84	84	(3) a health care provider's reliance on inaccurate
85	85	patient information obtained from or disclosed by the health
86	86	information exchange; or
87	87	(4) the obtainment, use, or disclosure by a health
88	88	care provider or any other person, in violation of federal or state
89	89	law, of any patient information that was provided to the person by
90	90	the health information exchange in compliance with:
91	91	(A) the Health Insurance Portability and
92	92	Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and
93	93	other applicable federal and state law; and
94	94	(B) the health information exchange's policies.
95	95	(b) Nothing in this section may be construed to create a
96	96	cause of action or to create a standard of care, obligation, or duty
97	97	that provides a basis for a cause of action.
98	98	SECTION 2. Section 531.0162, Government Code, is amended by
99	99	adding Subsections (e) and (f) to read as follows:
100	100	(e) The executive commissioner shall ensure that:
101	101	(1) all information systems available for use by the
102	102	commission or a health and human services agency in sending
103	103	protected health information to a health care provider or receiving
104	104	protected health information from a health care provider, and for
105	105	which planning or procurement begins on or after September 1, 2015,
106	106	are capable of sending or receiving that information in accordance
107	107	with the applicable data exchange standards developed by the
108	108	appropriate standards development organization accredited by the
109	109	American National Standards Institute;
110	110	(2) if national data exchange standards do not exist
111	111	for a system described by Subdivision (1), the commission makes
112	112	every effort to ensure the system is interoperable with the
113	113	national standards for electronic health record systems; and
114	114	(3) the commission and each health and human services
115	115	agency establish an interoperability standards plan for all
116	116	information systems that exchange protected health information
117	117	with health care providers.
118	118	(f) Not later than December 1 of each even-numbered year,
119	119	the executive commissioner shall report to the governor and the
120	120	Legislative Budget Board on the commission's and the health and
121	121	human services agencies' progress in ensuring that the information
122	122	systems described in Subsection (e) are interoperable with one
123	123	another and meet the appropriate standards specified by that
124	124	subsection.
125	125	SECTION 3. Section 81.044(a), Health and Safety Code, is
126	126	amended to read as follows:
127	127	(a) The board shall prescribe the form and method of
128	128	reporting under this chapter, which may be in writing, by
129	129	telephone, by electronic data transmission, through a health
130	130	information exchange as defined by Section 182.151 if requested and
131	131	authorized by the person required to report, or by other means.
132	132	SECTION 4. Section 82.008(a), Health and Safety Code, is
133	133	amended to read as follows:
134	134	(a) To ensure an accurate and continuing source of data
135	135	concerning cancer, each health care facility, clinical laboratory,
136	136	and health care practitioner shall furnish to the department [board
137	137	or its representative], on request, data the board considers
138	138	necessary and appropriate that is derived from each medical record
139	139	pertaining to a case of cancer that is in the custody or under the
140	140	control of the health care facility, clinical laboratory, or health
141	141	care practitioner. The department may not request data that is more
142	142	than three years old unless the department is investigating a
143	143	possible cancer cluster. At the request and with the authorization
144	144	of the applicable health care facility, clinical laboratory, or
145	145	health care practitioner, data may be furnished to the department
146	146	through a health information exchange as defined by Section
147	147	182.151.
148	148	SECTION 5. Section 161.007(d), Health and Safety Code, is
149	149	amended to read as follows:
150	150	(d) A health care provider who administers an immunization
151	151	to an individual younger than 18 years of age shall provide data
152	152	elements regarding an immunization to the department. A health
153	153	care provider who administers an immunization to an individual 18
154	154	years of age or older may submit data elements regarding an
155	155	immunization to the department. At the request and with the
156	156	authorization of the health care provider, the data elements may be
157	157	provided through a health information exchange as defined by
158	158	Section 182.151. The data elements shall be submitted in a format
159	159	prescribed by the department. The department shall verify consent
160	160	before including the information in the immunization
161	161	registry. The department may not retain individually identifiable
162	162	information about an individual for whom consent cannot be
163	163	verified.
164	164	SECTION 6. Section 161.00705(a), Health and Safety Code, is
165	165	amended to read as follows:
166	166	(a) The department shall maintain a registry of persons who
167	167	receive an immunization, antiviral, and other medication
168	168	administered to prepare for a potential disaster, public health
169	169	emergency, terrorist attack, hostile military or paramilitary
170	170	action, or extraordinary law enforcement emergency or in response
171	171	to a declared disaster, public health emergency, terrorist attack,
172	172	hostile military or paramilitary action, or extraordinary law
173	173	enforcement emergency. A health care provider who administers an
174	174	immunization, antiviral, or other medication shall provide the data
175	175	elements to the department. At the request and with the
176	176	authorization of the health care provider, the data elements may be
177	177	provided through a health information exchange as defined by
178	178	Section 182.151.
179	179	SECTION 7. Section 161.00706(b), Health and Safety Code, is
180	180	amended to read as follows:
181	181	(b) A health care provider, on receipt of a request under
182	182	Subsection (a)(1), shall submit the data elements to the department
183	183	in a format prescribed by the department. At the request and with
184	184	the authorization of the health care provider, the data elements
185	185	may be submitted through a health information exchange as defined
186	186	by Section 182.151. The department shall verify the person's
187	187	request before including the information in the immunization
188	188	registry.
189	189	SECTION 8. Chapter 182, Health and Safety Code, is amended
190	190	by adding Subchapter D to read as follows:
191	191	SUBCHAPTER D. HEALTH INFORMATION EXCHANGES
192	192	Sec. 182.151. DEFINITION. In this subchapter, "health
193	193	information exchange" means an organization that:
194	194	(1) assists in the transmission or receipt of
195	195	health-related information among organizations transmitting or
196	196	receiving the information according to nationally recognized
197	197	standards and under an express written agreement with the
198	198	organizations;
199	199	(2) as a primary business function, compiles or
200	200	organizes health-related information designed to be securely
201	201	transmitted by the organization among physicians, other health care
202	202	providers, or entities within a region, state, community, or
203	203	hospital system; or
204	204	(3) assists in the transmission or receipt of
205	205	electronic health-related information among physicians, other
206	206	health care providers, or entities within:
207	207	(A) a hospital system;
208	208	(B) a physician organization;
209	209	(C) a health care collaborative, as defined by
210	210	Section 848.001, Insurance Code;
211	211	(D) a Pioneer Model accountable care
212	212	organization established under the initiative by the Centers for
213	213	Medicare and Medicaid Services Innovation Center; or
214	214	(E) an accountable care organization
215	215	participating in the Medicare Shared Savings Program under 42
216	216	U.S.C. Section 1395jjj.
217	217	Sec. 182.152. AUTHORITY OF HEALTH INFORMATION EXCHANGE.
218	218	(a) Notwithstanding Sections 81.046, 82.009, and 161.0073, a health
219	219	information exchange may access and transmit health-related
220	220	information under Sections 81.044(a), 82.008(a), 161.007(d),
221	221	161.00705(a), and 161.00706(b) if the access or transmittal is:
222	222	(1) made for the purpose of assisting in the reporting
223	223	of health-related information to the appropriate agency;
224	224	(2) requested and authorized by the appropriate health
225	225	care provider, practitioner, physician, facility, clinical
226	226	laboratory, or other person who is required to report
227	227	health-related information; and
228	228	(3) made in accordance with the requirements of this
229	229	subchapter and all other state and federal law.
230	230	(b) A health information exchange may only use and disclose
231	231	the information that it accesses or transmits under Subsection (a)
232	232	in compliance with this subchapter and all applicable state and
233	233	federal law, and may not exchange, sell, trade, or otherwise make
234	234	any prohibited use or disclosure of the information.
235	235	Sec. 182.153. COMPLIANCE WITH LAW; SECURITY. A health
236	236	information exchange that collects, transmits, disseminates,
237	237	accesses, or reports health-related information under this
238	238	subchapter shall comply with all applicable state and federal law,
239	239	including secure electronic data submission requirements.
240	240	Sec. 182.154. CRIMINAL PENALTY. (a) A person who collects,
241	241	transmits, disseminates, accesses, or reports information under
242	242	this subchapter on behalf of or as a health information exchange
243	243	commits an offense if the person, with the intent to violate this
244	244	subchapter, allows health-related information in the possession of
245	245	a health information exchange to be used or disclosed in a manner
246	246	that violates this subchapter.
247	247	(b) An offense under this section is a Class A misdemeanor.
248	248	SECTION 9. Chapter 74A, Civil Practice and Remedies Code,
249	249	as added by this Act, applies only to a cause of action that accrues
250	250	on or after the effective date of this Act. A cause of action that
251	251	accrues before the effective date of this Act is governed by the law
252	252	in effect immediately before the effective date of this Act, and
253	253	that law is continued in effect for that purpose.
254	254	SECTION 10. This Act takes effect September 1, 2015.