84R5764 AJZ-D
By: Raymond H.B. No. 1680
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Health
Services Authority as a quasi-governmental entity and the
electronic exchange of health care information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.904, Government Code, is amended by
amending Subsections (c) and (g) and adding Subsection (c-1) to
read as follows:
(c) The advisory committee must include the following
members:
(1) Medicaid providers;
(2) child health plan program providers;
(3) fee-for-service providers;
(4) [at least one representative of the Texas Health
Services Authority established under Chapter 182, Health and Safety
Code;
[(5)] at least one representative of each health and
human services agency;
(5) [(6)] at least one representative of a major
provider association;
(6) [(7)] at least one representative of a health care
facility;
(7) [(8)] at least one representative of a managed
care organization;
(8) [(9)] at least one representative of the
pharmaceutical industry;
(9) [(10)] at least one representative of Medicaid
recipients and child health plan enrollees;
(10) [(11)] at least one representative of a local or
regional health information exchange; and
(11) [(12)] at least one representative who is skilled
in pediatric medical informatics.
(c-1) Notwithstanding Subsection (c), the advisory
committee must include at least one representative of the Texas
Health Services Authority established under Chapter 182, Health and
Safety Code. This subsection expires September 1, 2021.
(g) The advisory committee shall collaborate with the Texas
Health Services Authority to ensure that the health information
exchange system is interoperable with, and not an impediment to,
the electronic health information infrastructure that the
authority assists in developing. This subsection expires September
1, 2021.
SECTION 2. Section 181.206, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) The commission, in coordination with the attorney
general [, the Texas Health Services Authority,] and the Texas
Department of Insurance:
(1) may request that the United States secretary of
health and human services conduct an audit of a covered entity, as
that term is defined by 45 C.F.R. Section 160.103, in this state to
determine compliance with the Health Insurance Portability and
Accountability Act and Privacy Standards; and
(2) shall periodically monitor and review the results
of audits of covered entities in this state conducted by the United
States secretary of health and human services.
(a-1) Notwithstanding Subsection (a), the commission shall
also coordinate with the Texas Health Services Authority when
requesting an audit or monitoring and reviewing the results of an
audit under Subsection (a). This subsection expires September 1,
2021.
SECTION 3. Section 181.207, Health and Safety Code, is
amended to read as follows:
Sec. 181.207. FUNDING. (a) The commission and the Texas
Department of Insurance[, in consultation with the Texas Health
Services Authority,] shall apply for and actively pursue available
federal funding for enforcement of this chapter.
(b) Notwithstanding Subsection (a), the commission and the
Texas Department of Insurance shall consult with the Texas Health
Services Authority when applying for or pursuing federal funding
under Subsection (a). This subsection expires September 1, 2021.
SECTION 4. The heading to Chapter 182, Health and Safety
Code, is amended to read as follows:
CHAPTER 182. ELECTRONIC EXCHANGE OF HEALTH INFORMATION [TEXAS
HEALTH SERVICES AUTHORITY]
SECTION 5. Subchapter A, Chapter 182, Health and Safety
Code, is amended by adding Section 182.003 to read as follows:
Sec. 182.003. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2021.
SECTION 6. Section 182.052, Health and Safety Code, is
amended to read as follows:
Sec. 182.052. EXPIRATION OF SUBCHAPTER [APPLICATION OF
SUNSET ACT]. This subchapter [The corporation is subject to
Chapter 325, Government Code. Unless continued in existence as
provided by that chapter, the corporation is abolished and this
chapter] expires September 1, 2021 [2015. The governor may order
the dissolution of the corporation at any time the governor
declares that the purposes of the corporation have been fulfilled
or that the corporation is inoperative or abandoned].
SECTION 7. Section 182.053, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(b-1) and (h) to read as follows:
(a) The corporation is governed by a board of 12 [11]
directors appointed by the governor, with the advice and consent of
the senate.
(b) The governor shall also appoint at least two ex officio,
nonvoting members representing the health and human services
agencies as state agency data resources [Department of State Health
Services].
(b-1) The governor shall appoint as a voting board member
one individual who represents Texas local health information
exchanges.
(h) In this section, "health and human services agencies"
includes the:
(1) department;
(2) Department of Aging and Disability Services;
(3) Department of Assistive and Rehabilitative
Services;
(4) Department of Family and Protective Services; and
(5) Health and Human Services Commission.
SECTION 8. Section 182.101, Health and Safety Code, is
amended to read as follows:
Sec. 182.101. GENERAL POWERS AND DUTIES. (a) The
corporation may:
(1) establish statewide health information exchange
capabilities, including capabilities for electronic laboratory
results, diagnostic studies, and medication history delivery, and,
where applicable, promote definitions and standards for electronic
interactions statewide;
(2) seek funding to:
(A) implement, promote, and facilitate the
voluntary exchange of secure electronic health information between
and among individuals and entities that are providing or paying for
health care services or procedures; and
(B) create incentives to implement, promote, and
facilitate the voluntary exchange of secure electronic health
information between and among individuals and entities that are
providing or paying for health care services or procedures;
(3) establish statewide health information exchange
capabilities for streamlining health care administrative functions
including:
(A) communicating point of care services,
including laboratory results, diagnostic imaging, and prescription
histories;
(B) communicating patient identification and
emergency room required information in conformity with state and
federal privacy laws;
(C) real-time communication of enrollee status
in relation to health plan coverage, including enrollee
cost-sharing responsibilities; and
(D) current census and status of health plan
contracted providers;
(4) support regional health information exchange
initiatives by:
(A) identifying data and messaging standards for
health information exchange;
(B) administering programs providing financial
incentives, including grants and loans for the creation and support
of regional health information networks, subject to available
funds;
(C) providing technical expertise where
appropriate;
(D) sharing intellectual property developed
under Section 182.105;
(E) waiving the corporation's fees associated
with intellectual property, data, expertise, and other services or
materials provided to regional health information exchanges
operated on a nonprofit basis; and
(F) applying operational and technical standards
developed by the corporation to existing health information
exchanges only on a voluntary basis, except for standards related
to ensuring effective privacy and security of individually
identifiable health information;
(5) identify standards for streamlining health care
administrative functions across payors and providers, including
electronic patient registration, communication of enrollment in
health plans, and information at the point of care regarding
services covered by health plans; and
(6) support the secure, electronic exchange of health
information through other strategies identified by the board.
(b) This section expires September 1, 2021.
SECTION 9. Section 182.102, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) This section expires September 1, 2021.
SECTION 10. Section 182.103, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) This section expires September 1, 2021.
SECTION 11. Section 182.104, Health and Safety Code, is
amended to read as follows:
Sec. 182.104. SECURITY COMPLIANCE. (a) The corporation
shall:
(1) establish appropriate security standards to
protect both the transmission and the receipt of individually
identifiable health information or health care data;
(2) establish appropriate security standards to
protect access to any individually identifiable health information
or health care data collected, assembled, or maintained by the
corporation;
(3) establish the highest levels of security and
protection for access to and control of individually identifiable
health information, including mental health care data and data
relating to specific disease status, that is governed by more
stringent state or federal privacy laws; and
(4) establish policies and procedures for the
corporation for taking disciplinary actions against a board member,
employee, or other person with access to individually identifiable
health care information that violates state or federal privacy laws
related to health care information or data maintained by the
corporation.
(b) This section expires September 1, 2021.
SECTION 12. Section 182.105, Health and Safety Code, is
amended to read as follows:
Sec. 182.105. INTELLECTUAL PROPERTY. (a) The corporation
shall take commercially reasonable measures to protect its
intellectual property, including obtaining patents, trademarks,
and copyrights where appropriate.
(b) This section expires September 1, 2021.
SECTION 13. Section 182.106, Health and Safety Code, is
amended to read as follows:
Sec. 182.106. ANNUAL REPORT. (a) The corporation shall
submit an annual report to the governor, the lieutenant governor,
the speaker of the house of representatives, and the appropriate
oversight committee in the senate and the house of
representatives. The annual report must include financial
information and a progress update on the corporation's efforts to
carry out its mission.
(b) This section expires September 1, 2021.
SECTION 14. Section 182.107, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) This section expires September 1, 2021.
SECTION 15. Section 182.108, Health and Safety Code, is
amended by adding Subsections (f), (g), (h), (i), (j), (k), and (l)
to read as follows:
(f) Subsections (a)-(e) and this subsection expire
September 1, 2021.
(g) The privacy and security standards for the electronic
sharing of protected health information adopted under this section
and in effect on September 1, 2021, continue until amended by rule
by the Health and Human Services Commission.
(h) In amending standards under Subsection (g), the Health
and Human Services Commission may seek the assistance of a private
nonprofit organization with relevant knowledge and experience in
establishing statewide health information exchange capabilities.
(i) Standards amended under Subsection (g) must be designed
to:
(1) comply with the Health Insurance Portability and
Accountability Act and Privacy Standards and Chapter 181;
(2) comply with any other state and federal law
relating to the security and confidentiality of information
electronically maintained or disclosed by a covered entity;
(3) ensure the secure maintenance and disclosure of
individually identifiable health information;
(4) include strategies and procedures for disclosing
individually identifiable health information; and
(5) support a level of system interoperability with
existing health record databases in this state that is consistent
with emerging standards.
(j) The Health and Human Services Commission shall
designate a private nonprofit organization with relevant knowledge
and experience in establishing statewide health information
exchange capabilities to establish a process by which a covered
entity may apply for certification by the Health and Human Services
Commission of a covered entity's past compliance with standards
adopted under this section. If a private nonprofit organization
with relevant knowledge and experience in establishing statewide
health information exchange capabilities does not exist, the Health
and Human Services Commission shall either:
(1) establish the process described by this
subsection; or
(2) designate another entity with relevant knowledge
to establish the process described by this subsection.
(k) The Health and Human Services Commission shall publish
the standards adopted under this section on the commission's
Internet website.
(l) In this section:
(1) "Covered entity" has the meaning assigned by
Section 181.001.
(2) "Disclose" has the meaning assigned by Section
181.001.
(3) "Health Insurance Portability and Accountability
Act and Privacy Standards" has the meaning assigned by Section
181.001.
(4) "Individually identifiable health information"
means individually identifiable health information as that term is
defined by the privacy rule of the Health Insurance Portability and
Accountability Act and Privacy Standards.
(5) "Protected health information" means protected
health information as that term is defined by the privacy rule of
the Health Insurance Portability and Accountability Act and Privacy
Standards.
SECTION 16. This Act takes effect September 1, 2015.