Texas 2015 - 84th Regular

Texas House Bill HB1680 Compare Versions

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Version 2 (New)

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1	1	84R12571 AJZ-D
2	2	By: Raymond, Burkett, Price H.B. No. 1680
3	3	Substitute the following for H.B. No. 1680:
4	4	By: Raymond C.S.H.B. No. 1680
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the continuation and functions of the Texas Health
10	10	Services Authority as a quasi-governmental entity and the
11	11	electronic exchange of health care information.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 531.904, Government Code, is amended by
14	14	amending Subsections (c) and (g) and adding Subsections (c-1) and
15	15	(c-2) to read as follows:
16	16	(c) The advisory committee must include the following
17	17	members:
18	18	(1) Medicaid providers;
19	19	(2) child health plan program providers;
20	20	(3) fee-for-service providers;
21	21	(4) [at least one representative of the Texas Health
22	22	Services Authority established under Chapter 182, Health and Safety
23	23	Code;
24	24	[(5)] at least one representative of each health and
25	25	human services agency;
26	26	(5) [(6)] at least one representative of a major
27	27	provider association;
28	28	(6) [(7)] at least one representative of a health care
29	29	facility;
30	30	(7) [(8)] at least one representative of a managed
31	31	care organization;
32	32	(8) [(9)] at least one representative of the
33	33	pharmaceutical industry;
34	34	(9) [(10)] at least one representative of Medicaid
35	35	recipients and child health plan enrollees;
36	36	(10) [(11)] at least one representative of a local or
37	37	regional health information exchange; and
38	38	(11) [(12)] at least one representative who is skilled
39	39	in pediatric medical informatics.
40	40	(c-1) Notwithstanding Subsection (c), the advisory
41	41	committee must include at least one representative of the Texas
42	42	Health Services Authority established under Chapter 182, Health and
43	43	Safety Code. This subsection expires September 1, 2021.
44	44	(c-2) Notwithstanding Subsection (c), on and after
45	45	September 1, 2021, the advisory committee must include at least one
46	46	representative of the private nonprofit organization with relevant
47	47	knowledge and experience in establishing statewide health
48	48	information exchange capabilities designated under Section
49	49	182.108(j), Health and Safety Code.
50	50	(g) The advisory committee shall collaborate with the Texas
51	51	Health Services Authority to ensure that the health information
52	52	exchange system is interoperable with, and not an impediment to,
53	53	the electronic health information infrastructure that the
54	54	authority assists in developing. This subsection expires September
55	55	1, 2021.
56	56	SECTION 2. Section 181.206, Health and Safety Code, is
57	57	amended by amending Subsection (a) and adding Subsection (a-1) to
58	58	read as follows:
59	59	(a) The commission, in coordination with the attorney
60	60	general [, the Texas Health Services Authority,] and the Texas
61	61	Department of Insurance:
62	62	(1) may request that the United States secretary of
63	63	health and human services conduct an audit of a covered entity, as
64	64	that term is defined by 45 C.F.R. Section 160.103, in this state to
65	65	determine compliance with the Health Insurance Portability and
66	66	Accountability Act and Privacy Standards; and
67	67	(2) shall periodically monitor and review the results
68	68	of audits of covered entities in this state conducted by the United
69	69	States secretary of health and human services.
70	70	(a-1) Notwithstanding Subsection (a), the commission shall
71	71	also coordinate with the Texas Health Services Authority when
72	72	requesting an audit or monitoring and reviewing the results of an
73	73	audit under Subsection (a). This subsection expires September 1,
74	74	2021.
75	75	SECTION 3. Section 181.207, Health and Safety Code, is
76	76	amended to read as follows:
77	77	Sec. 181.207. FUNDING. (a) The commission and the Texas
78	78	Department of Insurance[, in consultation with the Texas Health
79	79	Services Authority,] shall apply for and actively pursue available
80	80	federal funding for enforcement of this chapter.
81	81	(b) Notwithstanding Subsection (a), the commission and the
82	82	Texas Department of Insurance shall consult with the Texas Health
83	83	Services Authority when applying for or pursuing federal funding
84	84	under Subsection (a). This subsection expires September 1, 2021.
85	85	SECTION 4. The heading to Chapter 182, Health and Safety
86	86	Code, is amended to read as follows:
87	87	CHAPTER 182. ELECTRONIC EXCHANGE OF HEALTH INFORMATION [TEXAS
88	88	HEALTH SERVICES AUTHORITY]
89	89	SECTION 5. Subchapter A, Chapter 182, Health and Safety
90	90	Code, is amended by adding Section 182.003 to read as follows:
91	91	Sec. 182.003. EXPIRATION OF SUBCHAPTER. This subchapter
92	92	expires September 1, 2021.
93	93	SECTION 6. Section 182.052, Health and Safety Code, is
94	94	amended to read as follows:
95	95	Sec. 182.052. EXPIRATION OF SUBCHAPTER [APPLICATION OF
96	96	SUNSET ACT]. This subchapter [The corporation is subject to
97	97	Chapter 325, Government Code. Unless continued in existence as
98	98	provided by that chapter, the corporation is abolished and this
99	99	chapter] expires September 1, 2021 [2015. The governor may order
100	100	the dissolution of the corporation at any time the governor
101	101	declares that the purposes of the corporation have been fulfilled
102	102	or that the corporation is inoperative or abandoned].
103	103	SECTION 7. Section 182.053, Health and Safety Code, is
104	104	amended by amending Subsections (a) and (b) and adding Subsections
105	105	(b-1) and (h) to read as follows:
106	106	(a) The corporation is governed by a board of 12 [11]
107	107	directors appointed by the governor, with the advice and consent of
108	108	the senate.
109	109	(b) The governor shall also appoint at least two ex officio,
110	110	nonvoting members representing the health and human services
111	111	agencies as state agency data resources [Department of State Health
112	112	Services].
113	113	(b-1) The governor shall appoint as a voting board member
114	114	one individual who represents Texas local health information
115	115	exchanges.
116	116	(h) In this section, "health and human services agencies"
117	117	includes the:
118	118	(1) department;
119	119	(2) Department of Aging and Disability Services;
120	120	(3) Department of Assistive and Rehabilitative
121	121	Services;
122	122	(4) Department of Family and Protective Services; and
123	123	(5) Health and Human Services Commission.
124	124	SECTION 8. Section 182.101, Health and Safety Code, is
125	125	amended to read as follows:
126	126	Sec. 182.101. GENERAL POWERS AND DUTIES. (a) The
127	127	corporation may:
128	128	(1) establish statewide health information exchange
129	129	capabilities, including capabilities for electronic laboratory
130	130	results, diagnostic studies, and medication history delivery, and,
131	131	where applicable, promote definitions and standards for electronic
132	132	interactions statewide;
133	133	(2) seek funding to:
134	134	(A) implement, promote, and facilitate the
135	135	voluntary exchange of secure electronic health information between
136	136	and among individuals and entities that are providing or paying for
137	137	health care services or procedures; and
138	138	(B) create incentives to implement, promote, and
139	139	facilitate the voluntary exchange of secure electronic health
140	140	information between and among individuals and entities that are
141	141	providing or paying for health care services or procedures;
142	142	(3) establish statewide health information exchange
143	143	capabilities for streamlining health care administrative functions
144	144	including:
145	145	(A) communicating point of care services,
146	146	including laboratory results, diagnostic imaging, and prescription
147	147	histories;
148	148	(B) communicating patient identification and
149	149	emergency room required information in conformity with state and
150	150	federal privacy laws;
151	151	(C) real-time communication of enrollee status
152	152	in relation to health plan coverage, including enrollee
153	153	cost-sharing responsibilities; and
154	154	(D) current census and status of health plan
155	155	contracted providers;
156	156	(4) support regional health information exchange
157	157	initiatives by:
158	158	(A) identifying data and messaging standards for
159	159	health information exchange;
160	160	(B) administering programs providing financial
161	161	incentives, including grants and loans for the creation and support
162	162	of regional health information networks, subject to available
163	163	funds;
164	164	(C) providing technical expertise where
165	165	appropriate;
166	166	(D) sharing intellectual property developed
167	167	under Section 182.105;
168	168	(E) waiving the corporation's fees associated
169	169	with intellectual property, data, expertise, and other services or
170	170	materials provided to regional health information exchanges
171	171	operated on a nonprofit basis; and
172	172	(F) applying operational and technical standards
173	173	developed by the corporation to existing health information
174	174	exchanges only on a voluntary basis, except for standards related
175	175	to ensuring effective privacy and security of individually
176	176	identifiable health information;
177	177	(5) identify standards for streamlining health care
178	178	administrative functions across payors and providers, including
179	179	electronic patient registration, communication of enrollment in
180	180	health plans, and information at the point of care regarding
181	181	services covered by health plans; and
182	182	(6) support the secure, electronic exchange of health
183	183	information through other strategies identified by the board.
184	184	(b) This section expires September 1, 2021.
185	185	SECTION 9. Section 182.102, Health and Safety Code, is
186	186	amended by adding Subsection (c) to read as follows:
187	187	(c) This section expires September 1, 2021.
188	188	SECTION 10. Section 182.103, Health and Safety Code, is
189	189	amended by adding Subsection (d) to read as follows:
190	190	(d) This section expires September 1, 2021.
191	191	SECTION 11. Section 182.104, Health and Safety Code, is
192	192	amended to read as follows:
193	193	Sec. 182.104. SECURITY COMPLIANCE. (a) The corporation
194	194	shall:
195	195	(1) establish appropriate security standards to
196	196	protect both the transmission and the receipt of individually
197	197	identifiable health information or health care data;
198	198	(2) establish appropriate security standards to
199	199	protect access to any individually identifiable health information
200	200	or health care data collected, assembled, or maintained by the
201	201	corporation;
202	202	(3) establish the highest levels of security and
203	203	protection for access to and control of individually identifiable
204	204	health information, including mental health care data and data
205	205	relating to specific disease status, that is governed by more
206	206	stringent state or federal privacy laws; and
207	207	(4) establish policies and procedures for the
208	208	corporation for taking disciplinary actions against a board member,
209	209	employee, or other person with access to individually identifiable
210	210	health care information that violates state or federal privacy laws
211	211	related to health care information or data maintained by the
212	212	corporation.
213	213	(b) This section expires September 1, 2021.
214	214	SECTION 12. Section 182.105, Health and Safety Code, is
215	215	amended to read as follows:
216	216	Sec. 182.105. INTELLECTUAL PROPERTY. (a) The corporation
217	217	shall take commercially reasonable measures to protect its
218	218	intellectual property, including obtaining patents, trademarks,
219	219	and copyrights where appropriate.
220	220	(b) This section expires September 1, 2021.
221	221	SECTION 13. Section 182.106, Health and Safety Code, is
222	222	amended to read as follows:
223	223	Sec. 182.106. ANNUAL REPORT. (a) The corporation shall
224	224	submit an annual report to the governor, the lieutenant governor,
225	225	the speaker of the house of representatives, and the appropriate
226	226	oversight committee in the senate and the house of
227	227	representatives. The annual report must include financial
228	228	information and a progress update on the corporation's efforts to
229	229	carry out its mission.
230	230	(b) This section expires September 1, 2021.
231	231	SECTION 14. Section 182.107, Health and Safety Code, is
232	232	amended by adding Subsection (d) to read as follows:
233	233	(d) This section expires September 1, 2021.
234	234	SECTION 15. (a) Section 182.108, Health and Safety Code, is
235	235	amended by adding Subsection (f) to read as follows:
236	236	(f) Subsections (a)-(e) and this subsection expire
237	237	September 1, 2021.
238	238	(b) Effective September 1, 2021, Section 182.108, Health
239	239	and Safety Code, is amended by adding Subsections (g), (h), (i),
240	240	(j), (k), and (l) to read as follows:
241	241	(g) The privacy and security standards for the electronic
242	242	sharing of protected health information adopted under this section
243	243	and in effect on September 1, 2021, continue until amended by rule
244	244	by the Health and Human Services Commission.
245	245	(h) In amending standards under Subsection (g), the Health
246	246	and Human Services Commission shall seek the assistance of a
247	247	private nonprofit organization with relevant knowledge and
248	248	experience in establishing statewide health information exchange
249	249	capabilities.
250	250	(i) Standards amended under Subsection (g) must be designed
251	251	to:
252	252	(1) comply with the Health Insurance Portability and
253	253	Accountability Act and Privacy Standards and Chapter 181;
254	254	(2) comply with any other state and federal law
255	255	relating to the security and confidentiality of information
256	256	electronically maintained or disclosed by a covered entity;
257	257	(3) ensure the secure maintenance and disclosure of
258	258	individually identifiable health information;
259	259	(4) include strategies and procedures for disclosing
260	260	individually identifiable health information; and
261	261	(5) support a level of system interoperability with
262	262	existing health record databases in this state that is consistent
263	263	with emerging standards.
264	264	(j) The Health and Human Services Commission shall
265	265	designate a private nonprofit organization with relevant knowledge
266	266	and experience in establishing statewide health information
267	267	exchange capabilities to establish a process by which a covered
268	268	entity may apply for certification by the designated private
269	269	nonprofit organization of a covered entity's past compliance with
270	270	standards adopted under this section. If a private nonprofit
271	271	organization with relevant knowledge and experience in
272	272	establishing statewide health information exchange capabilities
273	273	does not exist, the Health and Human Services Commission shall
274	274	either:
275	275	(1) establish the process described by this
276	276	subsection; or
277	277	(2) designate another entity with relevant knowledge
278	278	to establish the process described by this subsection.
279	279	(k) The entity that establishes the process under
280	280	Subsection (j) shall publish the standards adopted under this
281	281	section on the entity's Internet website.
282	282	(l) In this section:
283	283	(1) "Covered entity" has the meaning assigned by
284	284	Section 181.001.
285	285	(2) "Disclose" has the meaning assigned by Section
286	286	181.001.
287	287	(3) "Health Insurance Portability and Accountability
288	288	Act and Privacy Standards" has the meaning assigned by Section
289	289	181.001.
290	290	(4) "Individually identifiable health information"
291	291	means individually identifiable health information as that term is
292	292	defined by the privacy rule of the Health Insurance Portability and
293	293	Accountability Act and Privacy Standards.
294	294	(5) "Protected health information" means protected
295	295	health information as that term is defined by the privacy rule of
296	296	the Health Insurance Portability and Accountability Act and Privacy
297	297	Standards.
298	298	SECTION 16. Except as otherwise provided by this Act, this
299	299	Act takes effect September 1, 2015.