Texas 2015 - 84th Regular

Texas Senate Bill SB203 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R22863 AJZ-D
2		-	By: Nelson, et al. S.B. No. 203
3		-	(Raymond, Burkett, Price, Zerwas, Keough)
4		-	Substitute the following for S.B. No. 203: No.
	1	+	S.B. No. 203
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the continuation and functions of the Texas Health
10	6		Services Authority as a quasi-governmental entity and the
11	7		electronic exchange of health care information.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	9		SECTION 1. Section 531.904, Government Code, is amended by
14	10		amending Subsections (c) and (g) and adding Subsections (c-1) and
15	11		(c-2) to read as follows:
16	12		(c) The advisory committee must include the following
17	13		members:
18	14		(1) Medicaid providers;
19	15		(2) child health plan program providers;
20	16		(3) fee-for-service providers;
21	17		(4) [at least one representative of the Texas Health
22	18		Services Authority established under Chapter 182, Health and Safety
23	19		Code;
24	20		[(5)] at least one representative of each health and
25	21		human services agency;
26	22		(5) [(6)] at least one representative of a major
27	23		provider association;
28	24		(6) [(7)] at least one representative of a health care
29	25		facility;
30	26		(7) [(8)] at least one representative of a managed
31	27		care organization;
32	28		(8) [(9)] at least one representative of the
33	29		pharmaceutical industry;
34	30		(9) [(10)] at least one representative of Medicaid
35	31		recipients and child health plan enrollees;
36	32		(10) [(11)] at least one representative of a local or
37	33		regional health information exchange; and
38	34		(11) [(12)] at least one representative who is skilled
39	35		in pediatric medical informatics.
40	36		(c-1) Notwithstanding Subsection (c), the advisory
41	37		committee must include at least one representative of the Texas
42	38		Health Services Authority established under Chapter 182, Health and
43	39		Safety Code. This subsection expires September 1, 2021.
44	40		(c-2) Notwithstanding Subsection (c), on and after
45	41		September 1, 2021, the advisory committee must include at least one
46	42		representative of the private nonprofit organization with relevant
47	43		knowledge and experience in establishing statewide health
48	44		information exchange capabilities designated under Section
49	45		182.108(j), Health and Safety Code.
50	46		(g) The advisory committee shall collaborate with the Texas
51	47		Health Services Authority to ensure that the health information
52	48		exchange system is interoperable with, and not an impediment to,
53	49		the electronic health information infrastructure that the
54	50		authority assists in developing. This subsection expires September
55	51		1, 2021.
56	52		SECTION 2. Section 181.206, Health and Safety Code, is
57	53		amended by amending Subsection (a) and adding Subsection (a-1) to
58	54		read as follows:
59	55		(a) The commission, in coordination with the attorney
60	56		general[, the Texas Health Services Authority,] and the Texas
61	57		Department of Insurance:
62	58		(1) may request that the United States secretary of
63	59		health and human services conduct an audit of a covered entity, as
64	60		that term is defined by 45 C.F.R. Section 160.103, in this state to
65	61		determine compliance with the Health Insurance Portability and
66	62		Accountability Act and Privacy Standards; and
67	63		(2) shall periodically monitor and review the results
68	64		of audits of covered entities in this state conducted by the United
69	65		States secretary of health and human services.
70	66		(a-1) Notwithstanding Subsection (a), the commission shall
71	67		also coordinate with the Texas Health Services Authority when
72	68		requesting an audit or monitoring and reviewing the results of an
73	69		audit under Subsection (a). This subsection expires September 1,
74	70		2021.
75	71		SECTION 3. Section 181.207, Health and Safety Code, is
76	72		amended to read as follows:
77	73		Sec. 181.207. FUNDING. (a) The commission and the Texas
78	74		Department of Insurance[, in consultation with the Texas Health
79	75		Services Authority,] shall apply for and actively pursue available
80	76		federal funding for enforcement of this chapter.
81	77		(b) Notwithstanding Subsection (a), the commission and the
82	78		Texas Department of Insurance shall consult with the Texas Health
83	79		Services Authority when applying for or pursuing federal funding
84	80		under Subsection (a). This subsection expires September 1, 2021.
85	81		SECTION 4. The heading to Chapter 182, Health and Safety
86	82		Code, is amended to read as follows:
87	83		CHAPTER 182. ELECTRONIC EXCHANGE OF HEALTH INFORMATION [TEXAS
88	84		HEALTH SERVICES AUTHORITY]
89	85		SECTION 5. Subchapter A, Chapter 182, Health and Safety
90	86		Code, is amended by adding Section 182.003 to read as follows:
91	87		Sec. 182.003. EXPIRATION OF SUBCHAPTER. This subchapter
92	88		expires September 1, 2021.
93	89		SECTION 6. Section 182.052, Health and Safety Code, is
94	90		amended to read as follows:
95	91		Sec. 182.052. EXPIRATION OF SUBCHAPTER [APPLICATION OF
96	92		SUNSET ACT]. This subchapter [The corporation is subject to
97	93		Chapter 325, Government Code. Unless continued in existence as
98	94		provided by that chapter, the corporation is abolished and this
99	95		chapter] expires September 1, 2021 [2015. The governor may order
100	96		the dissolution of the corporation at any time the governor
101	97		declares that the purposes of the corporation have been fulfilled
102	98		or that the corporation is inoperative or abandoned].
103	99		SECTION 7. Section 182.053, Health and Safety Code, as
104	100		amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
105	101		2015, is amended by amending Subsections (a) and (b) and adding
106	102		Subsections (b-1) and (h) to read as follows:
107	103		(a) The corporation is governed by a board of 12 [11]
108	104		directors appointed by the governor, with the advice and consent of
109	105		the senate.
110	106		(b) The governor shall also appoint at least two ex officio,
111	107		nonvoting members representing the health and human services
112	108		agencies as state agency data resources [department].
113	109		(b-1) The governor shall appoint as a voting board member
114	110		one individual who represents Texas local health information
115	111		exchanges.
116	112		(h) In this section, "health and human services agencies"
117	113		includes the:
118	114		(1) department;
119	115		(2) Department of Aging and Disability Services;
120	116		(3) Department of Assistive and Rehabilitative
121	117		Services;
122	118		(4) Department of Family and Protective Services; and
123	119		(5) commission.
124	120		SECTION 8. Section 182.101, Health and Safety Code, is
125	121		amended to read as follows:
126	122		Sec. 182.101. GENERAL POWERS AND DUTIES. (a) The
127	123		corporation may:
128	124		(1) establish statewide health information exchange
129	125		capabilities, including capabilities for electronic laboratory
130	126		results, diagnostic studies, and medication history delivery, and,
131	127		where applicable, promote definitions and standards for electronic
132	128		interactions statewide;
133	129		(2) seek funding to:
134	130		(A) implement, promote, and facilitate the
135	131		voluntary exchange of secure electronic health information between
136	132		and among individuals and entities that are providing or paying for
137	133		health care services or procedures; and
138	134		(B) create incentives to implement, promote, and
139	135		facilitate the voluntary exchange of secure electronic health
140	136		information between and among individuals and entities that are
141	137		providing or paying for health care services or procedures;
142	138		(3) establish statewide health information exchange
143	139		capabilities for streamlining health care administrative functions
144	140		including:
145	141		(A) communicating point of care services,
146	142		including laboratory results, diagnostic imaging, and prescription
147	143		histories;
148	144		(B) communicating patient identification and
149	145		emergency room required information in conformity with state and
150	146		federal privacy laws;
151	147		(C) real-time communication of enrollee status
152	148		in relation to health plan coverage, including enrollee
153	149		cost-sharing responsibilities; and
154	150		(D) current census and status of health plan
155	151		contracted providers;
156	152		(4) support regional health information exchange
157	153		initiatives by:
158	154		(A) identifying data and messaging standards for
159	155		health information exchange;
160	156		(B) administering programs providing financial
161	157		incentives, including grants and loans for the creation and support
162	158		of regional health information networks, subject to available
163	159		funds;
164	160		(C) providing technical expertise where
165	161		appropriate;
166	162		(D) sharing intellectual property developed
167	163		under Section 182.105;
168	164		(E) waiving the corporation's fees associated
169	165		with intellectual property, data, expertise, and other services or
170	166		materials provided to regional health information exchanges
171	167		operated on a nonprofit basis; and
172	168		(F) applying operational and technical standards
173	169		developed by the corporation to existing health information
174	170		exchanges only on a voluntary basis, except for standards related
175	171		to ensuring effective privacy and security of individually
176	172		identifiable health information;
177	173		(5) identify standards for streamlining health care
178	174		administrative functions across payors and providers, including
179	175		electronic patient registration, communication of enrollment in
180	176		health plans, and information at the point of care regarding
181	177		services covered by health plans; and
182	178		(6) support the secure, electronic exchange of health
183	179		information through other strategies identified by the board.
184	180		(b) This section expires September 1, 2021.
185	181		SECTION 9. Section 182.102, Health and Safety Code, is
186	182		amended by adding Subsection (c) to read as follows:
187	183		(c) This section expires September 1, 2021.
188	184		SECTION 10. Section 182.103, Health and Safety Code, is
189	185		amended by adding Subsection (d) to read as follows:
190	186		(d) This section expires September 1, 2021.
191	187		SECTION 11. Section 182.104, Health and Safety Code, is
192	188		amended to read as follows:
193	189		Sec. 182.104. SECURITY COMPLIANCE. (a) The corporation
194	190		shall:
195	191		(1) establish appropriate security standards to
196	192		protect both the transmission and the receipt of individually
197	193		identifiable health information or health care data;
198	194		(2) establish appropriate security standards to
199	195		protect access to any individually identifiable health information
200	196		or health care data collected, assembled, or maintained by the
201	197		corporation;
202	198		(3) establish the highest levels of security and
203	199		protection for access to and control of individually identifiable
204	200		health information, including mental health care data and data
205	201		relating to specific disease status, that is governed by more
206	202		stringent state or federal privacy laws; and
207	203		(4) establish policies and procedures for the
208	204		corporation for taking disciplinary actions against a board member,
209	205		employee, or other person with access to individually identifiable
210	206		health care information that violates state or federal privacy laws
211	207		related to health care information or data maintained by the
212	208		corporation.
213	209		(b) This section expires September 1, 2021.
214	210		SECTION 12. Section 182.105, Health and Safety Code, is
215	211		amended to read as follows:
216	212		Sec. 182.105. INTELLECTUAL PROPERTY. (a) The corporation
217	213		shall take commercially reasonable measures to protect its
218	214		intellectual property, including obtaining patents, trademarks,
219	215		and copyrights where appropriate.
220	216		(b) This section expires September 1, 2021.
221	217		SECTION 13. Section 182.106, Health and Safety Code, is
222	218		amended to read as follows:
223	219		Sec. 182.106. ANNUAL REPORT. (a) The corporation shall
224	220		submit an annual report to the governor, the lieutenant governor,
225	221		the speaker of the house of representatives, and the appropriate
226		-	oversight committee in the senate and the house of
227		-	representatives. The annual report must include financial
228		-	information and a progress update on the corporation's efforts to
229		-	carry out its mission.
	222	+	oversight committee in the senate and the house of representatives.
	223	+	The annual report must include financial information and a progress
	224	+	update on the corporation's efforts to carry out its mission.
230	225		(b) This section expires September 1, 2021.
231	226		SECTION 14. Section 182.107, Health and Safety Code, is
232	227		amended by adding Subsection (d) to read as follows:
233	228		(d) This section expires September 1, 2021.
234	229		SECTION 15. (a) Section 182.108, Health and Safety Code, is
235	230		amended by adding Subsection (f) to read as follows:
236	231		(f) Subsections (a)-(e) and this subsection expire
237	232		September 1, 2021.
238	233		(b) Effective September 1, 2021, Section 182.108, Health
239	234		and Safety Code, is amended by adding Subsections (g), (h), (i),
240	235		(j), (k), (l), (m), and (n) to read as follows:
241	236		(g) The privacy and security standards for the electronic
242	237		sharing of protected health information adopted under this section
243	238		and in effect on September 1, 2021, continue until amended by rule
244	239		by the commission.
245	240		(h) In amending standards under Subsection (g), the
246	241		commission shall seek the assistance of a private nonprofit
247	242		organization with relevant knowledge and experience in
248	243		establishing statewide health information exchange capabilities.
249	244		(i) Standards amended under Subsection (g) must be designed
250	245		to:
251	246		(1) comply with the Health Insurance Portability and
252	247		Accountability Act and Privacy Standards and Chapter 181;
253	248		(2) comply with any other state and federal law
254	249		relating to the security and confidentiality of information
255	250		electronically maintained or disclosed by a covered entity;
256	251		(3) ensure the secure maintenance and disclosure of
257	252		individually identifiable health information;
258	253		(4) include strategies and procedures for disclosing
259	254		individually identifiable health information; and
260	255		(5) support a level of system interoperability with
261	256		existing health record databases in this state that is consistent
262	257		with emerging standards.
263	258		(j) The commission shall designate a private nonprofit
264	259		organization with relevant knowledge and experience in
265	260		establishing statewide health information exchange capabilities to
266	261		establish a process by which a covered entity may apply for
267	262		certification by the designated private nonprofit organization of a
268	263		covered entity's past compliance with standards adopted under this
269	264		section. If a private nonprofit organization with relevant
270	265		knowledge and experience in establishing statewide health
271	266		information exchange capabilities does not exist, the commission
272	267		shall either:
273	268		(1) establish the process described by this
274	269		subsection; or
275	270		(2) designate another entity with relevant knowledge
276	271		to establish the process described by this subsection.
277	272		(k) The entity that establishes the process under
278	273		Subsection (j) shall publish the standards adopted under this
279	274		section on the entity's Internet website.
280	275		(l) The commission shall ensure that any fee charged for the
281	276		certification process described in Subsection (j) by the private
282	277		nonprofit organization or entity designated under that subsection,
283	278		including a person acting on behalf of a designated organization or
284		-	entity, is reasonable. If the commission establishes the process as
285		-	described by Subsection (j)(1), the commission shall set a
	279	+	entity, is reasonable. If the commission establishes the process
	280	+	as described by Subsection (j)(1), the commission shall set a
286	281		reasonable fee for the certification process.
287	282		(m) For good cause, the commission may revoke the
288	283		designation or authority of a private nonprofit organization or
289	284		entity to establish the process or offer certifications under
290	285		Subsection (j).
291	286		(n) In this section:
292	287		(1) "Covered entity" has the meaning assigned by
293	288		Section 181.001.
294	289		(2) "Disclose" has the meaning assigned by Section
295	290		181.001.
296	291		(3) "Health Insurance Portability and Accountability
297	292		Act and Privacy Standards" has the meaning assigned by Section
298	293		181.001.
299	294		(4) "Individually identifiable health information"
300	295		means individually identifiable health information as that term is
301	296		defined by the privacy rule of the Health Insurance Portability and
302	297		Accountability Act and Privacy Standards.
303	298		(5) "Protected health information" means protected
304	299		health information as that term is defined by the privacy rule of
305	300		the Health Insurance Portability and Accountability Act and Privacy
306	301		Standards.
307	302		SECTION 16. Except as otherwise provided by this Act, this
308	303		Act takes effect September 1, 2015.
	304	+	______________________________ ______________________________
	305	+	President of the Senate Speaker of the House
	306	+	I hereby certify that S.B. No. 203 passed the Senate on
	307	+	April 9, 2015, by the following vote: Yeas 31, Nays 0; and that
	308	+	the Senate concurred in House amendment on May 4, 2015, by the
	309	+	following vote: Yeas 31, Nays 0.
	310	+	______________________________
	311	+	Secretary of the Senate
	312	+	I hereby certify that S.B. No. 203 passed the House, with
	313	+	amendment, on April 20, 2015, by the following vote: Yeas 144,
	314	+	Nays 1, one present not voting.
	315	+	______________________________
	316	+	Chief Clerk of the House
	317	+	Approved:
	318	+	______________________________
	319	+	Date
	320	+	______________________________
	321	+	Governor