By: Nelson S.B. No. 384
(Sheffield)
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of health care-associated infections and
preventable adverse events at health care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 98.103, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) A health care facility[, other than a pediatric and
adolescent hospital,] shall report to the department each health
care-associated infection [the incidence of surgical site
infections], including the causative pathogen if the infection is
laboratory-confirmed, that occurs [occurring] in the facility and
that the federal Centers for Medicare and Medicaid Services
requires a facility participating in the Medicare program to report
through the federal Centers for Disease Control and Prevention's
National Healthcare Safety Network, or its successor [following
procedures:
[(1) colon surgeries;
[(2) hip arthroplasties;
[(3) knee arthroplasties;
[(4) abdominal hysterectomies;
[(5) vaginal hysterectomies;
[(6) coronary artery bypass grafts; and
[(7) vascular procedures].
(a-1) A health care facility shall report each health
care-associated infection to the department under this section
regardless of the facility's participation in Medicare.
SECTION 2. The following provisions of the Health and
Safety Code are repealed:
(1) Section 98.001(10);
(2) Sections 98.103(b) and (c); and
(3) Section 98.105.
SECTION 3. (a) The executive commissioner of the Health
and Human Services Commission shall adopt rules as necessary to
implement Section 98.103, Health and Safety Code, as amended by
this Act, not later than January 1, 2020.
(b) Section 98.103, Health and Safety Code, as amended by
this Act, applies only to a report for a health care-associated
infection occurring on or after January 1, 2020. A report for a
health care-associated infection occurring before that date is
governed by the law as it existed on the date the infection
occurred, and that law is continued in effect for that purpose.
SECTION 4. The Health and Human Services Commission is
required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the commission may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 5. This Act takes effect September 1, 2019.