4 | 6 | | AN ACT |
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5 | 7 | | relating to the reporting of health care-associated infections and |
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6 | 8 | | preventable adverse events at health care facilities. |
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7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 10 | | SECTION 1. Section 98.103, Health and Safety Code, is |
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9 | 11 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
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10 | 12 | | read as follows: |
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11 | 13 | | (a) A health care facility[, other than a pediatric and |
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12 | 14 | | adolescent hospital,] shall report to the department each health |
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13 | 15 | | care-associated infection [the incidence of surgical site |
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14 | 16 | | infections], including the causative pathogen if the infection is |
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15 | 17 | | laboratory-confirmed, that occurs [occurring] in the facility and |
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16 | 18 | | that the federal Centers for Medicare and Medicaid Services |
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17 | 19 | | requires a facility participating in the Medicare program to report |
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18 | 20 | | through the federal Centers for Disease Control and Prevention's |
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19 | 21 | | National Healthcare Safety Network, or its successor [following |
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20 | 22 | | procedures: |
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21 | 23 | | [(1) colon surgeries; |
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22 | 24 | | [(2) hip arthroplasties; |
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23 | 25 | | [(3) knee arthroplasties; |
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24 | 26 | | [(4) abdominal hysterectomies; |
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25 | 27 | | [(5) vaginal hysterectomies; |
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26 | 28 | | [(6) coronary artery bypass grafts; and |
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27 | 29 | | [(7) vascular procedures]. |
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28 | 30 | | (a-1) A health care facility shall report each health |
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29 | 31 | | care-associated infection to the department under this section |
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30 | 32 | | regardless of the facility's participation in Medicare. |
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31 | 33 | | SECTION 2. The following provisions of the Health and |
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32 | 34 | | Safety Code are repealed: |
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33 | 35 | | (1) Section 98.001(10); |
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34 | 36 | | (2) Sections 98.103(b) and (c); and |
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35 | 37 | | (3) Section 98.105. |
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36 | 38 | | SECTION 3. (a) The executive commissioner of the Health |
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37 | 39 | | and Human Services Commission shall adopt rules as necessary to |
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38 | 40 | | implement Section 98.103, Health and Safety Code, as amended by |
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39 | 41 | | this Act, not later than January 1, 2020. |
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40 | 42 | | (b) Section 98.103, Health and Safety Code, as amended by |
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41 | 43 | | this Act, applies only to a report for a health care-associated |
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42 | 44 | | infection occurring on or after January 1, 2020. A report for a |
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43 | 45 | | health care-associated infection occurring before that date is |
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44 | 46 | | governed by the law as it existed on the date the infection |
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45 | 47 | | occurred, and that law is continued in effect for that purpose. |
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46 | 48 | | SECTION 4. The Health and Human Services Commission is |
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47 | 49 | | required to implement a provision of this Act only if the |
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48 | 50 | | legislature appropriates money specifically for that purpose. If |
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49 | 51 | | the legislature does not appropriate money specifically for that |
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50 | 52 | | purpose, the commission may, but is not required to, implement a |
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51 | 53 | | provision of this Act using other appropriations available for that |
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52 | 54 | | purpose. |
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53 | 55 | | SECTION 5. This Act takes effect September 1, 2019. |
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54 | | - | ______________________________ ______________________________ |
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55 | | - | President of the Senate Speaker of the House |
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56 | | - | I hereby certify that S.B. No. 384 passed the Senate on |
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57 | | - | April 10, 2019, by the following vote: Yeas 30, Nays 0. |
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58 | | - | ______________________________ |
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59 | | - | Secretary of the Senate |
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60 | | - | I hereby certify that S.B. No. 384 passed the House on |
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61 | | - | May 22, 2019, by the following vote: Yeas 138, Nays 6, |
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62 | | - | two present not voting. |
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63 | | - | ______________________________ |
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64 | | - | Chief Clerk of the House |
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65 | | - | Approved: |
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66 | | - | ______________________________ |
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67 | | - | Date |
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68 | | - | ______________________________ |
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69 | | - | Governor |
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