Texas 2021 - 87th Regular

Texas House Bill HB1859 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6191 JG-D
2	2	By: Cortez H.B. No. 1859
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a study on the interoperability needs and technology
8	8	readiness of behavioral health service providers in this state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. (a) In this section:
11	11	(1) "Advisory committee" means the e-Health Advisory
12	12	Committee established by the executive commissioner in accordance
13	13	with Section 531.012, Government Code.
14	14	(2) "Commission" means the Health and Human Services
15	15	Commission.
16	16	(3) "Executive commissioner" means the executive
17	17	commissioner of the Health and Human Services Commission.
18	18	(b) The commission and the advisory committee jointly shall
19	19	conduct a study to assess the interoperability needs and technology
20	20	readiness of behavioral health service providers in this state,
21	21	including the needs and readiness of each:
22	22	(1) state hospital, as defined by Section 552.0011,
23	23	Health and Safety Code;
24	24	(2) local mental health authority, as defined by
25	25	Section 531.002, Health and Safety Code;
26	26	(3) freestanding psychiatric hospital;
27	27	(4) high volume provider group under the STAR+PLUS,
28	28	STAR Kids, or STAR Health Medicaid managed care programs;
29	29	(5) Medicaid payor;
30	30	(6) county jail, municipal jail, and other local law
31	31	enforcement entity involved in providing behavioral health
32	32	services; and
33	33	(7) trauma service area regional advisory council.
34	34	(c) In conducting the study under Subsection (b) of this
35	35	section, the commission and advisory committee shall determine
36	36	which of the providers described by that subsection use an
37	37	electronic health record management system and evaluate:
38	38	(1) for each of those providers that use an electronic
39	39	health record management system:
40	40	(A) when the provider implemented the electronic
41	41	health record management system;
42	42	(B) whether the provider is also connected to a
43	43	system outside of the provider's electronic health record
44	44	management system and, if the provider is connected to an outside
45	45	system:
46	46	(i) to what outside system the provider is
47	47	connected and how the provider is connected;
48	48	(ii) what type of information the provider
49	49	shares with the outside system, including information on admissions
50	50	or discharges, dispensing of medication, and clinical notes; and
51	51	(iii) what type of information the provider
52	52	receives from the outside system, including new patient information
53	53	and the receipt of real time notifications of patient events; and
54	54	(C) what the provider finds valuable about using
55	55	an electronic health record management system or being connected to
56	56	an outside system, including:
57	57	(i) whether the provider uses a
58	58	prescription drug monitoring program as part of the electronic
59	59	health record management system or the outside system and the
60	60	provider's reason for using or not using a prescription drug
61	61	monitoring program, as applicable;
62	62	(ii) whether, in using the electronic
63	63	health record management system or being connected to an outside
64	64	system, the provider finds valuable the use of qualitative data for
65	65	improving patient care; and
66	66	(iii) the provider's opinion on the
67	67	efficiency and cost-effectiveness of using an electronic health
68	68	record management system or being connected to an outside system;
69	69	and
70	70	(2) for both the providers who use an electronic
71	71	health record management system or an outside system and the
72	72	providers who do not use either system, barriers to being connected
73	73	or to becoming connected, as applicable, including:
74	74	(A) whether they consider any of the following a
75	75	barrier:
76	76	(i) the cost of using either system;
77	77	(ii) security or privacy concerns with
78	78	using either system;
79	79	(iii) patient consent issues associated
80	80	with using either system; or
81	81	(iv) legal, regulatory, or licensing
82	82	factors associated with using either system; and
83	83	(B) for the providers who are not connected to
84	84	either system, whether and for what reasons they consider being
85	85	connected valuable or useful to treating patients.
86	86	(d) Based on the results of the study conducted under
87	87	Subsection (b) of this section and not later than August 31, 2022,
88	88	the advisory committee shall prepare and submit to the commission,
89	89	legislature, lieutenant governor, and governor a written report
90	90	that includes:
91	91	(1) a state plan, including a proposed timeline, for
92	92	aligning the interoperability and technological capabilities in
93	93	the provision of behavioral health services with applicable law,
94	94	including:
95	95	(A) the 21st Century Cures Act (Pub. L.
96	96	No. 114-255);
97	97	(B) federal or state law on health information
98	98	technology; and
99	99	(C) the delivery system reform incentive payment
100	100	program and uniform hospital rate increase program;
101	101	(2) information on gaps in education, and
102	102	recommendations for closing those gaps, regarding the appropriate
103	103	sharing of behavioral health data, including education on:
104	104	(A) the sharing of progress notes versus
105	105	psychotherapy notes;
106	106	(B) obtaining consent for electronic data
107	107	sharing; and
108	108	(C) common provider and patient
109	109	misunderstandings of applicable law;
110	110	(3) an evaluation of the differences and similarities
111	111	between federal and state law on the interoperability and
112	112	technological requirements in the provision of behavioral health
113	113	services; and
114	114	(4) recommendations for standardizing the use of
115	115	social determinants of health.
116	116	(e) To the extent permitted by law and as the executive
117	117	commissioner determines appropriate, the commission shall
118	118	implement, within the commission's prescribed authority, a
119	119	component of the plan or a regulatory recommendation included in
120	120	the report required under Subsection (d) of this section.
121	121	SECTION 2. This Act expires September 1, 2023.
122	122	SECTION 3. This Act takes effect September 1, 2021.