S.B. No. 640
AN ACT
relating to a study on the interoperability needs and technology
readiness of behavioral health service providers in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(b) The commission shall conduct a study to assess the
interoperability needs and technology readiness of behavioral
health service providers in this state, including the needs and
readiness of each:
(1) state hospital, as defined by Section 552.0011,
Health and Safety Code;
(2) local mental health authority, as defined by
Section 531.002, Health and Safety Code;
(3) freestanding psychiatric hospital;
(4) high volume provider group under the STAR+PLUS,
STAR Kids, or STAR Health Medicaid managed care programs;
(5) Medicaid payor;
(6) county jail, municipal jail, and other local law
enforcement entity involved in providing behavioral health
services; and
(7) trauma service area regional advisory council.
(c) In conducting the study under Subsection (b) of this
section, the commission shall determine which of the providers
described by that subsection use an electronic health record
management system and evaluate:
(1) for each of those providers that use an electronic
health record management system:
(A) when the provider implemented the electronic
health record management system;
(B) whether the provider is also connected to a
system outside of the provider's electronic health record
management system and, if the provider is connected to an outside
system:
(i) to what outside system the provider is
connected and how the provider is connected;
(ii) what type of information the provider
shares with the outside system, including information on admissions
or discharges, dispensing of medication, and clinical notes; and
(iii) what type of information the provider
receives from the outside system, including new patient information
and the receipt of real time notifications of patient events; and
(C) what the provider finds valuable about using
an electronic health record management system or being connected to
an outside system, including:
(i) whether the provider uses a
prescription drug monitoring program as part of the electronic
health record management system or the outside system and the
provider's reason for using or not using a prescription drug
monitoring program, as applicable;
(ii) whether, in using the electronic
health record management system or being connected to an outside
system, the provider finds valuable the use of qualitative data for
improving patient care; and
(iii) the provider's opinion on the
efficiency and cost-effectiveness of using an electronic health
record management system or being connected to an outside system;
and
(2) for both the providers who use an electronic
health record management system or an outside system and the
providers who do not use either system, barriers to being connected
or to becoming connected, as applicable, including:
(A) whether they consider any of the following a
barrier:
(i) the cost of using either system;
(ii) security or privacy concerns with
using either system;
(iii) patient consent issues associated
with using either system; or
(iv) legal, regulatory, or licensing
factors associated with using either system; and
(B) for the providers who are not connected to
either system, whether and for what reasons they consider being
connected valuable or useful to treating patients.
(d) In conducting the study under Subsection (b) of this
section, the commission may collaborate with any relevant advisory
committees.
(e) Based on the results of the study conducted under
Subsection (b) of this section and not later than August 31, 2022,
the commission shall prepare and submit to the legislature,
lieutenant governor, and governor a written report that includes:
(1) a state plan, including a proposed timeline, for
aligning the interoperability and technological capabilities in
the provision of behavioral health services with applicable law,
including:
(A) the 21st Century Cures Act (Pub. L.
No. 114-255);
(B) federal or state law on health information
technology; and
(C) the delivery system reform incentive payment
program and uniform hospital rate increase program;
(2) information on gaps in education, and
recommendations for closing those gaps, regarding the appropriate
sharing of behavioral health data, including education on:
(A) the sharing of progress notes versus
psychotherapy notes;
(B) obtaining consent for electronic data
sharing; and
(C) common provider and patient
misunderstandings of applicable law;
(3) an evaluation of the differences and similarities
between federal and state law on the interoperability and
technological requirements in the provision of behavioral health
services; and
(4) recommendations for standardizing the use of
social determinants of health.
(f) To the extent permitted by law and as the executive
commissioner determines appropriate, the commission shall
implement, within the commission's prescribed authority, a
component of the plan or a regulatory recommendation included in
the report required under Subsection (e) of this section.
SECTION 2. This Act expires September 1, 2023.
SECTION 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 640 passed the Senate on
April 28, 2021, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 640 passed the House on
May 26, 2021, by the following vote: Yeas 99, Nays 48, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor