Texas 2021 - 87th Regular

Texas Senate Bill SB640 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 640
	1	+	By: Menéndez, et al. S.B. No. 640
	2	+	(Cortez)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to a study on the interoperability needs and technology
6	8		readiness of behavioral health service providers in this state.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. (a) In this section:
9	11		(1) "Commission" means the Health and Human Services
10	12		Commission.
11	13		(2) "Executive commissioner" means the executive
12	14		commissioner of the Health and Human Services Commission.
13	15		(b) The commission shall conduct a study to assess the
14	16		interoperability needs and technology readiness of behavioral
15	17		health service providers in this state, including the needs and
16	18		readiness of each:
17	19		(1) state hospital, as defined by Section 552.0011,
18	20		Health and Safety Code;
19	21		(2) local mental health authority, as defined by
20	22		Section 531.002, Health and Safety Code;
21	23		(3) freestanding psychiatric hospital;
22	24		(4) high volume provider group under the STAR+PLUS,
23	25		STAR Kids, or STAR Health Medicaid managed care programs;
24	26		(5) Medicaid payor;
25	27		(6) county jail, municipal jail, and other local law
26	28		enforcement entity involved in providing behavioral health
27	29		services; and
28	30		(7) trauma service area regional advisory council.
29	31		(c) In conducting the study under Subsection (b) of this
30	32		section, the commission shall determine which of the providers
31	33		described by that subsection use an electronic health record
32	34		management system and evaluate:
33	35		(1) for each of those providers that use an electronic
34	36		health record management system:
35	37		(A) when the provider implemented the electronic
36	38		health record management system;
37	39		(B) whether the provider is also connected to a
38	40		system outside of the provider's electronic health record
39	41		management system and, if the provider is connected to an outside
40	42		system:
41	43		(i) to what outside system the provider is
42	44		connected and how the provider is connected;
43	45		(ii) what type of information the provider
44	46		shares with the outside system, including information on admissions
45	47		or discharges, dispensing of medication, and clinical notes; and
46	48		(iii) what type of information the provider
47	49		receives from the outside system, including new patient information
48	50		and the receipt of real time notifications of patient events; and
49	51		(C) what the provider finds valuable about using
50	52		an electronic health record management system or being connected to
51	53		an outside system, including:
52	54		(i) whether the provider uses a
53	55		prescription drug monitoring program as part of the electronic
54	56		health record management system or the outside system and the
55	57		provider's reason for using or not using a prescription drug
56	58		monitoring program, as applicable;
57	59		(ii) whether, in using the electronic
58	60		health record management system or being connected to an outside
59	61		system, the provider finds valuable the use of qualitative data for
60	62		improving patient care; and
61	63		(iii) the provider's opinion on the
62	64		efficiency and cost-effectiveness of using an electronic health
63	65		record management system or being connected to an outside system;
64	66		and
65	67		(2) for both the providers who use an electronic
66	68		health record management system or an outside system and the
67	69		providers who do not use either system, barriers to being connected
68	70		or to becoming connected, as applicable, including:
69	71		(A) whether they consider any of the following a
70	72		barrier:
71	73		(i) the cost of using either system;
72	74		(ii) security or privacy concerns with
73	75		using either system;
74	76		(iii) patient consent issues associated
75	77		with using either system; or
76	78		(iv) legal, regulatory, or licensing
77	79		factors associated with using either system; and
78	80		(B) for the providers who are not connected to
79	81		either system, whether and for what reasons they consider being
80	82		connected valuable or useful to treating patients.
81	83		(d) In conducting the study under Subsection (b) of this
82	84		section, the commission may collaborate with any relevant advisory
83	85		committees.
84	86		(e) Based on the results of the study conducted under
85	87		Subsection (b) of this section and not later than August 31, 2022,
86	88		the commission shall prepare and submit to the legislature,
87	89		lieutenant governor, and governor a written report that includes:
88	90		(1) a state plan, including a proposed timeline, for
89	91		aligning the interoperability and technological capabilities in
90	92		the provision of behavioral health services with applicable law,
91	93		including:
92	94		(A) the 21st Century Cures Act (Pub. L.
93	95		No. 114-255);
94	96		(B) federal or state law on health information
95	97		technology; and
96	98		(C) the delivery system reform incentive payment
97	99		program and uniform hospital rate increase program;
98	100		(2) information on gaps in education, and
99	101		recommendations for closing those gaps, regarding the appropriate
100	102		sharing of behavioral health data, including education on:
101	103		(A) the sharing of progress notes versus
102	104		psychotherapy notes;
103	105		(B) obtaining consent for electronic data
104	106		sharing; and
105	107		(C) common provider and patient
106	108		misunderstandings of applicable law;
107	109		(3) an evaluation of the differences and similarities
108	110		between federal and state law on the interoperability and
109	111		technological requirements in the provision of behavioral health
110	112		services; and
111	113		(4) recommendations for standardizing the use of
112	114		social determinants of health.
113	115		(f) To the extent permitted by law and as the executive
114	116		commissioner determines appropriate, the commission shall
115	117		implement, within the commission's prescribed authority, a
116	118		component of the plan or a regulatory recommendation included in
117	119		the report required under Subsection (e) of this section.
118	120		SECTION 2. This Act expires September 1, 2023.
119	121		SECTION 3. This Act takes effect September 1, 2021.
120		-	______________________________ ______________________________
121		-	President of the Senate Speaker of the House
122		-	I hereby certify that S.B. No. 640 passed the Senate on
123		-	April 28, 2021, by the following vote: Yeas 29, Nays 2.
124		-	______________________________
125		-	Secretary of the Senate
126		-	I hereby certify that S.B. No. 640 passed the House on
127		-	May 26, 2021, by the following vote: Yeas 99, Nays 48, two
128		-	present not voting.
129		-	______________________________
130		-	Chief Clerk of the House
131		-	Approved:
132		-	______________________________
133		-	Date
134		-	______________________________
135		-	Governor