2021S0108-1 02/24/21
By: Kolkhorst S.B. No. 969
A BILL TO BE ENTITLED
AN ACT
relating to reporting procedures for and information concerning
public health disasters and to certain public health studies;
creating the office of the chief state epidemiologist; providing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 81, Health and Safety
Code, is amended by adding Section 81.016 to read as follows:
Sec. 81.016. AVAILABILITY OF DATA REGARDING PUBLIC HEALTH
DISASTER. During a public health disaster, the department shall
timely make available to the public on the department's Internet
website, in an easy-to-read format, all available de-identified
public health data regarding the public health disaster.
SECTION 2. Section 81.044(a), Health and Safety Code, is
amended to read as follows:
(a) The executive commissioner shall prescribe the form and
method of reporting under this chapter, which may be in writing, by
telephone, by electronic data transmission, through a health
information exchange as defined by Section 182.151 if requested and
authorized by the person required to report, or by other means. The
executive commissioner by rule shall require a person reporting at
least 30 cases of a reportable disease in a month, excluding
point-of-care testing, to submit a report required under this
subchapter by electronic data transmission in the form prescribed
by rule.
SECTION 3. Subchapter C, Chapter 81, Health and Safety
Code, is amended by adding Sections 81.0443, 81.0444, 81.0445,
81.0495, and 81.053 to read as follows:
Sec. 81.0443. STANDARDIZED INFORMATION SHARING METHOD. The
department shall collaborate with local health authorities,
hospitals, laboratories, and other persons who submit information
to the department during a public health disaster or in response to
other outbreaks of communicable disease to plan, design, and
implement a standardized and streamlined method for sharing
information needed during the disaster or response. The department
may require a person submitting information to the department under
this subchapter to use the method developed under this section.
Sec. 81.0444. HOSPITAL TO REPORT. A hospital shall report
to the department and to the applicable trauma service area
regional advisory council all information required by the
department related to a reportable disease for which a public
health disaster is declared.
Sec. 81.0445. PROVISION OF INFORMATION TO PUBLIC DURING
PUBLIC HEALTH DISASTER. (a) This section applies only to
information related to a reportable disease for which a public
health disaster is declared.
(b) The department and each trauma service area regional
advisory council shall make publicly available in accordance with
Subsection (c) the information a hospital is required to report to
the department and regional advisory council under Section 81.0444.
The department and each regional advisory council shall ensure that
information released under this subsection does not contain any
personally identifiable information.
(c) The department shall collaborate and coordinate with
local health departments to ensure that all information covering
the same reporting period is released simultaneously to the public.
(d) The department shall develop and publish on its Internet
website monthly compliance reports for laboratories reporting
during a public health disaster. Each compliance report, at a
minimum, must include:
(1) the number of laboratory reports the department
receives by electronic data transmission;
(2) the number of incomplete information fields in the
laboratory reports;
(3) the electronic format each laboratory used in
submitting information;
(4) the number of coding errors in the laboratory
reports; and
(5) the average length of time from the date the
specimen is collected to the date the department receives the
corresponding laboratory report.
(e) The department shall develop and publish on its Internet
website monthly compliance reports for hospitals reporting during a
public health disaster. Each compliance report, at a minimum, must
include:
(1) the number of incomplete information fields in the
hospital reports;
(2) the number of reports a hospital failed to submit
in a timely manner; and
(3) the number of identified inaccuracies in the
information submitted.
Sec. 81.0495. FAILURE TO REPORT; CIVIL PENALTY. (a) The
department may impose a civil penalty of not more than $1,000 on a
health care facility for each failure to submit a report required
under this subchapter.
(b) The attorney general may bring an action to recover a
civil penalty imposed under Subsection (a).
Sec. 81.053. DATA QUALITY ASSURANCE. The department shall
implement quality assurance procedures to ensure that data
collected and reported concerning a public health disaster is
systematically reviewed for errors and completeness. The
department shall implement procedures to timely resolve any
deficiencies in data collection and reporting.
SECTION 4. Subchapter C, Chapter 1001, Health and Safety
Code, is amended by adding Section 1001.0511 to read as follows:
Sec. 1001.0511. OFFICE OF CHIEF STATE EPIDEMIOLOGIST. (a)
In this section, "office" means the office of the chief state
epidemiologist.
(b) The commissioner shall:
(1) establish the office of the chief state
epidemiologist within the department to inform public health
activities and public health policy in Texas by:
(A) evaluating epidemiological, medical, and
health care data; and
(B) identifying pertinent research and
evidence-based best practices; and
(2) appoint a board-certified physician licensed to
practice medicine in this state as the chief state epidemiologist
to administer the office.
(c) The chief state epidemiologist must have experience in
public health and an advanced degree in public health,
epidemiology, or a related field.
(d) The chief state epidemiologist:
(1) serves as the department expert on epidemiological
matters and on communicable and noncommunicable diseases;
(2) may provide professional and scientific
consultation to state facilities, health service regions, local
health agencies, and other entities regarding epidemiology and
disease control, harmful exposure, and injury prevention;
(3) shall serve as the department's senior science
representative and primary point of contact to the Centers
for Disease Control and Prevention and other federal agencies for
epidemiological science and disease surveillance; and
(4) notwithstanding any other law, may access data
from across the department to carry out the duties of the office.
(e) Reports, records, and information provided to the
office that relate to an epidemiological or toxicological
investigation of human illnesses or conditions and of environmental
exposures that are harmful or believed to be harmful to the public
health are not public information under Chapter 552, Government
Code. They may not be released or made public, on subpoena or
otherwise, except for statistical purposes and if released in a
manner that prevents the identification of any person.
SECTION 5. (a) The Department of State Health Services
shall evaluate the planning and response capabilities of the state
health care system, including hospitals, long-term care
facilities, and laboratories, to respond to public health threats.
The department shall coordinate its evaluation with the Health and
Human Services Commission, regional advisory councils, local
health departments, and health care system organizations. The
department shall submit to the legislature an implementation plan
based on the findings of its evaluation not later than December 1,
2021.
(b) The Department of State Health Services shall evaluate
the current scope, size, function, and public health response
capabilities of public health regions and regional offices. The
department shall identify current capabilities, assess the need for
geographic realignment, and identify ways to improve support to
local health departments and areas in which the department serves
as the primary public health provider. The department shall
coordinate its evaluation with local health departments, areas
served by department regional offices, and the Public Health
Funding and Policy Committee. The department shall provide a
report based on its evaluation to the legislature not later than
December 1, 2021.
(c) The Department of State Health Services shall improve
standardized data collection and reporting by the department,
laboratories, health care facilities, local health entities, and
other entities as appropriate during a declared public health
disaster. The department shall identify current processes for and
barriers to standardized, regular, and consistent reporting and
shall collaborate on best practices to ensure that data collection
and reporting are consistent across state, regional, and local
levels. The department shall coordinate its analysis with local
health entities, laboratories, health care facilities, and the
Public Health Funding and Policy Committee. The department shall
implement best practices and report its findings to the legislature
not later than December 1, 2021.
SECTION 6. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement this
Act.
SECTION 7. Section 81.044(a), Health and Safety Code, as
amended by this Act, applies only to a report submitted on or after
January 1, 2022.
SECTION 8. This Act takes effect September 1, 2021.