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;
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. The
department must present data related to individuals as summary
statistics consistent with the confidentiality provisions of
Sections 81.046, 161.0073, and 161.008.
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.
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 a
reporting period is released to the public in a timely manner.
(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 for 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. (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 departments,
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 departments, 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 5. 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 6. Section 81.044(a), Health and Safety Code, as
amended by this Act, applies only to a report submitted on or after
January 1, 2023.
SECTION 7. (a) The Department of State Health Services is
required to implement this Act only if the legislature appropriates
money specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the department
may, but is not required to, implement this Act using other
appropriations available for that purpose.
(b) The Department of State Health Services shall use any
available federal money to implement this Act.
SECTION 8. This Act takes effect September 1, 2021.