Texas 2021 - 87th Regular

Texas Senate Bill SB969 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 969
	1	+	By: Kolkhorst S.B. No. 969
	2	+	(Klick)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to reporting procedures for and information concerning
6	8		public health disasters and to certain public health studies;
7	9		providing a civil penalty.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subchapter A, Chapter 81, Health and Safety
10	12		Code, is amended by adding Section 81.016 to read as follows:
11	13		Sec. 81.016. AVAILABILITY OF DATA REGARDING PUBLIC HEALTH
12	14		DISASTER. During a public health disaster, the department shall
13	15		timely make available to the public on the department's Internet
14	16		website, in an easy-to-read format, all available de-identified
15	17		public health data regarding the public health disaster. The
16	18		department must present data related to individuals as summary
17	19		statistics consistent with the confidentiality provisions of
18	20		Sections 81.046, 161.0073, and 161.008.
19	21		SECTION 2. Section 81.044(a), Health and Safety Code, is
20	22		amended to read as follows:
21	23		(a) The executive commissioner shall prescribe the form and
22	24		method of reporting under this chapter[, which may be in writing, by
23	25		telephone,] by electronic data transmission, through a health
24	26		information exchange as defined by Section 182.151 if requested and
25	27		authorized by the person required to report, or by other means.
26	28		SECTION 3. Subchapter C, Chapter 81, Health and Safety
27	29		Code, is amended by adding Sections 81.0443, 81.0444, 81.0445,
28	30		81.0495, and 81.053 to read as follows:
29	31		Sec. 81.0443. STANDARDIZED INFORMATION SHARING METHOD. The
30	32		department shall collaborate with local health authorities,
31	33		hospitals, laboratories, and other persons who submit information
32	34		to the department during a public health disaster or in response to
33	35		other outbreaks of communicable disease to plan, design, and
34	36		implement a standardized and streamlined method for sharing
35	37		information needed during the disaster or response. The department
36	38		may require a person submitting information to the department under
37	39		this subchapter to use the method developed under this section.
38	40		Sec. 81.0444. HOSPITAL TO REPORT. A hospital shall report
39	41		to the department and to the applicable trauma service area
40	42		regional advisory council all information required by the
41	43		department related to a reportable disease for which a public
42	44		health disaster is declared.
43	45		Sec. 81.0445. PROVISION OF INFORMATION TO PUBLIC DURING
44	46		PUBLIC HEALTH DISASTER. (a) This section applies only to
45	47		information related to a reportable disease for which a public
46	48		health disaster is declared.
47	49		(b) The department and each trauma service area regional
48	50		advisory council shall make publicly available in accordance with
49	51		Subsection (c) the information a hospital is required to report to
50	52		the department and regional advisory council under Section 81.0444.
51	53		The department and each regional advisory council shall ensure that
52	54		information released under this subsection does not contain any
53	55		personally identifiable information.
54	56		(c) The department shall collaborate and coordinate with
55	57		local health departments to ensure that all information covering a
56	58		reporting period is released to the public in a timely manner.
57	59		(d) The department shall develop and publish on its Internet
58	60		website monthly compliance reports for laboratories reporting
59	61		during a public health disaster. Each compliance report, at a
60	62		minimum, must include:
61	63		(1) the number of laboratory reports the department
62	64		receives by electronic data transmission;
63	65		(2) the number of incomplete information fields in the
64	66		laboratory reports;
65	67		(3) the electronic format each laboratory used in
66	68		submitting information;
67	69		(4) the number of coding errors in the laboratory
68	70		reports; and
69	71		(5) the average length of time from the date the
70	72		specimen is collected to the date the department receives the
71	73		corresponding laboratory report.
72	74		(e) The department shall develop and publish on its Internet
73	75		website monthly compliance reports for hospitals reporting during a
74	76		public health disaster. Each compliance report, at a minimum, must
75	77		include:
76	78		(1) the number of incomplete information fields in the
77	79		hospital reports;
78	80		(2) the number of reports a hospital failed to submit
79	81		in a timely manner; and
80	82		(3) the number of identified inaccuracies in the
81	83		information submitted.
82	84		Sec. 81.0495. FAILURE TO REPORT; CIVIL PENALTY. (a) The
83	85		department may impose a civil penalty of not more than $1,000 on a
84	86		health care facility for each failure to submit a report required
85	87		under this subchapter.
86	88		(b) The attorney general may bring an action to recover a
87	89		civil penalty imposed under Subsection (a).
88	90		Sec. 81.053. DATA QUALITY ASSURANCE. The department shall
89	91		implement quality assurance procedures to ensure that data
90	92		collected and reported for a public health disaster is
91	93		systematically reviewed for errors and completeness. The
92	94		department shall implement procedures to timely resolve any
93	95		deficiencies in data collection and reporting.
94	96		SECTION 4. (a) The Department of State Health Services
95	97		shall evaluate the planning and response capabilities of the state
96	98		health care system, including hospitals, long-term care
97	99		facilities, and laboratories, to respond to public health threats.
98	100		The department shall coordinate its evaluation with the Health and
99	101		Human Services Commission, regional advisory councils, local
100	102		health departments, and health care system organizations. The
101	103		department shall submit to the legislature an implementation plan
102		-	based on the findings of its evaluation not later than ~~September~~ 1,
103		-	~~2022~~.
	104	+	based on the findings of its evaluation not later than December 1,
	105	+	2021.
104	106		(b) The Department of State Health Services shall evaluate
105	107		the current scope, size, function, and public health response
106	108		capabilities of public health regions and regional offices. The
107	109		department shall identify current capabilities, assess the need for
108	110		geographic realignment, and identify ways to improve support to
109	111		local health departments and areas in which the department serves
110	112		as the primary public health provider. The department shall
111	113		coordinate its evaluation with local health departments, areas
112	114		served by department regional offices, and the Public Health
113	115		Funding and Policy Committee. The department shall provide a
114	116		report based on its evaluation to the legislature not later than
115		-	~~September~~ 1, ~~2022~~.
	117	+	December 1, 2021.
116	118		(c) The Department of State Health Services shall improve
117	119		standardized data collection and reporting by the department,
118	120		laboratories, health care facilities, local health departments,
119	121		and other entities as appropriate during a declared public health
120	122		disaster. The department shall identify current processes for and
121	123		barriers to standardized, regular, and consistent reporting and
122	124		shall collaborate on best practices to ensure that data collection
123	125		and reporting are consistent across state, regional, and local
124		-	levels. The department shall coordinate its analysis with regional
125		-	advisory councils, local health departments, laboratories, health
126		-	care facilities, and the Public Health Funding and Policy
127		-	Committee. The department shall implement best practices and
128		-	report its findings to the legislature not later than September 1,
129		-	2022.
	126	+	levels. The department shall coordinate its analysis with local
	127	+	health departments, laboratories, health care facilities, and the
	128	+	Public Health Funding and Policy Committee. The department shall
	129	+	implement best practices and report its findings to the legislature
	130	+	not later than December 1, 2021.
130	131		SECTION 5. As soon as practicable after the effective date
131	132		of this Act, the executive commissioner of the Health and Human
132	133		Services Commission shall adopt rules necessary to implement this
133	134		Act.
134	135		SECTION 6. Section 81.044(a), Health and Safety Code, as
135	136		amended by this Act, applies only to a report submitted on or after
136	137		January 1, 2023.
137	138		SECTION 7. (a) The Department of State Health Services is
138	139		required to implement this Act only if the legislature appropriates
139	140		money specifically for that purpose. If the legislature does not
140	141		appropriate money specifically for that purpose, the department
141	142		may, but is not required to, implement this Act using other
142	143		appropriations available for that purpose.
143	144		(b) The Department of State Health Services shall use any
144	145		available federal money to implement this Act.
145	146		SECTION 8. This Act takes effect September 1, 2021.
146		-	______________________________ ______________________________
147		-	President of the Senate Speaker of the House
148		-	I hereby certify that S.B. No. 969 passed the Senate on
149		-	April 21, 2021, by the following vote: Yeas 31, Nays 0; and that
150		-	the Senate concurred in House amendment on May 30, 2021, by the
151		-	following vote: Yeas 31, Nays 0.
152		-	______________________________
153		-	Secretary of the Senate
154		-	I hereby certify that S.B. No. 969 passed the House, with
155		-	amendment, on May 26, 2021, by the following vote: Yeas 142,
156		-	Nays 4, two present not voting.
157		-	______________________________
158		-	Chief Clerk of the House
159		-	Approved:
160		-	______________________________
161		-	Date
162		-	______________________________
163		-	Governor