87S30086 JG-D
By: White H.B. No. 94
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a COVID-19 health information
clearinghouse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 108A to read as follows:
CHAPTER 108A. COVID-19 HEALTH INFORMATION CLEARINGHOUSE
Sec. 108A.001. DEFINITIONS. In this chapter:
(1) "Clearinghouse" means the COVID-19 health
information clearinghouse established under this chapter.
(2) "COVID-19" means the 2019 novel coronavirus
disease.
(3) "Division" means the Texas Division of Emergency
Management.
(4) "Health care provider" means a health facility
licensed to provide health care services in this state or a health
care practitioner licensed in this state.
Sec. 108A.002. ESTABLISHMENT OF CLEARINGHOUSE. (a) The
department, in collaboration with the commission, division, and
members of the medical community in this state, shall establish a
COVID-19 health information clearinghouse to serve as a central
repository of COVID-19 health information.
(b) The department shall administer the clearinghouse by
maintaining an Internet portal accessible through the department's
Internet website that allows health care providers to submit and
the public to access health information related to COVID-19.
(c) In establishing the clearinghouse, the department,
commission, and division shall develop and implement guidelines to
ensure that each health care provider submits relevant COVID-19
health information through the Internet portal in a manner and at
times determined appropriate by those agencies to ensure the
clearinghouse maintains accurate and current information on
COVID-19. The clearinghouse at a minimum must include information
on:
(1) the total number of individuals who are vaccinated
against COVID-19 in this state, including the total number of
individuals who are fully immunized against COVID-19;
(2) the total number and percentage of individuals
who:
(A) have obtained at least one dose of a COVID-19
vaccine;
(B) are fully immunized against COVID-19 after
obtaining all medically recommended doses of the vaccine;
(C) have tested positive for COVID-19; and
(D) are hospitalized in this state for COVID-19;
(3) the total number and percentage of deaths in this
state of individuals who were vaccinated against COVID-19 and for
which COVID-19 was determined to be the cause of or a contributing
factor to death; and
(4) subject to Subsection (f), relevant demographic
data determined appropriate by those agencies.
(d) A health care provider may submit additional
information to be included in the clearinghouse on COVID-19
treatments administered by the provider, health outcomes related to
those treatments, and any relevant demographic data.
(e) In establishing the clearinghouse, the department,
commission, and division shall ensure the clearinghouse:
(1) aggregates COVID-19 health information submitted
under this section in an open-source format that is
machine-readable and allows the public to easily access and
navigate the information; and
(2) allows the public to search the information at a
minimum by the categories described by Subsection (c).
(f) In establishing the clearinghouse, the department,
commission, and division shall ensure COVID-19 health information
submitted by health care providers or accessible to the public
through the clearinghouse does not disclose a patient's personally
identifiable information or information that is confidential under
state or federal law.
Sec. 108A.003. MEMORANDUM OF UNDERSTANDING. The
department, commission, and division may enter into a memorandum of
understanding that:
(1) ensures the clearinghouse is administered and
maintained in accordance with this chapter, including by
identifying and establishing enforcement mechanisms for that
purpose; and
(2) defines each agency's responsibilities with
respect to establishing or administering the clearinghouse.
SECTION 2. As soon as practicable after the effective date
of this Act, the Department of State Health Services shall
establish the COVID-19 health information clearinghouse as
required by Chapter 108A, Health and Safety Code, as added by this
Act.
SECTION 3. This Act takes effect on the 91st day after the
last day of the legislative session.