Texas 2021 - 87th 3rd C.S.

Texas House Bill HB94 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S30086 JG-D
2	2	By: White H.B. No. 94
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a COVID-19 health information
8	8	clearinghouse.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 108A to read as follows:
12	12	CHAPTER 108A. COVID-19 HEALTH INFORMATION CLEARINGHOUSE
13	13	Sec. 108A.001. DEFINITIONS. In this chapter:
14	14	(1) "Clearinghouse" means the COVID-19 health
15	15	information clearinghouse established under this chapter.
16	16	(2) "COVID-19" means the 2019 novel coronavirus
17	17	disease.
18	18	(3) "Division" means the Texas Division of Emergency
19	19	Management.
20	20	(4) "Health care provider" means a health facility
21	21	licensed to provide health care services in this state or a health
22	22	care practitioner licensed in this state.
23	23	Sec. 108A.002. ESTABLISHMENT OF CLEARINGHOUSE. (a) The
24	24	department, in collaboration with the commission, division, and
25	25	members of the medical community in this state, shall establish a
26	26	COVID-19 health information clearinghouse to serve as a central
27	27	repository of COVID-19 health information.
28	28	(b) The department shall administer the clearinghouse by
29	29	maintaining an Internet portal accessible through the department's
30	30	Internet website that allows health care providers to submit and
31	31	the public to access health information related to COVID-19.
32	32	(c) In establishing the clearinghouse, the department,
33	33	commission, and division shall develop and implement guidelines to
34	34	ensure that each health care provider submits relevant COVID-19
35	35	health information through the Internet portal in a manner and at
36	36	times determined appropriate by those agencies to ensure the
37	37	clearinghouse maintains accurate and current information on
38	38	COVID-19. The clearinghouse at a minimum must include information
39	39	on:
40	40	(1) the total number of individuals who are vaccinated
41	41	against COVID-19 in this state, including the total number of
42	42	individuals who are fully immunized against COVID-19;
43	43	(2) the total number and percentage of individuals
44	44	who:
45	45	(A) have obtained at least one dose of a COVID-19
46	46	vaccine;
47	47	(B) are fully immunized against COVID-19 after
48	48	obtaining all medically recommended doses of the vaccine;
49	49	(C) have tested positive for COVID-19; and
50	50	(D) are hospitalized in this state for COVID-19;
51	51	(3) the total number and percentage of deaths in this
52	52	state of individuals who were vaccinated against COVID-19 and for
53	53	which COVID-19 was determined to be the cause of or a contributing
54	54	factor to death; and
55	55	(4) subject to Subsection (f), relevant demographic
56	56	data determined appropriate by those agencies.
57	57	(d) A health care provider may submit additional
58	58	information to be included in the clearinghouse on COVID-19
59	59	treatments administered by the provider, health outcomes related to
60	60	those treatments, and any relevant demographic data.
61	61	(e) In establishing the clearinghouse, the department,
62	62	commission, and division shall ensure the clearinghouse:
63	63	(1) aggregates COVID-19 health information submitted
64	64	under this section in an open-source format that is
65	65	machine-readable and allows the public to easily access and
66	66	navigate the information; and
67	67	(2) allows the public to search the information at a
68	68	minimum by the categories described by Subsection (c).
69	69	(f) In establishing the clearinghouse, the department,
70	70	commission, and division shall ensure COVID-19 health information
71	71	submitted by health care providers or accessible to the public
72	72	through the clearinghouse does not disclose a patient's personally
73	73	identifiable information or information that is confidential under
74	74	state or federal law.
75	75	Sec. 108A.003. MEMORANDUM OF UNDERSTANDING. The
76	76	department, commission, and division may enter into a memorandum of
77	77	understanding that:
78	78	(1) ensures the clearinghouse is administered and
79	79	maintained in accordance with this chapter, including by
80	80	identifying and establishing enforcement mechanisms for that
81	81	purpose; and
82	82	(2) defines each agency's responsibilities with
83	83	respect to establishing or administering the clearinghouse.
84	84	SECTION 2. As soon as practicable after the effective date
85	85	of this Act, the Department of State Health Services shall
86	86	establish the COVID-19 health information clearinghouse as
87	87	required by Chapter 108A, Health and Safety Code, as added by this
88	88	Act.
89	89	SECTION 3. This Act takes effect on the 91st day after the
90	90	last day of the legislative session.