Texas 2025 89th Regular

Texas Senate Bill SB672 Analysis / Analysis

Filed 04/17/2025

                    BILL ANALYSIS        Senate Research Center   S.B. 672     89R1698 SRA-D   By: Hughes         Health & Human Services         4/17/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   S.B. 672 requires hospitals to submit their emergency department diversion plans to their licensing authority, the Health and Human Services Commission. "Diversion plan" is defined as a hospital's process for temporarily routing patients to other facilities when the hospital's capacity is significantly diminished, potentially leading to delayed care and worse health outcomes.   The bill applies to hospitals licensed under Chapter 241 with emergency departments or regularly providing emergency services. Hospitals must submit a summary of their diversion plans that address potential diversions due to cyber attacks or power outages.   If the diversion plan is changed, an updated summary must be submitted within 30 days of the changes being approved. Hospitals are not bound to follow their submitted diversion plan.   The summaries submitted to the commission are confidential and exempt from public disclosure under Chapter 552 of the Government Code.   As proposed, S.B. 672 amends current law relating to a requirement that certain hospitals submit a summary of parts of their emergency department diversion plans to the Health and Human Services Commission.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Subchapter B, Chapter 311, Health and Safety Code, by adding Section 311.025, as follows:   Sec. 311.025. SUMMARY OF CERTAIN PARTS OF EMERGENCY DEPARTMENT DIVERSION PLAN. (a) Defines "commission," "diversion plan," and "hospital."   (b) Provides that this section applies only to a hospital that has an emergency department or otherwise regularly provides emergency services.   (c) Requires a hospital to which this section applies to submit to the Health and Human Services Commission (HHSC) a written summary of the part of the hospital's diversion plan that addresses diversions from the hospital's emergency department in the event that the hospital experiences a cyber attack or an electrical power outage.   (d) Requires that a hospital, if the hospital to which this section applies makes changes to the part of the plan described by Subsection (c), to update the previously submitted summary and submit the updated summary to HHSC not later than the 30th day after the date the changes to the plan are adopted by the hospital's governing body or otherwise approved by the appropriate hospital administrator.   (e) Provides that a summary submitted to HHSC under this section is confidential and excepted from public disclosure under Chapter 552 (Public Information), Government Code.   SECTION 2. Requires that a hospital to which Section 311.025, Health and Safety Code, applies, not later than December 1, 2025, comply with the requirements of that section, as added by this Act.    SECTION 3. Effective date: September 1, 2025.

BILL ANALYSIS

Senate Research Center S.B. 672
89R1698 SRA-D By: Hughes
 Health & Human Services
 4/17/2025
 As Filed



Senate Research Center

S.B. 672

89R1698 SRA-D

By: Hughes

Health & Human Services

4/17/2025

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 672 requires hospitals to submit their emergency department diversion plans to their licensing authority, the Health and Human Services Commission. "Diversion plan" is defined as a hospital's process for temporarily routing patients to other facilities when the hospital's capacity is significantly diminished, potentially leading to delayed care and worse health outcomes.

The bill applies to hospitals licensed under Chapter 241 with emergency departments or regularly providing emergency services. Hospitals must submit a summary of their diversion plans that address potential diversions due to cyber attacks or power outages.

If the diversion plan is changed, an updated summary must be submitted within 30 days of the changes being approved. Hospitals are not bound to follow their submitted diversion plan.

The summaries submitted to the commission are confidential and exempt from public disclosure under Chapter 552 of the Government Code.

As proposed, S.B. 672 amends current law relating to a requirement that certain hospitals submit a summary of parts of their emergency department diversion plans to the Health and Human Services Commission.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter B, Chapter 311, Health and Safety Code, by adding Section 311.025, as follows:

Sec. 311.025. SUMMARY OF CERTAIN PARTS OF EMERGENCY DEPARTMENT DIVERSION PLAN. (a) Defines "commission," "diversion plan," and "hospital."

(b) Provides that this section applies only to a hospital that has an emergency department or otherwise regularly provides emergency services.

(c) Requires a hospital to which this section applies to submit to the Health and Human Services Commission (HHSC) a written summary of the part of the hospital's diversion plan that addresses diversions from the hospital's emergency department in the event that the hospital experiences a cyber attack or an electrical power outage.

(d) Requires that a hospital, if the hospital to which this section applies makes changes to the part of the plan described by Subsection (c), to update the previously submitted summary and submit the updated summary to HHSC not later than the 30th day after the date the changes to the plan are adopted by the hospital's governing body or otherwise approved by the appropriate hospital administrator.

(e) Provides that a summary submitted to HHSC under this section is confidential and excepted from public disclosure under Chapter 552 (Public Information), Government Code.

SECTION 2. Requires that a hospital to which Section 311.025, Health and Safety Code, applies, not later than December 1, 2025, comply with the requirements of that section, as added by this Act.

SECTION 3. Effective date: September 1, 2025.