The bill would amend Health and Safety Code to require the Health and Human Services Commission (HHSC) to collaborate with the Department of State Health Services and the Texas Division of Emergency Management (TDEM) to establish and a maintain a registry of medically fragile individuals for use as a single repository to aid, coordinate, and promote an efficient response for supporting these individuals in an area that is subject to a state of disaster, experiencing an extended power, water, or gas outage or any other event requiring a wellness check.
The bill would require the executive commissioner of HHSC in consultation with TDEM to develop guidelines ensuring the registry protects confidentiality, is compliant with the federal Health Insurance Portability and Accountability Act of 1996, and meets certain consent requirements. A medically fragile individual or the individual's legally authorized representative would need to consent to the individual's inclusion on the registry.
The bill would require the executive commissioner of HHSC to adopt rules regarding the persons who would be authorized to access the registry. HHSC would collaborate with persons who have access to the registry and with applicable municipalities and counties to ensure that each medically fragile individual listed in the registry and located in an area that experiences an applicable event has a wellness check conducted on the individuals to ensure the individual has continuity of care and able to continue using electrically powered medical equipment. The executive commissioner of HHSC would adopt rules and develop minimum standards for wellness checks that each county and municipality would be required to adopt procedures for conducting wellness checks in compliance with the minimum standards. A wellness check would be required to be conducted as soon as practicable but not later than 24 hours after the event requiring a wellness check to occur.