H.B. No. 1048
1-1 AN ACT
1-2 relating to the creation of the Texas Health Care Information
1-3 Council; providing civil penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
1-6 amended by adding Chapter 108 to read as follows:
1-7 CHAPTER 108. TEXAS HEALTH CARE INFORMATION COUNCIL
1-8 Sec. 108.001. CREATION OF COUNCIL. The Texas Health Care
1-9 Information Council shall administer this chapter and report to the
1-10 governor, the legislature, and the public.
1-11 Sec. 108.002. DEFINITIONS. In this chapter:
1-12 (1) "Board" means the Texas Board of Health.
1-13 (2) "Charge" or "rate" means the amount billed by a
1-14 provider for specific procedures or services provided to a patient
1-15 before any adjustment for contractual allowances. The term does
1-16 not include copayment charges to health maintenance organization
1-17 enrollees by providers paid by capitation or salary in a health
1-18 maintenance organization.
1-19 (3) "Council" means the Texas Health Care Information
1-20 Council.
1-21 (4) "Data" means information collected under Section
1-22 108.009 in the form initially received.
1-23 (5) "Department" means the Texas Department of Health.
1-24 (6) "Health care facility" means:
2-1 (A) a hospital;
2-2 (B) an ambulatory surgical center licensed under
2-3 Chapter 243;
2-4 (C) a chemical dependency treatment facility
2-5 licensed under Chapter 464;
2-6 (D) a renal dialysis facility;
2-7 (E) a birthing center;
2-8 (F) a rural health clinic; or
2-9 (G) a federally qualified health center as
2-10 defined by 42 U.S.C. Section 1396d(l)(2)(B).
2-11 (7) "Health maintenance organization" means an
2-12 organization as defined in Section 2, Texas Health Maintenance
2-13 Organization Act (Article 20A.02, Vernon's Texas Insurance Code).
2-14 (8) "Hospital" means a public, for-profit, or
2-15 nonprofit institution licensed or owned by this state that is a
2-16 general or special hospital, private mental hospital, chronic
2-17 disease hospital, or other type of hospital.
2-18 (9) "Outcome data" means measures related to the
2-19 provision of care, including:
2-20 (A) patient demographic information;
2-21 (B) patient length of stay;
2-22 (C) mortality;
2-23 (D) co-morbidity;
2-24 (E) complications; and
2-25 (F) charges.
2-26 (10) "Physician" means an individual licensed under
2-27 the laws of this state to practice medicine under the Medical
3-1 Practice Act (Article 4495b, Vernon's Texas Civil Statutes).
3-2 (11) "Provider" means a physician, health care
3-3 facility, or health maintenance organization.
3-4 (12) "Provider quality" means the extent to which a
3-5 provider renders care that, within the capabilities of modern
3-6 medicine, obtains for patients medically acceptable health outcomes
3-7 and prognoses, after severity adjustment.
3-8 (13) "Rural provider" means a provider located in:
3-9 (A) a county with a population of not more than
3-10 35,000;
3-11 (B) those portions of extended cities that the
3-12 United States Bureau of the Census has determined to be rural; or
3-13 (C) an area that is not delineated as an
3-14 urbanized area by the United States Bureau of the Census.
3-15 (14) "Severity adjustment" means a method to stratify
3-16 patient groups by degrees of illness and mortality.
3-17 (15) "Uniform patient identifier" means a number
3-18 assigned to an individual patient and composed of numeric, alpha,
3-19 or alphanumeric characters.
3-20 (16) "Uniform physician identifier" means a number
3-21 assigned to an individual physician and composed of numeric, alpha,
3-22 or alphanumeric characters.
3-23 Sec. 108.003. COUNCIL COMPOSITION; EXPENSES. (a) The
3-24 council is composed of three nonvoting ex officio state agency
3-25 members and 15 members appointed by the governor in accordance with
3-26 this section.
3-27 (b) The nonvoting ex officio members of the council are:
4-1 (1) the commissioner of public health;
4-2 (2) the commissioner of health and human services; and
4-3 (3) the commissioner of insurance.
4-4 (c) The governor shall appoint the following members of the
4-5 council:
4-6 (1) three representatives of the business community,
4-7 with at least one representing small businesses, who are purchasers
4-8 of health care but who are not involved in the provision of health
4-9 care or health insurance;
4-10 (2) two representatives from labor, one of whom is not
4-11 directly involved with management of health care benefits;
4-12 (3) two representatives of consumers who are not
4-13 professionally involved in the purchase, provision, administration,
4-14 or review of health care or health care insurance;
4-15 (4) two representatives of hospitals;
4-16 (5) one representative of health maintenance
4-17 organizations;
4-18 (6) three representatives of physicians who are
4-19 involved in direct patient care; and
4-20 (7) two members who are not professionally involved in
4-21 the purchase, provision, administration, or review of health care
4-22 or health care insurance and who have expertise in:
4-23 (A) health planning;
4-24 (B) health economics;
4-25 (C) provider quality assurance;
4-26 (D) statistics or health data management; or
4-27 (E) the reimbursement of medical education and
5-1 research costs.
5-2 (d) The chairman is appointed by and serves at the pleasure
5-3 of the governor. Members annually shall elect a vice chairman.
5-4 (e) A majority of voting members constitutes a quorum for
5-5 the transaction of any business. An act by the majority of the
5-6 voting members present at any meeting at which there is a quorum is
5-7 considered to be an act of the council.
5-8 (f) The council may appoint subcommittees and may elect any
5-9 officers subordinate to those provided for in Subsection (d).
5-10 (g) The council shall appoint technical advisory committees.
5-11 The technical advisory committees shall work in coordination with
5-12 each other and may consult with other professionals, as necessary.
5-13 The technical advisory committees shall include:
5-14 (1) a technical advisory committee that includes,
5-15 among other individuals, at least five practicing physicians
5-16 licensed in this state to provide advice and recommendations to the
5-17 council on:
5-18 (A) the development and implementation of the
5-19 methodology and the interpretation of provider quality data under
5-20 Section 108.010; and
5-21 (B) the development and dissemination of
5-22 consumer education information and materials;
5-23 (2) a technical advisory committee composed of at
5-24 least five practicing physicians licensed in this state who have
5-25 been actively engaged in organized peer review at a hospital in
5-26 this state to provide advice, recommendations, and peer review
5-27 expertise to the council on:
6-1 (A) the use of peer review in the determination
6-2 of quality inpatient care;
6-3 (B) the development and interpretation of data
6-4 elements necessary to the determination of quality inpatient care;
6-5 and
6-6 (C) the development and format of reports and
6-7 information relating to provider quality;
6-8 (3) a technical advisory committee composed of
6-9 individuals who have expertise in the reimbursement of medical
6-10 education and research costs; and
6-11 (4) a technical advisory committee composed of
6-12 representatives of health maintenance organizations to assist the
6-13 council in complying with Section 108.009(o).
6-14 (h) A member of the council may not receive compensation for
6-15 service on the council. However, the member shall be reimbursed
6-16 for the member's actual and necessary meals, lodging,
6-17 transportation, and incidental expenses if incurred while
6-18 performing council business.
6-19 (i) A member of an advisory committee appointed by the
6-20 council may not receive compensation or reimbursement of any
6-21 expense incurred while serving on the committee.
6-22 (j) Appointments to the council shall be made without regard
6-23 to the race, color, disability, sex, religion, age, or national
6-24 origin of appointees. Additionally, in making the appointments to
6-25 the council, the governor shall consider geographical
6-26 representation.
6-27 (k) A person may not serve as a member of the council if the
7-1 person is required to register as a lobbyist under Chapter 305,
7-2 Government Code, because of the person's activities for
7-3 compensation on behalf of a profession related to the operation of
7-4 the council.
7-5 Sec. 108.004. MEETINGS. (a) The council, council
7-6 subcommittees, and technical advisory committees are subject to the
7-7 open meetings law, Chapter 551, Government Code.
7-8 (b) The council shall meet as often as necessary, but not
7-9 less often than quarterly, to perform its duties under this
7-10 chapter.
7-11 (c) The council shall publish a notice of its meetings in at
7-12 least four newspapers of general circulation in this state.
7-13 Sec. 108.005. TERMS. (a) The terms of the agency members
7-14 are concurrent with their terms of office. The appointed council
7-15 members serve six-year staggered terms, with the terms of five
7-16 members expiring September 1 of each odd-numbered year.
7-17 (b) An appointed member may not serve more than two full
7-18 consecutive terms.
7-19 (c) It is a ground for removal from the council if a member
7-20 of the council:
7-21 (1) does not have at the time of appointment the
7-22 qualifications required by Section 108.003;
7-23 (2) does not maintain during service the
7-24 qualifications required by Section 108.003;
7-25 (3) cannot discharge the member's duties for a
7-26 substantial part of the term for which the member is appointed
7-27 because of illness or disability; or
8-1 (4) fails to attend at least one-half of the regularly
8-2 scheduled meetings that the member is eligible to attend during a
8-3 calendar year.
8-4 Sec. 108.006. POWERS AND DUTIES OF COUNCIL. (a) The
8-5 council shall develop a statewide health care data collection
8-6 system to collect health care charges, utilization data, provider
8-7 quality data, and outcome data to facilitate the promotion and
8-8 accessibility of cost-effective, good quality health care. The
8-9 council shall:
8-10 (1) direct the collection, dissemination, and analysis
8-11 of data under this chapter;
8-12 (2) contract with the department to collect the data
8-13 under this chapter;
8-14 (3) adopt policies and rules necessary to carry out
8-15 this chapter, including rules concerning data collection
8-16 requirements;
8-17 (4) build on and not duplicate other data collection
8-18 required by state or federal law, by an accreditation organization,
8-19 or by board rule;
8-20 (5) working with appropriate agencies, review public
8-21 health data collection programs in this state and recommend, where
8-22 appropriate, consolidation of the programs and any legislation
8-23 necessary to effect the consolidation;
8-24 (6) assure that data collected is made available and
8-25 accessible to interested persons;
8-26 (7) prescribe by rule a format for providers to submit
8-27 data consistent with Section 108.009;
9-1 (8) adopt by rule and implement a methodology to
9-2 collect and disseminate data reflecting provider quality in
9-3 accordance with Section 108.010;
9-4 (9) make reports to the legislature, the governor, and
9-5 the public on:
9-6 (A) the charges and rate of change in the
9-7 charges for health care services in this state;
9-8 (B) the effectiveness of the council in carrying
9-9 out the legislative intent of this chapter;
9-10 (C) if applicable, any recommendations on the
9-11 need for further legislation; and
9-12 (D) the quality and effectiveness of health care
9-13 and access to health care for all citizens of this state;
9-14 (10) develop an annual work plan and establish
9-15 priorities to accomplish its duties;
9-16 (11) provide consumer education on the interpretation
9-17 and understanding of the information that is released to the
9-18 public;
9-19 (12) work with the Health and Human Services
9-20 Commission and each health and human services agency that
9-21 administers a part of the state Medicaid program to avoid
9-22 duplication of expenditures of state funds for computer systems,
9-23 staff, or services in the collection and analysis of data relating
9-24 to the state Medicaid program; and
9-25 (13) work with the Department of Information Resources
9-26 in developing and implementing the statewide health care data
9-27 collection system and maintain consistency with Department of
10-1 Information Resources standards.
10-2 (b) The council may:
10-3 (1) employ or contract with the department to employ
10-4 an executive director and other staff, including administrative and
10-5 legal personnel, necessary to comply with this chapter and rules
10-6 adopted under this chapter;
10-7 (2) engage professional consultants as it considers
10-8 necessary to the performance of its duties;
10-9 (3) adopt rules clarifying which health care
10-10 facilities must provide data under this chapter; and
10-11 (4) apply for and receive any appropriation, donation,
10-12 or other funds from the state or federal government or any other
10-13 public or private source, subject to Section 108.015 and
10-14 limitations and conditions provided by legislative appropriation.
10-15 (c) The council may not establish or recommend rates of
10-16 payment for health care services.
10-17 (d) The council may not take an action that affects or
10-18 relates to the validity, status, or terms of a department
10-19 interagency agreement or a contract without the board's approval.
10-20 (e) In the collection of data, the council shall consider
10-21 the research and initiatives being pursued by the United States
10-22 Department of Health and Human Services, the National Committee for
10-23 Quality Assurance, and the Joint Commission on Accreditation of
10-24 Healthcare Organizations to reduce potential duplication or
10-25 inconsistencies. The council may not adopt rules that conflict
10-26 with or duplicate any federally mandated data collection programs
10-27 or requirements of comparable scope.
11-1 Sec. 108.007. REVIEW POWERS. (a) The council, through the
11-2 department and subject to reasonable rules and guidelines, may:
11-3 (1) inspect documents and records used by data sources
11-4 that are required to compile data and reports; and
11-5 (2) compel providers to produce accurate documents and
11-6 records.
11-7 (b) The council may enter into a memorandum of understanding
11-8 with a state agency, including the division of the Health and Human
11-9 Services Commission responsible for the state Medicaid program, or
11-10 with a school of public health or another institution of higher
11-11 education, to share data and expertise, to obtain data for the
11-12 council, or to make data available to the council. An agreement
11-13 entered into under this subsection must protect patient
11-14 confidentiality.
11-15 Sec. 108.008. DUTIES OF DEPARTMENT. (a) The department, as
11-16 the state health planning and development agency under Chapter 104,
11-17 is responsible for the collection of data under Chapter 311.
11-18 (b) The department shall:
11-19 (1) contract with the council to collect data under
11-20 this chapter;
11-21 (2) provide administrative and legal assistance to the
11-22 council in accordance with rules adopted by the board after
11-23 consulting with the council and set out in the contract with the
11-24 council;
11-25 (3) coordinate administrative responsibilities with
11-26 the council to avoid unnecessary duplication of the collection of
11-27 data and other duties;
12-1 (4) give the council access to data collected by the
12-2 department on request of the council;
12-3 (5) submit or assist in the council's budget request
12-4 to the legislature; and
12-5 (6) work with the Department of Information Resources
12-6 in developing and implementing the statewide health care data
12-7 collection system and maintain consistency with Department of
12-8 Information Resources standards.
12-9 (c) The department may not take an action that affects or
12-10 relates to the validity, status, or terms of a council interagency
12-11 agreement or a contract without the council's approval.
12-12 Sec. 108.009. DATA SUBMISSION AND COLLECTION. (a) The
12-13 council may collect, and, except as provided by Subsections (c) and
12-14 (d), providers shall submit to the council or another entity as
12-15 determined by the council, all data required by this section. The
12-16 data shall be collected according to uniform submission formats,
12-17 coding systems, and other technical specifications necessary to
12-18 make the incoming data substantially valid, consistent, compatible,
12-19 and manageable using electronic data processing, if available.
12-20 (b) The council shall adopt rules to implement the data
12-21 submission requirements imposed by Subsection (a) in appropriate
12-22 stages to allow for the development of efficient systems for the
12-23 collection and submission of the data.
12-24 (c) A rural provider may, but is not required to, provide
12-25 the data required by this section.
12-26 (d) The council may not collect data from individual
12-27 physicians or from an entity that is composed entirely of
13-1 physicians and that is a professional association organized under
13-2 the Texas Professional Association Act (Article 1528f, Vernon's
13-3 Texas Civil Statutes), a limited liability partnership organized
13-4 under Section 3.08, Texas Revised Partnership Act (Article
13-5 6132b-3.08, Vernon's Texas Civil Statutes), or a limited liability
13-6 company organized under the Texas Limited Liability Company Act
13-7 (Article 1528n, Vernon's Texas Civil Statutes), except to the
13-8 extent the entity owns and operates a health care facility in this
13-9 state. This subsection does not prohibit the release of data about
13-10 physicians that has been collected from a health care facility
13-11 under this chapter.
13-12 (e) The council shall establish the department as the single
13-13 collection point for receipt of data from providers. With the
13-14 approval of the council and the board, the department may transfer
13-15 collection of any data required to be collected by the department
13-16 under any other law to the statewide health care data collection
13-17 system.
13-18 (f) The council may not require providers to submit data
13-19 more frequently than quarterly, but providers may submit data on a
13-20 more frequent basis.
13-21 (g) The council shall coordinate data collection with the
13-22 data collection formats used by federally qualified health centers.
13-23 To satisfy the requirements of this chapter:
13-24 (1) a federally qualified health center shall submit
13-25 annually to the council a copy of the Medicaid cost report of
13-26 federally qualified health centers; and
13-27 (2) a provider receiving federal funds under 42 U.S.C.
14-1 Section 254b, 254c, or 256 shall submit annually to the council a
14-2 copy of the Bureau of Common Reporting Requirements data report
14-3 developed by the United States Public Health Service.
14-4 (h) The council shall, to the extent feasible, coordinate
14-5 data collection with the data collection formats used by hospitals
14-6 and other providers. The council shall accept data in the format
14-7 developed by the National Uniform Billing Committee (Uniform
14-8 Hospital Billing Form UB 92) and HCFA-1500 or their successors or
14-9 other universally accepted standardized forms approved by the
14-10 council.
14-11 (i) The council shall develop by rule reasonable alternate
14-12 data submission procedures for providers that do not possess
14-13 electronic data processing capacity.
14-14 (j) The council shall collect data and disseminate reports
14-15 reflecting provider quality in accordance with Section 108.010.
14-16 (k) In developing the statewide health care data collection
14-17 system, the council shall identify health care data elements
14-18 relating to health care charges, provider quality, payer type, the
14-19 outcome data related to health care services, and the use of health
14-20 care services by consumers.
14-21 (l) The council shall develop and implement a health care
14-22 information plan to be used by the department to:
14-23 (1) support public health and preventive health
14-24 initiatives;
14-25 (2) assist in the delivery of primary and preventive
14-26 health care services;
14-27 (3) facilitate the establishment of appropriate
15-1 benchmark data to measure performance improvements;
15-2 (4) establish and maintain a systematic approach for
15-3 the collection, storage, and analysis of health care data for
15-4 longitudinal, epidemiological, and policy impact studies; and
15-5 (5) develop and use system-based protocols to identify
15-6 individuals and populations at risk.
15-7 (m) To the extent feasible, the council shall obtain from
15-8 public records the information that is available from those
15-9 records.
15-10 (n) The council shall develop the statewide health care data
15-11 collection system in accordance with Department of Information
15-12 Resources standards.
15-13 (o) A health maintenance organization shall annually submit
15-14 to the council aggregate data by service area required by the
15-15 Health Plan Employer Data Information Set (HEDIS) as operated by
15-16 the National Committee for Quality Assurance. The council may
15-17 approve the submission of data in accordance with other methods
15-18 generally used by the health maintenance organization industry.
15-19 This subsection does not relieve a health care facility that
15-20 provides services to a health maintenance organization from the
15-21 requirements of this chapter.
15-22 Sec. 108.010. COLLECTION AND DISSEMINATION OF PROVIDER
15-23 QUALITY DATA. (a) Subject to Section 108.009, the council shall
15-24 collect data reflecting provider quality based on a methodology and
15-25 review process established through the council's rulemaking
15-26 process. The methodology shall identify and measure quality
15-27 standards and adhere to any federal mandates.
16-1 (b) After a majority of the council has been appointed, the
16-2 council shall study and analyze initial methodologies for obtaining
16-3 provider quality data. The council shall adopt an initial
16-4 methodology not later than January 1, 1997, but may not adopt the
16-5 initial methodology before the first anniversary of the date on
16-6 which a majority of the council is appointed. If the council
16-7 determines additional time for development of the initial
16-8 methodology is needed, the council, by a two-thirds vote of the
16-9 full council, may extend the deadline established by this
16-10 subsection for adopting the initial methodology.
16-11 (c) The council shall test the methodology by collecting
16-12 provider quality data for one year, subject to Section 108.009.
16-13 The council may test using pilot methodologies. After collecting
16-14 provider quality data for one year, the council shall report
16-15 findings applicable to a provider to that provider and allow the
16-16 provider to review and comment on the initial quality outcome data
16-17 applicable to that provider. The council shall verify the accuracy
16-18 of the data during this review and revision process. After the
16-19 review and revision process, quality outcome data for subsequent
16-20 reports shall be published and made available to the public, on a
16-21 time schedule the council considers appropriate.
16-22 (d) If the council determines that quality outcome data to
16-23 be published under Subsection (c) does not provide the intended
16-24 result or is inaccurate or inappropriate for dissemination, the
16-25 council is not required to publish the data or reports based in
16-26 whole or in part on the data. This subsection does not affect the
16-27 release of data collected under Section 108.009.
17-1 (e) The council shall adopt rules allowing a provider to
17-2 submit written comments regarding any specific data to be released
17-3 concerning the provider. The comments may be attached to any
17-4 public release of data.
17-5 (f) The methodology adopted by the council for measuring
17-6 quality shall include case-mix qualifiers, severity adjustment
17-7 factors, adjustments for medical education and research, and any
17-8 other factors necessary to accurately reflect provider quality.
17-9 (g) In addition to the requirements of this section, any
17-10 release of provider quality data shall comply with Sections
17-11 108.011(d)-(f).
17-12 (h) A quality outcome data report may not identify an
17-13 individual physician by name, but must identify the physician by
17-14 the uniform physician identifier designated by the council under
17-15 Section 108.011(c).
17-16 Sec. 108.011. DATA DISSEMINATION AND PUBLICATION. (a) The
17-17 council shall promptly provide data to those requesting it, subject
17-18 to the restrictions on access to council data prescribed by
17-19 Sections 108.010 and 108.013.
17-20 (b) Subject to the restrictions on access to council data
17-21 prescribed by Sections 108.010 and 108.013, and using the data
17-22 collected under Section 108.009 and other data, records, and
17-23 matters of record available to it, the council shall prepare and
17-24 issue reports to the governor, the legislature, and the public as
17-25 provided by this section and Section 108.006(a). The council must
17-26 issue the reports at least annually.
17-27 (c) Subject to the restrictions on access to council data
18-1 prescribed by Sections 108.010 and 108.013, the council shall
18-2 prepare and issue reports that provide information relating to
18-3 providers, such as the incidence rate of selected medical or
18-4 surgical procedures and the provider quality. The reports must
18-5 provide the data in a manner that identifies individual providers
18-6 and that identifies and compares data elements for all providers.
18-7 Individual physicians may not be identified by name, but shall be
18-8 identified by uniform physician identifiers. The council by rule
18-9 shall designate the characters to be used as uniform physician
18-10 identifiers.
18-11 (d) The council shall adopt procedures to verify the
18-12 accuracy of the data before a report containing the data is
18-13 released to the public.
18-14 (e) If provider data is requested from the council for a
18-15 specific provider, the council shall notify the provider about the
18-16 release of the data. This subsection does not authorize the
18-17 provider to interfere with the release of that data.
18-18 (f) A report issued by the council shall include a
18-19 reasonable review and comment period for the affected providers
18-20 before public release of the report.
18-21 Sec. 108.012. COMPUTER ACCESS TO DATA. (a) The council
18-22 shall provide a means for computer-to-computer access to the data.
18-23 All reports shall maintain patient confidentiality as provided by
18-24 Section 108.013.
18-25 (b) The council may charge a person requesting data a fee
18-26 for the data. The fees may reflect the quantity of information
18-27 provided and the expense incurred by the council in collecting and
19-1 providing the data and shall be set at a level that will raise
19-2 revenue sufficient for the operation of the council. The council
19-3 may not charge a fee for providing data to another state agency.
19-4 Sec. 108.013. CONFIDENTIALITY AND GENERAL ACCESS TO DATA.
19-5 (a) The data received by the council shall be used by the council
19-6 for the benefit of the public. The council is subject to the open
19-7 records law, Chapter 552, Government Code. Subject to specific
19-8 limitations established by this chapter and council rule, the
19-9 council shall make determinations on requests for information in
19-10 favor of access.
19-11 (b) The council by rule shall designate the characters to be
19-12 used by providers as uniform patient identifiers.
19-13 (c) Unless specifically authorized by this chapter, the
19-14 council may not release and a person or entity may not gain access
19-15 to any data:
19-16 (1) that could reasonably be expected to reveal the
19-17 identity of a patient or physician or that reveals the zip code of
19-18 a patient's primary residence;
19-19 (2) disclosing provider discounts or differentials
19-20 between payments and billed charges; or
19-21 (3) relating to actual payments to an identified
19-22 provider made by a payer.
19-23 (d) All data collected and used by the department and the
19-24 council under this chapter is subject to the confidentiality
19-25 provisions and criminal penalties of:
19-26 (1) Section 311.037;
19-27 (2) Section 81.103; and
20-1 (3) Section 5.08, Medical Practice Act (Article 4495b,
20-2 Vernon's Texas Civil Statutes).
20-3 (e) Data on patients and physicians and compilations,
20-4 reports, or analyses produced from the data collected that identify
20-5 patients and physicians are not:
20-6 (1) subject to discovery, subpoena, or other means of
20-7 legal compulsion for release to any person or entity except as
20-8 provided by this section; or
20-9 (2) admissible in any civil, administrative, or
20-10 criminal proceeding.
20-11 (f) Notwithstanding Subsection (c)(1), the council may use
20-12 zip code information to analyze data on a geographic basis.
20-13 Sec. 108.014. CIVIL PENALTY. (a) A person who knowingly or
20-14 negligently releases data in violation of this chapter is liable
20-15 for a civil penalty of not more than $10,000.
20-16 (b) A person who fails to supply available data under
20-17 Sections 108.009 and 108.010 is liable for a civil penalty of not
20-18 less than $1,000 or more than $10,000 for each act of violation.
20-19 (c) The attorney general, at the request of the council,
20-20 shall enforce this chapter.
20-21 Sec. 108.015. CONFLICT OF INTEREST. The council may not
20-22 accept a donation from a person required to provide data under this
20-23 chapter or from a person or business entity who provides goods or
20-24 services to the council for compensation.
20-25 SECTION 2. Section 311.032(a), Health and Safety Code, is
20-26 amended to read as follows:
20-27 (a) The department shall establish a uniform reporting and
21-1 collection system for hospital financial and<,> utilization<, and
21-2 patient discharge> data.
21-3 SECTION 3. Section 311.035(c), Health and Safety Code, is
21-4 amended to read as follows:
21-5 (c) The department shall enter into an interagency agreement
21-6 with the Texas Department of Mental Health and Mental Retardation,
21-7 Texas Commission on Alcohol and Drug Abuse, and Texas Department of
21-8 Insurance relating to the mental health and chemical dependency
21-9 <hospital discharge> data collected under Section 311.0335. The
21-10 agreement shall address the collection, analysis, and sharing of
21-11 the data by the agencies.
21-12 SECTION 4. Subchapter C, Chapter 2054, Government Code, is
21-13 amended by adding Section 2054.0541 to read as follows:
21-14 Sec. 2054.0541. STATEWIDE HEALTH CARE DATA COLLECTION
21-15 SYSTEM. The department shall assist the Texas Health Care
21-16 Information Council and the Texas Department of Health with
21-17 planning, analyses, and management functions relating to the
21-18 procurement, use, and implementation of a statewide health care
21-19 data collection system under Chapter 108, Health and Safety Code.
21-20 SECTION 5. The following laws are repealed:
21-21 (1) Section 311.035(b), Health and Safety Code; and
21-22 (2) Section 311.034, Health and Safety Code.
21-23 SECTION 6. (a) The governor shall make appointments to the
21-24 Texas Health Care Information Council as soon as practicable after
21-25 the effective date of this Act.
21-26 (b) The governor shall make the initial appointments to the
21-27 Texas Health Care Information Council as follows:
22-1 (1) one representative of business, one representative
22-2 from labor, one representative of hospitals, one representative of
22-3 physicians, and one non-health-care professional member serve terms
22-4 expiring September 1, 1997;
22-5 (2) one representative of business, one consumer
22-6 representative, one representative of physicians, one
22-7 representative of hospitals, and the representative of a health
22-8 maintenance organization serve terms expiring September 1, 1999;
22-9 and
22-10 (3) one representative from labor, one representative
22-11 of business, one consumer representative, one representative of
22-12 physicians, and one non-health-care professional member serve terms
22-13 expiring September 1, 2001.
22-14 SECTION 7. Not later than December 1, 1996, the Texas Health
22-15 Care Information Council appointed under Chapter 108, Health and
22-16 Safety Code, as added by this Act, shall make recommendations under
22-17 Section 108.006(a)(5) of that code relating to consolidation of
22-18 health data collection programs existing on the effective date of
22-19 this Act, together with proposed legislation necessary to effect
22-20 any recommended consolidation.
22-21 SECTION 8. This Act takes effect September 1, 1995.
22-22 SECTION 9. The importance of this legislation and the
22-23 crowded condition of the calendars in both houses create an
22-24 emergency and an imperative public necessity that the
22-25 constitutional rule requiring bills to be read on three several
22-26 days in each house be suspended, and this rule is hereby suspended.