BG C.S.H.B. 561 75(R)BILL ANALYSIS PUBLIC HEALTH C.S.H.B. 561 By: Hochberg 4-10-97 Committee Report (Substituted) BACKGROUND No general statute currently exists that allows health regulatory agencies to share information concerning an ongoing investigation with another agency, unless the agency is conducting a criminal investigation. When a violation occurs and a regulatory agency commences an investigation, they cannot report to another agency any information concerning violations of a rule or statute enforced by another agency. This lack of communication leads to duplicative investigations or non-enforcement of penalties against those who violate the rules or statutes of an agency not directly involved in the investigation. PURPOSE CSHB 561 will provide an avenue for the exchange of information between health care regulatory agencies. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 7 of the Government Code by adding Chapter 774, as follows: Sec. 774.001 defines health care provider, health care regulatory agency, license, and regulatory agency. Sec. 774.002 entitled, "Duty to Exchange Information," is added as follows: Subsection (a) requires a health care regulatory agency to forward any pertinent information or determinations to another health care regulatory agency, if obtained during the course of an investigation or complaint review that may be grounds for the other health care regulatory agency to also conduct an investigative or disciplinary proceeding. Subsection (b) specifies that information relating to a violation of a rule or statute enforced by the other health care regulatory agency, or that in the good faith belief of the agency obtaining the information, is likely to lead to discovery of a violation, may be grounds for investigative or disciplinary action by another health care regulatory agency. Subsection (c) establishes that privileged or confidential information will retain its privileged or confidential nature. Provides that this privilege or confidentiality extends to any agency communication, regardless of form or manner or content. Subsections (d) and (e) establish that there are no waivers or exceptions to the confidentiality of the information, and that neither the provision of information nor the failure to provide information give rise to a cause of action against the agency. Sec. 774.003. entitled "Procedure for Exchange of Information," is added as follows: Subsection (a) requires a health care regulatory agency to establish and implement written procedures to ensure that the required forwarding of information is done by the 15th day after the agency determines that it is information believed to be grounds for another health care agency to conduct investigation or initiate disciplinary proceedings. Subsection (b) stipulates that an adopted procedure must provide that the executive head or designee of a health care agency may forward information as specified only to the executive head or designee of the appropriate health care regulatory agency. Subsection (c) provides the meaning of "executive head" as used in this section. SECTION 2. Provides that this act takes effect September 1, 1997, and is applicable only to information obtained on or after that date. Establishes that information obtained prior to the effective date is governed by existing law, which is continued in effect for that purpose. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE In SECTION 1, CSHB 561 adds language and creates additional subsections to the original bill's Sec. 774.003 for the sake of clarifying and specifying the exchange of information procedure of regulatory agencies.