By Maxey H.B. No. 418
75R16 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to infection rates at hospitals.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 108, Health and Safety Code, is amended
1-5 by adding Section 108.0105 to read as follows:
1-6 Sec. 108.0105. COLLECTION OF HOSPITAL INFECTION RATE DATA.
1-7 (a) Each hospital shall report the infection rate for that
1-8 particular hospital to the council.
1-9 (b) The report shall be made at least quarterly and at the
1-10 times directed by the council.
1-11 (c) The council shall adopt the form of the report to be
1-12 made under this section. The council may require each hospital to
1-13 report additional information necessary for the council to comply
1-14 with Section 108.011(c).
1-15 SECTION 2. Section 108.011, Health and Safety Code, is
1-16 amended to read as follows:
1-17 Sec. 108.011. DATA DISSEMINATION AND PUBLICATION. (a) The
1-18 council shall promptly provide data to those requesting it, subject
1-19 to the restrictions on access to council data prescribed by
1-20 Sections 108.010 and 108.013.
1-21 (b) Subject to the restrictions on access to council data
1-22 prescribed by Sections 108.010 and 108.013, and using the data
1-23 collected under Sections [Section] 108.009 and 108.0105 and other
1-24 data, records, and matters of record available to it, the council
2-1 shall prepare and issue reports to the governor, the legislature,
2-2 and the public as provided by this section and Section 108.006(a).
2-3 The council must issue the reports at least annually.
2-4 (c) The reports prepared under Subsection (b) must include
2-5 an annual information report on infection rates in hospitals. The
2-6 report must identify each hospital required to report under Section
2-7 108.0105 and indicate the infection rate for each identified
2-8 hospital. The council shall include in the annual information
2-9 report any information that the council determines would be helpful
2-10 to individuals in evaluating hospitals based on the infection rate,
2-11 including information relating to the type of patients treated by
2-12 the hospital and the source of infection.
2-13 (d) Subject to the restrictions on access to council data
2-14 prescribed by Sections 108.010 and 108.013, the council shall
2-15 prepare and issue reports that provide information relating to
2-16 providers, such as the incidence rate of selected medical or
2-17 surgical procedures and the provider quality. The reports must
2-18 provide the data in a manner that identifies individual providers
2-19 and that identifies and compares data elements for all providers.
2-20 Individual physicians may not be identified by name, but shall be
2-21 identified by uniform physician identifiers. The council by rule
2-22 shall designate the characters to be used as uniform physician
2-23 identifiers.
2-24 (e) [(d)] The council shall adopt procedures to verify the
2-25 accuracy of the data before a report containing the data is
2-26 released to the public.
2-27 (f) [(e)] If provider data is requested from the council for
3-1 a specific provider, the council shall notify the provider about
3-2 the release of the data. This subsection does not apply to the
3-3 release of information relating to a particular hospital's
3-4 infection rate or authorize the provider to interfere with the
3-5 release of that data.
3-6 (g) [(f)] A report issued by the council shall include a
3-7 reasonable review and comment period for the affected providers
3-8 before public release of the report.
3-9 SECTION 3. Sections 108.010(g) and (h), Health and Safety
3-10 Code, are amended to read as follows:
3-11 (g) In addition to the requirements of this section, any
3-12 release of provider quality data shall comply with Sections
3-13 108.011(e)-(g) [108.011(d)-(f)].
3-14 (h) A quality outcome data report may not identify an
3-15 individual physician by name, but must identify the physician by
3-16 the uniform physician identifier designated by the council under
3-17 Section 108.011(d) [108.011(c)].
3-18 SECTION 4. The Texas Health Care Information Council shall
3-19 adopt any rules necessary to implement Section 108.0105, Health and
3-20 Safety Code, as added by this Act, and Section 108.011, Health and
3-21 Safety Code, as amended by this Act, not later than January 1,
3-22 1998, and shall require submission of the initial reports required
3-23 to be made under Section 108.0105 not later than May 1, 1998.
3-24 SECTION 5. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended,
4-2 and that this Act take effect and be in force from and after its
4-3 passage, and it is so enacted.