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.