75R11838 DLF-F
By Maxey, et al. H.B. No. 1616
Substitute the following for H.B. No. 1616:
By Berlanga C.S.H.B. No. 1616
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the functions and duties of the Texas Health Care
1-3 Information Council; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 108.002, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 108.002. DEFINITIONS. In this chapter:
1-8 (1) "Board" means the Texas Board of Health.
1-9 (2) "Charge" or "rate" means the amount billed by a
1-10 provider for specific procedures or services provided to a patient
1-11 before any adjustment for contractual allowances. The term does
1-12 not include copayment charges to enrollees in health benefit plans
1-13 charged [maintenance organization enrollees] by providers paid by
1-14 capitation or salary [in a health maintenance organization].
1-15 (3) "Council" means the Texas Health Care Information
1-16 Council.
1-17 (4) "Data" means information collected under Section
1-18 108.009 in the form initially received.
1-19 (5) "Department" means the Texas Department of Health.
1-20 (6) "Health benefit plan" means a plan provided by:
1-21 (A) a health maintenance organization; or
1-22 (B) an approved nonprofit health corporation
1-23 that is certified under Section 5.01(a), Medical Practice
1-24 Act (Article 4495b, Vernon's Texas Civil Statutes), and that
2-1 holds a certificate of authority issued by the commissioner of
2-2 insurance under Article 21.52F, Insurance Code.
2-3 (7) [(6)] "Health care facility" means:
2-4 (A) a hospital;
2-5 (B) an ambulatory surgical center licensed under
2-6 Chapter 243;
2-7 (C) a chemical dependency treatment facility
2-8 licensed under Chapter 464;
2-9 (D) a renal dialysis facility;
2-10 (E) a birthing center;
2-11 (F) a rural health clinic; or
2-12 (G) a federally qualified health center as
2-13 defined by 42 U.S.C. Section 1396d(l)(2)(B).
2-14 (8) [(7)] "Health maintenance organization" means an
2-15 organization as defined in Section 2, Texas Health Maintenance
2-16 Organization Act (Article 20A.02, Vernon's Texas Insurance Code).
2-17 (9) [(8)] "Hospital" means a public, for-profit, or
2-18 nonprofit institution licensed or owned by this state that is a
2-19 general or special hospital, private mental hospital, chronic
2-20 disease hospital, or other type of hospital.
2-21 (10) [(9)] "Outcome data" means measures related to
2-22 the provision of care, including:
2-23 (A) patient demographic information;
2-24 (B) patient length of stay;
2-25 (C) mortality;
2-26 (D) co-morbidity;
2-27 (E) complications; and
3-1 (F) charges.
3-2 (11) [(10)] "Physician" means an individual licensed
3-3 under the laws of this state to practice medicine under the Medical
3-4 Practice Act (Article 4495b, Vernon's Texas Civil Statutes).
3-5 (12) [(11)] "Provider" means a physician or[,] health
3-6 care facility[, or health maintenance organization].
3-7 (13) [(12)] "Provider quality" means the extent to
3-8 which a provider renders care that, within the capabilities of
3-9 modern medicine, obtains for patients medically acceptable health
3-10 outcomes and prognoses, after severity adjustment.
3-11 (14) "Public use data" means patient level data
3-12 relating to individual hospitalizations that has not been
3-13 summarized or analyzed, that identifies patients and physicians
3-14 only by use of uniform patient and physician identifiers, and that
3-15 is severity and risk adjusted and verified for accuracy.
3-16 (15) [(13)] "Rural provider" means a provider
3-17 described by Section 108.0025 [located in:]
3-18 [(A) a county with a population of not more than
3-19 35,000;]
3-20 [(B) those portions of extended cities that the
3-21 United States Bureau of the Census has determined to be rural; or]
3-22 [(C) an area that is not delineated as an
3-23 urbanized area by the United States Bureau of the Census].
3-24 (16) [(14)] "Severity adjustment" means a method to
3-25 stratify patient groups by degrees of illness and mortality.
3-26 (17) [(15)] "Uniform patient identifier" means a
3-27 number assigned by the council to an individual patient and
4-1 composed of numeric, alpha, or alphanumeric characters.
4-2 (18) [(16)] "Uniform physician identifier" means a
4-3 number assigned by the council to an individual physician and
4-4 composed of numeric, alpha, or alphanumeric characters.
4-5 SECTION 2. Chapter 108, Health and Safety Code, is amended
4-6 by adding Section 108.0025 to read as follows:
4-7 Sec. 108.0025. RURAL PROVIDER. For purposes of this
4-8 chapter, a provider is a rural provider if the provider:
4-9 (1) is located in a county that:
4-10 (A) has a population estimated by the United
4-11 States Bureau of the Census to be not more than 35,000 as of July 1
4-12 of the most recent year for which county population estimates have
4-13 been published; or
4-14 (B) has a population of more than 35,000, but
4-15 that does not have more than 100 licensed hospital beds and is not
4-16 located in an area that is delineated as an urbanized area by the
4-17 United States Bureau of the Census; and
4-18 (2) is not a state-owned hospital or a hospital that
4-19 is managed or directly or indirectly owned by an individual,
4-20 association, partnership, corporation, or other legal entity that
4-21 owns or manages one or more other hospitals.
4-22 SECTION 3. Sections 108.003(a), (b), (c), (f), and (g),
4-23 Health and Safety Code, are amended to read as follows:
4-24 (a) The council is composed of four [three nonvoting] ex
4-25 officio state agency members and 15 members appointed by the
4-26 governor in accordance with this section.
4-27 (b) The [nonvoting] ex officio members of the council are:
5-1 (1) the commissioner of public health or the
5-2 commissioner's designee;
5-3 (2) the commissioner of health and human services or
5-4 the commissioner's designee; [and]
5-5 (3) the commissioner of insurance or the
5-6 commissioner's designee; and
5-7 (4) the public insurance counsel, or the counsel's
5-8 designee.
5-9 (c) The governor shall appoint the following members of the
5-10 council:
5-11 (1) three representatives of the business community,
5-12 with at least one representing small businesses, who are purchasers
5-13 of health care but who are not involved in the provision of health
5-14 care or health insurance;
5-15 (2) two representatives from labor, one of whom is not
5-16 directly involved with management of health care benefits;
5-17 (3) two representatives of consumers who are not
5-18 professionally involved in the purchase, provision, administration,
5-19 or review of health care or health care insurance;
5-20 (4) two representatives of hospitals;
5-21 (5) one representative of health maintenance
5-22 organizations;
5-23 (6) three representatives of physicians who are
5-24 involved in direct patient care; and
5-25 (7) two members who are not professionally involved in
5-26 the purchase, provision, administration, or utilization review of
5-27 health care or health care insurance and who have expertise in:
6-1 (A) health planning;
6-2 (B) health economics;
6-3 (C) provider quality assurance;
6-4 (D) information systems [statistics or health
6-5 data management]; or
6-6 (E) the reimbursement of medical education and
6-7 research costs.
6-8 (f) The council may appoint committees [subcommittees] and
6-9 may elect any officers subordinate to those provided for in
6-10 Subsection (d).
6-11 (g) The council shall appoint technical advisory committees
6-12 and shall consult with the appropriate technical advisory committee
6-13 with respect to a rule before the rule is finally adopted by the
6-14 council. The council is not required to consult with a technical
6-15 advisory committee before adopting an emergency rule in accordance
6-16 with Section 2001.034, Government Code. The council shall submit an
6-17 emergency rule adopted by the council to the appropriate advisory
6-18 committee for review not later than the first advisory committee
6-19 meeting that occurs after the rule is adopted. The council may
6-20 consult with the appropriate technical advisory committee with
6-21 respect to other formal action of the council. A technical advisory
6-22 committee may consult with other professionals as necessary[. The
6-23 technical advisory committees shall work in coordination with each
6-24 other and may consult with other professionals, as necessary]. The
6-25 technical advisory committees shall include:
6-26 (1) a technical advisory committee that includes,
6-27 among other individuals, at least five practicing physicians
7-1 licensed in this state to provide advice and recommendations to the
7-2 council on:
7-3 (A) the development and implementation of the
7-4 methodology and the interpretation of provider quality data under
7-5 Section 108.010; and
7-6 (B) the development and dissemination of
7-7 consumer education information and materials;
7-8 (2) a technical advisory committee composed of at
7-9 least five practicing physicians licensed in this state who have
7-10 been actively engaged in organized peer review at a hospital in
7-11 this state to provide advice, recommendations, and peer review
7-12 expertise to the council on:
7-13 (A) the use of peer review in the determination
7-14 of quality inpatient care;
7-15 (B) the development and interpretation of data
7-16 elements necessary to the determination of quality inpatient care;
7-17 and
7-18 (C) the development and format of reports and
7-19 information relating to provider quality;
7-20 (3) a technical advisory committee composed of
7-21 individuals who have expertise in the reimbursement of medical
7-22 education and research costs; [and]
7-23 (4) a technical advisory committee composed of
7-24 representatives of each type of issuer of health benefit plans
7-25 [maintenance organizations] to assist the council in complying with
7-26 Section 108.009(o); and
7-27 (5) a technical advisory committee composed of
8-1 individuals who have expertise in hospital information systems,
8-2 health information management, and quality management.
8-3 SECTION 4. Sections 108.004(a) and (c), Health and Safety
8-4 Code, are amended to read as follows:
8-5 (a) The council, council committees [subcommittees], and
8-6 technical advisory committees are subject to the open meetings law,
8-7 Chapter 551, Government Code.
8-8 (c) The council shall publish a notice of its meetings in
8-9 the Texas Register [at least four newspapers of general circulation
8-10 in this state].
8-11 SECTION 5. Chapter 108, Health and Safety Code, is amended
8-12 by adding Section 108.0045 to read as follows:
8-13 Sec. 108.0045. OPEN RECORDS. Subject to the restrictions of
8-14 this chapter, the council is subject to the open records law,
8-15 Chapter 552, Government Code.
8-16 SECTION 6. Sections 108.006(a), (b), and (d), Health and
8-17 Safety Code, are amended to read as follows:
8-18 (a) The council shall develop a statewide health care data
8-19 collection system to collect health care charges, utilization data,
8-20 provider quality data, and outcome data to facilitate the promotion
8-21 and accessibility of cost-effective, good quality health care. The
8-22 council shall:
8-23 (1) direct the collection, dissemination, and analysis
8-24 of data under this chapter;
8-25 (2) contract with the department to collect the data
8-26 under this chapter;
8-27 (3) adopt policies and rules necessary to carry out
9-1 this chapter, including rules concerning data collection
9-2 requirements;
9-3 (4) build on and not duplicate other data collection
9-4 required by state or federal law, by an accreditation organization,
9-5 or by board rule;
9-6 (5) working with appropriate agencies, review public
9-7 health data collection programs in this state and recommend, where
9-8 appropriate, consolidation of the programs and any legislation
9-9 necessary to effect the consolidation;
9-10 (6) assure that public use data [collected] is made
9-11 available and accessible to interested persons;
9-12 (7) prescribe by rule the process [a format] for
9-13 providers to submit data consistent with Section 108.009;
9-14 (8) adopt by rule and implement a methodology to
9-15 collect and disseminate data reflecting provider quality in
9-16 accordance with Section 108.010;
9-17 (9) make reports to the legislature, the governor, and
9-18 the public on:
9-19 (A) the charges and rate of change in the
9-20 charges for health care services in this state;
9-21 (B) the effectiveness of the council in carrying
9-22 out the legislative intent of this chapter;
9-23 (C) if applicable, any recommendations on the
9-24 need for further legislation; and
9-25 (D) the quality and effectiveness of health care
9-26 and access to health care for all citizens of this state;
9-27 (10) develop an annual work plan and establish
10-1 priorities to accomplish its duties;
10-2 (11) provide consumer education on the interpretation
10-3 and understanding of the public use or provider quality data before
10-4 the data is disseminated [information that is released] to the
10-5 public;
10-6 (12) work with the Health and Human Services
10-7 Commission and each health and human services agency that
10-8 administers a part of the state Medicaid program to avoid
10-9 duplication of expenditures of state funds for computer systems,
10-10 staff, or services in the collection and analysis of data relating
10-11 to the state Medicaid program; [and]
10-12 (13) work with the Department of Information Resources
10-13 in developing and implementing the statewide health care data
10-14 collection system and maintain consistency with Department of
10-15 Information Resources standards; and
10-16 (14) develop and implement a health care information
10-17 plan to be used by the department to:
10-18 (A) support public health and preventative
10-19 health initiatives;
10-20 (B) assist in the delivery of primary and
10-21 preventive health care services;
10-22 (C) facilitate the establishment of appropriate
10-23 benchmark data to measure performance improvements;
10-24 (D) establish and maintain a systematic approach
10-25 to the collection, storage, and analysis of health care data for
10-26 longitudinal, epidemiological, and policy impact studies; and
10-27 (E) develop and use system-based protocols to
11-1 identify individuals and populations at risk.
11-2 (b) The council may:
11-3 (1) employ or contract with the department to employ
11-4 an executive director and other staff, including administrative
11-5 [and legal] personnel, necessary to comply with this chapter and
11-6 rules adopted under this chapter;
11-7 (2) engage professional consultants as it considers
11-8 necessary to the performance of its duties;
11-9 (3) adopt rules clarifying which health care
11-10 facilities must provide data under this chapter; and
11-11 (4) apply for and receive any appropriation, donation,
11-12 or other funds from the state or federal government or any other
11-13 public or private source, subject to Section 108.015 and
11-14 limitations and conditions provided by legislative appropriation.
11-15 (d) The council may not take an action that affects or
11-16 relates to the validity, status, or terms of an [a department]
11-17 interagency agreement or a contract with the department without the
11-18 board's approval.
11-19 SECTION 7. Sections 108.008(b) and (c), Health and Safety
11-20 Code, are amended to read as follows:
11-21 (b) The department shall:
11-22 (1) contract with the council to collect data under
11-23 this chapter;
11-24 (2) provide administrative [and legal] assistance to
11-25 the council [in accordance with rules adopted by the board after
11-26 consulting with the council and set out in the contract with the
11-27 council];
12-1 (3) coordinate administrative responsibilities with
12-2 the council to avoid unnecessary duplication of the collection of
12-3 data and other duties;
12-4 (4) on request of the council, give the council access
12-5 to data collected by the department [on request of the council];
12-6 (5) submit or assist in the council's budget request
12-7 to the legislature; and
12-8 (6) work with the Department of Information Resources
12-9 in developing and implementing the statewide health care data
12-10 collection system and maintain consistency with Department of
12-11 Information Resources standards.
12-12 (c) The department may not take an action that affects or
12-13 relates to the validity, status, or terms of an [a council]
12-14 interagency agreement or a contract with the council without the
12-15 council's approval.
12-16 SECTION 8. Chapter 108, Health and Safety Code, is amended
12-17 by adding Sections 108.0081 and 108.0085 to read as follows:
12-18 Sec. 108.0081. MEMORANDUM OF UNDERSTANDING. The council and
12-19 the department shall enter into a memorandum of understanding to
12-20 implement the department's duties under Section 108.008(b). The
12-21 memorandum of understanding must address:
12-22 (1) payroll and travel reimbursement services;
12-23 (2) purchasing services;
12-24 (3) personnel services;
12-25 (4) budget management services;
12-26 (5) computer support and maintenance services;
12-27 (6) meeting coordination services;
13-1 (7) any other administrative support or other services
13-2 to be provided by the department for the council; and
13-3 (8) the manner in which the council will reimburse the
13-4 department for the cost of services provided by the department for
13-5 the council.
13-6 Sec. 108.0085. DUTIES OF ATTORNEY GENERAL. The attorney
13-7 general shall furnish the council with advice and legal assistance
13-8 that may be required to implement this chapter.
13-9 SECTION 9. Sections 108.009(b), (c), (d), (h), (k), and (o),
13-10 Health and Safety Code, are amended to read as follows:
13-11 (b) The council shall adopt rules to implement the data
13-12 submission requirements imposed by Subsection (a) in appropriate
13-13 stages to allow for the development of efficient systems for the
13-14 collection and submission of the data. A commission rule that
13-15 requires submission of a data element that, before adoption of the
13-16 rule, was not required to be submitted may not take effect before
13-17 the 90th day after the date the rule is adopted.
13-18 (c) A rural provider may, but is not required to, provide
13-19 the data required by this chapter [section]. A hospital may, but
13-20 is not required to, provide the data required by this chapter if
13-21 the hospital:
13-22 (1) is exempt from state franchise, sales, ad valorem,
13-23 or other state or local taxes; and
13-24 (2) does not seek or receive reimbursement for
13-25 providing health care services to patients from any source,
13-26 including:
13-27 (A) the patient or any person legally obligated
14-1 to support the patient;
14-2 (B) a third-party payor; or
14-3 (C) Medicaid, Medicare, or any other federal,
14-4 state, or local program for indigent health care.
14-5 (d) The council may not collect data from individual
14-6 physicians or from an entity that is composed entirely of
14-7 physicians and that is a professional association organized under
14-8 the Texas Professional Association Act (Article 1528f, Vernon's
14-9 Texas Civil Statutes), a limited liability partnership organized
14-10 under Section 3.08, Texas Revised Partnership Act (Article
14-11 6132b-3.08, Vernon's Texas Civil Statutes), or a limited liability
14-12 company organized under the Texas Limited Liability Company Act
14-13 (Article 1528n, Vernon's Texas Civil Statutes), except to the
14-14 extent the entity owns and operates a health care facility in this
14-15 state. This subsection does not prohibit the release of data about
14-16 physicians using uniform physician identifiers that has been
14-17 collected from a health care facility under this chapter.
14-18 (h) The council shall[, to the extent feasible,] coordinate
14-19 data collection with the data submission [collection] formats used
14-20 by hospitals and other providers. The council shall accept data in
14-21 the format developed by the National Uniform Billing Committee
14-22 (Uniform Hospital Billing Form UB 92) and HCFA-1500 or their
14-23 successors or other universally accepted standardized forms that
14-24 hospitals and other providers use for other complementary purposes
14-25 [approved by the council].
14-26 (k) The [In developing the statewide health care data
14-27 collection system, the] council shall collect [identify] health
15-1 care data elements relating to [health care charges, provider
15-2 quality,] payer type, the racial and ethnic background of
15-3 patients, [the outcome data related to health care services,] and
15-4 the use of health care services by consumers.
15-5 (o) A provider of a health benefit plan [maintenance
15-6 organization] shall annually submit to the council aggregate data
15-7 by service area required by the Health Plan Employer Data
15-8 Information Set (HEDIS) as operated by the National Committee for
15-9 Quality Assurance. The council may approve the submission of data
15-10 in accordance with other methods generally used by the health
15-11 benefit plan [maintenance organization] industry. This subsection
15-12 does not relieve a health care facility that provides services
15-13 under [to] a health benefit plan [maintenance organization] from
15-14 the requirements of this chapter. Information submitted under this
15-15 section is subject to Section 108.011 but is not subject to Section
15-16 108.010.
15-17 SECTION 10. Section 108.010, Health and Safety Code, is
15-18 amended by amending Subsections (b), (c), (d), (e), (g), and (h)
15-19 and adding Subsection (p) to read as follows:
15-20 (b) The [After a majority of the council has been appointed,
15-21 the] council shall study and analyze initial methodologies for
15-22 obtaining provider quality data, including outcome data. [The
15-23 council shall adopt an initial methodology not later than January
15-24 1, 1997, but may not adopt the initial methodology before the first
15-25 anniversary of the date on which a majority of the council is
15-26 appointed. If the council determines additional time for
15-27 development of the initial methodology is needed, the council, by a
16-1 two-thirds vote of the full council, may extend the deadline
16-2 established by this subsection for adopting the initial
16-3 methodology.]
16-4 (c) The council shall test the methodology by collecting
16-5 provider quality data for one year, subject to Section 108.009.
16-6 The council may test using pilot methodologies. After collecting
16-7 provider quality data for one year, the council shall report
16-8 findings applicable to a provider to that provider and allow the
16-9 provider to review and comment on the initial provider quality
16-10 [outcome] data applicable to that provider. The council shall
16-11 verify the accuracy of the data during this review and revision
16-12 process. After the review and revision process, provider quality
16-13 [outcome] data for subsequent reports shall be published and made
16-14 available to the public, on a time schedule the council considers
16-15 appropriate.
16-16 (d) If the council determines that provider quality
16-17 [outcome] data to be published under Subsection (c) does not
16-18 provide the intended result or is inaccurate or inappropriate for
16-19 dissemination, the council is not required to publish the data or
16-20 reports based in whole or in part on the data. This subsection
16-21 does not affect the release of public use data in accordance with
16-22 [collected under] Section 108.011 or the release of information
16-23 submitted under Section 108.009(o) [108.009].
16-24 (e) The council shall adopt rules allowing a provider to
16-25 submit concise written comments regarding any specific provider
16-26 quality data to be released concerning the provider. The council
16-27 shall make the comments available to the public at the office of
17-1 the council and in an electronic form accessible through the
17-2 Internet. The comments shall [may] be attached to any public
17-3 release of provider quality data. Providers shall submit the
17-4 comments to the council to be attached to the public release of
17-5 provider quality data in the same format as the provider quality
17-6 data that is to be released.
17-7 (g) In addition to the requirements of this section, any
17-8 release of provider quality data shall comply with Sections
17-9 108.011(e) and (f) [108.011(d)-(f)].
17-10 (h) A provider quality [outcome] data report may not
17-11 identify an individual physician by name, but must identify the
17-12 physician by the uniform physician identifier designated by the
17-13 council under Section 108.011(c).
17-14 (p) The council shall release provider quality data relating
17-15 to providers described by Section 108.0025(1), but that are not
17-16 rural providers because they do not meet the requirement of Section
17-17 108.0025(2), in an aggregate form without uniform patient and
17-18 physician identifiers.
17-19 SECTION 11. Sections 108.011 and 108.012, Health and Safety
17-20 Code, are amended to read as follows:
17-21 Sec. 108.011. [DATA] DISSEMINATION OF PUBLIC USE DATA AND
17-22 COUNCIL PUBLICATIONS [PUBLICATION]. (a) The council shall
17-23 promptly provide public use data and data collected in accordance
17-24 with Section 108.009(o) to those requesting it. The public use
17-25 data does not include provider quality [, subject to the
17-26 restrictions on access to council] data prescribed by Section
17-27 [Sections] 108.010 or confidential data prescribed by Section [and]
18-1 108.013.
18-2 (b) Subject to the restrictions on access to council data
18-3 prescribed by Sections 108.010 and 108.013, and using the public
18-4 use data [collected under Section 108.009] and other data, records,
18-5 and matters of record available to it, the council shall prepare
18-6 and issue reports to the governor, the legislature, and the public
18-7 as provided by this section and Section 108.006(a). The council
18-8 must issue the reports at least annually.
18-9 (c) Subject to the restrictions on access to council data
18-10 prescribed by Sections 108.010 and 108.013, the council shall use
18-11 public use data to prepare and issue reports that provide
18-12 information relating to providers, such as the incidence rate of
18-13 selected medical or surgical procedures [and the provider quality].
18-14 The reports must provide the data in a manner that identifies
18-15 individual providers, including individual physicians, and that
18-16 identifies and compares data elements for all providers.
18-17 Individual physicians may not be identified by name, but shall be
18-18 identified by uniform physician identifiers. The council by rule
18-19 shall designate the characters to be used as uniform physician
18-20 identifiers.
18-21 (d) The council shall adopt procedures to verify the
18-22 accuracy of the public use data before releasing [a report
18-23 containing] the public use data [is released] to the public.
18-24 (e) If public use [provider] data is requested from the
18-25 council about [for] a specific provider, the council shall notify
18-26 the provider about the release of the data. This subsection does
18-27 not authorize the provider to interfere with the release of that
19-1 data.
19-2 (f) A report issued by the council shall include a
19-3 reasonable review and comment period for the affected providers
19-4 before public release of the report.
19-5 (g) The council shall adopt rules allowing a provider to
19-6 submit concise written comments regarding any specific public use
19-7 data to be released concerning the provider. The council shall make
19-8 the comments available to the public and the office of the council
19-9 and in an electronic form accessible through the Internet. The
19-10 comments shall be attached to any public release of the public use
19-11 data. Providers shall submit the comments to the council to be
19-12 attached to the public release of public use data in the same
19-13 format as the public use data that is to be released.
19-14 (h) Tapes containing public use data and provider quality
19-15 reports that are released to the public must include general
19-16 consumer education material, including an explanation of the
19-17 benefits and limitations of the information provided in the public
19-18 use data and provider quality reports.
19-19 (i) The council shall release public use data relating to
19-20 providers described by Section 108.0025(1), but that are not rural
19-21 providers because they do not meet the requirement of Section
19-22 108.0025(2), in an aggregate form without uniform patient and
19-23 physician identifiers.
19-24 Sec. 108.012. COMPUTER ACCESS TO DATA. (a) The council
19-25 shall provide a means for computer-to-computer access to the public
19-26 use data. All reports shall maintain patient confidentiality as
19-27 provided by Section 108.013.
20-1 (b) The council may charge a person requesting public use or
20-2 provider quality data a fee for the data. The fees may reflect the
20-3 quantity of information provided and the expense incurred by the
20-4 council in collecting and providing the data and shall be set at a
20-5 level that will raise revenue sufficient for the operation of the
20-6 council. The council may not charge a fee for providing public use
20-7 data to another state agency.
20-8 SECTION 12. Section 108.013, Health and Safety Code, is
20-9 amended by amending Subsections (a), (b), and (e) and adding
20-10 Subsections (g), (h), and (i) to read as follows:
20-11 (a) The data received by the council shall be used by the
20-12 council for the benefit of the public. [The council is subject to
20-13 the open records law, Chapter 552, Government Code.] Subject to
20-14 specific limitations established by this chapter and council rule,
20-15 the council shall make determinations on requests for information
20-16 in favor of access.
20-17 (b) The council by rule shall designate the characters to be
20-18 used [by providers] as uniform patient identifiers. The basis for
20-19 assignment of the characters and the manner in which the characters
20-20 are assigned are confidential.
20-21 (e) Data on patients and physicians and compilations[,
20-22 reports, or analyses] produced from the data collected that
20-23 identify patients and physicians are not:
20-24 (1) subject to discovery, subpoena, or other means of
20-25 legal compulsion for release to any person or entity except as
20-26 provided by this section; or
20-27 (2) admissible in any civil, administrative, or
21-1 criminal proceeding.
21-2 (g) The council may not release data elements in a manner
21-3 that will reveal the identity of a physician or patient.
21-4 (h) Subsection (c)(1) and Subsection (g) do not prohibit the
21-5 release of a uniform physician identifier or a uniform patient
21-6 identifier in conjunction with associated public use data in
21-7 accordance with Section 108.011 or provider quality data in
21-8 accordance with Section 108.010.
21-9 (i) Notwithstanding any other law, the council and the
21-10 department may not provide information made confidential by this
21-11 section to any other agency of this state.
21-12 SECTION 13. Chapter 108, Health and Safety Code, is amended
21-13 by adding Section 108.0141 to read as follows:
21-14 Sec. 108.0141. CRIMINAL PENALTY. (a) A person who with
21-15 criminal negligence releases data in violation of this chapter
21-16 commits an offense.
21-17 (b) An offense under this section is a Class A misdemeanor.
21-18 SECTION 14. Sections 108.009(j), (l), and (n), Health and
21-19 Safety Code, are repealed.
21-20 SECTION 15. The change in law made by this Act applies only
21-21 to the collection and dissemination of data under Chapter 108,
21-22 Health and Safety Code, on or after the effective date of this Act.
21-23 The collection and dissemination of data before the effective date
21-24 of this Act is governed by the law as it existed immediately before
21-25 the effective date of this Act, and that law is continued in effect
21-26 for that purpose.
21-27 SECTION 16. This Act takes effect September 1, 1997.
22-1 SECTION 17. The importance of this legislation and the
22-2 crowded condition of the calendars in both houses create an
22-3 emergency and an imperative public necessity that the
22-4 constitutional rule requiring bills to be read on three several
22-5 days in each house be suspended, and this rule is hereby suspended.