AN ACT
1-1 relating to the collection of certain information related to health
1-2 care and 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
2-1 Act (Article 4495b, Vernon's Texas Civil Statutes), and that
2-2 holds a certificate of authority issued by the commissioner of
2-3 insurance under Article 21.52F, Insurance Code.
2-4 (7) "Health care facility" means:
2-5 (A) a hospital;
2-6 (B) an ambulatory surgical center licensed under
2-7 Chapter 243;
2-8 (C) a chemical dependency treatment facility
2-9 licensed under Chapter 464;
2-10 (D) a renal dialysis facility;
2-11 (E) a birthing center;
2-12 (F) a rural health clinic; or
2-13 (G) a federally qualified health center as
2-14 defined by 42 U.S.C. Section 1396d(l)(2)(B).
2-15 (8) [(7)] "Health maintenance organization" means an
2-16 organization as defined in Section 2, Texas Health Maintenance
2-17 Organization Act (Article 20A.02, Vernon's Texas Insurance Code).
2-18 (9) [(8)] "Hospital" means a public, for-profit, or
2-19 nonprofit institution licensed or owned by this state that is a
2-20 general or special hospital, private mental hospital, chronic
2-21 disease hospital, or other type of hospital.
2-22 (10) [(9)] "Outcome data" means measures related to
2-23 the provision of care, including:
2-24 (A) patient demographic information;
2-25 (B) patient length of stay;
3-1 (C) mortality;
3-2 (D) co-morbidity;
3-3 (E) complications; and
3-4 (F) charges.
3-5 (11) [(10)] "Physician" means an individual licensed
3-6 under the laws of this state to practice medicine under the Medical
3-7 Practice Act (Article 4495b, Vernon's Texas Civil Statutes).
3-8 (12) [(11)] "Provider" means a physician or[,] health
3-9 care facility[, or health maintenance organization].
3-10 (13) [(12)] "Provider quality" means the extent to
3-11 which a provider renders care that, within the capabilities of
3-12 modern medicine, obtains for patients medically acceptable health
3-13 outcomes and prognoses, after severity adjustment.
3-14 (14) "Public use data" means patient level data
3-15 relating to individual hospitalizations that has not been
3-16 summarized or analyzed, that identifies patients and physicians
3-17 only by use of uniform patient and physician identifiers, and that
3-18 is severity and risk adjusted and verified for accuracy.
3-19 (15) [(13)] "Rural provider" means a provider
3-20 described by Section 108.0025 [located in:]
3-21 [(A) a county with a population of not more than
3-22 35,000;]
3-23 [(B) those portions of extended cities that the
3-24 United States Bureau of the Census has determined to be rural; or]
3-25 [(C) an area that is not delineated as an
4-1 urbanized area by the United States Bureau of the Census].
4-2 (16) [(14)] "Severity adjustment" means a method to
4-3 stratify patient groups by degrees of illness and mortality.
4-4 (17) [(15)] "Uniform patient identifier" means a
4-5 number assigned by the council to an individual patient and
4-6 composed of numeric, alpha, or alphanumeric characters.
4-7 (18) [(16)] "Uniform physician identifier" means a
4-8 number assigned by the council to an individual physician and
4-9 composed of numeric, alpha, or alphanumeric characters.
4-10 SECTION 2. Chapter 108, Health and Safety Code, is amended
4-11 by adding Section 108.0025 to read as follows:
4-12 Sec. 108.0025. RURAL PROVIDER. For purposes of this
4-13 chapter, a provider is a rural provider if the provider:
4-14 (1) is located in a county that:
4-15 (A) has a population estimated by the United
4-16 States Bureau of the Census to be not more than 35,000 as of July 1
4-17 of the most recent year for which county population estimates have
4-18 been published; or
4-19 (B) has a population of more than 35,000, but
4-20 that does not have more than 100 licensed hospital beds and is not
4-21 located in an area that is delineated as an urbanized area by the
4-22 United States Bureau of the Census; and
4-23 (2) is not a state-owned hospital or a hospital that
4-24 is managed or directly or indirectly owned by an individual,
4-25 association, partnership, corporation, or other legal entity that
5-1 owns or manages one or more other hospitals.
5-2 SECTION 3. Subsections (a), (b), (c), (f), and (g), Section
5-3 108.003, Health and Safety Code, are amended to read as follows:
5-4 (a) The council is composed of four [three nonvoting] ex
5-5 officio state agency members and 15 members appointed by the
5-6 governor in accordance with this section.
5-7 (b) The [nonvoting] ex officio members of the council are:
5-8 (1) the commissioner of public health or the
5-9 commissioner's designee;
5-10 (2) the commissioner of health and human services or
5-11 the commissioner's designee; [and]
5-12 (3) the commissioner of insurance or the
5-13 commissioner's designee; and
5-14 (4) the public insurance counsel or the counsel's
5-15 designee.
5-16 (c) The governor shall appoint the following members of the
5-17 council:
5-18 (1) three representatives of the business community,
5-19 with at least one representing small businesses, who are purchasers
5-20 of health care but who are not involved in the provision of health
5-21 care or health insurance;
5-22 (2) two representatives from labor, one of whom is not
5-23 directly involved with management of health care benefits;
5-24 (3) two representatives of consumers who are not
5-25 professionally involved in the purchase, provision, administration,
6-1 or review of health care or health care insurance;
6-2 (4) two representatives of hospitals;
6-3 (5) one representative of health maintenance
6-4 organizations;
6-5 (6) three representatives of physicians who are
6-6 involved in direct patient care; and
6-7 (7) two members who are not professionally involved in
6-8 the purchase, provision, administration, or utilization review of
6-9 health care or health care insurance and who have expertise in:
6-10 (A) health planning;
6-11 (B) health economics;
6-12 (C) provider quality assurance;
6-13 (D) information systems [statistics or health
6-14 data management]; or
6-15 (E) the reimbursement of medical education and
6-16 research costs.
6-17 (f) The council may appoint committees [subcommittees] and
6-18 may elect any officers subordinate to those provided for in
6-19 Subsection (d).
6-20 (g) The council shall appoint technical advisory committees
6-21 and shall consult with the appropriate technical advisory committee
6-22 with respect to a rule before the rule is finally adopted by the
6-23 council. The council is not required to consult with a technical
6-24 advisory committee before adopting an emergency rule in accordance
6-25 with Section 2001.034, Government Code. The council shall submit
7-1 an emergency rule adopted by the council to the appropriate
7-2 advisory committee for review not later than the first advisory
7-3 committee meeting that occurs after the rule is adopted. The
7-4 council may consult with the appropriate technical advisory
7-5 committee with respect to other formal action of the council. A
7-6 technical advisory committee may consult with other professionals
7-7 as necessary. [The technical advisory committees shall work in
7-8 coordination with each other and may consult with other
7-9 professionals, as necessary.] The technical advisory committees
7-10 shall include:
7-11 (1) a technical advisory committee that includes,
7-12 among other individuals, at least five practicing physicians
7-13 licensed in this state to provide advice and recommendations to the
7-14 council on:
7-15 (A) the development and implementation of the
7-16 methodology and the interpretation of provider quality data under
7-17 Section 108.010; and
7-18 (B) the development and dissemination of
7-19 consumer education information and materials;
7-20 (2) a technical advisory committee composed of at
7-21 least five practicing physicians licensed in this state who have
7-22 been actively engaged in organized peer review at a hospital in
7-23 this state to provide advice, recommendations, and peer review
7-24 expertise to the council on:
7-25 (A) the use of peer review in the determination
8-1 of quality inpatient care;
8-2 (B) the development and interpretation of data
8-3 elements necessary to the determination of quality inpatient care;
8-4 and
8-5 (C) the development and format of reports and
8-6 information relating to provider quality;
8-7 (3) a technical advisory committee composed of
8-8 individuals who have expertise in the reimbursement of medical
8-9 education and research costs; [and]
8-10 (4) a technical advisory committee composed of
8-11 representatives of each type of issuer of health benefit plans
8-12 [maintenance organizations] to assist the council in complying with
8-13 Section 108.009(o); and
8-14 (5) a technical advisory committee composed of
8-15 individuals who have expertise in hospital information systems,
8-16 health information management, and quality management.
8-17 SECTION 4. Subsections (a) and (c), Section 108.004, Health
8-18 and Safety Code, are amended to read as follows:
8-19 (a) The council, council committees [subcommittees], and
8-20 technical advisory committees are subject to the open meetings law,
8-21 Chapter 551, Government Code.
8-22 (c) The council shall publish a notice of its meetings in
8-23 the Texas Register [at least four newspapers of general circulation
8-24 in this state].
8-25 SECTION 5. Chapter 108, Health and Safety Code, is amended
9-1 by adding Section 108.0045 to read as follows:
9-2 Sec. 108.0045. OPEN RECORDS. Subject to the restrictions of
9-3 this chapter, the council is subject to the open records law,
9-4 Chapter 552, Government Code.
9-5 SECTION 6. Subsections (a), (b), and (d), Section 108.006,
9-6 Health and Safety Code, are amended to read as follows:
9-7 (a) The council shall develop a statewide health care data
9-8 collection system to collect health care charges, utilization data,
9-9 provider quality data, and outcome data to facilitate the promotion
9-10 and accessibility of cost-effective, good quality health care. The
9-11 council shall:
9-12 (1) direct the collection, dissemination, and analysis
9-13 of data under this chapter;
9-14 (2) contract with the department to collect the data
9-15 under this chapter;
9-16 (3) adopt policies and rules necessary to carry out
9-17 this chapter, including rules concerning data collection
9-18 requirements;
9-19 (4) build on and not duplicate other data collection
9-20 required by state or federal law, by an accreditation organization,
9-21 or by board rule;
9-22 (5) working with appropriate agencies, review public
9-23 health data collection programs in this state and recommend, where
9-24 appropriate, consolidation of the programs and any legislation
9-25 necessary to effect the consolidation;
10-1 (6) assure that public use data [collected] is made
10-2 available and accessible to interested persons;
10-3 (7) prescribe by rule the process [a format] for
10-4 providers to submit data consistent with Section 108.009;
10-5 (8) adopt by rule and implement a methodology to
10-6 collect and disseminate data reflecting provider quality in
10-7 accordance with Section 108.010;
10-8 (9) make reports to the legislature, the governor, and
10-9 the public on:
10-10 (A) the charges and rate of change in the
10-11 charges for health care services in this state;
10-12 (B) the effectiveness of the council in carrying
10-13 out the legislative intent of this chapter;
10-14 (C) if applicable, any recommendations on the
10-15 need for further legislation; and
10-16 (D) the quality and effectiveness of health care
10-17 and access to health care for all citizens of this state;
10-18 (10) develop an annual work plan and establish
10-19 priorities to accomplish its duties;
10-20 (11) provide consumer education on the interpretation
10-21 and understanding of the public use or provider quality data before
10-22 the data is disseminated [information that is released] to the
10-23 public;
10-24 (12) work with the Health and Human Services
10-25 Commission and each health and human services agency that
11-1 administers a part of the state Medicaid program to avoid
11-2 duplication of expenditures of state funds for computer systems,
11-3 staff, or services in the collection and analysis of data relating
11-4 to the state Medicaid program; [and]
11-5 (13) work with the Department of Information Resources
11-6 in developing and implementing the statewide health care data
11-7 collection system and maintain consistency with Department of
11-8 Information Resources standards; and
11-9 (14) develop and implement a health care information
11-10 plan to be used by the department to:
11-11 (A) support public health and preventative
11-12 health initiatives;
11-13 (B) assist in the delivery of primary and
11-14 preventive health care services;
11-15 (C) facilitate the establishment of appropriate
11-16 benchmark data to measure performance improvements;
11-17 (D) establish and maintain a systematic approach
11-18 to the collection, storage, and analysis of health care data for
11-19 longitudinal, epidemiological, and policy impact studies; and
11-20 (E) develop and use system-based protocols to
11-21 identify individuals and populations at risk.
11-22 (b) The council may:
11-23 (1) employ or contract with the department to employ
11-24 an executive director and other staff, including administrative
11-25 [and legal] personnel, necessary to comply with this chapter and
12-1 rules adopted under this chapter;
12-2 (2) engage professional consultants as it considers
12-3 necessary to the performance of its duties;
12-4 (3) adopt rules clarifying which health care
12-5 facilities must provide data under this chapter; and
12-6 (4) apply for and receive any appropriation, donation,
12-7 or other funds from the state or federal government or any other
12-8 public or private source, subject to Section 108.015 and
12-9 limitations and conditions provided by legislative appropriation.
12-10 (d) The council may not take an action that affects or
12-11 relates to the validity, status, or terms of an [a department]
12-12 interagency agreement or a contract with the department without the
12-13 board's approval.
12-14 SECTION 7. Subsections (b) and (c), Section 108.008, Health
12-15 and Safety Code, are amended to read as follows:
12-16 (b) The department shall:
12-17 (1) contract with the council to collect data under
12-18 this chapter;
12-19 (2) provide administrative [and legal] assistance to
12-20 the council [in accordance with rules adopted by the board after
12-21 consulting with the council and set out in the contract with the
12-22 council];
12-23 (3) coordinate administrative responsibilities with
12-24 the council to avoid unnecessary duplication of the collection of
12-25 data and other duties;
13-1 (4) on request of the council, give the council access
13-2 to data collected by the department [on request of the council];
13-3 (5) submit or assist in the council's budget request
13-4 to the legislature; and
13-5 (6) work with the Department of Information Resources
13-6 in developing and implementing the statewide health care data
13-7 collection system and maintain consistency with Department of
13-8 Information Resources standards.
13-9 (c) The department may not take an action that affects or
13-10 relates to the validity, status, or terms of an [a council]
13-11 interagency agreement or a contract with the council without the
13-12 council's approval.
13-13 SECTION 8. Chapter 108, Health and Safety Code, is amended
13-14 by adding Sections 108.0081 and 108.0085 to read as follows:
13-15 Sec. 108.0081. MEMORANDUM OF UNDERSTANDING. The council and
13-16 the department shall enter into a memorandum of understanding to
13-17 implement the department's duties under Section 108.008(b). The
13-18 memorandum of understanding must address:
13-19 (1) payroll and travel reimbursement services;
13-20 (2) purchasing services;
13-21 (3) personnel services;
13-22 (4) budget management services;
13-23 (5) computer support and maintenance services;
13-24 (6) meeting coordination services;
13-25 (7) any other administrative support or other services
14-1 to be provided by the department for the council; and
14-2 (8) the manner in which the council will reimburse the
14-3 department for the cost of services provided by the department for
14-4 the council.
14-5 Sec. 108.0085. DUTIES OF ATTORNEY GENERAL. The attorney
14-6 general shall furnish the council with advice and legal assistance
14-7 that may be required to implement this chapter.
14-8 SECTION 9. Subsections (b), (c), (d), (h), (k), and (o),
14-9 Section 108.009, Health and Safety Code, are amended to read as
14-10 follows:
14-11 (b) The council shall adopt rules to implement the data
14-12 submission requirements imposed by Subsection (a) in appropriate
14-13 stages to allow for the development of efficient systems for the
14-14 collection and submission of the data. A rule adopted by the
14-15 council that requires submission of a data element that, before
14-16 adoption of the rule, was not required to be submitted may not take
14-17 effect before the 90th day after the date the rule is adopted.
14-18 (c) A rural provider may, but is not required to, provide
14-19 the data required by this chapter [section]. A hospital may, but
14-20 is not required to, provide the data required by this chapter if
14-21 the hospital:
14-22 (1) is exempt from state franchise, sales, ad valorem,
14-23 or other state or local taxes; and
14-24 (2) does not seek or receive reimbursement for
14-25 providing health care services to patients from any source,
15-1 including:
15-2 (A) the patient or any person legally obligated
15-3 to support the patient;
15-4 (B) a third-party payor; or
15-5 (C) Medicaid, Medicare, or any other federal,
15-6 state, or local program for indigent health care.
15-7 (d) The council may not collect data from individual
15-8 physicians or from an entity that is composed entirely of
15-9 physicians and that is a professional association organized under
15-10 the Texas Professional Association Act (Article 1528f, Vernon's
15-11 Texas Civil Statutes), a limited liability partnership organized
15-12 under Section 3.08, Texas Revised Partnership Act (Article
15-13 6132b-3.08, Vernon's Texas Civil Statutes), or a limited liability
15-14 company organized under the Texas Limited Liability Company Act
15-15 (Article 1528n, Vernon's Texas Civil Statutes), except to the
15-16 extent the entity owns and operates a health care facility in this
15-17 state. This subsection does not prohibit the release of data about
15-18 physicians using uniform physician identifiers that has been
15-19 collected from a health care facility under this chapter.
15-20 (h) The council shall[, to the extent feasible,] coordinate
15-21 data collection with the data submission [collection] formats used
15-22 by hospitals and other providers. The council shall accept data in
15-23 the format developed by the National Uniform Billing Committee
15-24 (Uniform Hospital Billing Form UB 92) and HCFA-1500 or their
15-25 successors or other universally accepted standardized forms that
16-1 hospitals and other providers use for other complementary purposes
16-2 [approved by the council].
16-3 (k) The [In developing the statewide health care data
16-4 collection system, the] council shall collect [identify] health
16-5 care data elements relating to [health care charges, provider
16-6 quality,] payer type, the racial and ethnic background of patients
16-7 [outcome data related to health care services], and the use of
16-8 health care services by consumers.
16-9 (o) A provider of a health benefit plan [maintenance
16-10 organization] shall annually submit to the council aggregate data
16-11 by service area required by the Health Plan Employer Data
16-12 Information Set (HEDIS) as operated by the National Committee for
16-13 Quality Assurance. The council may approve the submission of data
16-14 in accordance with other methods generally used by the health
16-15 benefit plan [maintenance organization] industry. If the Health
16-16 Plan Employer Data Information Set does not generally apply to a
16-17 health benefit plan, the council shall require submission of data
16-18 in accordance with other methods. This subsection does not relieve
16-19 a health care facility that provides services under [to] a health
16-20 benefit plan [maintenance organization] from the requirements of
16-21 this chapter. Information submitted under this section is subject
16-22 to Section 108.011 but is not subject to Section 108.010.
16-23 SECTION 10. Section 108.010, Health and Safety Code, is
16-24 amended by amending Subsections (b), (c), (d), (e), (g), and (h)
16-25 and adding Subsection (i) to read as follows:
17-1 (b) The [After a majority of the council has been appointed,
17-2 the] council shall study and analyze initial methodologies for
17-3 obtaining provider quality data, including outcome data. [The
17-4 council shall adopt an initial methodology not later than January
17-5 1, 1997, but may not adopt the initial methodology before the first
17-6 anniversary of the date on which a majority of the council is
17-7 appointed. If the council determines additional time for
17-8 development of the initial methodology is needed, the council, by a
17-9 two-thirds vote of the full council, may extend the deadline
17-10 established by this subsection for adopting the initial
17-11 methodology.]
17-12 (c) The council shall test the methodology by collecting
17-13 provider quality data for one year, subject to Section 108.009.
17-14 The council may test using pilot methodologies. After collecting
17-15 provider quality data for one year, the council shall report
17-16 findings applicable to a provider to that provider and allow the
17-17 provider to review and comment on the initial provider quality
17-18 [outcome] data applicable to that provider. The council shall
17-19 verify the accuracy of the data during this review and revision
17-20 process. After the review and revision process, provider quality
17-21 [outcome] data for subsequent reports shall be published and made
17-22 available to the public, on a time schedule the council considers
17-23 appropriate.
17-24 (d) If the council determines that provider quality
17-25 [outcome] data to be published under Subsection (c) does not
18-1 provide the intended result or is inaccurate or inappropriate for
18-2 dissemination, the council is not required to publish the data or
18-3 reports based in whole or in part on the data. This subsection
18-4 does not affect the release of public use data in accordance with
18-5 [collected under] Section 108.011 or the release of information
18-6 submitted under Section 108.009(o) [108.009].
18-7 (e) The council shall adopt rules allowing a provider to
18-8 submit concise written comments regarding any specific provider
18-9 quality data to be released concerning the provider. The council
18-10 shall make the comments available to the public at the office of
18-11 the council and in an electronic form accessible through the
18-12 Internet. The comments shall [may] be attached to any public
18-13 release of provider quality data. Providers shall submit the
18-14 comments to the council to be attached to the public release of
18-15 provider quality data in the same format as the provider quality
18-16 data that is to be released.
18-17 (g) In addition to the requirements of this section, any
18-18 release of provider quality data shall comply with Sections
18-19 108.011(e) and (f) [108.011(d)-(f)].
18-20 (h) A provider quality [outcome] data report may not
18-21 identify an individual physician by name, but must identify the
18-22 physician by the uniform physician identifier designated by the
18-23 council under Section 108.011(c).
18-24 (i) The council shall release provider quality data relating
18-25 to providers described by Section 108.0025(1), but that are not
19-1 rural providers because they do not meet the requirement of Section
19-2 108.0025(2), in an aggregate form without uniform patient and
19-3 physician identifiers.
19-4 SECTION 11. Sections 108.011 and 108.012, Health and Safety
19-5 Code, are amended to read as follows:
19-6 Sec. 108.011. [DATA] DISSEMINATION OF PUBLIC USE DATA AND
19-7 COUNCIL PUBLICATIONS [PUBLICATION]. (a) The council shall
19-8 promptly provide public use data and data collected in accordance
19-9 with Section 108.009(o) to those requesting it. The public use
19-10 data does not include provider quality[, subject to the
19-11 restrictions on access to council] data prescribed by Section
19-12 [Sections] 108.010 or confidential data prescribed by Section [and]
19-13 108.013.
19-14 (b) Subject to the restrictions on access to council data
19-15 prescribed by Sections 108.010 and 108.013, and using the public
19-16 use data [collected under Section 108.009] and other data, records,
19-17 and matters of record available to it, the council shall prepare
19-18 and issue reports to the governor, the legislature, and the public
19-19 as provided by this section and Section 108.006(a). The council
19-20 must issue the reports at least annually.
19-21 (c) Subject to the restrictions on access to council data
19-22 prescribed by Sections 108.010 and 108.013, the council shall use
19-23 public use data to prepare and issue reports that provide
19-24 information relating to providers, such as the incidence rate of
19-25 selected medical or surgical procedures [and the provider quality].
20-1 The reports must provide the data in a manner that identifies
20-2 individual providers, including individual physicians, and that
20-3 identifies and compares data elements for all providers.
20-4 Individual physicians may not be identified by name, but shall be
20-5 identified by uniform physician identifiers. The council by rule
20-6 shall designate the characters to be used as uniform physician
20-7 identifiers.
20-8 (d) The council shall adopt procedures to verify the
20-9 accuracy of the public use data before releasing [a report
20-10 containing] the public use data [is released] to the public.
20-11 (e) If public use [provider] data is requested from the
20-12 council about [for] a specific provider, the council shall notify
20-13 the provider about the release of the data. This subsection does
20-14 not authorize the provider to interfere with the release of that
20-15 data.
20-16 (f) A report issued by the council shall include a
20-17 reasonable review and comment period for the affected providers
20-18 before public release of the report.
20-19 (g) The council shall adopt rules allowing a provider to
20-20 submit concise written comments regarding any specific public use
20-21 data to be released concerning the provider. The council shall
20-22 make the comments available to the public and the office of the
20-23 council and in an electronic form accessible through the Internet.
20-24 The comments shall be attached to any public release of the public
20-25 use data. Providers shall submit the comments to the council to be
21-1 attached to the public release of public use data in the same
21-2 format as the public use data that is to be released.
21-3 (h) Tapes containing public use data and provider quality
21-4 reports that are released to the public must include general
21-5 consumer education material, including an explanation of the
21-6 benefits and limitations of the information provided in the public
21-7 use data and provider quality reports.
21-8 (i) The council shall release public use data relating to
21-9 providers described by Section 108.0025(1), but that are not rural
21-10 providers because they do not meet the requirement of Section
21-11 108.0025(2), in an aggregate form without uniform patient and
21-12 physician identifiers.
21-13 Sec. 108.012. COMPUTER ACCESS TO DATA. (a) The council
21-14 shall provide a means for computer-to-computer access to the public
21-15 use data. All reports shall maintain patient confidentiality as
21-16 provided by Section 108.013.
21-17 (b) The council may charge a person requesting public use or
21-18 provider quality data a fee for the data. The fees may reflect the
21-19 quantity of information provided and the expense incurred by the
21-20 council in collecting and providing the data and shall be set at a
21-21 level that will raise revenue sufficient for the operation of the
21-22 council. The council may not charge a fee for providing public use
21-23 data to another state agency.
21-24 SECTION 12. Section 108.013, Health and Safety Code, is
21-25 amended by amending Subsections (a), (b), and (e) and adding
22-1 Subsections (g), (h), and (i) to read as follows:
22-2 (a) The data received by the council shall be used by the
22-3 council for the benefit of the public. [The council is subject to
22-4 the open records law, Chapter 552, Government Code.] Subject to
22-5 specific limitations established by this chapter and council rule,
22-6 the council shall make determinations on requests for information
22-7 in favor of access.
22-8 (b) The council by rule shall designate the characters to be
22-9 used [by providers] as uniform patient identifiers. The basis for
22-10 assignment of the characters and the manner in which the characters
22-11 are assigned are confidential.
22-12 (e) Data on patients and physicians and compilations[,
22-13 reports, or analyses] produced from the data collected that
22-14 identify patients and physicians are not:
22-15 (1) subject to discovery, subpoena, or other means of
22-16 legal compulsion for release to any person or entity except as
22-17 provided by this section; or
22-18 (2) admissible in any civil, administrative, or
22-19 criminal proceeding.
22-20 (g) The council may not release data elements in a manner
22-21 that will reveal the identity of a physician or patient.
22-22 (h) Subsection (c)(1) and Subsection (g) do not prohibit the
22-23 release of a uniform physician identifier or a uniform patient
22-24 identifier in conjunction with associated public use data in
22-25 accordance with Section 108.011 or provider quality data in
23-1 accordance with Section 108.010.
23-2 (i) Notwithstanding any other law, the council and the
23-3 department may not provide information made confidential by this
23-4 section to any other agency of this state.
23-5 SECTION 13. Chapter 108, Health and Safety Code, is amended
23-6 by adding Section 108.0141 to read as follows:
23-7 Sec. 108.0141. CRIMINAL PENALTY. (a) A person who with
23-8 criminal negligence releases data in violation of this chapter
23-9 commits an offense.
23-10 (b) An offense under this section is a Class A misdemeanor.
23-11 SECTION 14. Subsections (j), (l), and (n), Section 108.009,
23-12 Health and Safety Code, are repealed.
23-13 SECTION 15. Subchapter C, Chapter 311, Health and Safety
23-14 Code, is amended by adding Section 311.039 to read as follows:
23-15 Sec. 311.039. EXEMPTION. A hospital may, but is not
23-16 required to, provide the data required by Section 311.033 if the
23-17 hospital:
23-18 (1) is exempt from state franchise, sales, ad valorem,
23-19 or other state or local taxes; and
23-20 (2) does not seek or receive reimbursement for
23-21 providing health care services to patients from any source,
23-22 including:
23-23 (A) the patient or any person legally obligated
23-24 to support the patient;
23-25 (B) a third party payor; or
24-1 (C) Medicaid, Medicare, or any other federal,
24-2 state, or local program for indigent health care.
24-3 SECTION 16. The change in law made by this Act applies only
24-4 to the collection and dissemination of data under Chapter 108,
24-5 Health and Safety Code, on or after the effective date of this Act.
24-6 The collection and dissemination of data before the effective date
24-7 of this Act is governed by the law as it existed immediately before
24-8 the effective date of this Act, and that law is continued in effect
24-9 for that purpose.
24-10 SECTION 17. This Act takes effect September 1, 1997.
24-11 SECTION 18. The importance of this legislation and the
24-12 crowded condition of the calendars in both houses create an
24-13 emergency and an imperative public necessity that the
24-14 constitutional rule requiring bills to be read on three several
24-15 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 802
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 802 passed the Senate on
March 26, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 12, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 802 passed the House, with
amendments, on May 6, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor