SRC-ARR H.B. 1513 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1513
76R10569 MCK-DBy: Maxey (Moncrief)
Health Services
5/10/1999
Engrossed


DIGEST 

The Texas Health Care Information Council (council) was created by the 73rd
Texas Legislature to develop a statewide health care data collection system
to collect health care charges, utilization data, provider quality data,
and outcome data to facilitate the promotion and accessibility of
cost-effective, quality health care. By collecting hospital-based data
requiring HMO reporting, the council has been able to provide useful report
cards on HMOs.  H.B. 1513 would set forth the powers and duties of the
Texas Health Care Information Council, and provide a criminal penalty.  

PURPOSE

As proposed, H.B. 1513 sets forth the powers and duties of the Texas Health
Care Information Council, and provides a criminal penalty.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Health Care Information
Council in SECTION 5 (Section 108.013(j), Health and Safety Code), SECTION
6 (Section 108.0135(b), Health and Safety Code), and SECTION 10 of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 108.002(14), Health and Safety Code, to redefine
"public use data." 

SECTION 2. Amends Section 108.003(g), Health and Safety Code, to provide
that Chapter 2110, Government Code, does not apply to an advisory committee
appointed under this section. Requires the technical advisory committees to
include a technical advisory committee with providers and consumers to
provide the advice and recommendations to the Texas Health Care Information
Council (council) relating to education about the development and
dissemination of the provider quality report and data, representatives of
consumers and each type of issuer of health benefit plans to assist the
council in complying with Section 108.009(o), and composed of providers,
consumers, and individuals who have expertise in a hospital information
system, health information management, and quality management, and security
of confidential data. Deletes text regarding the development and
dissemination of consumer education information and materials and
individuals who have expertise in the reimbursement of medical education
and research.  

SECTION 3. Amends Section 108.010(i), Health and Safety Code, to require
the council to release provider quality data in an aggregate form without
uniform physician identifiers when certain conditions exist.  

SECTION 4. Amends Section 108.011(i), Health and Safety Code, to make
conforming changes.  

SECTION 5. Amends Section 108.013, Health and Safety Code, by amending
Subsections (c), (e), (f), (g), and (h) and adding Subsection (j), to
prohibit the council from releasing certain information and a person or
entity from gaining access to certain data. Provides that data on
physicians and compilations produced from the data collected that identify
physicians are not to take certain action. Prohibits the council from
releasing data elements in a manner that will reveal the identity of a
physician. Provides that Subsections (c) and (g), rather than Subsection
(c)(1), do not prohibit the release of a uniform physician identifier in
conjunction with associated public use data in accordance with Section
108.001 or a provider quality report, rather than data, in accordance with
Section 108.010. Requires the council, by rule, with the assistance of the
advisory committee under Section 108.003(g)(5), to develop and  implement a
mechanism to comply with Subsection (c)(1) and (2).  

SECTION 6. Amends Chapter 108, Health and Safety Code, by adding Section
108.0135, as follows: 

Sec. 108.0135. SCIENTIFIC REVIEW PANEL. Requires the council to establish a
scientific review panel to review and approve requests for information
other than public use data. Requires the members of the panel to have
experience and expertise in ethics, patient confidentiality, and health
care data. Requires the council to adopt rules similar to the federal
Health Care Financing Administration's guidelines on releasing data.
Requires a request for information other than public use data to be made on
the form created by the council.   

SECTION 7. Amends Section 108.014, Health and Safety Code, by amending
Subsection (c) and adding Subsection (d), to provide that the venue of an
action brought under this section is in Travis County. Requires a civil
penalty recovered in a suit instituted by the attorney general under this
chapter to be deposited in the general revenue fund to the credit of the
health care information account.  

SECTION 8. Amends Section 108.0141, Health and Safety Code, to provide that
a person who knowingly accesses data in violation of this chapter or who
with criminal negligence releases data in violation of this chapter commits
an offense.  

SECTION 9. Amends Chapter 108, Health and Safety Code, by adding Sections
108.0142 and 108.0143, as follows: 

Sec. 108.0142. CIVIL CAUSE OF ACTION FOR IMPROPER ACCESS OR DISCLOSURE.
Provides that a person who is injured by the accessing or release of
information in violation of this chapter has a civil cause of action for
damages against the person who accessed or released the information in
violation on this chapter. Authorizes a plaintiff who prevails in a suit
under this section to recover certain damages.  

Sec. 108.0143. RELEASE OF LIABILITY. Provides that a provider or health
benefit plan that submits data to the council under this chapter is not
liable to the extent that the release of information violates another law.

SECTION 10. Effective date: September 1, 1999. Requires the council to
adopt initial rules required by Section 108.1013(j), Health and Safety
Code, as added by this Act, not later than January 1, 2000. Makes change in
law made by this Act to Section 108.0141, Health and Safety Code,
prospective.  

SECTION 11. Emergency clause.