By: Zaffirini S.B. No. 1591
A BILL TO BE ENTITLED
AN ACT
1-1 relating to implementing national standards for the electronic
1-2 processing of health care and health payment information.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1-5 amended by adding Sections 531.0315 and 531.0316 to read as
1-6 follows:
1-7 Sec. 531.0315. IMPLEMENTING NATIONAL ELECTRONIC DATA
1-8 INTERCHANGE STANDARDS FOR HEALTH CARE INFORMATION. (a) Each
1-9 health and human services agency and every other state agency that
1-10 acts as a health care provider or a claims payer for the provision
1-11 of health care shall:
1-12 (1) process information related to health care in
1-13 compliance with national data interchange standards adopted under
1-14 Subtitle F, Title II, Health Insurance Portability and
1-15 Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.), and
1-16 its subsequent amendments, within the applicable deadline
1-17 established under federal law or federal regulations; or
1-18 (2) demonstrate to the commission the reasons the
1-19 agency should not be required to comply with Subdivision (1), and
1-20 obtain the commission's approval, to the extent allowed under
1-21 federal law:
1-22 (A) to comply with the standards at a later
1-23 date; or
1-24 (B) to not comply with one or more of the
2-1 standards.
2-2 (b) This section does not prohibit a state agency from
2-3 seeking a federal waiver from compliance under applicable federal
2-4 law.
2-5 Sec. 531.0316. HEALTH CLAIMS INFORMATION ON INTERNET.
2-6 (a) The commission and the Texas Health Care Information Council
2-7 shall develop a plan to make information about claims for the
2-8 provision of health care that are paid with state money and
2-9 information about other claims for the provision of health care
2-10 that is collected by the state available through the Internet, to
2-11 the extent that the information is not identifiable to any
2-12 individual.
2-13 (b) The commission and the council shall submit the plan to
2-14 the presiding officers of each house of the legislature not later
2-15 than November 1, 2000.
2-16 (c) This section expires September 1, 2001.
2-17 SECTION 2. Section 532.002, Government Code, is amended by
2-18 adding Subsection (c) to read as follows:
2-19 (c) The commission shall require by rule that each contract
2-20 to carry out the purposes of this chapter, whether entered into by
2-21 the commission, by a health and human services agency acting under
2-22 Section 532.004, or by an intergovernmental initiative, shall
2-23 require any contractor that will create, maintain, or process
2-24 information related to the provision of or payment for health care
2-25 to comply in a timely manner with the national data interchange
2-26 standards adopted under Subtitle F, Title II, Health Insurance
3-1 Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
3-2 et seq.), and its subsequent amendments.
3-3 SECTION 3. Section 109.061, Health and Safety Code, is
3-4 amended by adding Subsection (j) to read as follows:
3-5 (j) The corporation shall require eligible coverage
3-6 providers to comply in a timely manner, in connection with the
3-7 program, with the national data interchange standards adopted under
3-8 Subtitle F, Title II, Health Insurance Portability and
3-9 Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.), and
3-10 its subsequent amendments.
3-11 SECTION 4. (a) The National Data Interchange Standards Task
3-12 Force is established to develop a coordinated strategy for the
3-13 state's implementation of the national data interchange standards
3-14 adopted under Subtitle F, Title II, Health Insurance Portability
3-15 and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.),
3-16 and its subsequent amendments. As part of developing the state's
3-17 strategy, the task force shall analyze the standards, the legal
3-18 requirements related to the standards, and the state's health care
3-19 payment or information systems in existence or under development.
3-20 (b) The National Data Interchange Standards Task Force is
3-21 composed of the administrative head of each of the following state
3-22 offices and agencies or the designee of the administrative head:
3-23 (1) the comptroller of public accounts of the State of
3-24 Texas;
3-25 (2) the Employees Retirement System of Texas;
3-26 (3) the Texas Department of Health;
4-1 (4) the Texas Health Care Information Council;
4-2 (5) the Health and Human Services Commission;
4-3 (6) the Texas Department of Human Services;
4-4 (7) the Texas Higher Education Coordinating Board;
4-5 (8) the Department of Information Resources;
4-6 (9) the Texas Department of Insurance;
4-7 (10) the Texas Department of Mental Health and Mental
4-8 Retardation;
4-9 (11) the Teacher Retirement System of Texas;
4-10 (12) the State Office of Risk Management; and
4-11 (13) the Texas Workers' Compensation Commission.
4-12 (c) The representative of the Health and Human Services
4-13 Commission is the presiding officer of the National Data
4-14 Interchange Standards Task Force. The Health and Human Services
4-15 Commission shall direct the analyses required under this section.
4-16 (d) The staff of each office and agency represented on the
4-17 National Data Interchange Standards Task Force may assist the task
4-18 force in performing its duties.
4-19 (e) The National Data Interchange Standards Task Force shall
4-20 periodically report the results and conclusions of its analyses and
4-21 recommend needed legislation to the legislature.
4-22 (f) The National Data Interchange Standards Task Force is
4-23 abolished September 1, 2005.
4-24 SECTION 5. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended,
5-3 and that this Act take effect and be in force from and after its
5-4 passage, and it is so enacted.