By Zaffirini S.B. No. 1591
76R7530 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to implementing national standards for the electronic
1-3 processing of health care and health payment information.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 2054, Government Code, is
1-6 amended by adding Sections 2054.0542 and 2054.0543 to read as
1-7 follows:
1-8 Sec. 2054.0542. IMPLEMENTING NATIONAL ELECTRONIC DATA
1-9 INTERCHANGE STANDARDS FOR HEALTH CARE INFORMATION. Each health and
1-10 human services agency, as defined by Section 531.001, and every
1-11 other state agency that acts as a health care provider or a claims
1-12 payer for the provision of health care shall:
1-13 (1) process information related to health care in
1-14 compliance with national data interchange standards adopted under
1-15 Subtitle F, Title II, Health Insurance Portability and
1-16 Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.), and
1-17 its subsequent amendments, within two years after the date the
1-18 standards are adopted; or
1-19 (2) demonstrate to the department the reasons the
1-20 agency should not be required to comply with Subdivision (1) and
1-21 obtain the department's approval:
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 Sec. 2054.0543. HEALTH CLAIMS INFORMATION ON INTERNET. (a)
2-3 The department and the Texas Health Care Information Council shall
2-4 develop a plan to make information about claims for the provision
2-5 of health care that are paid with state money and information about
2-6 other claims for the provision of health care that is collected by
2-7 the state available through the Internet, to the extent that the
2-8 information is not identifiable to any individual.
2-9 (b) The department and the council shall submit the plan to
2-10 the presiding officers of each house of the legislature not later
2-11 than November 1, 2000.
2-12 (c) This section expires September 1, 2001.
2-13 SECTION 2. Section 532.002, Government Code, is amended by
2-14 adding Subsection (c) to read as follows:
2-15 (c) The commission shall require by rule that each contract
2-16 to carry out the purposes of this chapter, whether entered into by
2-17 the commission, by a health and human services agency acting under
2-18 Section 532.004, or by an intergovernmental initiative, shall
2-19 require any contractor that will create, maintain, or process
2-20 information related to the provision of or payment for health care
2-21 to comply in a timely manner with the national data interchange
2-22 standards adopted under Subtitle F, Title II, Health Insurance
2-23 Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
2-24 et seq.), and its subsequent amendments.
2-25 SECTION 3. Section 109.061, Health and Safety Code, is
2-26 amended by adding Subsection (j) to read as follows:
2-27 (j) The corporation shall require eligible coverage
3-1 providers to comply in a timely manner, in connection with the
3-2 program, with the national data interchange standards adopted under
3-3 Subtitle F, Title II, Health Insurance Portability and
3-4 Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.), and
3-5 its subsequent amendments.
3-6 SECTION 4. (a) The National Data Interchange Standards Task
3-7 Force is established to develop a coordinated strategy for the
3-8 state's implementation of the national data interchange standards
3-9 adopted under Subtitle F, Title II, Health Insurance Portability
3-10 and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.),
3-11 and its subsequent amendments. As part of developing the state's
3-12 strategy, the task force shall analyze the standards, the legal
3-13 requirements related to the standards, and the state's health care
3-14 payment or information systems in existence or under development.
3-15 (b) The task force is composed of the administrative head of
3-16 each of the following state offices and agencies or the designee of
3-17 the administrative head:
3-18 (1) the comptroller;
3-19 (2) the Employees Retirement System of Texas;
3-20 (3) the Texas Department of Health;
3-21 (4) the Texas Health Care Information Council;
3-22 (5) the Health and Human Services Commission;
3-23 (6) the Texas Department of Human Services;
3-24 (7) the Texas Higher Education Coordinating Board;
3-25 (8) the Department of Information Resources;
3-26 (9) the Texas Department of Insurance;
3-27 (10) the Texas Department of Mental Health and Mental
4-1 Retardation;
4-2 (11) the Teacher Retirement System; and
4-3 (12) the Texas Workers' Compensation Commission.
4-4 (c) The representative of the Department of Information
4-5 Resources is the presiding officer of the task force. The
4-6 Department of Information Resources shall direct the analyses
4-7 required under this section.
4-8 (d) The staff of each office and agency represented on the
4-9 task force may assist the task force in performing its duties.
4-10 (e) The task force shall periodically report the results and
4-11 conclusions of its analyses and recommend needed legislation to the
4-12 legislature.
4-13 (f) The task force is abolished September 1, 2005.
4-14 SECTION 5. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.