1-1     By:  Zaffirini                                        S.B. No. 1591
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 19, 1999, rereferred to Committee on Human Services;
 1-5     April 29, 1999, reported adversely, with favorable Committee
 1-6     Substitute by the following vote:  Yeas 5, Nays 0; April 29, 1999,
 1-7     sent to printer.)
 1-8     COMMITTEE SUBSTITUTE FOR S.B. No. 1591               By:  Zaffirini
 1-9                            A BILL TO BE ENTITLED
1-10                                   AN ACT
1-11     relating to implementing national standards for the electronic
1-12     processing of health care and health payment information.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Subchapter B, Chapter 531, Government Code, is
1-15     amended by adding Sections 531.0315 and 531.0316 to read as
1-16     follows:
1-17           Sec. 531.0315.  IMPLEMENTING NATIONAL ELECTRONIC DATA
1-18     INTERCHANGE STANDARDS FOR HEALTH CARE INFORMATION.  (a)  Each
1-19     health and human services agency and every other state agency that
1-20     acts as a health care provider or a claims payer for the provision
1-21     of health care shall:
1-22                 (1)  process information related to health care in
1-23     compliance with national data interchange standards adopted under
1-24     Subtitle F, Title II, Health Insurance Portability and
1-25     Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.), and
1-26     its subsequent amendments, within the applicable deadline
1-27     established under federal law or federal regulations; or
1-28                 (2)  demonstrate to the commission the reasons the
1-29     agency should not be required to comply with Subdivision (1), and
1-30     obtain the commission's approval, to the extent allowed under
1-31     federal law:
1-32                       (A)  to comply with the standards at a later
1-33     date; or
1-34                       (B)  to not comply with one or more of the
1-35     standards.
1-36           (b)  This section does not prohibit a state agency from
1-37     seeking a federal waiver from compliance under applicable federal
1-38     law.
1-39           Sec. 531.0316.  HEALTH CLAIMS INFORMATION ON INTERNET.
1-40     (a)  The commission and the Texas Health Care Information Council
1-41     shall develop a plan to make information about claims for the
1-42     provision of health care that are paid with state money and
1-43     information about other claims for the provision of health care
1-44     that is collected by the state available through the Internet, to
1-45     the extent that the information is not identifiable to any
1-46     individual.
1-47           (b)  The commission and the council shall submit the plan to
1-48     the presiding officers of each house of the legislature not later
1-49     than November 1, 2000.
1-50           (c)  This section expires September 1, 2001.
1-51           SECTION 2.  Section 532.002, Government Code, is amended by
1-52     adding Subsection (c) to read as follows:
1-53           (c)  The commission shall require by rule that each contract
1-54     to carry out the purposes of this chapter, whether entered into by
1-55     the commission, by a health and human services agency acting under
1-56     Section 532.004, or by an intergovernmental initiative, shall
1-57     require any contractor that will create, maintain, or process
1-58     information related to the provision of or payment for health care
1-59     to comply in a timely manner with the national data interchange
1-60     standards adopted under Subtitle F, Title II, Health Insurance
1-61     Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
1-62     et seq.), and its subsequent amendments.
1-63           SECTION 3.  Section 109.061, Health and Safety Code, is
1-64     amended by adding Subsection (j) to read as follows:
 2-1           (j)  The corporation shall require eligible coverage
 2-2     providers to comply in a timely manner, in connection with the
 2-3     program, with the national data interchange standards adopted under
 2-4     Subtitle F, Title II, Health Insurance Portability and
 2-5     Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.), and
 2-6     its subsequent amendments.
 2-7           SECTION 4.  (a)  The National Data Interchange Standards Task
 2-8     Force is established to develop a coordinated strategy for the
 2-9     state's implementation of the national data interchange standards
2-10     adopted under Subtitle F, Title II, Health Insurance Portability
2-11     and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.),
2-12     and its subsequent amendments.  As part of developing the state's
2-13     strategy, the task force shall analyze the standards, the legal
2-14     requirements related to the standards, and the state's health care
2-15     payment or information systems in existence or under development.
2-16           (b)  The National Data Interchange Standards Task Force is
2-17     composed of the administrative head of each of the following state
2-18     offices and agencies or the designee of the administrative head:
2-19                 (1)  the comptroller of public accounts of the State of
2-20     Texas;
2-21                 (2)  the Employees Retirement System of Texas;
2-22                 (3)  the Texas Department of Health;
2-23                 (4)  the Texas Health Care Information Council;
2-24                 (5)  the Health and Human Services Commission;
2-25                 (6)  the Texas Department of Human Services;
2-26                 (7)  the Texas Higher Education Coordinating Board;
2-27                 (8)  the Department of Information Resources;
2-28                 (9)  the Texas Department of Insurance;
2-29                 (10)  the Texas Department of Mental Health and Mental
2-30     Retardation;
2-31                 (11)  the Teacher Retirement System of Texas;
2-32                 (12)  the State Office of Risk Management; and
2-33                 (13)  the Texas Workers' Compensation Commission.
2-34           (c)  The representative of the Health and Human Services
2-35     Commission is the presiding officer of the National Data
2-36     Interchange Standards Task Force.  The Health and Human Services
2-37     Commission shall direct the analyses required under this section.
2-38           (d)  The staff of each office and agency represented on the
2-39     National Data Interchange Standards Task Force may assist the task
2-40     force in performing its duties.
2-41           (e)  The National Data Interchange Standards Task Force shall
2-42     periodically report the results and conclusions of its analyses and
2-43     recommend needed legislation to the legislature.
2-44           (f)  The National Data Interchange Standards Task Force is
2-45     abolished September 1, 2005.
2-46           SECTION 5.  The importance of this legislation and the
2-47     crowded condition of the calendars in both houses create an
2-48     emergency and an imperative public necessity that the
2-49     constitutional rule requiring bills to be read on three several
2-50     days in each house be suspended, and this rule is hereby suspended,
2-51     and that this Act take effect and be in force from and after its
2-52     passage, and it is so enacted.
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