78R6865 MCK-F

By:  Coleman                                                      H.B. No. 1556


A BILL TO BE ENTITLED
AN ACT
relating to the immunization registry. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 161.007, Health and Safety Code, is amended to read as follows: Sec. 161.007. IMMUNIZATION REGISTRY; REPORTS TO DEPARTMENT. (a) The department, for purposes of establishing and maintaining a single repository of accurate, complete, and current immunization records to be used in aiding, coordinating, and promoting efficient and cost-effective childhood communicable disease prevention and control efforts, shall establish and maintain a childhood immunization registry. The department by rule shall develop guidelines to: (1) protect the confidentiality of patients in accordance with Section 159.002, Occupations Code; (2) inform a parent, managing conservator, or guardian of each patient about the registry; and (3) permit [require the written consent of] a parent, managing conservator, or guardian of a patient to choose to have the patient excluded from [before any information relating to the patient is included in] the registry[; and [(4) permit a parent, managing conservator, or guardian to withdraw consent for the patient to be included in the registry]. (b) Except as provided by Section 161.0071, the [The] childhood immunization registry must contain information on the immunization history that is obtained by the department under this section of each person who is younger than 18 years of age [and for whom consent has been obtained in accordance with guidelines adopted under Subsection (a). The department shall remove from the registry information for any person for whom consent has been withdrawn]. (c) An insurance company, a health maintenance organization, or another organization that pays or reimburses a claim for an immunization of a person younger than 18 years of age shall provide an immunization history to the department. The report shall be in a format prescribed by the department, which may include submission in writing, by electronic format, or by voice. An insurance company, health maintenance organization, or other organization is not required to provide an immunization history to the department under this subsection for a person excluded from the registry. The department shall consult with entities required to report under this section to determine the most efficient and cost-effective manner of reporting immunization histories [for whom consent has not been obtained in accordance with guidelines adopted under Subsection (a) or for whom consent has been withdrawn]. (d) A health care provider, including an emergency medical services provider, who administers an immunization to a person younger than 18 years of age shall provide an immunization history to the department unless the immunization history is submitted to an insurance company, a health maintenance organization, or another organization that pays or reimburses a claim for an immunization to a person younger than 18 years of age. The report shall be in a format prescribed by the department, which may include submission in writing, by electronic means, or by voice. A health care provider, including an emergency medical services provider, is not required to provide an immunization history to the department under this subsection for a person excluded from the registry. The department shall consult with health care providers, including emergency medical services providers, to determine the most efficient and cost-effective manner of reporting immunization histories [for whom consent has not been obtained in accordance with guidelines adopted under Subsection (a) or for whom consent has been withdrawn]. (e) The department may use the registry to provide notices by mail, telephone, personal contact, or other means to a parent, managing conservator, or guardian regarding his or her child or ward who is due or overdue for a particular type of immunization according to the department's immunization schedule. The notice must contain instructions for the parent, managing conservator, or guardian to request that future notices not be sent and to remove the child's immunization record from the registry and any other registry-related records. The notice must describe the procedure to report a violation if a child is included in the registry after requesting exclusion. The department shall consult with health care providers, including emergency medical services providers, to determine the most efficient and cost-effective manner of using the registry to provide those notices. (f) Nothing in this subchapter [section] diminishes a parent's, managing conservator's, or guardian's responsibility for having a child immunized properly, subject to Section 161.004(d). (g) A person, including a health care provider, an emergency medical services provider, a health maintenance organization, or an insurance company, who submits or obtains in good faith an immunization history or data to or from the department in compliance with the provisions of this subchapter [section] and any rules adopted under this subchapter [section] is not liable for any civil damages. (h) [Information obtained by the department for the immunization registry is confidential and may be disclosed only with the written consent of the child's parent, managing conservator, or guardian. [(i)] The board shall adopt rules to implement this subchapter [section]. SECTION 2. Subchapter A, Chapter 161, Health and Safety Code, is amended by adding Section 161.0071 to read as follows: Sec. 161.0071. NOTICE OF RECEIPT OF REGISTRY DATA; EXCLUSION FROM REGISTRY. (a) The first time the department receives registry data for a child, the department shall send a written notification to the child's parent, managing conservator, or guardian disclosing: (1) that providers and insurers may be sending the child's immunization information to the department, but the department may not keep the information if the parent, managing conservator, or guardian chooses to exclude the child from the registry; (2) the information that is included in the registry; (3) the persons to whom the information may be released under Section 161.008(d); (4) the purpose and use of the registry; (5) the procedure to exclude a child from the registry; and (6) the procedure to report a violation if a parent, managing conservator, or guardian discovers a child is included in the registry after exclusion has been requested. (b) The department shall delete the child's immunization records from the registry and any other registry-related department record that individually identifies the child, not later than the 30th day after the date the department receives from the parent, managing conservator, or guardian of the child a written request that the child be excluded from the registry. The department shall maintain only those records related to the child necessary to ensure that the child continues to be excluded from the registry. (c) The department shall send to a parent, managing conservator, or guardian who makes a written request under Subsection (b) a written confirmation of receipt of the request for exclusion and the exclusion of the child's records from the registry. (d) The department commits a violation if the department fails to exclude a child from the registry within the period required by Subsection (b). (e) A parent, managing conservator, or guardian may request that the birth certificate of a child be excluded from the registry. (f) The department shall accept any written indication from a parent, managing conservator, or guardian communicating to the department that a child should be excluded from the registry, including a statement on the child's birth certificate, as a request for exclusion under Subsection (b). SECTION 3. Subchapter A, Chapter 161, Health and Safety Code, is amended by adding Section 161.0072 to read as follows: Sec. 161.0072. REGISTRY CONFIDENTIALITY. (a) The information that individually identifies a child received by the department for the immunization registry is confidential and may be used by the department for registry purposes only. (b) Unless specifically authorized under this subchapter, the department may not release registry information to any individual or entity without the consent of the person, or if a minor, the parent, managing conservator, or guardian of the child. (c) A person required to report information to the department for registry purposes or authorized to receive information from the registry may not disclose the individually identifiable information to any other person without written consent of the parent, managing conservator, or guardian of the child, except as provided by Chapter 159, Occupations Code. (d) Registry information is not: (1) subject to discovery, subpoena, or other means of legal compulsion for release to any person or entity except as provided by this subchapter; or (2) admissible in any civil, administrative, or criminal proceeding. SECTION 4. Subchapter A, Chapter 161, Health and Safety Code, is amended by adding Section 161.0075 to read as follows: Sec. 161.0075. REPORT TO LEGISLATURE. (a) The department shall report to the Legislative Budget Board, the governor, the lieutenant governor, the speaker of the house of representatives, and appropriate committees of the legislature not later than December 1 of each even-numbered year. (b) The department shall use the report required under Subsection (a) to develop ways to increase immunization rates using state and federal resources. (c) The report must: (1) include the current immunization rates by geographic region of the state, where available; (2) focus on the geographic regions of the state with immunization rates below the state average for preschool children; (3) describe the approaches identified to increase immunization rates in underserved areas and the estimated cost for each; (4) identify changes to department procedures needed to increase immunization rates; (5) identify the services provided under and provisions of contracts entered into by the department to increase immunization rates in underserved areas; (6) identify performance measures used in contracts described by Subdivision (5); (7) include the number of complaints received by the department related to the department's failure to comply with requests for exclusion of individuals from the registry; and (8) identify all reported incidents of discrimination for requesting exclusion from the registry. SECTION 5. Section 161.008, Health and Safety Code, is amended by amending Subsections (c) and (d) and adding Subsections (e)-(h) to read as follows: (c) The department[, only with the consent of a child's parent, managing conservator, or guardian,] may[: [(1)] obtain the data constituting an immunization record for the child from a public health district, a local health department, an insurance company, a health maintenance organization, or any other organization that pays or reimburses a claim for immunization, or any physician, health care professional, emergency medical services provider, or health care facility personnel licensed or otherwise authorized to administer vaccines. (d) After the 30th day after the date notice was sent by the department to the child's parent, managing conservator, or guardian under Section 161.0071, the department, if the department has not received a written request to exclude the child from the registry, may: (1) enter the child into the registry; and [or a physician to the child; or] (2) release the data constituting an immunization record for the child to any entity in this state that is described by Subsection (c) and is providing immunization services to the child or to [a public health district, a local health department, a physician to the child, or] a school or child care facility in which the child is enrolled. (e) [(d)] A parent, managing conservator, or legal guardian may obtain and on request to the department shall be provided with all individually identifiable immunization registry information concerning his or her child or ward. (f) The department may release nonidentifying summary statistics related to the registry that do not individually identify a child. (g) The department may develop a secure Internet-based system by which a school or child care facility may verify a child's immunization record for immunizations required by Sections 38.001 and 51.933, Education Code. (h) The department may share with other state health departments information relating to the registry that does not individually identify any child. SECTION 6. The report required under Section 161.007(c), Health and Safety Code, as amended by this Act, and the data obtained or released under Section 161.008, Health and Safety Code, as amended by this Act, may not be accepted or released by the Texas Department of Health until the department has adopted rules and prescribed the forms required by this Act. SECTION 7. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.