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79R683 MCK-D

By:  Davis of Dallas                                              H.B. No. 734



A BILL TO BE ENTITLED

AN ACT

relating to infection rates at health-care facilities.                        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle D, Title 2, Health and Safety Code, is 
amended by adding Chapter 96 to read as follows:
	CHAPTER 96.  HEALTH-CARE ASSOCIATED INFECTION RATES
	Sec. 96.001.  DEFINITIONS.  In this chapter:                            
		(1)  "Department" means the Department of State Health 
Services.     
		(2)  "Health-care facility" means a public or private 
general or special hospital licensed under Chapter 241, including a 
hospital that is owned or operated by the state, an ambulatory 
surgical center licensed under Chapter 243, or a physician's 
office.
		(3)  "Health-care associated infection" means a 
localized or symptomatic condition resulting from an adverse 
reaction to an infectious agent or its toxins that was not present 
or incubating at the time of admission to, or services were 
initially provided by, the health-care facility.
	Sec. 96.002.  COLLECTION OF HEALTH-CARE ASSOCIATED 
INFECTION RATE DATA. (a)  Each health-care facility shall report 
the health-care associated infection rate for that health-care 
facility to the department.
	(b)  The report shall be made at the times directed by the 
department, but at least quarterly.
	(c)  The department shall prescribe the form of the report to 
be made under this section.
	Sec. 96.003.  ANNUAL INFORMATION REPORTS.  (a)  The 
department shall prepare an annual information report on 
health-care associated infection rates in health-care facilities 
in this state for distribution to the public.
	(b)  The department shall include in the annual information 
report any information that the department determines would be 
helpful to individuals in evaluating health-care facilities based 
on the health-care associated infection rate, including 
information relating to the types of patients treated by the 
health-care facility and the source of infection.  The department 
may require each health-care facility to report additional 
information necessary for the department to comply with this 
subsection.
	Sec. 96.004.  PUBLIC INFORMATION; CONFIDENTIALITY.  (a)  
Except as provided by Subsection (b), information reported to the 
department under Section 96.002 is public information.
	(b)  The department may not release any information under 
this chapter that could reasonably be expected to reveal the 
identity of a patient or that reveals the zip code of a patient's 
primary residence.
	Sec. 96.005.  PUBLICATION OF HEALTH-CARE ASSOCIATED 
INFECTION RATES.  The department shall publish health-care 
associated infection rate information for each health-care 
facility in this state on the department's Internet website.
	SECTION 2.  The executive commissioner of the Health and 
Human Services Commission shall adopt any rules necessary to 
implement Chapter 96, Health and Safety Code, as added by this Act, 
not later than January 1, 2006, and shall require submission of the 
initial reports required to be made under that chapter not later 
than May 1, 2006.
	SECTION 3.  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, 2005.