79R3515 UM-F
By: Duncan S.B. No. 1666
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a diabetes in youth registry.
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 97 to read as follows:
CHAPTER 97. DIABETES IN YOUTH REGISTRY
Sec. 97.001. DEFINITIONS. In this chapter:
(1) "Clinical laboratory" means an accredited
facility in which tests are performed that identify abnormal blood
sugars.
(2) "Department" means the Department of State Health
Services.
(3) "Diabetes" includes all types of diabetes.
(4) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(5) "Health care facility" means:
(A) a hospital as defined in Chapter 241;
(B) an ambulatory surgical center licensed under
Chapter 243;
(C) an institution licensed under Chapter 242; or
(D) any other facility that provides diagnosis or
treatment services to patients with diabetes.
(6) "Physician" means a person licensed to practice
medicine in this state.
(7) "Registry" means the diabetes in youth registry
established under this chapter.
Sec. 97.002. DIABETES IN YOUTH REGISTRY. (a) The
department shall maintain an accurate, precise, and current
registry of cases of diabetes diagnosed in persons younger than 21
years of age designed to help determine the impact of diabetes in
youth.
(b) The registry must include:
(1) the type of diabetes diagnosed;
(2) the age of the patient;
(3) the region in which the patient resides;
(4) the results of a test of the patient's glycated
hemoglobin at the time of diagnosis; and
(5) any other data appropriate to assist in
determining the impact of diabetes in youth.
Sec. 97.003. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER
AND DEPARTMENT. (a) The executive commissioner by rule shall
develop guidelines to:
(1) determine the type of data to include in the
registry in accordance with Section 97.002(b);
(2) protect the confidentiality of patients in
accordance with Sections 97.006 and 97.008 of this code and Section
159.002, Occupations Code;
(3) collect the necessary data from clinical
laboratories, health care facilities, and physicians;
(4) compile and analyze the data;
(5) publish studies derived from the patient data
obtained under this chapter; and
(6) provide information regarding diabetes that is
useful to physicians, other medical personnel, and the public.
(b) The executive commissioner may adopt rules as necessary
to administer this chapter.
(c) The department may enter into contracts as necessary for
the purposes of this chapter.
(d) The department may accept and administer gifts and
grants for the purposes of this chapter.
Sec. 97.004. REPORT OF REGISTRY ACTIVITIES AND FINDINGS.
(a) The department shall publish an annual report to the
legislature using data contained in the registry. The report may
include:
(1) a summary of the statistical information compiled
in the registry, including a specific discussion of any clusters,
high or low incidences, or trends encountered; or
(2) any policy, research, educational, or other
recommendations the department considers appropriate.
(b) The department, in cooperation with other diabetes
reporting organizations and research institutions, may publish
reports the department determines are necessary or desirable to
carry out the purpose of this chapter.
Sec. 97.005. DATA FROM MEDICAL RECORDS. (a) To ensure an
accurate and continuing source of data concerning diabetes, each
health care facility, clinical laboratory, and physician shall
furnish to the department or its representative, on request, data
the department considers necessary and appropriate that is derived
from each medical record in the custody or under the control of the
health care facility, clinical laboratory, or physician that
pertains to a newly diagnosed case of diabetes in a person younger
than 21 years of age.
(b) A health care facility, clinical laboratory, or
physician shall furnish the data requested under Subsection (a) in
a reasonable format prescribed by the department and within six
months of the diagnosis of diabetes.
(c) A health care facility, clinical laboratory, or
physician that knowingly or in bad faith fails to furnish data as
required by this chapter shall reimburse the department for the
costs of accessing and reporting the data. The costs reimbursed
under this subsection must be reasonable based on the actual costs
incurred by the department in the collection of the data and may
include salary and travel expenses.
(d) The department, after providing an opportunity for
hearing, may assess a late fee on an amount due under Subsection (c)
that is 60 days or more overdue. The late fee may not exceed one and
one-half percent of the total amount due for each month or portion
of a month the amount is not paid in full.
Sec. 97.006. CONFIDENTIALITY. (a) Reports, records, and
information obtained under this chapter are confidential and are
not subject to disclosure under Chapter 552, Government Code, are
not subject to subpoena, and may not otherwise be released. The
reports, records, and information obtained under this chapter are
for the confidential use of the department and the persons or public
or private entities that the department determines are necessary to
carry out the intent of this chapter.
(b) Medical or epidemiological information may be released:
(1) for statistical purposes in a manner that prevents
identification of individuals, health care facilities, clinical
laboratories, or physicians or other health care practitioners;
(2) with the consent of each person identified in the
information; or
(3) to promote diabetes research, including release of
information to other diabetes registries and appropriate state and
federal agencies, under rules adopted by the executive commissioner
to ensure confidentiality as required by state and federal laws.
(c) A state employee may not testify in a civil, criminal,
special, or other proceeding as to the existence or contents of
records, reports, or information concerning an individual whose
medical records have been used in submitting data required under
this chapter unless the individual consents in advance.
(d) Data furnished to a diabetes registry or a diabetes
researcher under Subsection (b)(3) is for the confidential use of
the diabetes registry or the diabetes researcher, as applicable,
and is subject to Subsection (a).
Sec. 97.007. IMMUNITY FROM LIABILITY. The following
persons subject to this chapter that act in compliance with this
chapter are not civilly or criminally liable for furnishing the
information required under this chapter:
(1) a health care facility or clinical laboratory;
(2) an administrator, officer, or employee of a health
care facility or clinical laboratory;
(3) a physician or employee of a physician; and
(4) an employee of the department.
Sec. 97.008. COMPLIANCE WITH FEDERAL LAW. (a) To the extent
that this chapter authorizes the disclosure of protected health
information by a covered entity, as those terms are defined by the
privacy rule of the Administrative Simplification subtitle of the
Health Insurance Portability and Accountability Act of 1996 (Pub.
L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part
164, Subparts A and E, the covered entity shall ensure that the
disclosure complies with all applicable requirements, standards,
and implementation specifications of the privacy rule.
(b) To the extent that the provisions of this chapter, and
the rules adopted under this chapter, relating to the use or
disclosure of information in the registry are more stringent than
the privacy rule described by Subsection (a), this chapter governs
the use or disclosure of information in the registry.
Sec. 97.009. EXAMINATION AND SUPERVISION NOT REQUIRED.
This chapter does not require an individual to submit to any medical
examination or supervision or to examination or supervision by the
department.
SECTION 2. The Department of State Health Services is not
required to collect information for the registry established under
Chapter 97, Health and Safety Code, as added by this Act, for a
patient who was diagnosed before January 1, 2006.
SECTION 3. This Act takes effect September 1, 2005.