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.