BILL ANALYSIS
By: Chavez
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Currently, the Uniform Electronic Transactions Act (Chapter 43, Business and Commerce Code) authorizes state agencies to employ e-signatures and ensures that an agency may employ any of a number of different technologies available, including ID/password combinations, PKI (public key infrastructure, which involves encryption and a public/private key pair), and biometrics (thumb prints, retinal scan, signature dynamics, digitized signatures, etc.).
The bill would confirm the Health and Human Service Commission’s authority to employ electronic signatures, as currently provided in the Uniform Electronic Transactions Act, for any business, administrative, or program transaction in the administration of any health and human services program. The bill would enable a health and human services agency to reduce paper transactions and streamline processes, both internally and with participating service providers and clients, by allowing the use of electronic signatures.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Sets forth the intent of the Legislature and states that it is the intent of the Legislature that the Health and Human Services Commission use digital or electronic technology, to the greatest extent feasible, to reduce paper transactions, streamline processes, and promote provider participation and client access to services, including the submission or applications, the determination of eligibility, and requests for recertification, re-determination, and appeals.
SECTION 2. Amends Section 531.0055, Government Code, by adding Subsection (m)
Requires the executive commissioner of the Health and Human Services Commission to establish standards for the utilization of electronic signatures in accordance with the Uniform Electronic Transactions Act with respect to any transaction, as defined by the Business and Commerce Code, in the administration of health and human services program.
EFFECTIVE DATE
September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The introduced version of the bill was a non-Legislative Council draft. The substitute is a Legislative Council draft and makes minor language changes. It changes the word "utilization" to "use"; changes "facilitate" to "promote" and changes "Section 43.002(15)" to "Section 43.002".