80R8428 YDB-D
 
  By: Miller H.B. No. 2921
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to an annual report on hospital infection rates.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter D, Chapter 1001, Health and Safety
Code, is amended by adding Section 1001.076 to read as follows:
       Sec. 1001.076.  INFECTION RATES. (a) To protect the public
health and safety, the executive commissioner shall adopt rules and
procedures requiring hospitals licensed under Chapter 241, and any
other health care facility that the executive commissioner requires
by rule to comply with this section, to annually publish and make
available to the public a report on hospital infection rates. In
adopting the rules, the executive commissioner shall:
             (1)  determine the infections that must be reported and
the procedures for documenting and maintaining a record of the
infection rates for the annual report;
             (2)  determine the health care facilities that must
report the infections;
             (3)  establish the methods a health care facility is
required to use in making the report available to the public;
             (4)  determine the sanctions and penalties a health
care facility is subject to for failing to comply with the reporting
requirements; and
             (5)  provide any other procedures or rules the
executive commissioner considers necessary for implementing this
section.
       (b)  A hospital, and any other health care facility required
by rule to report under this section, must file a copy of the report
with the department not later than January 31 of each year on the
infection rates at the hospital or facility during the previous
year.
       (c)  In a report provided under Subsection (b), a hospital or
health care facility may not individually identify any patient or
health care professional. Any information collected by a hospital
or health care facility that individually identifies a patient or
health care professional is confidential and not subject to
disclosure under Chapter 552, Government Code, is not subject to
subpoena, and may not otherwise be released or made public except as
provided by rules adopted under this section.
       SECTION 2.  The executive commissioner of the Health and
Human Services Commission shall adopt the rules necessary to
implement Section 1001.076, Health and Safety Code, as added by
this Act, not later than January 1, 2008.
       SECTION 3.  This Act takes effect September 1, 2007.