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A BILL TO BE ENTITLED
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AN ACT
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relating to an annual report on hospital infection rates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 1001, Health and Safety |
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Code, is amended by adding Section 1001.076 to read as follows: |
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Sec. 1001.076. INFECTION RATES. (a) To protect the public |
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health and safety, the executive commissioner shall adopt rules and |
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procedures requiring hospitals licensed under Chapter 241, and any |
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other health care facility that the executive commissioner requires |
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by rule to comply with this section, to annually publish and make |
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available to the public a report on hospital infection rates. In |
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adopting the rules, the executive commissioner shall: |
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(1) determine the infections that must be reported and |
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the procedures for documenting and maintaining a record of the |
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infection rates for the annual report; |
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(2) determine the health care facilities that must |
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report the infections; |
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(3) establish the methods a health care facility is |
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required to use in making the report available to the public; |
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(4) determine the sanctions and penalties a health |
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care facility is subject to for failing to comply with the reporting |
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requirements; and |
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(5) provide any other procedures or rules the |
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executive commissioner considers necessary for implementing this |
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section. |
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(b) A hospital, and any other health care facility required |
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by rule to report under this section, must file a copy of the report |
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with the department not later than January 31 of each year on the |
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infection rates at the hospital or facility during the previous |
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year. |
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(c) In a report provided under Subsection (b), a hospital or |
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health care facility may not individually identify any patient or |
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health care professional. Any information collected by a hospital |
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or health care facility that individually identifies a patient or |
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health care professional is confidential and not subject to |
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disclosure under Chapter 552, Government Code, is not subject to |
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subpoena, and may not otherwise be released or made public except as |
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provided by rules adopted under this section. |
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SECTION 2. The executive commissioner of the Health and |
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Human Services Commission shall adopt the rules necessary to |
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implement Section 1001.076, Health and Safety Code, as added by |
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this Act, not later than January 1, 2008. |
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SECTION 3. This Act takes effect September 1, 2007. |