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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of electronic health records by health |
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care providers and facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Chapter 311, Health & Safety Code, is |
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amended by adding Subchapter E to read as follows: |
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SUBCHAPTER E. ELECTRONIC HEALTH RECORDS |
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Sec. 311.051. DEFINITIONS. In this subchapter "Qualifying |
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hospital" means: |
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(1) A hospital in Texas associated with an academic |
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medical center or health science center that uses an electronic |
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health record system; or |
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(2) A hospital receiving payments through the medical |
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assistance program for which costs associated with the |
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implementation or maintenance of an electronic health record are |
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included in the calculation of prospective payment rates; |
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Sec. 311.052. DUTY OF QUALIFYING HOSPITALS TO SHARE |
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ELECTRONIC HEALTH RECORD SYSTEMS. (a) A qualifying hospital shall |
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allow community-based health care providers remotely to access and |
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use its electronic health record system. |
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(b) A qualifying hospital may establish a fee to be paid by |
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each participating provider to cover the marginal cost associated |
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with allowing each additional provider to use the hospital's |
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electronic health record system. |
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(c) A qualifying hospital may not restrict the use of its |
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electronic health record system by a provider based on that |
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provider's pattern of referrals or on any other financial or |
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clinical relationships between the qualifying hospital and a |
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participating provider. |
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(d) A qualifying hospital shall submit to the Department of |
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State Health Services: |
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(1) A description of the capabilities and features of |
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its electronic health record system; |
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(2) A description of the hardware, software, and |
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access requirements associated with its electronic health record |
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system; |
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(3) A fee schedule describing and justifying the fees |
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to be assessed for access to the electronic health record system; |
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and |
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(4) An affidavit signed by the executive officer of |
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the hospital attesting to the hospital's compliance with |
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311.052(c). |
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(e) The Department of State Health Services may grant a |
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qualifying hospital a waiver of the requirements of subsection |
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311.052(a)-311.052(d) if the qualifying hospital can demonstrate |
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that meeting the requirements would be unreasonably inefficient or |
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impractical. |
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(f) The Department of State Health Services and the Texas |
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Medical Board shall jointly develop a provider web-portal through |
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which providers can obtain information on available electronic |
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health record systems. |
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(g) The Department of State Health Services may develop |
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rules to administer this subchapter. |
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SECTION 2. (a) Chapter 531.021, Health & Safety Code, is |
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amended by adding Subsection (h) to read as follows: |
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(h) In adopting rates for medical assistance payments to |
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hospitals under Subsection (b)(2), the executive commissioner may |
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not allow a hospital to include the costs of implementation or |
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maintenance of an electronic health record system unless the |
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hospital allows community-based providers remotely to access and |
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use its electronic health record system as required by Health & |
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Safety Code, Chapter 311, Subchapter E. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2007. |