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A BILL TO BE ENTITLED
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AN ACT
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relating to electronic health information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 12, Health and Safety Code, is amended by |
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adding Subtitle B to read as follows: |
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SUBTITLE B. DEPARTMENT FUNCTIONS |
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CHAPTER 1051. ELECTRONIC HEALTH INFORMATION |
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Sec. 1051.001. ELECTRONIC HEALTH INFORMATION COORDINATING |
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COMMITTEE. (a) The electronic health information coordinating |
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committee advises the department and the governor as provided by |
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this section. The committee consists of 11 members appointed by the |
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governor and must include physicians, patients, and |
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representatives of hospitals, health plans, pharmacies, and |
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clinical laboratories. |
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(b) The governor shall designate one member of the committee |
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to serve as the presiding officer of the committee. |
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(c) The governor may fill any vacancy that may occur on the |
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committee and may appoint other voting or ex officio, nonvoting |
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members as needed. |
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(d) The members of the committee serve at the pleasure of |
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the governor. |
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(e) The department may provide staff to assist the committee |
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as necessary. |
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(f) The committee shall: |
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(1) consult with practicing physicians and others to |
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develop recommendations concerning financial incentives to |
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increase physicians' use of electronic health records systems that |
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meet patients' expectations for privacy and control of access to |
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patient records; |
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(2) consult with advisory groups to explore policy |
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changes that would increase the adoption of electronic health |
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records systems; |
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(3) consult with organizations in this state that are |
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focused on the adoption of health information technology; |
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(4) serve as a liaison with federal agencies |
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concerning electronic health information exchange; and |
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(5) provide recommendations concerning the design and |
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implementation of the electronic health information exchange |
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framework for regional stakeholders in the state, including |
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recommendations concerning: |
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(A) technology and data standards; |
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(B) privacy and confidentiality protocols; |
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(C) targeted policies necessary, if any, for |
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special-needs populations and the providers that serve those |
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populations; |
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(D) coordination of state agency health |
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information technology activities; |
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(E) coordination and collaboration of regional |
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health information technology and health information exchange |
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initiatives; |
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(F) administration of designated statewide funds |
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for health information technology and health information exchange; |
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(G) promotion of regional health information |
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exchanges; |
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(H) education about national technical and |
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privacy standards; |
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(I) marketing and media materials; and |
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(J) a plan, developed in consultation with other |
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health information technology and health information exchange |
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resources, to educate affected persons about electronic health |
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information exchange. |
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Sec. 1051.002. CENTERS OF EXCELLENCE. The department shall |
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establish centers of excellence at the regional or state level to |
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facilitate the sharing of information between patients, providers, |
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vendors, and health benefit plans and other third party payors |
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through electronic mailing lists or Internet-based information |
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sharing technology. |
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Sec. 1051.003. DUTIES OF DEPARTMENT. The department shall: |
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(1) identify health information exchange standards, |
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including data and messaging standards; |
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(2) monitor and actively participate in federal |
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initiatives related to health information technology and health |
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information exchange and health information technology forums; and |
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(3) strengthen public health information |
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infrastructure to interconnect sources of health and health care |
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data, and where necessary, extend the public health information |
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infrastructure in the underserved areas of the state. |
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Sec. 1051.004. MEDICAL TRADING AREAS. (a) In this section, |
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"medical trading area" means a geographic area in which patients |
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receive health care services from physicians and other health care |
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providers who, formally or informally, are working together. |
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(b) The department shall identify medical trading areas |
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that may benefit from health information exchange using health |
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information technology. |
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(c) The department shall evaluate each identified medical |
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trading area based on characteristics that indicate whether health |
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information exchange among health care providers that serve the |
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area would be financially viable and provide a benefit to the |
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community. |
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Sec. 1051.005. GRANTS FOR HEALTH INFORMATION EXCHANGES. |
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(a) The department may issue grants to support: |
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(1) planning and implementation of regional health |
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information exchange initiatives; |
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(2) planning for health information exchange within |
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medical trading areas described by Section 1051.004; |
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(3) operation of health information exchanges; and |
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(4) planning for and development of innovative |
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projects that further the adoption and use of health information |
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exchanges by communities, providers, and patients. |
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(b) An applicant for a grant under Subsection (a)(1) must |
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demonstrate the availability of significant financial support from |
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interested persons in the region to be served by the regional health |
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information exchange. |
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(c) In considering applications for grants under Subsection |
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(a)(2), the department shall give preference to grants for support |
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of health information exchanges that would be financially viable |
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and provide a benefit to the community. |
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(d) The executive commissioner shall adopt rules governing |
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the submission and approval of grant requests and the cancellation |
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of grants under this section. |
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(e) To receive a grant, a person whose grant request is |
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approved must execute an interagency agreement or a contract with |
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the department. The contract must require the person receiving the |
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grant to perform the services as stated in the approved grant |
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request. The contract must contain appropriate provisions for |
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program and fiscal monitoring. |
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Sec. 1051.006. SHARING HEALTH INFORMATION AMONG STATE |
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AGENCIES. The department shall develop interoperable health |
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information technology and health information exchange systems to |
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permit sharing of health information among state agencies. |
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SECTION 2. Chapter 1001, Health and Safety Code, is |
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designated as Subtitle A, Title 12, Health and Safety Code, and a |
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new subtitle heading is added to read as follows: |
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SUBTITLE A. GENERAL PROVISIONS |
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SECTION 3. Section 1001.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 1001.001. DEFINITIONS. In this title [chapter]: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Commissioner" means the commissioner of state |
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health services. |
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(3) "Council" means the State Health Services Council. |
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(4) "Department" means the Department of State Health |
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Services. |
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(5) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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SECTION 4. This Act takes effect September 1, 2007. |