80R1462 MCK-D
 
  By: Nelson S.B. No. 40
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to electronic health information.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Title 12, Health and Safety Code, is amended by
adding Subtitle B to read as follows:
SUBTITLE B.  DEPARTMENT FUNCTIONS
CHAPTER 1051. ELECTRONIC HEALTH INFORMATION
       Sec. 1051.001.  ELECTRONIC HEALTH INFORMATION COORDINATING
COMMITTEE. (a) The electronic health information coordinating
committee advises the department and the governor as provided by
this section.  The committee consists of 11 members appointed by the
governor and must include physicians, patients, and
representatives of hospitals, health plans, pharmacies, and
clinical laboratories.
       (b)  The governor shall designate one member of the committee
to serve as the presiding officer of the committee.
       (c)  The governor may fill any vacancy that may occur on the
committee and may appoint other voting or ex officio, nonvoting
members as needed.
       (d)  The members of the committee serve at the pleasure of
the governor.
       (e)  The department may provide staff to assist the committee
as necessary.
       (f)  The committee shall:
             (1)  consult with practicing physicians and others to
develop recommendations concerning financial incentives to
increase physicians' use of electronic health records systems that
meet patients' expectations for privacy and control of access to
patient records;
             (2)  consult with advisory groups to explore policy
changes that would increase the adoption of electronic health
records systems;
             (3)  consult with organizations in this state that are
focused on the adoption of health information technology;
             (4)  serve as a liaison with federal agencies
concerning electronic health information exchange; and
             (5)  provide recommendations concerning the design and
implementation of the electronic health information exchange
framework for regional stakeholders in the state, including
recommendations concerning:
                   (A)  technology and data standards;
                   (B)  privacy and confidentiality protocols;
                   (C)  targeted policies necessary, if any, for
special-needs populations and the providers that serve those
populations;
                   (D)  coordination of state agency health
information technology activities;
                   (E)  coordination and collaboration of regional
health information technology and health information exchange
initiatives;
                   (F)  administration of designated statewide funds
for health information technology and health information exchange;
                   (G)  promotion of regional health information
exchanges;
                   (H)  education about national technical and
privacy standards;
                   (I)  marketing and media materials; and
                   (J)  a plan, developed in consultation with other
health information technology and health information exchange
resources, to educate affected persons about electronic health
information exchange.
       Sec. 1051.002.  CENTERS OF EXCELLENCE. The department shall
establish centers of excellence at the regional or state level to
facilitate the sharing of information between patients, providers,
vendors, and health benefit plans and other third party payors
through electronic mailing lists or Internet-based information
sharing technology.
       Sec. 1051.003.  DUTIES OF DEPARTMENT.  The department shall:
             (1)  identify health information exchange standards,
including data and messaging standards;
             (2)  monitor and actively participate in federal
initiatives related to health information technology and health
information exchange and health information technology forums; and
             (3)  strengthen public health information
infrastructure to interconnect sources of health and health care
data, and where necessary, extend the public health information
infrastructure in the underserved areas of the state.
       Sec. 1051.004.  MEDICAL TRADING AREAS.  (a)  In this section,
"medical trading area" means a geographic area in which patients
receive health care services from physicians and other health care
providers who, formally or informally, are working together.
       (b)  The department shall identify medical trading areas
that may benefit from health information exchange using health
information technology.
       (c)  The department shall evaluate each identified medical
trading area based on characteristics that indicate whether health
information exchange among health care providers that serve the
area would be financially viable and provide a benefit to the
community.
       Sec. 1051.005.  GRANTS FOR HEALTH INFORMATION EXCHANGES.
(a) The department may issue grants to support:
             (1)  planning and implementation of regional health
information exchange initiatives;
             (2)  planning for health information exchange within
medical trading areas described by Section 1051.004;
             (3)  operation of health information exchanges; and
             (4)  planning for and development of innovative
projects that further the adoption and use of health information
exchanges by communities, providers, and patients.
       (b)  An applicant for a grant under Subsection (a)(1) must
demonstrate the availability of significant financial support from
interested persons in the region to be served by the regional health
information exchange.
       (c)  In considering applications for grants under Subsection
(a)(2), the department shall give preference to grants for support
of health information exchanges that would be financially viable
and provide a benefit to the community.
       (d)  The executive commissioner shall adopt rules governing
the submission and approval of grant requests and the cancellation
of grants under this section.
       (e)  To receive a grant, a person whose grant request is
approved must execute an interagency agreement or a contract with
the department. The contract must require the person receiving the
grant to perform the services as stated in the approved grant
request. The contract must contain appropriate provisions for
program and fiscal monitoring.
       Sec. 1051.006.  SHARING HEALTH INFORMATION AMONG STATE
AGENCIES. The department shall develop interoperable health
information technology and health information exchange systems to
permit sharing of health information among state agencies.
       SECTION 2.  Chapter 1001, Health and Safety Code, is
designated as Subtitle A, Title 12, Health and Safety Code, and a
new subtitle heading is added to read as follows:
SUBTITLE A.  GENERAL PROVISIONS
       SECTION 3.  Section 1001.001, Health and Safety Code, is
amended to read as follows:
       Sec. 1001.001.  DEFINITIONS.   In this title [chapter]:
             (1)  "Commission" means the Health and Human Services
Commission.
             (2)  "Commissioner" means the commissioner of state
health services.
             (3)  "Council" means the State Health Services Council.
             (4)  "Department" means the Department of State Health
Services.
             (5)  "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
       SECTION 4.  This Act takes effect September 1, 2007.