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A BILL TO BE ENTITLED
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AN ACT
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relating to a pilot project to exchange secure electronic health |
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information between the Health and Human Services Commission and |
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local or regional health information exchanges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.02416 to read as follows: |
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Sec. 531.02416. ELECTRONIC HEALTH INFORMATION EXCHANGE |
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PILOT PROJECT. (a) The commission shall establish a pilot project |
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in at least one urban area of this state to determine the |
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feasibility, costs, and benefits of exchanging secure electronic |
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health information between the commission and local or regional |
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health information exchanges. The pilot project must include the |
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participation of at least two local or regional health information |
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exchanges. |
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(b) A local or regional health information exchange |
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selected for the pilot project under this section must possess a |
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functioning health information exchange database that exchanges |
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secure electronic health information among hospitals, clinics, |
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physicians' offices, and other health care providers that are not |
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each owned by a single entity or included in a single operational |
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unit or network. The information exchanged by the local or regional |
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health information exchange must include health information for |
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patients receiving services from state and federal health and human |
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services programs administered by the commission. |
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(c) In developing the pilot project under this section, the |
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commission shall: |
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(1) establish specific written guidelines, in |
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conjunction with the health information exchanges participating in |
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the pilot project, to: |
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(A) ensure that information exchanged through |
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the pilot project is used only for the patient's benefit; and |
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(B) specify which health care providers will use |
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which data elements obtained from the commission and for what |
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purposes, including purposes related to reducing costs, improving |
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access, and improving quality of care for patients; and |
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(2) ensure compliance with all state and federal laws |
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and rules related to the transmission of health information, |
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including state privacy laws and the Health Insurance Portability |
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and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and |
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rules adopted under that Act. |
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(d) The commission and the health information exchanges |
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participating in the pilot project shall at a minimum exchange a |
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patient's medication history under the pilot project. The pilot |
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project may include additional health care information, either at |
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the inception of the project or as part of a subsequent expansion of |
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the scope of the project. |
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(e) The commission may accept gifts, grants, and donations |
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from any public or private source for the operation of the pilot |
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project. |
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SECTION 2. Not later than the 60th day after the effective |
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date of this Act, the Health and Human Services Commission shall |
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begin implementing the pilot project established under Section |
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531.02416, Government Code, as added by this Act. |
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SECTION 3. Not later than December 1, 2010, the Health and |
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Human Services Commission shall: |
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(1) assess, in conjunction with the health information |
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exchanges selected for participation in the pilot project |
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established under Section 531.02416, Government Code, as added by |
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this Act, the benefits to the state, patients, and health care |
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providers of exchanging secure health information with local or |
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regional health information exchanges; |
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(2) include, as part of the assessment required by |
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Subdivision (1) of this section, a return on investment analysis |
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for the guidelines developed under Section 531.02416(c)(1), |
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Government Code, as added by this Act; and |
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(3) report the commission's findings to the standing |
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committees of the senate and house of representatives having |
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primary jurisdiction over health and human services issues. |
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SECTION 4. 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 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |