81R14512 ALB-D
 
  By: Howard of Travis H.B. No. 1218
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a pilot project to exchange secure electronic health
  information between the Health and Human Services Commission and
  local or regional health information exchanges.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.02416 to read as follows:
         Sec. 531.02416.  ELECTRONIC HEALTH INFORMATION EXCHANGE
  PILOT PROJECT. (a) The commission shall establish a pilot project
  in at least one urban area of this state to determine the
  feasibility, costs, and benefits of exchanging secure electronic
  health information between the commission and local or regional
  health information exchanges. The pilot project must include the
  participation of at least two local or regional health information
  exchanges.
         (b)  A local or regional health information exchange
  selected for the pilot project under this section must possess a
  functioning health information exchange database that exchanges
  secure electronic health information among hospitals, clinics,
  physicians' offices, and other health care providers that are not
  each owned by a single entity or included in a single operational
  unit or network. The information exchanged by the local or regional
  health information exchange must include health information for
  patients receiving services from state and federal health and human
  services programs administered by the commission.
         (c)  In developing the pilot project under this section, the
  commission shall:
               (1)  establish specific written guidelines, in
  conjunction with the health information exchanges participating in
  the pilot project, to:
                     (A)  ensure that information exchanged through
  the pilot project is used only for the patient's benefit; and
                     (B)  specify which health care providers will use
  which data elements obtained from the commission and for what
  purposes, including purposes related to reducing costs, improving
  access, and improving quality of care for patients; and
               (2)  ensure compliance with all state and federal laws
  and rules related to the transmission of health information,
  including state privacy laws and the Health Insurance Portability
  and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and
  rules adopted under that Act.
         (d)  The commission and the health information exchanges
  participating in the pilot project shall at a minimum exchange a
  patient's medication history under the pilot project. The pilot
  project may include additional health care information, either at
  the inception of the project or as part of a subsequent expansion of
  the scope of the project.
         (e)  The commission may accept gifts, grants, and donations
  from any public or private source for the operation of the pilot
  project.
         SECTION 2.  Not later than the 60th day after the effective
  date of this Act, the Health and Human Services Commission shall
  begin implementing the pilot project established under Section
  531.02416, Government Code, as added by this Act.
         SECTION 3.  Not later than December 1, 2010, the Health and
  Human Services Commission shall:
               (1)  assess, in conjunction with the health information
  exchanges selected for participation in the pilot project
  established under Section 531.02416, Government Code, as added by
  this Act, the benefits to the state, patients, and health care
  providers of exchanging secure health information with local or
  regional health information exchanges;
               (2)  include, as part of the assessment required by
  Subdivision (1) of this section, a return on investment analysis
  for the guidelines developed under Section 531.02416(c)(1),
  Government Code, as added by this Act; and
               (3)  report the commission's findings to the standing
  committees of the senate and house of representatives having
  primary jurisdiction over health and human services issues.
         SECTION 4.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.