|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the reporting of health care-associated infections at |
|
health care facilities. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 98.103, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 98.103. REPORTABLE INFECTIONS. (a) A health care |
|
facility[, other than a pediatric and adolescent hospital,] shall |
|
report to the department the incidence of health care-associated |
|
[surgical site] infections occurring at the facility and shall in |
|
the report: |
|
(1) include information relating to the types of |
|
patients treated by the health care facility; |
|
(2) for each reported infection, state the source of |
|
the infection; |
|
(3) specify which infections occurred in the following |
|
procedures: |
|
(A)[(1)] colon surgeries; |
|
(B)[(2)] hip arthroplasties; |
|
(C)[(3)] knee arthroplasties; |
|
(D)[(4)] abdominal hysterectomies; |
|
(E)[(5)] vaginal hysterectomies; |
|
(F)[(6)] coronary artery bypass grafts; and |
|
(G)[(7)] vascular procedures; and |
|
(4) specify which infections resulted in the death of |
|
the patient. |
|
(b) [A pediatric and adolescent hospital shall report the
|
|
incidence of surgical site infections occurring in the following
|
|
procedures to the department:
|
|
[(1)
cardiac procedures, excluding thoracic cardiac
|
|
procedures;
|
|
[(2) ventriculoperitoneal shunt procedures; and
|
|
[(3) spinal surgery with instrumentation.
|
|
[(c)
A general hospital shall report the following to the
|
|
department:
|
|
[(1)
the incidence of laboratory-confirmed central
|
|
line-associated primary bloodstream infections occurring in any
|
|
special care setting in the hospital; and
|
|
[(2)
the incidence of respiratory syncytial virus
|
|
occurring in any pediatric inpatient unit in the hospital.
|
|
[(d)] The department shall ensure that the health |
|
care-associated infections a health care facility is required to |
|
report under this section have the meanings assigned by the federal |
|
Centers for Disease Control and Prevention. |
|
SECTION 2. Section 98.105, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 98.105. REPORTING [SYSTEM] MODIFICATIONS. (a) Based |
|
on the recommendations of the advisory panel, the executive |
|
commissioner by rule may modify in accordance with this chapter the |
|
list of procedures [that are reportable] under Section 98.103(a)(3) |
|
that must be specified in a facility's report to the department |
|
under Section 98.103 and included in the department's summary under |
|
Section 98.106 [or 98.104]. The modifications must be based on |
|
changes in reporting guidelines and in definitions established by |
|
the federal Centers for Disease Control and Prevention. |
|
(b) Based on the recommendations of the advisory panel, the |
|
executive commissioner by rule may require each health care |
|
facility to report additional information necessary for the |
|
department to comply with Section 98.106. |
|
SECTION 3. Sections 98.106(a) and (b), Health and Safety |
|
Code, are amended to read as follows: |
|
(a) The department shall compile and make available to the |
|
public a summary, by health care facility, of the infections |
|
reported by facilities under Section [Sections] 98.103 [and
|
|
98.104]. |
|
(b) The departmental summary must be risk adjusted and |
|
include a comparison of the risk-adjusted infection rates for each |
|
health care facility in this state that is required to submit a |
|
report under Section [Sections] 98.103 [and 98.104]. The |
|
departmental summary must also: |
|
(1) include information relating to the types of |
|
patients treated by each health care facility; |
|
(2) state the sources of the patients' infections; |
|
(3) specify which infections occurred in the |
|
procedures listed in Section 98.103(a)(3); and |
|
(4) specify which infections resulted in the death of |
|
a patient. |
|
SECTION 4. Section 98.108, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 98.108. FREQUENCY OF REPORTING. In consultation with |
|
the advisory panel, the executive commissioner by rule shall |
|
establish the frequency of reporting by health care facilities |
|
required under Section [Sections] 98.103 [and 98.104]. Facilities |
|
may not be required to report more frequently than quarterly. |
|
SECTION 5. Section 98.110, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 98.110. DISCLOSURE WITHIN DEPARTMENT. |
|
Notwithstanding any other law, the department may disclose |
|
information reported by health care facilities under Section 98.103 |
|
[or 98.104] to other programs within the department for public |
|
health research or analysis purposes only, provided that the |
|
research or analysis relates to health care-associated infections. |
|
The privilege and confidentiality provisions contained in this |
|
chapter apply to such disclosures. |
|
SECTION 6. Sections 98.001(10) and (12) and 98.104, Health |
|
and Safety Code, are repealed. |
|
SECTION 7. As soon as practicable after the effective date |
|
of this Act, the executive commissioner of the Health and Human |
|
Services Commission shall adopt the rules and procedures necessary |
|
to implement the changes made by this Act to Chapter 98, Health and |
|
Safety Code. |
|
SECTION 8. (a) The change in law made by this Act applies to |
|
a report required under Section 98.103, Health and Safety Code, |
|
that is made in a reporting period beginning on or after March 1, |
|
2010. A report made under Section 98.103, Health and Safety Code, |
|
during a reporting period that begins before March 1, 2010, is |
|
covered by the law in existence on the date the reporting period |
|
began, and the former law is continued in effect for that purpose. |
|
(b) The change in law made by this Act applies to a |
|
departmental summary published under Section 98.106, Health and |
|
Safety Code, that covers a reporting period beginning on or after |
|
March 1, 2010. A departmental summary that covers a reporting |
|
period that begins before March 1, 2010, is covered by the law in |
|
existence on the date the reporting period began, and the former law |
|
is continued in effect for that purpose. |
|
SECTION 9. This Act takes effect September 1, 2009. |