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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain confidential patient information |
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within the Department of State Health Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 108.002(7), Health and Safety Code, is |
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amended to read as follows: |
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(7) "Department" means the [Texas] Department of State |
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Health Services. |
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SECTION 2. Section 108.013, Health and Safety Code, is |
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amended by amending Subsections (a), (b), (c), (d), (g), (i), and |
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(j) and adding Subsections (k), (l), (m), and (n) to read as |
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follows: |
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(a) The data received by the department under this chapter |
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[council] shall be used by the department [council] for the benefit |
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of the public. Subject to specific limitations established by this |
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chapter and executive commissioner [council] rule, the department |
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[council] shall make determinations on requests for information in |
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favor of access. |
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(b) The executive commissioner [council] by rule shall |
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designate the characters to be used as uniform patient identifiers. |
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The basis for assignment of the characters and the manner in which |
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the characters are assigned are confidential. |
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(c) Unless specifically authorized by this chapter, the |
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department [council] may not release and a person or entity may not |
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gain access to any data obtained under this chapter: |
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(1) that could reasonably be expected to reveal the |
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identity of a patient; |
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(2) that could reasonably be expected to reveal the |
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identity of a physician; |
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(3) disclosing provider discounts or differentials |
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between payments and billed charges; |
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(4) relating to actual payments to an identified |
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provider made by a payer; or |
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(5) submitted to the department under this chapter |
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[council] in a uniform submission format that is not included in the |
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public use data set established under Sections 108.006(f) and (g), |
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except in accordance with Section 108.0135. |
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(d) Except as provided by this section, all [All] data |
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collected and used by the department [and the council] under this |
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chapter is subject to the confidentiality provisions and criminal |
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penalties of: |
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(1) Section 311.037; |
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(2) Section 81.103; and |
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(3) Section 159.002, Occupations Code. |
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(g) Unless specifically authorized by this chapter, the |
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department [The council] may not release data elements in a manner |
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that will reveal the identity of a patient. The department |
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[council] may not release data elements in a manner that will reveal |
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the identity of a physician. |
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(i) Notwithstanding any other law, the [council and the] |
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department may not provide information made confidential by this |
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section to any other agency of this state. |
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(j) The executive commissioner [council] shall by rule[,
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with the assistance of the advisory committee under Section
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108.003(g)(5),] develop and implement a mechanism to comply with |
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Subsections (c)(1) and (2). |
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(k) The department may disclose data collected under this |
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chapter that is not included in public use data to any program |
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within the department if the disclosure is reviewed and approved by |
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the institutional review board under Section 108.0135. |
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(l) Confidential data collected under this chapter that is |
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disclosed to a program within the department remains subject to the |
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confidentiality provisions of this chapter and other applicable |
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law. The department shall identify the confidential data that is |
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disclosed to a program under Subsection (k). The program shall |
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maintain the confidentiality of the disclosed confidential data. |
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(m) The following provisions do not apply to the disclosure |
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of data to a department program: |
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(1) Section 81.103; |
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(2) Sections 108.010(g) and (h); |
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(3) Sections 108.011(e) and (f); |
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(4) Section 311.037; and |
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(5) Section 159.002, Occupations Code. |
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(n) Nothing in this section authorizes the disclosure of |
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physician identifying data. |
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SECTION 3. Section 108.0135, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 108.0135. INSTITUTIONAL [SCIENTIFIC] REVIEW BOARD |
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[PANEL]. (a) The department [council] shall establish an |
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institutional [a scientific] review board [panel] to review and |
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approve requests for access to data not contained in [information
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other than] public use data. The members of the institutional |
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review board must [panel shall] have experience and expertise in |
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ethics, patient confidentiality, and health care data. |
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(b) To assist the institutional review board [panel] in |
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determining whether to approve a request for information, the |
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executive commissioner of the Health and Human Services Commission |
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[council] shall adopt rules similar to the federal Health Care |
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Financing Administration's guidelines on releasing data. |
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(c) A request for information other than public use data |
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must be made on the form prescribed [created] by the department |
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[council]. |
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SECTION 4. Chapter 108, Health and Safety Code, is amended |
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by adding Section 108.0026 to read as follows: |
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Sec. 108.0026. TRANSFER OF DUTIES; REFERENCE TO COUNCIL. |
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(a) The powers and duties of the council under this chapter were |
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transferred to the Department of State Health Services in |
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accordance with Section 1.19, Chapter 198 (H.B. 2292), Acts of the |
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78th Legislature, Regular Session, 2003. |
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(b) In this chapter, a reference to the council means the |
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Department of State Health Services. |
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SECTION 5. Section 108.002(5), Health and Safety Code, is |
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repealed. |
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SECTION 6. 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. |