81R4690 SJM-F
 
  By: Gonzales H.B. No. 3066
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to access to certain confidential patient information
  within the Department of State Health Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 108.002(7), Health and Safety Code, is
  amended to read as follows:
               (7)  "Department" means the [Texas] Department of State 
  Health Services.
         SECTION 2.  Section 108.013, Health and Safety Code, is
  amended by amending Subsections (a), (b), (c), (d), (g), (i), and
  (j) and adding Subsections (k), (l), (m), and (n) to read as
  follows:
         (a)  The data received by the department under this chapter
  [council] shall be used by the department [council] for the benefit
  of the public.  Subject to specific limitations established by this
  chapter and executive commissioner [council] rule, the department
  [council] shall make determinations on requests for information in
  favor of access.
         (b)  The executive commissioner [council] by rule shall
  designate the characters to be used as uniform patient identifiers.
  The basis for assignment of the characters and the manner in which
  the characters are assigned are confidential.
         (c)  Unless specifically authorized by this chapter, the
  department [council] may not release and a person or entity may not
  gain access to any data obtained under this chapter:
               (1)  that could reasonably be expected to reveal the
  identity of a patient;
               (2)  that could reasonably be expected to reveal the
  identity of a physician;
               (3)  disclosing provider discounts or differentials
  between payments and billed charges;
               (4)  relating to actual payments to an identified
  provider made by a payer; or
               (5)  submitted to the department under this chapter
  [council] in a uniform submission format that is not included in the
  public use data set established under Sections 108.006(f) and (g),
  except in accordance with Section 108.0135.
         (d)  Except as provided by this section, all [All] data
  collected and used by the department [and the council] under this
  chapter is subject to the confidentiality provisions and criminal
  penalties of:
               (1)  Section 311.037;
               (2)  Section 81.103; and
               (3)  Section 159.002, Occupations Code.
         (g)  Unless specifically authorized by this chapter, the
  department [The council] may not release data elements in a manner
  that will reveal the identity of a patient. The department
  [council] may not release data elements in a manner that will reveal
  the identity of a physician.
         (i)  Notwithstanding any other law, the [council and the]
  department may not provide information made confidential by this
  section to any other agency of this state.
         (j)  The executive commissioner [council] shall by rule[,
  with the assistance of the advisory committee under Section
  108.003(g)(5),] develop and implement a mechanism to comply with
  Subsections (c)(1) and (2).
         (k)  The department may disclose data collected under this
  chapter that is not included in public use data to any program
  within the department if the disclosure is reviewed and approved by
  the institutional review board under Section 108.0135.
         (l)  Confidential data collected under this chapter that is
  disclosed to a program within the department remains subject to the
  confidentiality provisions of this chapter and other applicable
  law. The department shall identify the confidential data that is
  disclosed to a program under Subsection (k). The program shall
  maintain the confidentiality of the disclosed confidential data.
         (m)  The following provisions do not apply to the disclosure
  of data to a department program:
               (1)  Section 81.103;
               (2)  Sections 108.010(g) and (h);
               (3)  Sections 108.011(e) and (f);
               (4)  Section 311.037; and
               (5)  Section 159.002, Occupations Code.
         (n)  Nothing in this section authorizes the disclosure of
  physician identifying data.
         SECTION 3.  Section 108.0135, Health and Safety Code, is
  amended to read as follows:
         Sec. 108.0135.  INSTITUTIONAL [SCIENTIFIC] REVIEW BOARD
  [PANEL].  (a)  The department [council] shall establish an
  institutional [a scientific] review board [panel] to review and
  approve requests for access to data not contained in [information
  other than] public use data. The members of the institutional
  review board must [panel shall] have experience and expertise in
  ethics, patient confidentiality, and health care data.
         (b)  To assist the institutional review board [panel] in
  determining whether to approve a request for information, the
  executive commissioner of the Health and Human Services Commission
  [council] shall adopt rules similar to the federal Health Care
  Financing Administration's guidelines on releasing data.
         (c)  A request for information other than public use data
  must be made on the form prescribed [created] by the department
  [council].
         SECTION 4.  Chapter 108, Health and Safety Code, is amended
  by adding Section 108.0026 to read as follows:
         Sec. 108.0026.  TRANSFER OF DUTIES; REFERENCE TO COUNCIL.  
  (a)  The powers and duties of the council under this chapter were
  transferred to the Department of State Health Services in
  accordance with Section 1.19, Chapter 198 (H.B. 2292), Acts of the
  78th Legislature, Regular Session, 2003.
         (b)  In this chapter, a reference to the council means the
  Department of State Health Services.
         SECTION 5.  Section 108.002(5), Health and Safety Code, is
  repealed.
         SECTION 6.  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.