81R5186 YDB-D
  By: Oliveira H.B. No. 3898
  relating to the establishment of an Alzheimer's disease registry.
         SECTION 1.  Subtitle D, Title 2, Health and Safety Code, is
  amended by adding Chapter 82A to read as follows:
         Sec. 82A.001.  SHORT TITLE. This chapter may be cited as the
  Texas Alzheimer's Disease Reporting Act.
         Sec. 82A.002.  DEFINITIONS. In this chapter:
               (1)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (2)  "Health care facility" means:
                     (A)  a general or special hospital as defined by
  Chapter 241;
                     (B)  an ambulatory surgical center licensed under
  Chapter 243;
                     (C)  an institution licensed under Chapter 242; or
                     (D)  any other facility, including an outpatient
  clinic, that provides diagnosis or treatment services to patients
  with Alzheimer's disease.
               (3)  "Physician" has the meaning assigned by Section
  151.002, Occupations Code.
         Sec. 82A.003.  APPLICABILITY OF CHAPTER. This chapter
  applies to records of:
               (1)  cases of Alzheimer's disease diagnosed on or after
  January 1, 2010; and
               (2)  all ongoing Alzheimer's disease cases diagnosed
  before January 1, 2010.
         Sec. 82A.004.  REGISTRY REQUIRED. The department shall
  maintain an Alzheimer's disease registry for this state.
         Sec. 82A.005.  CONTENT OF REGISTRY. (a) The Alzheimer's
  disease registry must be a central data bank of accurate, precise,
  and current information that medical authorities agree serves as an
  invaluable tool in the early recognition, prevention, cure, and
  control of Alzheimer's disease.
         (b)  The Alzheimer's disease registry must include:
               (1)  a record of the cases of Alzheimer's disease that
  occur in this state; and
               (2)  information concerning Alzheimer's disease cases
  the department considers necessary and appropriate for the
  recognition, prevention, cure, or control of Alzheimer's disease.
         Sec. 82A.006.  EXECUTIVE COMMISSIONER POWERS. To implement
  this chapter, the executive commissioner may:
               (1)  adopt rules the executive commissioner considers
               (2)  execute contracts the executive commissioner
  considers necessary;
               (3)  receive the data from medical records of cases of
  Alzheimer's disease that are in the custody or under the control of
  health care facilities and physicians to record and analyze the
  data directly related to the disease;
               (4)  compile and publish statistical and other studies
  derived from the patient data obtained under this chapter to
  provide, in an accessible form, information that is useful to
  physicians, other medical personnel, and the general public;
               (5)  comply with requirements as necessary to obtain
  federal funds in the maximum amounts and most advantageous
  proportions possible;
               (6)  receive and use gifts made for the purpose of this
  chapter; and
               (7)  limit Alzheimer's disease reporting activities
  under this chapter to specified geographic areas of this state to
  ensure optimal use of funds available for obtaining the data.
         Sec. 82A.007.  REPORTS. (a) The department shall submit an
  annual report to the legislature on the information obtained under
  this chapter.
         (b)  The department, in cooperation with other Alzheimer's
  disease reporting organizations and research institutions, may
  publish reports the department determines are necessary or
  desirable to carry out the purpose of this chapter.
         Sec. 82A.008.  DATA FROM MEDICAL RECORDS. (a) To ensure an
  accurate and continuing source of data concerning Alzheimer's
  disease, each health care facility and physician shall furnish to
  the department or its representative, on request, data that the
  executive commissioner considers necessary and appropriate and
  that is derived from each medical record pertaining to a case of
  Alzheimer's disease that is in the custody or under the control of
  the health care facility or physician. The department may not
  request data that is more than three years old unless the department
  is investigating a possible Alzheimer's disease cluster.
         (b)  A health care facility or physician shall furnish the
  data requested under Subsection (a) in a reasonable format
  prescribed by the department and within six months of the patient's
  admission, diagnosis, or treatment for Alzheimer's disease unless a
  different period is prescribed by the United States Department of
  Health and Human Services.
         (c)  The data required to be furnished under this section
  must include patient identification and diagnosis.
         (d)  The department may access medical records that would
  identify cases of Alzheimer's disease, establish characteristics
  or treatment of Alzheimer's disease, or determine the medical
  status of any identified patient from the following sources:
               (1)  a health care facility providing screening,
  diagnostic, or therapeutic services to a patient related to
  Alzheimer's disease; or
               (2)  a physician diagnosing or providing treatment to a
  patient with Alzheimer's disease, except as described by Subsection
         (e)  The executive commissioner shall adopt procedures that
  ensure adequate notice is given to the health care facility or
  physician before the department accesses data under Subsection (d).
         (f)  The department may not require a physician to furnish
  data or provide access to records if:
               (1)  the data or records pertain to cases reported by a
  health care facility providing screening, diagnostic, or
  therapeutic services to Alzheimer's disease patients that involve
  patients referred directly to or previously admitted to the
  facility; and
               (2)  the facility reported the same data the physician
  would be required to report.
         (g)  The data required to be furnished under this section may
  be shared with Alzheimer's disease registries of health care
  facilities subject to the confidentiality provisions in Section
         Sec. 82A.009.  FAILURE TO FURNISH DATA. (a) A health care
  facility or physician that knowingly or in bad faith fails to
  furnish data as required by this chapter shall reimburse the
  department or its authorized representative for the costs of
  accessing and reporting the data.
         (b)  The costs reimbursed under this section must be
  reasonable, based on the actual costs incurred by the department or
  by its authorized representative in the collection of data under
  Section 82A.008(d), and may include salary and travel expenses.
         (c)  The department may assess a late fee on an account that
  is 60 days or more overdue. The late fee may not exceed one and
  one-half percent of the total amount due on the late account for
  each month or portion of a month the account is not paid in full. A
  health care facility or physician may request that the department
  conduct a hearing to determine whether reimbursement to the
  department under this subsection is appropriate.
         Sec. 82A.010.  CONFIDENTIALITY. (a) Reports, records, and
  information obtained under this chapter are confidential and are
  not subject to disclosure under Chapter 552, Government Code, are
  not subject to subpoena, and may not otherwise be released or made
  public except as provided by this section or Section 82A.008(g).
  The reports, records, and information obtained under this chapter
  are for the confidential use of the department and the persons or
  public or private entities that the department determines are
  necessary to carry out the intent of this chapter.
         (b)  Medical or epidemiological information may be released:
               (1)  for statistical purposes in a manner that prevents
  identification of individuals, health care facilities, or
               (2)  with the consent of each person identified in the
  information; or
               (3)  to promote Alzheimer's disease research, including
  release of information to other Alzheimer's disease registries and
  appropriate state and federal agencies, under rules adopted by the
  executive commissioner to ensure confidentiality as required by
  state and federal laws.
         (c)  A state employee may not testify in a civil, criminal,
  special, or other proceeding as to the existence or contents of
  records, reports, or information concerning an individual whose
  medical records have been used in submitting data required under
  this chapter unless the individual consents in advance.
         (d)  Data furnished to an Alzheimer's disease registry or an
  Alzheimer's disease researcher under Subsection (b) or Section
  82A.008(g) is for the confidential use of the Alzheimer's disease
  registry or the Alzheimer's disease researcher, as applicable, and
  is subject to Subsection (a).
         Sec. 82A.011.  IMMUNITY FROM LIABILITY. The following
  persons subject to this chapter that act in compliance with this
  chapter are not civilly or criminally liable for furnishing the
  information required under this chapter:
               (1)  a health care facility;
               (2)  an administrator, officer, or employee of a health
  care facility;
               (3)  a physician or employee of a physician; and
               (4)  an employee of the department.
  This chapter does not require an individual to submit to any medical
  examination or supervision or to examination or supervision by the
  executive commissioner or the executive commissioner's
         SECTION 2.  (a) Not later than December 1, 2009, the
  executive commissioner of the Health and Human Services Commission
  shall adopt the rules and procedures required to establish the
  Alzheimer's disease registry under Chapter 82A, Health and Safety
  Code, as added by this Act.
         (b)  Not later than January 1, 2010, the Department of State
  Health Services shall establish the Alzheimer's disease registry
  under Chapter 82A, Health and Safety Code, as added by this Act.
         (c)  Notwithstanding Chapter 82A, Health and Safety Code, as
  added by this Act, a health care facility or physician is not
  required to report the data required under Chapter 82A until
  January 1, 2010.
         SECTION 3.  This Act takes effect September 1, 2009.