By: Nelson S.B. No. 289
 
  Substitute the following for S.B. No. 289:
 
  By:  Hopson C.S.S.B. No. 289
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to health information technology used in the medical
  assistance and child health plan programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 62, Health and Safety
  Code, is amended by adding Section 62.060 to read as follows:
         Sec. 62.060.  HEALTH INFORMATION TECHNOLOGY STANDARDS. (a)
  In this section, "health information technology" means information
  technology used to improve the quality, safety, or efficiency of
  clinical practice, including the core functionalities of an
  electronic health record, an electronic medical record, a
  computerized health care provider order entry, electronic
  prescribing, and clinical decision support technology.
         (b)  The commission shall ensure that any health information
  technology used by the commission or any entity acting on behalf of
  the commission in the child health plan program conforms to
  standards required under federal law.
         SECTION 2.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.073 to read as follows:
         Sec. 32.073.  HEALTH INFORMATION TECHNOLOGY STANDARDS. (a)
  In this section, "health information technology" means information
  technology used to improve the quality, safety, or efficiency of
  clinical practice, including the core functionalities of an
  electronic health record, an electronic medical record, a
  computerized health care provider order entry, electronic
  prescribing, and clinical decision support technology.
         (b)  The Health and Human Services Commission shall ensure
  that any health information technology used by the commission or
  any entity acting on behalf of the commission in the medical
  assistance program conforms to standards required under federal
  law.
         SECTION 3.  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 4.  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.