By: Nelson  S.B. No. 289
         (In the Senate - Filed November 12, 2008; February 11, 2009,
  read first time and referred to Committee on Health and Human
  Services; March 2, 2009, reported favorably by the following vote:  
  Yeas 9, Nays 0; March 2, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to ensuring that health information technology used in the
  medical assistance and child health plan programs conforms to
  certain standards.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 physician or 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 in the medical
  assistance program conforms to the standards adopted by the
  Healthcare Information Technology Standards Panel sponsored by the
  American National Standards Institute.
         SECTION 2.  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 physician or health care provider
  order entry, electronic prescribing, and clinical decision support
  technology.
         (b)  The commission shall ensure that any health information
  technology used in the child health plan program conforms to the
  standards adopted by the Healthcare Information Technology
  Standards Panel sponsored by the American National Standards
  Institute.
         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.
 
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