By: Hinojosa S.B. No. 2013
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to interoperable health information technology.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle I, Title 2, Health and Safety Code, is
  amended by adding Chapter 183 to read as follows:
         CHAPTER 183. INTEROPERABLE HEALTH INFORMATION TECHNOLOGY.
         Sec. 183.001.  The state shall leverage its market power to
  facilitate the adoption of health information technology the
  development of an statewide interoperable health information
  technology network The network must:
               (1)  provide secure aggregation and access to health
  care data through the use of a federated health information
  exchange infrastructure. 
               (2)  provide cross-domain single sign-on allowing for
  real-time data aggregation across disparate organizations and
  systems; and
               (3)  be compatible with recognized national data
  standards in order to allow for interstate interoperability.
  Sec. 183.002  DEFINITIONS.  In this chapter:
               (1)  "Health information technology" means the
  application of information processing, involving both computer
  hardware and software that deals with the storage, retrieval,
  sharing and use of health care information, data and knowledge for
  communication and decision-making, and includes:
                     (A)  An electronic health record that provides
  access in real-time to a patient's complete medical record;
                     (B)  a personal health record through which an
  individual, and anyone authorized by such individual, can maintain
  and manage such individual's health information;
                     (C)  computerized order entry technology that
  permits a health care provider to order diagnostic and treatment
  services, including prescription drugs electronically;
                     (D)  electronic alerts and reminders to health
  care providers to improve compliance with best practices, promote
  regular screenings and other preventive practices, and facilitate
  diagnoses and treatments;
                     (E)  error notification procedures that generate
  a warning if an order is entered that is likely to lead to a
  significant adverse outcome for a patient; and
                     (F)  tools to allow for the collection, analysis
  and reporting of data on adverse events, near misses, the quality
  and efficiency of care, patient satisfaction and other
  healthcare-related performance measures.
               (2)  "Interoperability" means the ability of two or
  more systems or components to exchange information and to use the
  information that has been exchanged, including:
                     (A)  The capacity to physically connect to a
  secure network for the purpose of exchanging data with other users;
                     (B)  the ability of a connected user to
  demonstrate appropriate permissions to participate in the sharing
  of information over the network; and
                     (C)  the capacity of a connected user with such
  permissions to access, transmit, receive and exchange usable
  information with other users.
               (3)  "Standard electronic format" means a format using
  open electronic standards that:
                     (A)  Enable health information technology to be
  used for the collection of clinically specific data;
                     (B)  promote the interoperability of health care
  information across health care settings, including reporting to
  local, state and federal agencies; and
                     (C)  facilitate clinical decision support.
  Section 183.003.  PRIVACY AND SECURITY.
  The network is expected to adhere to all applicable state and
  federal privacy laws and to adopt appropriate security measures
  related to both to data within the network and the network itself.
  Section 183.004.  GRANTS TO PROVIDERS.
  The state may establish and implement a program to provide grants to
  providers in need of assistance in obtaining hardware and software
  needed to access the network. The XXXX shall adopt rules to
  establish eligibility criteria, including financial need
  thresholds and allowable purchases under the grant program.
         Sec. 183.005.  FUNDING. (a)  The network may be funded
  through the General Appropriations Act and the state may request,
  accept, and use gifts and grants as necessary.
         SECTION 2.  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.