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A BILL TO BE ENTITLED
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AN ACT
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relating to health care information submitted to the Department of |
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State Health Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 108.009, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (d-1) to |
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read as follows: |
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(a) The council may collect, and, except as provided by |
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Subsections (c), [and] (d), and (d-1), providers shall submit to |
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the council or another entity as determined by the council, all data |
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required by this section. The data shall be collected according to |
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uniform submission formats, coding systems, and other technical |
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specifications necessary to make the incoming data substantially |
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valid, consistent, compatible, and manageable using electronic |
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data processing, if available. |
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(d-1) A provider may elect not to participate in the data |
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collection program under Subsection (a). The executive |
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commissioner of the Health and Human Services Commission by rule |
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shall establish procedures for making the election authorized by |
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this subsection. |
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SECTION 2. Chapter 108, Health and Safety Code, is amended |
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by adding Section 108.0131 to read as follows: |
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Sec. 108.0131. NOTICE REQUIRED. (a) A provider who submits |
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data under Section 108.009 shall provide notice to the provider's |
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patients that: |
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(1) the provider submits data as required by this |
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chapter; and |
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(2) the data may be sold or distributed to third |
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parties. |
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(b) The department shall post on the department's Internet |
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website a list of each entity that purchases or receives data |
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collected under this chapter. |
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SECTION 3. Not later than December 31, 2011, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules as required by Section 108.009(d-1), Health and Safety |
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Code, as added by this Act, establishing procedures to allow health |
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care providers to make the election authorized by that subsection. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |