83R10236 AJZ-D

By: Duncan S.B. No. 1667

A BILL TO BE ENTITLED

AN ACT

relating to a chronic neurological disease registry; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle D, Title 2, Health and Safety Code, is amended by adding Chapter 82A to read as follows:

CHAPTER 82A. CHRONIC NEUROLOGICAL DISEASE REGISTRY

Sec. 82A.001. DEFINITIONS. In this chapter:

(1) "Chronic neurological disease" means multiple sclerosis and Parkinson's disease.

(2) "Department" means the Department of State Health Services.

(3) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

Sec. 82A.002. APPLICABILITY OF CHAPTER. This chapter applies to records of cases of chronic neurological diseases diagnosed on or after September 1, 2013, and to records of all ongoing chronic neurological disease cases diagnosed on or after January 1, 1984.

Sec. 82A.003. REGISTRY REQUIRED. The department shall maintain a chronic neurological disease registry for the state.

Sec. 82A.004. CONTENT OF REGISTRY. (a) The chronic neurological disease registry is a central data bank of accurate, precise, and current information that medical authorities agree serves as an invaluable tool in research toward cures and treatments for chronic neurological diseases.

(b) The chronic neurological disease registry must include:

(1) a record of the cases of chronic neurological diseases that occur in the state; and

(2) information concerning chronic neurological disease cases as the department considers necessary and appropriate for the recognition, cure, or control of chronic neurological diseases.

Sec. 82A.005. DEPARTMENT POWERS; RULES. (a) To implement this chapter, the department may:

(1) execute necessary contracts;

(2) receive the data from medical records of cases of chronic neurological diseases that are in the custody or under the control of neurologists to record and analyze the data directly related to those diseases;

(3) compile and publish statistical and other studies derived from patient data obtained under this chapter to provide, in an accessible form, information that is useful to physicians, other medical personnel, and the public;

(4) comply with requirements as necessary to obtain federal funds in the maximum amounts and most advantageous proportions possible;

(5) receive and use gifts made for the purpose of this chapter; and

(6) limit chronic neurological disease reporting activities under this chapter to specified geographic areas of the state to ensure optimal use of funds available for obtaining the data.

(b) The executive commissioner shall adopt rules as necessary to implement this chapter.

Sec. 82A.006. REPORTS. (a) The department shall publish an annual report to the legislature of the information obtained under this chapter.

(b) The department, in cooperation with other chronic neurological disease reporting organizations and research institutions, may publish reports the department determines are necessary or desirable to carry out the purposes of this chapter.

Sec. 82A.007. DATA FROM MEDICAL RECORDS. (a) To ensure an accurate and continuing source of data concerning chronic neurological diseases, each neurologist whose majority of patients are being treated for a chronic neurological disease shall furnish to the department or its representative, on request, data the department considers necessary and appropriate that is derived from each medical record pertaining to a case of a chronic neurological disease. The department may not request data that is more than three years old unless the department is investigating a possible chronic neurological disease cluster.

(b) A neurologist 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 a chronic neurological 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:

(1) identify cases of chronic neurological diseases; or

(2) establish characteristics or treatment of chronic neurological diseases.

(e) The executive commissioner by rule shall adopt procedures that ensure adequate notice is given to the neurologist before the department accesses data under Subsection (d).

(f) A neurologist 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. The costs reimbursed under this subsection must be reasonable, must be based on actual costs incurred by the department or by its authorized representative in the collection of data under Subsection (d), and may include salary and travel expenses. 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 neurologist may request that the department conduct a hearing to determine whether reimbursement to the department under this subsection is appropriate.

Sec. 82A.008. 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. 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 or health care practitioners;

(2) with the consent of each person identified in the information; or

(3) to promote research of chronic neurological diseases, including release of information to other repositories 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 a chronic neurological disease registry or chronic neurological disease researcher under Subsection (b) is for the confidential use of the chronic neurological disease researcher and is subject to Subsection (a).

Sec. 82A.009. 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 neurologist or an employee of a neurologist; and

(2) an employee of the department.

Sec. 82A.010. EXAMINATION AND SUPERVISION NOT REQUIRED. This chapter does not require an individual to submit to any medical examination or supervision or to examination or supervision by the department or its representatives.

SECTION 2. This Act takes effect September 1, 2013.