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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the Texas Health |
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Services Authority as a quasi-governmental entity and the |
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electronic exchange of health care information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.904, Government Code, is amended by |
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amending Subsections (c) and (g) and adding Subsections (c-1) and |
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(c-2) to read as follows: |
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(c) The advisory committee must include the following |
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members: |
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(1) Medicaid providers; |
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(2) child health plan program providers; |
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(3) fee-for-service providers; |
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(4) [at least one representative of the Texas Health
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Services Authority established under Chapter 182, Health and Safety
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Code;
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[(5)] at least one representative of each health and |
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human services agency; |
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(5) [(6)] at least one representative of a major |
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provider association; |
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(6) [(7)] at least one representative of a health care |
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facility; |
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(7) [(8)] at least one representative of a managed |
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care organization; |
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(8) [(9)] at least one representative of the |
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pharmaceutical industry; |
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(9) [(10)] at least one representative of Medicaid |
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recipients and child health plan enrollees; |
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(10) [(11)] at least one representative of a local or |
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regional health information exchange; and |
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(11) [(12)] at least one representative who is skilled |
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in pediatric medical informatics. |
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(c-1) Notwithstanding Subsection (c), the advisory |
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committee must include at least one representative of the Texas |
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Health Services Authority established under Chapter 182, Health and |
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Safety Code. This subsection expires September 1, 2021. |
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(c-2) Notwithstanding Subsection (c), on and after |
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September 1, 2021, the advisory committee must include at least one |
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representative of the private nonprofit organization with relevant |
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knowledge and experience in establishing statewide health |
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information exchange capabilities designated under Section |
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182.108(j), Health and Safety Code. |
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(g) The advisory committee shall collaborate with the Texas |
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Health Services Authority to ensure that the health information |
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exchange system is interoperable with, and not an impediment to, |
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the electronic health information infrastructure that the |
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authority assists in developing. This subsection expires September |
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1, 2021. |
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SECTION 2. Section 181.206, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) The commission, in coordination with the attorney |
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general[, the Texas Health Services Authority,] and the Texas |
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Department of Insurance: |
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(1) may request that the United States secretary of |
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health and human services conduct an audit of a covered entity, as |
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that term is defined by 45 C.F.R. Section 160.103, in this state to |
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determine compliance with the Health Insurance Portability and |
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Accountability Act and Privacy Standards; and |
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(2) shall periodically monitor and review the results |
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of audits of covered entities in this state conducted by the United |
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States secretary of health and human services. |
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(a-1) Notwithstanding Subsection (a), the commission shall |
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also coordinate with the Texas Health Services Authority when |
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requesting an audit or monitoring and reviewing the results of an |
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audit under Subsection (a). This subsection expires September 1, |
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2021. |
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SECTION 3. Section 181.207, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 181.207. FUNDING. (a) The commission and the Texas |
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Department of Insurance[, in consultation with the Texas Health
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Services Authority,] shall apply for and actively pursue available |
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federal funding for enforcement of this chapter. |
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(b) Notwithstanding Subsection (a), the commission and the |
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Texas Department of Insurance shall consult with the Texas Health |
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Services Authority when applying for or pursuing federal funding |
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under Subsection (a). This subsection expires September 1, 2021. |
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SECTION 4. The heading to Chapter 182, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 182. ELECTRONIC EXCHANGE OF HEALTH INFORMATION [TEXAS
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HEALTH SERVICES AUTHORITY] |
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SECTION 5. Subchapter A, Chapter 182, Health and Safety |
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Code, is amended by adding Section 182.003 to read as follows: |
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Sec. 182.003. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2021. |
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SECTION 6. Section 182.052, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 182.052. EXPIRATION OF SUBCHAPTER [APPLICATION OF
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SUNSET ACT]. This subchapter [The corporation is subject to
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Chapter 325, Government Code.
Unless continued in existence as
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provided by that chapter, the corporation is abolished and this
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chapter] expires September 1, 2021 [2015.
The governor may order
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the dissolution of the corporation at any time the governor
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declares that the purposes of the corporation have been fulfilled
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or that the corporation is inoperative or abandoned]. |
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SECTION 7. Section 182.053, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(b-1) and (h) to read as follows: |
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(a) The corporation is governed by a board of 12 [11] |
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directors appointed by the governor, with the advice and consent of |
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the senate. |
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(b) The governor shall also appoint at least two ex officio, |
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nonvoting members representing the health and human services |
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agencies as state agency data resources [Department of State Health
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Services]. |
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(b-1) The governor shall appoint as a voting board member |
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one individual who represents Texas local health information |
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exchanges. |
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(h) In this section, "health and human services agencies" |
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includes the: |
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(1) department; |
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(2) Department of Aging and Disability Services; |
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(3) Department of Assistive and Rehabilitative |
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Services; |
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(4) Department of Family and Protective Services; and |
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(5) Health and Human Services Commission. |
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SECTION 8. Section 182.101, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 182.101. GENERAL POWERS AND DUTIES. (a) The |
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corporation may: |
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(1) establish statewide health information exchange |
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capabilities, including capabilities for electronic laboratory |
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results, diagnostic studies, and medication history delivery, and, |
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where applicable, promote definitions and standards for electronic |
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interactions statewide; |
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(2) seek funding to: |
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(A) implement, promote, and facilitate the |
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voluntary exchange of secure electronic health information between |
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and among individuals and entities that are providing or paying for |
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health care services or procedures; and |
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(B) create incentives to implement, promote, and |
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facilitate the voluntary exchange of secure electronic health |
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information between and among individuals and entities that are |
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providing or paying for health care services or procedures; |
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(3) establish statewide health information exchange |
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capabilities for streamlining health care administrative functions |
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including: |
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(A) communicating point of care services, |
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including laboratory results, diagnostic imaging, and prescription |
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histories; |
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(B) communicating patient identification and |
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emergency room required information in conformity with state and |
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federal privacy laws; |
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(C) real-time communication of enrollee status |
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in relation to health plan coverage, including enrollee |
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cost-sharing responsibilities; and |
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(D) current census and status of health plan |
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contracted providers; |
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(4) support regional health information exchange |
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initiatives by: |
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(A) identifying data and messaging standards for |
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health information exchange; |
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(B) administering programs providing financial |
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incentives, including grants and loans for the creation and support |
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of regional health information networks, subject to available |
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funds; |
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(C) providing technical expertise where |
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appropriate; |
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(D) sharing intellectual property developed |
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under Section 182.105; |
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(E) waiving the corporation's fees associated |
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with intellectual property, data, expertise, and other services or |
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materials provided to regional health information exchanges |
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operated on a nonprofit basis; and |
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(F) applying operational and technical standards |
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developed by the corporation to existing health information |
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exchanges only on a voluntary basis, except for standards related |
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to ensuring effective privacy and security of individually |
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identifiable health information; |
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(5) identify standards for streamlining health care |
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administrative functions across payors and providers, including |
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electronic patient registration, communication of enrollment in |
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health plans, and information at the point of care regarding |
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services covered by health plans; and |
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(6) support the secure, electronic exchange of health |
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information through other strategies identified by the board. |
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(b) This section expires September 1, 2021. |
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SECTION 9. Section 182.102, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) This section expires September 1, 2021. |
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SECTION 10. Section 182.103, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) This section expires September 1, 2021. |
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SECTION 11. Section 182.104, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 182.104. SECURITY COMPLIANCE. (a) The corporation |
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shall: |
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(1) establish appropriate security standards to |
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protect both the transmission and the receipt of individually |
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identifiable health information or health care data; |
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(2) establish appropriate security standards to |
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protect access to any individually identifiable health information |
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or health care data collected, assembled, or maintained by the |
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corporation; |
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(3) establish the highest levels of security and |
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protection for access to and control of individually identifiable |
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health information, including mental health care data and data |
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relating to specific disease status, that is governed by more |
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stringent state or federal privacy laws; and |
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(4) establish policies and procedures for the |
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corporation for taking disciplinary actions against a board member, |
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employee, or other person with access to individually identifiable |
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health care information that violates state or federal privacy laws |
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related to health care information or data maintained by the |
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corporation. |
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(b) This section expires September 1, 2021. |
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SECTION 12. Section 182.105, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 182.105. INTELLECTUAL PROPERTY. (a) The corporation |
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shall take commercially reasonable measures to protect its |
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intellectual property, including obtaining patents, trademarks, |
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and copyrights where appropriate. |
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(b) This section expires September 1, 2021. |
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SECTION 13. Section 182.106, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 182.106. ANNUAL REPORT. (a) The corporation shall |
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submit an annual report to the governor, the lieutenant governor, |
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the speaker of the house of representatives, and the appropriate |
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oversight committee in the senate and the house of |
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representatives. The annual report must include financial |
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information and a progress update on the corporation's efforts to |
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carry out its mission. |
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(b) This section expires September 1, 2021. |
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SECTION 14. Section 182.107, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) This section expires September 1, 2021. |
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SECTION 15. (a) Section 182.108, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) Subsections (a)-(e) and this subsection expire |
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September 1, 2021. |
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(b) Effective September 1, 2021, Section 182.108, Health |
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and Safety Code, is amended by adding Subsections (g), (h), (i), |
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(j), (k), and (l) to read as follows: |
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(g) The privacy and security standards for the electronic |
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sharing of protected health information adopted under this section |
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and in effect on September 1, 2021, continue until amended by rule |
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by the Health and Human Services Commission. |
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(h) In amending standards under Subsection (g), the Health |
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and Human Services Commission shall seek the assistance of a |
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private nonprofit organization with relevant knowledge and |
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experience in establishing statewide health information exchange |
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capabilities. |
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(i) Standards amended under Subsection (g) must be designed |
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to: |
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(1) comply with the Health Insurance Portability and |
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Accountability Act and Privacy Standards and Chapter 181; |
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(2) comply with any other state and federal law |
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relating to the security and confidentiality of information |
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electronically maintained or disclosed by a covered entity; |
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(3) ensure the secure maintenance and disclosure of |
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individually identifiable health information; |
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(4) include strategies and procedures for disclosing |
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individually identifiable health information; and |
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(5) support a level of system interoperability with |
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existing health record databases in this state that is consistent |
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with emerging standards. |
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(j) The Health and Human Services Commission shall |
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designate a private nonprofit organization with relevant knowledge |
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and experience in establishing statewide health information |
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exchange capabilities to establish a process by which a covered |
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entity may apply for certification by the designated private |
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nonprofit organization of a covered entity's past compliance with |
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standards adopted under this section. If a private nonprofit |
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organization with relevant knowledge and experience in |
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establishing statewide health information exchange capabilities |
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does not exist, the Health and Human Services Commission shall |
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either: |
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(1) establish the process described by this |
|
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subsection; or |
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(2) designate another entity with relevant knowledge |
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to establish the process described by this subsection. |
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(k) The entity that establishes the process under |
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Subsection (j) shall publish the standards adopted under this |
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section on the entity's Internet website. |
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(l) In this section: |
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(1) "Covered entity" has the meaning assigned by |
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Section 181.001. |
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(2) "Disclose" has the meaning assigned by Section |
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181.001. |
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(3) "Health Insurance Portability and Accountability |
|
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Act and Privacy Standards" has the meaning assigned by Section |
|
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181.001. |
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(4) "Individually identifiable health information" |
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means individually identifiable health information as that term is |
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defined by the privacy rule of the Health Insurance Portability and |
|
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Accountability Act and Privacy Standards. |
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(5) "Protected health information" means protected |
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health information as that term is defined by the privacy rule of |
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the Health Insurance Portability and Accountability Act and Privacy |
|
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Standards. |
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SECTION 16. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2015. |
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* * * * * |