BILL ANALYSIS |
C.S.H.B. 2962 |
By: Capriglione |
State Affairs |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties note that certain abortion complication reporting requirements in state regulations do not statutorily apply to hospitals or emergency rooms and contend that this loophole hinders accurate abortion complication data collection. C.S.H.B. 2962 seeks to improve the collection of abortion complication data by requiring each health care facility that provides emergency medical care to submit an abortion complication report containing specified information to the Department of State Health Services.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 2962 amends the Health and Safety Code to require each hospital, abortion facility, freestanding emergency medical care facility, or health care facility that provides emergency medical care to submit to the Department of State Health Services (DSHS) in the form and manner prescribed by DSHS rule a quarterly report on each abortion complication, as defined by the bill, diagnosed or treated at the facility. The bill requires DSHS to develop a form for reporting abortion complications not later than January 1, 2018, and to publish the form on the DSHS website. The bill prohibits such a report from identifying by any means the physician performing an abortion or the patient but requires a report to identify the name and type of facility submitting the report and to include certain specified information, if known, for each abortion complication.
C.S.H.B. 2962 makes all information and records held by DSHS under an abortion complication report confidential and exempt from disclosure as an open record under state public information law. The bill prohibits such information from being released or made public on subpoena or otherwise but authorizes release to be made for statistical purposes if a person, patient, or facility is not identified; with the consent of each person, patient, and facility identified in the information released; to medical personnel, appropriate state agencies, or county and district courts to enforce the Woman's Right to Know Act; or to appropriate state licensing boards to enforce state licensing laws.
C.S.H.B. 2962 requires an abortion complication report to meet the federal reporting requirements that mandate the most specific, accurate, and complete coding and reporting for the highest level of specificity. The bill requires DSHS to develop and publish on the DSHS website an annual report that aggregates on a statewide basis each abortion complication required to be reported for the previous calendar year. The bill subjects a facility that violates the abortion complication reporting requirements to a civil penalty of $500 for each violation and authorizes the attorney general, at the request of DSHS, to file an action to recover such a civil penalty. The bill authorizes the attorney general to recover attorney's fees and costs incurred in bringing such an action and establishes that each day of a continuing violation constitutes a separate ground for recovery. The bill establishes that the third separate violation constitutes cause for the revocation or suspension of a facility's license, permit, registration, certificate, or other authority or for other disciplinary action against the facility by DSHS.
C.S.H.B. 2962 requires the executive commissioner of the Health and Human Services Commission, not later than January 1, 2018, to adopt the rules necessary to implement the bill's provisions.
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2962 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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