S.B. No. 384
 
 
 
 
AN ACT
  relating to the reporting of health care-associated infections and
  preventable adverse events at health care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 98.103, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  A health care facility[, other than a pediatric and
  adolescent hospital,] shall report to the department each health
  care-associated infection [the incidence of surgical site
  infections], including the causative pathogen if the infection is
  laboratory-confirmed, that occurs [occurring] in the facility and
  that the federal Centers for Medicare and Medicaid Services
  requires a facility participating in the Medicare program to report
  through the federal Centers for Disease Control and Prevention's
  National Healthcare Safety Network, or its successor [following
  procedures:
               [(1)  colon surgeries;
               [(2)  hip arthroplasties;
               [(3)  knee arthroplasties;
               [(4)  abdominal hysterectomies;
               [(5)  vaginal hysterectomies;
               [(6)  coronary artery bypass grafts; and
               [(7)  vascular procedures].
         (a-1)  A health care facility shall report each health
  care-associated infection to the department under this section
  regardless of the facility's participation in Medicare. 
         SECTION 2.  The following provisions of the Health and
  Safety Code are repealed:
               (1)  Section 98.001(10);
               (2)  Sections 98.103(b) and (c); and
               (3)  Section 98.105.
         SECTION 3.  (a)  The executive commissioner of the Health
  and Human Services Commission shall adopt rules as necessary to
  implement Section 98.103, Health and Safety Code, as amended by
  this Act, not later than January 1, 2020.
         (b)  Section 98.103, Health and Safety Code, as amended by
  this Act, applies only to a report for a health care-associated
  infection occurring on or after January 1, 2020.  A report for a
  health care-associated infection occurring before that date is
  governed by the law as it existed on the date the infection
  occurred, and that law is continued in effect for that purpose.
         SECTION 4.  The Health and Human Services Commission is
  required to implement a provision of this Act only if the
  legislature appropriates money specifically for that purpose.  If
  the legislature does not appropriate money specifically for that
  purpose, the commission may, but is not required to, implement a
  provision of this Act using other appropriations available for that
  purpose.
         SECTION 5.  This Act takes effect September 1, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 384 passed the Senate on
  April 10, 2019, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 384 passed the House on
  May 22, 2019, by the following vote:  Yeas 138, Nays 6,
  two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor