By: Nelson  S.B. No. 384
         (In the Senate - Filed January 18, 2019; February 14, 2019,
  read first time and referred to Committee on Health & Human
  Services; April 4, 2019, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  April 4, 2019, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 384 By:  Seliger
 
 
A BILL TO BE ENTITLED
 
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  Safety Code are repealed: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.
 
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