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  87S30086 JG-D
 
  By: White H.B. No. 94
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of a COVID-19 health information
  clearinghouse.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle E, Title 2, Health and Safety Code, is
  amended by adding Chapter 108A to read as follows:
  CHAPTER 108A. COVID-19 HEALTH INFORMATION CLEARINGHOUSE
         Sec. 108A.001.  DEFINITIONS. In this chapter:
               (1)  "Clearinghouse" means the COVID-19 health
  information clearinghouse established under this chapter.
               (2)  "COVID-19" means the 2019 novel coronavirus
  disease.
               (3)  "Division" means the Texas Division of Emergency
  Management.
               (4)  "Health care provider" means a health facility
  licensed to provide health care services in this state or a health
  care practitioner licensed in this state.
         Sec. 108A.002.  ESTABLISHMENT OF CLEARINGHOUSE. (a) The
  department, in collaboration with the commission, division, and
  members of the medical community in this state, shall establish a
  COVID-19 health information clearinghouse to serve as a central
  repository of COVID-19 health information.
         (b)  The department shall administer the clearinghouse by
  maintaining an Internet portal accessible through the department's
  Internet website that allows health care providers to submit and
  the public to access health information related to COVID-19.
         (c)  In establishing the clearinghouse, the department,
  commission, and division shall develop and implement guidelines to
  ensure that each health care provider submits relevant COVID-19
  health information through the Internet portal in a manner and at
  times determined appropriate by those agencies to ensure the
  clearinghouse maintains accurate and current information on
  COVID-19. The clearinghouse at a minimum must include information
  on:
               (1)  the total number of individuals who are vaccinated
  against COVID-19 in this state, including the total number of
  individuals who are fully immunized against COVID-19;
               (2)  the total number and percentage of individuals
  who:
                     (A)  have obtained at least one dose of a COVID-19
  vaccine;
                     (B)  are fully immunized against COVID-19 after
  obtaining all medically recommended doses of the vaccine;
                     (C)  have tested positive for COVID-19; and
                     (D)  are hospitalized in this state for COVID-19;
               (3)  the total number and percentage of deaths in this
  state of individuals who were vaccinated against COVID-19 and for
  which COVID-19 was determined to be the cause of or a contributing
  factor to death; and
               (4)  subject to Subsection (f), relevant demographic
  data determined appropriate by those agencies.
         (d)  A health care provider may submit additional
  information to be included in the clearinghouse on COVID-19
  treatments administered by the provider, health outcomes related to
  those treatments, and any relevant demographic data.
         (e)  In establishing the clearinghouse, the department,
  commission, and division shall ensure the clearinghouse:
               (1)  aggregates COVID-19 health information submitted
  under this section in an open-source format that is
  machine-readable and allows the public to easily access and
  navigate the information; and
               (2)  allows the public to search the information at a
  minimum by the categories described by Subsection (c).
         (f)  In establishing the clearinghouse, the department,
  commission, and division shall ensure COVID-19 health information
  submitted by health care providers or accessible to the public
  through the clearinghouse does not disclose a patient's personally
  identifiable information or information that is confidential under
  state or federal law.
         Sec. 108A.003.  MEMORANDUM OF UNDERSTANDING. The
  department, commission, and division may enter into a memorandum of
  understanding that:
               (1)  ensures the clearinghouse is administered and
  maintained in accordance with this chapter, including by
  identifying and establishing enforcement mechanisms for that
  purpose; and
               (2)  defines each agency's responsibilities with
  respect to establishing or administering the clearinghouse.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the Department of State Health Services shall
  establish the COVID-19 health information clearinghouse as
  required by Chapter 108A, Health and Safety Code, as added by this
  Act.
         SECTION 3.  This Act takes effect on the 91st day after the
  last day of the legislative session.