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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a COVID-19 health information |
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clearinghouse. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 2, Health and Safety Code, is |
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amended by adding Chapter 108A to read as follows: |
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CHAPTER 108A. COVID-19 HEALTH INFORMATION CLEARINGHOUSE |
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Sec. 108A.001. DEFINITIONS. In this chapter: |
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(1) "Clearinghouse" means the COVID-19 health |
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information clearinghouse established under this chapter. |
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(2) "COVID-19" means the 2019 novel coronavirus |
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disease. |
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(3) "Division" means the Texas Division of Emergency |
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Management. |
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(4) "Health care provider" means a health facility |
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licensed to provide health care services in this state or a health |
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care practitioner licensed in this state. |
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Sec. 108A.002. ESTABLISHMENT OF CLEARINGHOUSE. (a) The |
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department, in collaboration with the commission, division, and |
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members of the medical community in this state, shall establish a |
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COVID-19 health information clearinghouse to serve as a central |
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repository of COVID-19 health information. |
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(b) The department shall administer the clearinghouse by |
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maintaining an Internet portal accessible through the department's |
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Internet website that allows health care providers to submit and |
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the public to access health information related to COVID-19. |
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(c) In establishing the clearinghouse, the department, |
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commission, and division shall develop and implement guidelines to |
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ensure that each health care provider submits relevant COVID-19 |
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health information through the Internet portal in a manner and at |
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times determined appropriate by those agencies to ensure the |
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clearinghouse maintains accurate and current information on |
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COVID-19. The clearinghouse at a minimum must include information |
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on: |
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(1) the total number of individuals who are vaccinated |
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against COVID-19 in this state, including the total number of |
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individuals who are fully immunized against COVID-19; |
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(2) the total number and percentage of individuals |
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who: |
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(A) have obtained at least one dose of a COVID-19 |
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vaccine; |
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(B) are fully immunized against COVID-19 after |
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obtaining all medically recommended doses of the vaccine; |
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(C) have tested positive for COVID-19; and |
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(D) are hospitalized in this state for COVID-19; |
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(3) the total number and percentage of deaths in this |
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state of individuals who were vaccinated against COVID-19 and for |
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which COVID-19 was determined to be the cause of or a contributing |
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factor to death; and |
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(4) subject to Subsection (f), relevant demographic |
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data determined appropriate by those agencies. |
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(d) A health care provider may submit additional |
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information to be included in the clearinghouse on COVID-19 |
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treatments administered by the provider, health outcomes related to |
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those treatments, and any relevant demographic data. |
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(e) In establishing the clearinghouse, the department, |
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commission, and division shall ensure the clearinghouse: |
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(1) aggregates COVID-19 health information submitted |
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under this section in an open-source format that is |
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machine-readable and allows the public to easily access and |
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navigate the information; and |
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(2) allows the public to search the information at a |
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minimum by the categories described by Subsection (c). |
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(f) In establishing the clearinghouse, the department, |
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commission, and division shall ensure COVID-19 health information |
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submitted by health care providers or accessible to the public |
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through the clearinghouse does not disclose a patient's personally |
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identifiable information or information that is confidential under |
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state or federal law. |
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Sec. 108A.003. MEMORANDUM OF UNDERSTANDING. The |
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department, commission, and division may enter into a memorandum of |
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understanding that: |
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(1) ensures the clearinghouse is administered and |
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maintained in accordance with this chapter, including by |
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identifying and establishing enforcement mechanisms for that |
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purpose; and |
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(2) defines each agency's responsibilities with |
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respect to establishing or administering the clearinghouse. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Department of State Health Services shall |
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establish the COVID-19 health information clearinghouse as |
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required by Chapter 108A, Health and Safety Code, as added by this |
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Act. |
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SECTION 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |