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  87R6191 JG-D
 
  By: Cortez H.B. No. 1859
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a study on the interoperability needs and technology
  readiness of behavioral health service providers in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a) In this section:
               (1)  "Advisory committee" means the e-Health Advisory
  Committee established by the executive commissioner in accordance
  with Section 531.012, Government Code.
               (2)  "Commission" means the Health and Human Services
  Commission.
               (3)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
         (b)  The commission and the advisory committee jointly shall
  conduct a study to assess the interoperability needs and technology
  readiness of behavioral health service providers in this state,
  including the needs and readiness of each:
               (1)  state hospital, as defined by Section 552.0011,
  Health and Safety Code;
               (2)  local mental health authority, as defined by
  Section 531.002, Health and Safety Code;
               (3)  freestanding psychiatric hospital;
               (4)  high volume provider group under the STAR+PLUS,
  STAR Kids, or STAR Health Medicaid managed care programs;
               (5)  Medicaid payor;
               (6)  county jail, municipal jail, and other local law
  enforcement entity involved in providing behavioral health
  services; and
               (7)  trauma service area regional advisory council.
         (c)  In conducting the study under Subsection (b) of this
  section, the commission and advisory committee shall determine
  which of the providers described by that subsection use an
  electronic health record management system and evaluate:
               (1)  for each of those providers that use an electronic
  health record management system:
                     (A)  when the provider implemented the electronic
  health record management system;
                     (B)  whether the provider is also connected to a
  system outside of the provider's electronic health record
  management system and, if the provider is connected to an outside
  system:
                           (i)  to what outside system the provider is
  connected and how the provider is connected;
                           (ii)  what type of information the provider
  shares with the outside system, including information on admissions
  or discharges, dispensing of medication, and clinical notes; and
                           (iii)  what type of information the provider
  receives from the outside system, including new patient information
  and the receipt of real time notifications of patient events; and
                     (C)  what the provider finds valuable about using
  an electronic health record management system or being connected to
  an outside system, including:
                           (i)  whether the provider uses a
  prescription drug monitoring program as part of the electronic
  health record management system or the outside system and the
  provider's reason for using or not using a prescription drug
  monitoring program, as applicable;
                           (ii)  whether, in using the electronic
  health record management system or being connected to an outside
  system, the provider finds valuable the use of qualitative data for
  improving patient care; and
                           (iii)  the provider's opinion on the
  efficiency and cost-effectiveness of using an electronic health
  record management system or being connected to an outside system;
  and
               (2)  for both the providers who use an electronic
  health record management system or an outside system and the
  providers who do not use either system, barriers to being connected
  or to becoming connected, as applicable, including:
                     (A)  whether they consider any of the following a
  barrier:
                           (i)  the cost of using either system;
                           (ii)  security or privacy concerns with
  using either system;
                           (iii)  patient consent issues associated
  with using either system; or
                           (iv)  legal, regulatory, or licensing
  factors associated with using either system; and
                     (B)  for the providers who are not connected to
  either system, whether and for what reasons they consider being
  connected valuable or useful to treating patients.
         (d)  Based on the results of the study conducted under
  Subsection (b) of this section and not later than August 31, 2022,
  the advisory committee shall prepare and submit to the commission,
  legislature, lieutenant governor, and governor a written report
  that includes:
               (1)  a state plan, including a proposed timeline, for
  aligning the interoperability and technological capabilities in
  the provision of behavioral health services with applicable law,
  including:
                     (A)  the 21st Century Cures Act (Pub. L.
  No. 114-255);
                     (B)  federal or state law on health information
  technology; and
                     (C)  the delivery system reform incentive payment
  program and uniform hospital rate increase program;
               (2)  information on gaps in education, and
  recommendations for closing those gaps, regarding the appropriate
  sharing of behavioral health data, including education on:
                     (A)  the sharing of progress notes versus
  psychotherapy notes;
                     (B)  obtaining consent for electronic data
  sharing; and
                     (C)  common provider and patient
  misunderstandings of applicable law;
               (3)  an evaluation of the differences and similarities
  between federal and state law on the interoperability and
  technological requirements in the provision of behavioral health
  services; and
               (4)  recommendations for standardizing the use of
  social determinants of health.
         (e)  To the extent permitted by law and as the executive
  commissioner determines appropriate, the commission shall
  implement, within the commission's prescribed authority, a
  component of the plan or a regulatory recommendation included in
  the report required under Subsection (d) of this section.
         SECTION 2.  This Act expires September 1, 2023.
         SECTION 3.  This Act takes effect September 1, 2021.