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AN ACT
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relating to reporting procedures for and information concerning |
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public health disasters and to certain public health studies; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 81, Health and Safety |
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Code, is amended by adding Section 81.016 to read as follows: |
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Sec. 81.016. AVAILABILITY OF DATA REGARDING PUBLIC HEALTH |
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DISASTER. During a public health disaster, the department shall |
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timely make available to the public on the department's Internet |
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website, in an easy-to-read format, all available de-identified |
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public health data regarding the public health disaster. The |
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department must present data related to individuals as summary |
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statistics consistent with the confidentiality provisions of |
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Sections 81.046, 161.0073, and 161.008. |
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SECTION 2. Section 81.044(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The executive commissioner shall prescribe the form and |
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method of reporting under this chapter[, which may be in writing, by |
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telephone,] by electronic data transmission, through a health |
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information exchange as defined by Section 182.151 if requested and |
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authorized by the person required to report, or by other means. |
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SECTION 3. Subchapter C, Chapter 81, Health and Safety |
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Code, is amended by adding Sections 81.0443, 81.0444, 81.0445, |
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81.0495, and 81.053 to read as follows: |
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Sec. 81.0443. STANDARDIZED INFORMATION SHARING METHOD. The |
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department shall collaborate with local health authorities, |
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hospitals, laboratories, and other persons who submit information |
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to the department during a public health disaster or in response to |
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other outbreaks of communicable disease to plan, design, and |
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implement a standardized and streamlined method for sharing |
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information needed during the disaster or response. The department |
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may require a person submitting information to the department under |
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this subchapter to use the method developed under this section. |
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Sec. 81.0444. HOSPITAL TO REPORT. A hospital shall report |
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to the department and to the applicable trauma service area |
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regional advisory council all information required by the |
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department related to a reportable disease for which a public |
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health disaster is declared. |
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Sec. 81.0445. PROVISION OF INFORMATION TO PUBLIC DURING |
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PUBLIC HEALTH DISASTER. (a) This section applies only to |
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information related to a reportable disease for which a public |
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health disaster is declared. |
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(b) The department and each trauma service area regional |
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advisory council shall make publicly available in accordance with |
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Subsection (c) the information a hospital is required to report to |
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the department and regional advisory council under Section 81.0444. |
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The department and each regional advisory council shall ensure that |
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information released under this subsection does not contain any |
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personally identifiable information. |
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(c) The department shall collaborate and coordinate with |
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local health departments to ensure that all information covering a |
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reporting period is released to the public in a timely manner. |
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(d) The department shall develop and publish on its Internet |
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website monthly compliance reports for laboratories reporting |
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during a public health disaster. Each compliance report, at a |
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minimum, must include: |
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(1) the number of laboratory reports the department |
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receives by electronic data transmission; |
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(2) the number of incomplete information fields in the |
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laboratory reports; |
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(3) the electronic format each laboratory used in |
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submitting information; |
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(4) the number of coding errors in the laboratory |
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reports; and |
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(5) the average length of time from the date the |
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specimen is collected to the date the department receives the |
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corresponding laboratory report. |
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(e) The department shall develop and publish on its Internet |
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website monthly compliance reports for hospitals reporting during a |
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public health disaster. Each compliance report, at a minimum, must |
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include: |
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(1) the number of incomplete information fields in the |
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hospital reports; |
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(2) the number of reports a hospital failed to submit |
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in a timely manner; and |
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(3) the number of identified inaccuracies in the |
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information submitted. |
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Sec. 81.0495. FAILURE TO REPORT; CIVIL PENALTY. (a) The |
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department may impose a civil penalty of not more than $1,000 on a |
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health care facility for each failure to submit a report required |
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under this subchapter. |
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(b) The attorney general may bring an action to recover a |
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civil penalty imposed under Subsection (a). |
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Sec. 81.053. DATA QUALITY ASSURANCE. The department shall |
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implement quality assurance procedures to ensure that data |
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collected and reported for a public health disaster is |
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systematically reviewed for errors and completeness. The |
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department shall implement procedures to timely resolve any |
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deficiencies in data collection and reporting. |
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SECTION 4. (a) The Department of State Health Services |
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shall evaluate the planning and response capabilities of the state |
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health care system, including hospitals, long-term care |
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facilities, and laboratories, to respond to public health threats. |
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The department shall coordinate its evaluation with the Health and |
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Human Services Commission, regional advisory councils, local |
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health departments, and health care system organizations. The |
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department shall submit to the legislature an implementation plan |
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based on the findings of its evaluation not later than September 1, |
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2022. |
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(b) The Department of State Health Services shall evaluate |
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the current scope, size, function, and public health response |
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capabilities of public health regions and regional offices. The |
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department shall identify current capabilities, assess the need for |
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geographic realignment, and identify ways to improve support to |
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local health departments and areas in which the department serves |
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as the primary public health provider. The department shall |
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coordinate its evaluation with local health departments, areas |
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served by department regional offices, and the Public Health |
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Funding and Policy Committee. The department shall provide a |
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report based on its evaluation to the legislature not later than |
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September 1, 2022. |
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(c) The Department of State Health Services shall improve |
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standardized data collection and reporting by the department, |
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laboratories, health care facilities, local health departments, |
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and other entities as appropriate during a declared public health |
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disaster. The department shall identify current processes for and |
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barriers to standardized, regular, and consistent reporting and |
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shall collaborate on best practices to ensure that data collection |
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and reporting are consistent across state, regional, and local |
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levels. The department shall coordinate its analysis with regional |
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advisory councils, local health departments, laboratories, health |
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care facilities, and the Public Health Funding and Policy |
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Committee. The department shall implement best practices and |
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report its findings to the legislature not later than September 1, |
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2022. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement this |
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Act. |
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SECTION 6. Section 81.044(a), Health and Safety Code, as |
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amended by this Act, applies only to a report submitted on or after |
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January 1, 2023. |
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SECTION 7. (a) The Department of State Health Services is |
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required to implement this Act only if the legislature appropriates |
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money specifically for that purpose. If the legislature does not |
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appropriate money specifically for that purpose, the department |
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may, but is not required to, implement this Act using other |
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appropriations available for that purpose. |
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(b) The Department of State Health Services shall use any |
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available federal money to implement this Act. |
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SECTION 8. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 969 passed the Senate on |
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April 21, 2021, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 30, 2021, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 969 passed the House, with |
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amendment, on May 26, 2021, by the following vote: Yeas 142, |
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Nays 4, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |