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