2021S0108-1 02/24/21
 
  By: Kolkhorst S.B. No. 969
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reporting procedures for and information concerning
  public health disasters and to certain public health studies;
  creating the office of the chief state epidemiologist; 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.
         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. The
  executive commissioner by rule shall require a person reporting at
  least 30 cases of a reportable disease in a month, excluding
  point-of-care testing, to submit a report required under this
  subchapter by electronic data transmission in the form prescribed
  by rule.
         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
  the same reporting period is released simultaneously to the public.
         (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 concerning 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.  Subchapter C, Chapter 1001, Health and Safety
  Code, is amended by adding Section 1001.0511 to read as follows:
         Sec. 1001.0511.   OFFICE OF CHIEF STATE EPIDEMIOLOGIST. (a)
  In this section, "office" means the office of the chief state
  epidemiologist.
         (b)  The commissioner shall:
               (1)  establish the office of the chief state
  epidemiologist within the department to inform public health
  activities and public health policy in Texas by:
                     (A)  evaluating epidemiological, medical, and
  health care data; and
                     (B)  identifying pertinent research and
  evidence-based best practices; and
               (2)  appoint a board-certified physician licensed to
  practice medicine in this state as the chief state epidemiologist
  to administer the office.
         (c)  The chief state epidemiologist must have experience in
  public health and an advanced degree in public health,
  epidemiology, or a related field.
         (d)  The chief state epidemiologist:
               (1)  serves as the department expert on epidemiological
  matters and on communicable and noncommunicable diseases;
               (2)  may provide professional and scientific
  consultation to state facilities, health service regions, local
  health agencies, and other entities regarding epidemiology and
  disease control, harmful exposure, and injury prevention;
               (3)  shall serve as the department's senior science
  representative and primary point of contact to the Centers
  for Disease Control and Prevention and other federal agencies for
  epidemiological science and disease surveillance; and
               (4)  notwithstanding any other law, may access data
  from across the department to carry out the duties of the office.
         (e)  Reports, records, and information provided to the
  office that relate to an epidemiological or toxicological
  investigation of human illnesses or conditions and of environmental
  exposures that are harmful or believed to be harmful to the public
  health are not public information under Chapter 552, Government
  Code. They may not be released or made public, on subpoena or
  otherwise, except for statistical purposes and if released in a
  manner that prevents the identification of any person.
         SECTION 5.  (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 entities, 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 entities, 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 6.  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 7.  Section 81.044(a), Health and Safety Code, as
  amended by this Act, applies only to a report submitted on or after
  January 1, 2022.
         SECTION 8.  This Act takes effect September 1, 2021.