BILL ANALYSIS

Senate Research Center	S.B. 1903
88R13826 MPF-D	By: Men�ndez
	Health & Human Services
	4/6/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

With the federal passage of the Health Information Technology for Economic and Clinical Health (HITECH) Act in 2009, Texas received over $866 million for electronic health record adoption; however, behavioral health was specifically excluded from this program. This exclusion has caused 80 to 90 percent of psychiatric hospitals to not have implemented health technology due to high implementation costs and lower reimbursement rates.

The 87th Legislature passed S.B. 640, which required the Health and Human Services Commission (HHSC) to conduct a study on the interoperability needs and technological readiness of behavioral health providers, including psychiatric hospitals, in Texas. HHSC found that most freestanding psychiatric hospitals had not implemented an electronic health records (EHR) system due to high costs. Those that did implement EHR reported that they were unable to share patient information electronically due to a lack of connected partners. HHSC also found that cost was a barrier for behavioral health providers; both the initial implementation costs and ongoing costs for maintaining that system. Unfortunately, behavioral health providers are excluded from federal incentive programs relating to technology costs.

HHSC recommended the state develop grant opportunities in the budget for freestanding psychiatric hospitals to purchase and implement an EHR platform with connectivity to a health information exchange. While Texas has prioritized strengthening its sharing of electronic health information to comply with the federal 21st Century Cures Act interoperability requirements, behavioral health now greatly lags compared to its physical health counterparts in e-health technology readiness and are unable to comply with CMS interoperability.

S.B. 1903 would establish a grant program for enhancing technological capabilities of behavioral health care providers with a one-time investment of $50 million for implementation.

As proposed, S.B. 1903 amends current law relating to a grant program for technological enhancements at certain health care facilities that provide mental health care services.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Health and Human Services Commission in SECTION 1 (Section 531.09915, Government Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter B, Chapter 531, Government Code, by adding Section 531.09915, as follows:

Sec. 531.09915. GRANT PROGRAM FOR TECHNOLOGICAL ENHANCEMENTS AT CERTAIN HEALTH CARE FACILITIES PROVIDING MENTAL HEALTH CARE SERVICES. (a) Defines "health care facility."

(b) Requires the Health and Human Services Commission (HHSC) to establish a grant program for the purpose of enhancing the technological capabilities of health care facilities providing mental health care services in this state.

(c) Provides that a health care facility, to be eligible for a grant under this section, is required to:

(1) demonstrate how the grant money will be used to improve the quality of and access to mental health care services in this state;

(2) align with the interoperability and technology standards in the 21st Century Cures Act (Pub. L. No. 114-255); and

(3) meet any other additional eligibility criteria established by HHSC.

(d) Authorizes a health care facility awarded a grant under this section to use the grant money to:

(1) purchase a recordkeeping platform that uses a certified electronic health record;

(2) expand the interoperability of health information in the health care facility or as part of a network with other health care providers;

(3) expand a patient's access to the patient's digital health records and mental health care services;

(4) improve information technology infrastructure regarding the data privacy and security of patient information, including consent management; and

(5) improve the efficiency of the provision of mental health care services through the use and interconnectivity of mobile devices.

(e) Authorizes HHSC to solicit and accept gifts, grants, and donations from any source for the purposes of awarding grants under this section.

(f) Requires HHSC, not later than December 1 of each even-numbered year, to submit a report to the legislature regarding the results of the grant program administered under this section.

(g) Authorizes HHSC to adopt any rules necessary to implement this section.

SECTION 2. Effective date: September 1, 2023.