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A BILL TO BE ENTITLED
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AN ACT
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relating to collection and analysis of certain health information |
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by the Texas Health Services Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 182.101(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The corporation may: |
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(1) establish statewide health information exchange |
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capabilities, including capabilities for electronic laboratory |
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results, diagnostic studies, and medication history delivery, and, |
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where applicable, promote definitions and standards for electronic |
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interactions statewide; |
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(2) seek funding to: |
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(A) implement, promote, and facilitate the |
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voluntary exchange of secure electronic health information between |
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and among individuals and entities that are providing or paying for |
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health care services or procedures; and |
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(B) create incentives to implement, promote, and |
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facilitate the voluntary exchange of secure electronic health |
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information between and among individuals and entities that are |
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providing or paying for health care services or procedures; |
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(3) establish statewide health information exchange |
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capabilities for streamlining health care administrative functions |
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including: |
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(A) communicating point of care services, |
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including laboratory results, diagnostic imaging, and prescription |
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histories; |
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(B) communicating patient identification and |
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emergency room required information in conformity with state and |
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federal privacy laws; |
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(C) real-time communication of enrollee status |
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in relation to health plan coverage, including enrollee |
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cost-sharing responsibilities; and |
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(D) current census and status of health plan |
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contracted providers; |
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(4) support regional health information exchange |
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initiatives by: |
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(A) identifying data and messaging standards for |
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health information exchange; |
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(B) administering programs providing financial |
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incentives, including grants and loans for the creation and support |
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of regional health information networks, subject to available |
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funds; |
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(C) providing technical expertise where |
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appropriate; |
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(D) sharing intellectual property developed |
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under Section 182.105; |
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(E) waiving the corporation's fees associated |
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with intellectual property, data, expertise, and other services or |
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materials provided to regional health information exchanges |
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operated on a nonprofit basis; and |
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(F) applying operational and technical standards |
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developed by the corporation to existing health information |
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exchanges only on a voluntary basis, except for standards related |
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to ensuring effective privacy and security of individually |
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identifiable health information; |
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(5) identify standards for streamlining health care |
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administrative functions across payors and providers, including |
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electronic patient registration, communication of enrollment in |
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health plans, and information at the point of care regarding |
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services covered by health plans; [and] |
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(6) support the secure, electronic exchange of health |
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information through other strategies identified by the board; and |
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(7) collect and analyze clinical data related to |
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health care operations, payment, and treatment, as those terms are |
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defined by 45 C.F.R. Section 164.501. |
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SECTION 2. Section 182.102(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The corporation has no authority and shall not engage in |
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any of the following: |
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(1) the collection and analysis of clinical data, |
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except as authorized by Section 182.101(a)(7); |
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(2) the comparison of physicians to other physicians, |
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including comparisons to peer group physicians, physician groups, |
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and physician teams, and to national specialty society adopted |
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quality measurements; |
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(3) the creation of a tool to measure physician |
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performance compared to: |
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(A) peer group physicians on state and specialty |
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levels; or |
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(B) objective standards; |
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(4) the providing of access to aggregated, |
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de-identified protected health information to local health |
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information exchanges and other users of quality care studies, |
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disease management and population health assessments; |
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(5) providing to public health programs trended, |
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aggregated, de-identified protected health information to help |
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assess the health status of populations and the providing of |
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regular reports of trends and important incidence of events to |
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public health avenues for intervention, education, and prevention |
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programs; or |
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(6) the creation of evidence-based standards for the |
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practice of medicine. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |