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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that certain hospitals submit a summary |
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of parts of their emergency department diversion plans to the |
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Health and Human Services Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 311, Health and Safety |
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Code, is amended by adding Section 311.025 to read as follows: |
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Sec. 311.025. SUMMARY OF CERTAIN PARTS OF EMERGENCY |
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DEPARTMENT DIVERSION PLAN. (a) In this section: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Diversion plan" means a hospital's process for |
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temporarily routing patients in need of emergency services to other |
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hospitals or health facilities during a period when: |
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(A) the hospital's capacity to provide emergency |
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services to those patients is significantly diminished; and |
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(B) the patients, if routed to the hospital, |
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would likely receive substantially delayed care resulting in worse |
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health outcomes than would otherwise occur were the patient routed |
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to another hospital or health facility. |
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(3) "Hospital" means a hospital licensed under Chapter |
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241. |
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(b) This section applies only to a hospital that has an |
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emergency department or otherwise regularly provides emergency |
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services. |
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(c) A hospital to which this section applies shall submit to |
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the commission a written summary of the part of the hospital's |
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diversion plan that addresses diversions from the hospital's |
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emergency department in the event that the hospital experiences a |
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cyber attack or an electrical power outage. |
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(d) If a hospital to which this section applies makes |
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changes to the part of the plan described by Subsection (c), the |
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hospital shall update the previously submitted summary and submit |
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the updated summary to the commission not later than the 30th day |
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after the date the changes to the plan are adopted by the hospital's |
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governing body or otherwise approved by the appropriate hospital |
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administrator. |
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(e) A summary submitted to the commission under this section |
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is confidential and excepted from public disclosure under Chapter |
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552, Government Code. |
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SECTION 2. A hospital to which Section 311.025, Health and |
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Safety Code, as added by this Act, applies shall comply with the |
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requirements of that section not later than December 1, 2025. |
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SECTION 3. This Act takes effect September 1, 2025. |