Bill Text: TX SB290 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to collection and analysis of certain health information by the Texas Health Services Authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to Health & Human Services [SB290 Detail]
Download: Texas-2023-SB290-Introduced.html
| 88R1382 MCF-F | ||
| By: Johnson | S.B. No. 290 | |
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| relating to collection and analysis of certain health information | ||
| by the Texas Health Services Authority. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 182.101(a), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (a) The corporation may: | ||
| (1) establish statewide health information exchange | ||
| capabilities, including capabilities for electronic laboratory | ||
| results, diagnostic studies, and medication history delivery, and, | ||
| where applicable, promote definitions and standards for electronic | ||
| interactions statewide; | ||
| (2) seek funding to: | ||
| (A) implement, promote, and facilitate the | ||
| voluntary exchange of secure electronic health information between | ||
| and among individuals and entities that are providing or paying for | ||
| health care services or procedures; and | ||
| (B) create incentives to implement, promote, and | ||
| facilitate the voluntary exchange of secure electronic health | ||
| information between and among individuals and entities that are | ||
| providing or paying for health care services or procedures; | ||
| (3) establish statewide health information exchange | ||
| capabilities for streamlining health care administrative functions | ||
| including: | ||
| (A) communicating point of care services, | ||
| including laboratory results, diagnostic imaging, and prescription | ||
| histories; | ||
| (B) communicating patient identification and | ||
| emergency room required information in conformity with state and | ||
| federal privacy laws; | ||
| (C) real-time communication of enrollee status | ||
| in relation to health plan coverage, including enrollee | ||
| cost-sharing responsibilities; and | ||
| (D) current census and status of health plan | ||
| contracted providers; | ||
| (4) support regional health information exchange | ||
| initiatives by: | ||
| (A) identifying data and messaging standards for | ||
| health information exchange; | ||
| (B) administering programs providing financial | ||
| incentives, including grants and loans for the creation and support | ||
| of regional health information networks, subject to available | ||
| funds; | ||
| (C) providing technical expertise where | ||
| appropriate; | ||
| (D) sharing intellectual property developed | ||
| under Section 182.105; | ||
| (E) waiving the corporation's fees associated | ||
| with intellectual property, data, expertise, and other services or | ||
| materials provided to regional health information exchanges | ||
| operated on a nonprofit basis; and | ||
| (F) applying operational and technical standards | ||
| developed by the corporation to existing health information | ||
| exchanges only on a voluntary basis, except for standards related | ||
| to ensuring effective privacy and security of individually | ||
| identifiable health information; | ||
| (5) identify standards for streamlining health care | ||
| administrative functions across payors and providers, including | ||
| electronic patient registration, communication of enrollment in | ||
| health plans, and information at the point of care regarding | ||
| services covered by health plans; [ |
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| (6) support the secure, electronic exchange of health | ||
| information through other strategies identified by the board; and | ||
| (7) collect and analyze clinical data related to | ||
| health care operations, payment, and treatment, as those terms are | ||
| defined by 45 C.F.R. Section 164.501. | ||
| SECTION 2. Section 182.102(a), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (a) The corporation has no authority and shall not engage in | ||
| any of the following: | ||
| (1) the collection and analysis of clinical data, | ||
| except as authorized by Section 182.101(a)(7); | ||
| (2) the comparison of physicians to other physicians, | ||
| including comparisons to peer group physicians, physician groups, | ||
| and physician teams, and to national specialty society adopted | ||
| quality measurements; | ||
| (3) the creation of a tool to measure physician | ||
| performance compared to: | ||
| (A) peer group physicians on state and specialty | ||
| levels; or | ||
| (B) objective standards; | ||
| (4) the providing of access to aggregated, | ||
| de-identified protected health information to local health | ||
| information exchanges and other users of quality care studies, | ||
| disease management and population health assessments; | ||
| (5) providing to public health programs trended, | ||
| aggregated, de-identified protected health information to help | ||
| assess the health status of populations and the providing of | ||
| regular reports of trends and important incidence of events to | ||
| public health avenues for intervention, education, and prevention | ||
| programs; or | ||
| (6) the creation of evidence-based standards for the | ||
| practice of medicine. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2023. | ||
