HBA-JRA, MPM H.B. 1513 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1513
By: Maxey
Public Health
7/26/1999
Enrolled



BACKGROUND AND PURPOSE 

The Texas Health Care Information Council (council) was created by the 73rd
Texas Legislature to develop a statewide health care data collection system
to collect health care charges, utilization data, provider quality data,
and outcome data to facilitate the promotion and accessibility of
cost-effective, quality health care.  By collecting hospital-based data and
requiring HMO reporting, the council has been able to provide useful report
cards on HMOs. 

H.B. 1513 provides a new definition for "public use data" to include
patient level data that has had patient identifying information removed and
that identifies physicians only by use of uniform physician identifiers,
rather than identifying both physicians and patients by their respective
identifiers.  Furthermore, it makes changes to the compositions of the
council's technical advisory committees, deletes specific data from the
data the council is prohibited from releasing and to which a person or
entity may not gain access unless authorized.  It also requires the council
to establish a committee which has experience in ethics, patient
confidentiality, and health care data to approve requests for information
and to adopt rules regarding the release of data. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Health Care Information
Council in SECTIONS 3 and 7 (Sections 108.006 and 108.013, Health and
Safety Code) and modifies rulemaking authority previously delegated to the
Texas Health Care Information Council in SECTION 4 (Section 108.009, Health
and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 108.002, Health and Safety Code, to define
"accurate and consistent data," "certification," "edit," and "validation"
and to redefine "public use data" to include patient level data that has
had patient identifying information removed and that identifies physicians
only by use of uniform physician identifiers, rather than identifying both
physicians and patients by their respective identifiers.  Authorizes the
exclusion of some data elements submitted to the Texas Health Care
Information Council (council) from public use data.  Makes conforming
changes. 

SECTION 2.  Amends Section 108.003(g), Health and Safety Code, to provide
that Chapter 2110 (State Agency Advisory Committees), Government Code, does
not apply to the five technical advisory committees (committees) appointed
by the council as described in this subsection.  Deletes the requirement
that the first of these committees provide advice and recommendations to
the council on the development and dissemination of consumer education
information and materials.  Provides that the third of these technical
advisory committees include providers and consumers to provide advice and
recommendations to the council relating to education about the development
and dissemination of the provider quality report and data.  Deletes the
requirement that this committee be comprised of individuals with expertise
in the reimbursement of medical education and research costs.  Provides
that the fourth technical advisory committee be comprised of
representatives of consumers, in addition to representatives of each type
of issuer of health benefit plans.  Provides that the fifth technical
advisory committee be comprised of providers and consumers, in addition to
individuals with expertise in the security of confidential data, in
addition to hospital information systems, health information management,
and quality management.  

 SECTION 3.  Amends Section 108.006, Health and Safety Code, by adding
Subsections (f), (g), and (h), as follows: 

(f)  Requires the council to prescribe by rule a public use date file
minimum data set that maintains patient confidentiality and establishes
data accuracy and consistency. 

(g)  Subjects this minimum data set to annual review by the council with
the assistance of the technical advisory committee under Section
108.003(g)(5),composed of individuals with expertise in hospital
information systems, health information management, quality management, and
security of confidential data, to evaluate requests to modify the existing
minimum data set and editing process.  Requires the council and the
advisory committee to consider the value of the any data to be added or
deleted from the minimum data set and the technical feasibility of
establishing data accuracy and consistency in making a decision to modify
the minimum data set.  Authorizes the council to consider the costs to the
council and providers associated with such modification. 

(h)  Authorizes the council to release data collected under Section 108.009
that is not included in the public use data file minimum data set. 

SECTION 4.  Amends Section 108.009(b), Health and Safety Code, to provide
that a rule adopted by the council that requires the submission of a data
element not previously required must take effect by the first anniversary
after the date the rule is adopted. 

SECTION 5.  Amends Section 108.010(i), Health and Safety Code, to require
the council to release provider quality data in an aggregate form without
uniform physician identifiers when the data relates to providers described
by Section 108.0025(l) (Rural Provider) or the cell size of the data is
below the minimum size established by council rule that would enable
identification of an individual patient.  Deletes text qualifying provider
quality data as that relating to providers described by Section
108.0025(l), but that are not rural providers because they do not meet the
requirement of Section 108.0025(2). 

SECTION 6.  Amends Section 108.011(d) and (i), Health and Safety Code, to
make conforming and nonsubstantive changes.  
 
SECTION 7.  Amends Sections 108.013 by amending Subsections (c), (e), (f),
(g), and (h) and adding Subsection (j), as follows: 

(c)  Deletes data that could be reasonably expected to reveal the zip code
of a patient's primary residence from that data the council is prohibited
to release, and data to which a person or entity may not gain access unless
authorized by this chapter.  Adds data that could reasonably be expected to
reveal the identify of a physician and data that is submitted to the
council in a uniform submission format that is not included in the public
use data set, except in accordance with Section 108.0135, to the data the
council is prohibited to release. 

(e)  Makes conforming changes.

(f)  Provides that  data on physicians and compilations produced from the
data collected that identify physicians are not subject to discovery,
subpoena, or other means of legal compulsion for release to any person or
entity except as provided by this section, nor are they admissible in any
civil, administrative, or criminal proceeding.  Removes the provision
authorizing the council to use zip code information to analyze data on a
geographic basis, regardless of Subsection (c).   

(g) Prohibits the council from releasing data elements in a way that will
reveal a physician's identity. 

(j)  Requires the council, by rule, and with the assistance of the advisory
committee under Section 108.003, to develop and implement a mechanism to
comply with this section.  Makes conforming and nonsubstantive changes. 
 
SECTION 8.  Amends Chapter 108, Health and Safety Code, by adding Section
108.0135, as follows: 

Sec. 108.0135.  SCIENTIFIC REVIEW PANEL.  (a)  Requires the council to
establish a scientific review panel (panel) which is required to have
experience and expertise in ethics, patient confidentiality, and health
care data to review and approve requests for information. Requires the
council to adopt rules similar to the federal Health Care Financing
Administration's guidelines on releasing data to help the panel determine
whether to approve a request for information.  Provides that a request for
information other than public use data must be made on a form created by
the council. 

SECTION 9.  Amends Section 108.014, Health and Safety Code, by amending
Subsection (c) and adding Subsection (d), as follows: 

(c)  Provides that the venue of an action brought under this section is in
Travis County. 

(d) Requires a civil penalty recovered in a suit instituted by the attorney
general under this chapter to be deposited in the general revenue fund to
the credit of the health care information account. 

SECTION 10.  Amends Section 108.0141, Health and Safety Code, to provide
that a person who knowingly accesses data in violation of this chapter or
who, with criminal negligence releases data in violation of this chapter,
commits an offense.  Provides that an offense under this section is a state
jail felony, rather than a Class A misdemeanor. 

SECTION 11.  Effective date: September 1, 1999.  Requires the council to
adopt initial rules required by Section 108.013(j), Health and Safety Code,
as added by this Act, no later than January 1, 2000.  Makes change in law
made by this Act to Section 108.0141, Health and Safety Code, prospective.
Requires the Texas Health Care Information Council to edit the physician
identifier fields by January 1, 2000.  Requires the uniform physician
identifier to be included in the public use data file minimum data sets
that contain information from hospital discharges for patients released on
or after January 1, 2000. 

SECTION 12.  Emergency clause.