HBA-CBW S.B. 285 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 285 By: Nelson Public Health 4/26/2001 Engrossed BACKGROUND AND PURPOSE Cancer is the second leading cause of death among Americans. The American Cancer Society (ACS) estimates that in 2001 1,268,000 new cancer cases will be diagnosed in the United States, including 78,900 in Texas. ACS also estimates that 553,400 cancer deaths will occur in the United States, including 34,400 in Texas. Increased funding and a better reporting system could help prevent and control cancer. Texas could be eligible to receive federal funding from the Centers for Disease Control and Prevention under the National Program of Cancer Registries if the state had a systematic method of reporting cancer cases. Senate Bill 285 authorizes the Texas Department of Health to access certain medical records from a health care facility, clinical laboratory, or health care practitioner. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Health in SECTION 4 (Section 82.009, Health and Safety Code) of this bill. ANALYSIS Senate Bill 285 amends the Health and Safety Code to include healthcare practitioners in the reporting requirements of the Texas Cancer Incidence Reporting Act (TCIRA). The bill authorizes the Texas Department of Health (TDH) to access the medical records of a health care facility, clinical laboratory, or health care practitioner (health entity). The bill deletes the requirement for the Texas Board of Health (board) to pay a reasonable compensation amount to a health entity for the cost of collecting or furnishing cancer data. The bill requires the board to adopt procedures that ensure adequate notice is given to the health entity before TDH accesses data. The bill requires a health entity to reimburse TDH or its authorized representative for costs of accessing and reporting data the health entity failed to furnish. The bill authorizes TDH to assess a late fee on an account that is 60 days or more overdue and prohibits the late fee from exceeding one and one-half percent of the total amount due on the late account for each month or portion of a month the account is not paid in full (Sec. 82.008). The bill establishes the confidentiality of the reports, records, and information obtained under TCIRA. The bill authorizes medical or epidemiological information to be released under certain conditions. The bill prohibits a state employee from testifying in proceeding regarding the existence or contents of records, reports, or information concerning an individual without prior consent of the individual (Sec. 82.009). EFFECTIVE DATE September 1, 2001.