Law:Title 2. Health. Subtitle E. Health Care Councils And Resource Centers from Chapter 109. Texas Health Care Policy Council (Texas)

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Subtitle E. Health Care Councils And Resource Centers

Contents

Chapter 109. Texas Health Care Policy Council

Subchapter A. Texas Health Care Policy Council

Section 109.001.  Definitions.

In this chapter:

(1)  "Council" means the Texas Health Care Policy Council.

(2)  "Partnership" means the Texas Health Workforce Planning Partnership.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.001 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.



Section 109.002.  Composition Of Council.

(a) The council is within the office of the governor and shall report to the governor or the governor's designee.

(b)  The council is composed of the administrative head of the following agencies or that person's designee:

(1)  the Health and Human Services Commission;

(2)  the Department of State Health Services;

(3)  the Department of Aging and Disability Services;

(4)  the Texas Workforce Commission;

(5)  the Texas Higher Education Coordinating Board;

(6)  the Texas Department of Insurance;

(7)  the Employees Retirement System of Texas;

(8)  the Teacher Retirement System of Texas;

(9)  each health care related licensing agency identified by the governor; and

(10)  any other state agency or system of higher education identified by the governor that purchases or provides health care services.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.002 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.



Section 109.003.  Advisory Committees And Ad Hoc Committees; Texas Health Workforce Planning Partnership.

(a) The council may form advisory and ad hoc committees as necessary to accomplish the council's purpose, including committees composed of health care experts from the public and private sectors to review policy matters related to the council's purpose.

(b)  The Texas Health Workforce Planning Partnership is a standing subcommittee of the council and is composed of:

(1)  the members of the council representing:

(A)  the Health and Human Services Commission;

(B)  the Department of State Health Services;

(C)  the Texas Workforce Commission;

(D)  the Texas Higher Education Coordinating Board; and

(E)  any other state agency or system of higher education identified by the governor that impacts health care workforce planning; and

(2)  the administrative head of the following agencies or that person's designee:

(A)  the Health Professions Council; and

(B)  the Office of Rural Community Health Affairs.

(c)  The partnership shall monitor the health care workforce needs of the state, including monitoring the number and type of  health care workers in the state by region and the health care workforce needs of the state, identifying any changes in the number of health care workers or health care workforce needs, and monitoring the quality of care provided by the health care workforce.

(d)  The partnership shall:

(1)  undertake and implement appropriate health care workforce planning activities; and

(2)  research and identify ways to increase funding for health care, including obtaining money from federal, state, private, or public sources.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.003 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.



Section 109.004.  Compensation And Expenses.

Service on the council or the partnership is an additional duty of a member's office or employment.  A member of the council or the partnership is not entitled to compensation but is entitled to reimbursement of travel expenses incurred by the member while conducting the business of the council or the partnership, as provided in the General Appropriations Act.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.004 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.



Section 109.005.  Meetings.

(a) The council shall meet at least once each year.  The council may meet at other times at the call of the presiding officer or as provided by the rules of the council.

(b)  The council is a governmental body for purposes of the open meetings law, Chapter 551, Government Code.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.005 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.



Section 109.006.  Director; Staff.

(a) The council shall, subject to the approval of the governor, hire a director to serve as the chief executive officer of the council and to perform the administrative duties of the council.

(b)  The director serves at the will of the council.

(c)  The director may hire staff within guidelines established by the council.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.006 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.



Section 109.007.  Funding.

Each state agency represented on the council shall provide funds for the support of the council and to implement this chapter.  The council, with the governor's approval, shall establish a funding formula to determine the level of support each state agency must provide.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.007 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.



Section 109.008.  Equal Employment Opportunity.

(a) The director or the director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.

(b)  The policy statement must include:

(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the council to avoid the unlawful employment practices described by Chapter 21, Labor Code; and

(2)  an analysis of the extent to which the composition of the council's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.

(c)  The policy statement must:

(1)  be updated annually;

(2)  be reviewed by the civil rights division of the Texas Workforce Commission for compliance with Subsection (b)(1); and

(3)  be filed with the governor's office.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.008 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.



Section 109.009.  Qualifications And Standards Of Conduct.

The director or the director's designee shall provide to members of the council and to council employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.009 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.



Section 109.010.  Research Projects; Report.

(a) The council shall identify gaps, flaws, inefficiencies, or problems in the health care system that create systemic or substantial negative impacts on the participants in the health care system, study those problems, and identify possible solutions for the state or other participants in the system.

(b)  Not later than September 1 after each regular session of the legislature, the speaker of the house of representatives and the lieutenant governor may submit health care related issues to the governor for referral to the council.  The health care related issues may include:

(1)  disparities in quality and levels of care;

(2)  problems for uninsured individuals;

(3)  the cost of pharmaceuticals;

(4)  the cost of health care;

(5)  access to health care;

(6)  the quality of health care; or

(7)  any other issue related to health care.

(c)  The governor shall refer health care related issues to the council for research and analysis.  The governor shall prioritize the issues for the council.  The council shall study those issues identified by the governor and identify possible solutions for the state or other participants in the health care system.

(d)  Not later than December 31 of each even-numbered year, the council shall submit a report of the council's findings and recommendations to the governor, lieutenant governor, and speaker of the house of representatives.

(e)  The report submitted under Subsection (d) must include recommendations from the partnership and any other advisory body formed under Section 109.003.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.010 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.002(9), eff. September 1, 2007.



Section 109.011.  Purchase Of Health Care Products Or Services.

The council shall ensure the most effective collaboration among state agencies in the purchase of health care products or services.  As a state agency develops an expertise in purchasing health care products or services, that agency shall assist other agencies in the purchase of the same products or services.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.011 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.



Section 109.012.  Use Of Technology In Health Care.

(a) The council shall facilitate and promote the use of technology in the health care system as a way to decrease administrative costs and to increase and improve the quality of health care.

(b)  The council shall monitor, research, and promote initiatives relating to patient safety and the use of telemedicine and telehealth.

(c)  The council shall coordinate its activities with other offices and state agencies that are primarily focused on the use of technology or the use of technology in health care.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.012 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.



Section 109.013.  Information Resource.

(a) The council shall establish a clearinghouse of information to assist communities in assessing the needs of local health care systems.  The council shall:

(1)  collect information on innovative health care service delivery models and make that information available to communities;

(2)  provide information on grants and technical assistance in the application process; and

(3)  collect information on the development and testing of quality measures.

(b)  The council shall investigate the best ways to collect, compare, and communicate the information to local communities.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.013 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.



Section 109.014.  Coordination With Other Organizations.

(a) The council may coordinate its research and reporting activities with other public or private entities performing research on health care policy or other topics related to the mission of the council, including academic institutions and nonprofit organizations.

(b)  The council may contract with public or private entities to perform its research and reporting activities.

Added by Acts 2005, 79th Leg., Ch. 1016, Sec. 1, eff. June 18, 2005.

Renumbered from Health and Safety Code, Section 113.014 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(46), eff. September 1, 2007.



Subchapter B. Interagency Information Sharing Pilot Program

For expiration of this subchapter, see Section 109.057.


Section 109.051.  Definition.

In this subchapter, "participating agency" means a state agency that provides social services, mental health services, substance abuse services, or health services.

Added by Acts 2007, 80th Leg., R.S., Ch. 645, Sec. 3, eff. June 15, 2007.

Renumbered from Health and Safety Code, Section 113.051 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(51), eff. September 1, 2009.



Section 109.052.  Development Of Information Sharing Standards; Publication.

(a) The council, in consultation with the Department of Information Resources, shall develop standards for the secure sharing of information electronically among participating agencies.

(b)  The data sharing standards developed by the council under this section must:

(1)  require a participating agency to comply with any federal or state law relating to the security and confidentiality of the information maintained or received by the agency;

(2)  ensure the security of personally identifiable information and the protection of personally identifiable information from inappropriate release; and

(3)  include strategies for sharing information and procedures for transferring information.

(c)  The Department of Information Resources shall publish the standards for data sharing on the department's Internet website and shall notify the presiding officer of each house of the legislature of the publication of the data sharing standards.

(d)  The presiding officer of the council may appoint work groups consisting of council members and representatives of participating agencies for any purpose consistent with the duties of the council under this subchapter.

(e)  The council shall identify other state agencies with relevant expertise and related projects, and may appoint representatives of those agencies to work groups as appropriate.

Added by Acts 2007, 80th Leg., R.S., Ch. 645, Sec. 3, eff. June 15, 2007.

Renumbered from Health and Safety Code, Section 113.052 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(51), eff. September 1, 2009.



Section 109.053.  Sharing Information Among Participating Agencies.

In developing, procuring, and maintaining electronic and information resource systems, a participating agency shall conform to common client information interchange standards developed by the council whenever possible and practicable to allow for the secure sharing of information among participating agencies to identify and coordinate the provision of necessary services to individuals in the state, while ensuring the protection of personally identifiable information from inappropriate release.

Added by Acts 2007, 80th Leg., R.S., Ch. 645, Sec. 3, eff. June 15, 2007.

Renumbered from Health and Safety Code, Section 113.053 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(51), eff. September 1, 2009.



Section 109.054.  Continuity Of Care Through Interagency Information Sharing.

(a) The council shall coordinate the development of a system for ensuring that health care providers serving clients of state programs that provide health and social services receive information about past client encounters and client health information to support the clients' continuity of care, subject to funds appropriated for this purpose.

(b)  The system described by Subsection (a) must comply with all state and federal medical privacy laws and regulations.

(c)  The initial focus of the interagency information sharing system described by Subsection (a) should be the continuity of care for inmates being admitted to or discharged from Texas Youth Commission facilities.

Added by Acts 2007, 80th Leg., R.S., Ch. 645, Sec. 3, eff. June 15, 2007.

Renumbered from Health and Safety Code, Section 113.054 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(51), eff. September 1, 2009.



Section 109.055.  Evaluation Of Interagency Information Sharing.

The council, in consultation with the Department of Information Resources, shall:

(1)  analyze and compare how participating agencies with common clients manage and exchange information relating to those clients;

(2)  identify and rank in order of priority opportunities to improve an individual's interaction with multiple participating agencies;

(3)  emphasize the development of standards that facilitate data sharing without requiring a participating agency to make significant custom modifications to the agency's information system or to incur significant expense; and

(4)  emphasize that data shared under this subchapter must comply with any federal or state law relating to confidentiality of the information maintained or received by a participating agency.

Added by Acts 2007, 80th Leg., R.S., Ch. 645, Sec. 3, eff. June 15, 2007.

Renumbered from Health and Safety Code, Section 113.055 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(51), eff. September 1, 2009.



Section 109.056.  Use Of Data.

Information gathered or shared under this subchapter may not be used to enforce Title 8 of the United States Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 645, Sec. 3, eff. June 15, 2007.

Renumbered from Health and Safety Code, Section 113.056 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(51), eff. September 1, 2009.



Section  109.057.  Expiration.

This subchapter expires September 1, 2013.

Added by Acts 2007, 80th Leg., R.S., Ch. 645, Sec. 3, eff. June 15, 2007.

Renumbered from Health and Safety Code, Section 113.057 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(51), eff. September 1, 2009.


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