CHAPTER 109. TEXAS HEALTH CARE POLICY COUNCIL - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE E. HEALTH CARE COUNCILS AND RESOURCE CENTERS

CHAPTER 109. TEXAS HEALTH CARE POLICY COUNCIL

SUBCHAPTER A. TEXAS HEALTH CARE POLICY COUNCIL

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.