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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 2. HEALTH |
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Subtitle E. HEALTH CARE COUNCILS AND RESOURCE CENTERS |
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Chapter 108. TEXAS HEALTH CARE INFORMATION COUNCIL |
Sec. 108.009. DATA SUBMISSION AND COLLECTION
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(a) The council may collect, and, except as provided by Subsections (c) and (d), providers shall submit to the council or another entity as determined by the council, all data required by this section. The data shall be collected according to uniform submission formats, coding systems, and other technical specifications necessary to make the incoming data substantially valid, consistent, compatible, and manageable using electronic data processing, if available.
(b) The council shall adopt rules to implement the data submission requirements imposed by Subsection (a) in appropriate stages to allow for the development of efficient systems for the collection and submission of the data. A rule adopted by the council that requires submission of a data element that, before adoption of the rule, was not required to be submitted may not take effect before the 90th day after the date the rule is adopted and must take effect not later than the first anniversary after the date the rule is adopted.
Text of subsection effective until September 01, 2014
(c) A rural provider may, but is not required to, provide the data required by this chapter. A hospital may, but is not required to, provide the data required by this chapter if the hospital:
(1) is exempt from state franchise, sales, ad valorem, or other state or local taxes; and
(2) does not seek or receive reimbursement for providing health care services to patients from any source, including:
(A) the patient or any person legally obligated to support the patient;
(B) a third-party payor; or
(C) Medicaid, Medicare, or any other federal, state, or local program for indigent health care.
(d) The council may not collect data from individual physicians or from an entity that is composed entirely of physicians and that is a professional association organized under the Texas Professional Association Act (Article 1528f, Vernon's Texas Civil Statutes), a limited liability partnership organized under Section 3.08, Texas Revised Partnership Act (Article 6132b-3.08, Vernon's Texas Civil Statutes), or a limited liability company organized under the Texas Limited Liability Company Act (Article 1528n, Vernon's Texas Civil Statutes), except to the extent the entity owns and operates a health care facility in this state. This subsection does not prohibit the release of data about physicians using uniform physician identifiers that has been collected from a health care facility under this chapter.
(e) The council shall establish the department as the single collection point for receipt of data from providers. With the approval of the council and the board, the department may transfer collection of any data required to be collected by the department under any other law to the statewide health care data collection system.
(f) The council may not require providers to submit data more frequently than quarterly, but providers may submit data on a more frequent basis.
(g) The council shall coordinate data collection with the data collection formats used by federally qualified health centers. To satisfy the requirements of this chapter:
(1) a federally qualified health center shall submit annually to the council a copy of the Medicaid cost report of federally qualified health centers; and
(2) a provider receiving federal funds under 42 U.S.C. Section 254b, 254c, or 256 shall submit annually to the council a copy of the Bureau of Common Reporting Requirements data report developed by the United States Public Health Service.
(h) The department shall coordinate data collection with the data submission formats used by hospitals and other providers. The department shall accept data in the format developed by the American National Standards Institute or its successor or other nationally accepted standardized forms that hospitals and other providers use for other complementary purposes.
(i) The council shall develop by rule reasonable alternate data submission procedures for providers that do not possess electronic data processing capacity.
(j) Repealed by Acts 1997, 75th Leg., ch. 261, Sec. 14, eff. Sept. 1, 1997.
(k) The council shall collect health care data elements relating to payer type, the racial and ethnic background of patients, and the use of health care services by consumers. The council shall prioritize data collection efforts on inpatient and outpatient surgical and radiological procedures from hospitals, ambulatory surgical centers, and free-standing radiology centers.
(l) Repealed by Acts 1997, 75th Leg., ch. 261, Sec. 14, eff. Sept. 1, 1997.
(m) To the extent feasible, the council shall obtain from public records the information that is available from those records.
(n) Repealed by Acts 1997, 75th Leg., ch. 261, Sec. 14, eff. Sept. 1, 1997.
(o) A provider of a health benefit plan shall annually submit to the council aggregate data by service area required by the Health Plan Employer Data Information Set (HEDIS) as operated by the National Committee for Quality Assurance. The council may approve the submission of data in accordance with other methods generally used by the health benefit plan industry. If the Health Plan Employer Data Information Set does not generally apply to a health benefit plan, the council shall require submission of data in accordance with other methods. This subsection does not relieve a health care facility that provides services under a health benefit plan from the requirements of this chapter. Information submitted under this section is subject to Section 108.011 but is not subject to Section 108.010.