HB772 - Relating to the immunization data included in and excluded from the immunization registry.

  89R337 SRA-F     By: Howard H.B. No. 772       A BILL TO BE ENTITLED   AN ACT   relating to the immunization data included in and excluded from the   immunization registry.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 161.007, Health and Safety Code, is   amended by amending Subsections (a), (a-2), (b), (b-1), (c), (d),   and (e) and adding Subsections (e-1), (l), and (m) to read as   follows:          (a)  The department, for the primary purpose of establishing   and maintaining a single repository of accurate, complete, and   current immunization records to be used in aiding, coordinating,   and promoting efficient and cost-effective communicable disease   prevention and control efforts, shall establish and maintain an   immunization registry.  The executive commissioner by rule shall   develop guidelines to:                (1)  protect the confidentiality of patients in   accordance with Section 159.002, Occupations Code;                (2)  inform the individual or the individual's legally   authorized representative about the registry and that registry   information may be released under Section 161.00735;                (3)  [ require the written or electronic consent of the   individual or the individual's legally authorized representative   before any information relating to the individual is included in   the registry;                [ (4) ]  permit the individual or the individual's   legally authorized representative to request exclusion of the   individual's information from [ withdraw consent for the individual   to be included in ] the registry ;                 (4)     provide opportunities for the individual or the   individual's legally authorized representative to request   exclusion from the registry at any time, including:                       (A)     at the time of the individual's birth if   attended by a health care provider who administers immunizations;                       (B)     each time a health care provider in this   state administers any immunization to the individual;                       (C)     through electronic submission of a request   for exclusion using a procedure available on the department's   Internet website;                       (D)     through submission to the department of a   written request for exclusion; and                       (E)  following a natural or man-made disaster ;   [ and ]                (5)   ensure the individual or the individual's legally   authorized representative is not required to request exclusion from   the registry more than one time and, following the department's   receipt of the request for exclusion, the individual's immunization   information is not included in the registry unless the individual   or the individual's legally authorized representative subsequently   submits to the department a written request for inclusion in the   registry; and                 (6)     include on each immunization record the registry   generates the procedure for requesting exclusion from the registry     [ determine the process by which consent is verified, including   affirmation by a health care provider, birth registrar, regional   health information exchange, or local immunization registry that   consent has been obtained ].          (a-2)  [ The written or electronic consent required by   Subsection (a)(3) for an individual who is 18 years of age or older   is required to be obtained only one time and must be received from   the individual before the information may be released. ]  An   individual's legally authorized representative or the individual,   after the individual has attained 18 years of age, may submit a   request  [ consent ] in writing or electronically for exclusion of the   individual's information from [ to remain in ] the registry.  [ The   consent of the representative or individual is valid until the   individual or the individual's legally authorized representative   withdraws consent in writing or electronically. The department may   not include in the registry the immunization information of an   individual who is 26 years of age or older until written or   electronic consent has been obtained as provided by this   subsection. ] The department shall coordinate with the Texas   Education Agency to distribute materials described in Section   161.0095(a)(2) to students and parents through local school   districts.          (b)  Except as provided by Section 161.0071, the   immunization registry must contain information on the immunization   history that is obtained by the department under:                (1)  this section of each individual for whom   immunization information  [ consent ] has been obtained , unless the   individual or the individual's legally authorized representative   requested exclusion of the individual's information from the   registry in accordance with guidelines adopted under Subsection   (a);                (2)  Section 161.00705 of individuals  [ persons ]   immunized to prepare for or in response to a declared disaster,   public health emergency, terrorist attack, hostile military or   paramilitary action, or extraordinary law enforcement emergency;                (3)  Section 161.00706 of first responders or their   immediate family members; and                (4)  Section 161.00735 of individuals  [ persons ]   evacuated or relocated to this state because of a disaster.          (b-1)  The department shall exclude [ remove ] from the   registry information for any individual for whom [ consent has been   withdrawn.   The department may not retain individually identifiable   information about any individual:                [ (1)  for whom consent has been withdrawn;                [ (2)     for whom a consent for continued inclusion in the   registry following the end of the declared disaster, public health   emergency, terrorist attack, hostile military or paramilitary   action, or extraordinary law enforcement emergency has not been   received under Section 161.00705(f);                [ (3)     for whom a request to be removed from the registry   has been received under Section 161.00706(e);                [ (4)     for whom consent for continued inclusion in the   registry following the end of a disaster has not been received under   Section 161.00735(f); or                [ (5)  for whom ] a request to exclude [ remove ]   information from the registry has been received under this   subchapter [ Section 161.00735(g) ].          (c)  A payor that receives data elements from a health care   provider who administers an immunization to an individual younger   than 18 years of age shall provide the data elements to the   department.  A payor is required to provide the department with only   the data elements the payor receives from a health care provider.  A   payor that receives data elements from a health care provider who   administers an immunization to an individual 18 years of age or   older may provide the data elements to the department.  The data   elements shall be submitted in a format prescribed by the   department. [ The department shall verify consent before including   the reported information in the immunization registry.     The   department may not retain individually identifiable information   about an individual for whom consent cannot be verified. ]          (d)  A health care provider who administers an immunization   to an individual younger than 18 years of age shall provide data   elements regarding an immunization to the department.  A health   care provider who administers an immunization to an individual 18   years of age or older may submit data elements regarding an   immunization to the department.  At the request and with the   authorization of the health care provider, the data elements may be   submitted through a health information exchange as defined by   Section 182.151.  The data elements shall be submitted in a format   prescribed by the department. A health care provider who   administers an immunization to any individual and provides data   elements to the department shall notify the individual or the   individual's legally authorized representative of:                 (1)     the inclusion in the registry of the individual's   immunization information unless exclusion from the registry is   requested in accordance with the guidelines adopted under   Subsection (a); and                 (2)     the procedure for requesting exclusion from the   registry   [ The department shall verify consent before including the   information in the immunization registry. The department may not   retain individually identifiable information about an individual   for whom consent cannot be verified ].          (e)  The department shall :                 (1)     post on the department's Internet website a   printable form that:                       (A)     states an individual's immunization   information will be included in the registry unless exclusion from   the registry is requested; and                       (B)     details the procedure for submitting an   electronic or written request for exclusion from the registry   [ provide notice to a health care provider that submits an   immunization history for an individual for whom consent cannot be   verified. The notice shall contain instructions for obtaining   consent ] in accordance with guidelines adopted under Subsection   (a) ; and                 (2)     make the form described by Subdivision (1)   available for distribution to health care providers [ and   resubmitting the immunization history to the department ].           (e-1)     A health care provider may use the printable form   described by Subsection (e) to provide the notification required   under Subsection (d).           (l)     Registry information may not be used to exclude any   individual from the receipt of any service during a natural or   man-made disaster unless the service is withheld because of a   medical contraindication.           (m)     The department may not sell registry information to any   public or private entity.          SECTION 2.  Section 161.00705(f), Health and Safety Code, is   amended to read as follows:          (f)  Unless an individual or the individual's legally   authorized representative [ consents ] in writing or electronically   requests exclusion [ to continued inclusion ] of the individual's   information from [ in ] the registry, the department shall include   [ remove ] the immunization records collected under this section in   [ from ] the registry [ on expiration of the period prescribed under   Subsection (e) ].          SECTION 3.  Sections 161.00706(e) and (f), Health and Safety   Code, are amended to read as follows:          (e)  A person whose immunization records are included in the   immunization registry as authorized by this section may request in   writing or electronically that the department exclude [ remove ] t [Text truncated for display. Full text available on Congress.gov.]