Sec. 108.006.  POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT.  (a)  The department shall develop a statewide health care data collection system to collect health care charges, utilization data, provider quality data, and outcome data to facilitate the promotion and accessibility of cost-effective, good quality health care.  The executive commissioner or department, as applicable, shall perform the following duties:
(1)  the department shall direct the collection, dissemination, and analysis of data under this chapter;
(2)  the department shall collect the data under this chapter;
(3)  the executive commissioner shall adopt policies and rules necessary to carry out this chapter, including rules concerning data collection requirements;
(4)  the department shall build on and not duplicate other data collection required by state or federal law, by an accreditation organization, or by department rule;
(5)  working with appropriate agencies, the department, with the approval of the executive commissioner, shall review public health data collection programs in this state and recommend, where appropriate, consolidation of the programs and any legislation necessary to effect the consolidation;
(6)  the department shall assure that public use data is made available and accessible to interested persons;
(7)  the executive commissioner shall prescribe by rule the process for providers to submit data consistent with Section 108.009;
(8)  the executive commissioner shall adopt by rule and the department shall implement a methodology to collect and disseminate data reflecting provider quality in accordance with Section 108.010;
(9)  the department shall make reports to the legislature, the governor, and the public on:
(A)  the charges and rate of change in the charges for health care services in this state;
(B)  the effectiveness of the department in carrying out the legislative intent of this chapter;
(C)  if applicable, any recommendations on the need for further legislation; and
(D)  the quality and effectiveness of health care and access to health care for all citizens of this state;
(10)  the department shall develop an annual work plan and establish priorities to accomplish its duties;
(11)  the department shall provide consumer education on the interpretation and understanding of the public use or provider quality data before the data is disseminated to the public;
(12)  the department shall work with the commission and each health and human services agency that administers a part of the state Medicaid program to avoid duplication of expenditures of state funds for computer systems, staff, or services in the collection and analysis of data relating to the state Medicaid program;
(13)  the department shall work with the Department of Information Resources in developing and implementing the statewide health care data collection system and maintain consistency with Department of Information Resources standards; and
(14)  the department shall develop and implement a health care information plan to:
(A)  support public health and preventative health initiatives;
(B)  assist in the delivery of primary and preventive health care services;
(C)  facilitate the establishment of appropriate benchmark data to measure performance improvements;
(D)  establish and maintain a systematic approach to the collection, storage, and analysis of health care data for longitudinal, epidemiological, and policy impact studies; and
(E)  develop and use system-based protocols to identify individuals and populations at risk.
(b)  The department may:
(1)  employ a director and other staff, including administrative personnel, necessary to comply with this chapter and rules adopted under this chapter;
(2)  engage professional consultants as it considers necessary to the performance of its duties; and
(3)   apply for and receive any appropriation, donation, or other funds from the state or federal government or any other public or private source, subject to Section 108.015 and limitations and conditions provided by legislative appropriation.
(b-1)  The executive commissioner may adopt rules clarifying which health care facilities must provide data under this chapter.
(c)  The department may not establish or recommend rates of payment for health care services.
(d)  The department may not take an action that affects or relates to the validity, status, or terms of an interagency agreement without the executive commissioner's approval.
(e)  In the collection of data, the department shall consider the research and initiatives being pursued by the United States Department of Health and Human Services, the National Committee for Quality Assurance, and The Joint Commission to reduce potential duplication or inconsistencies.  The executive commissioner may not adopt rules that conflict with or duplicate any federally mandated data collection programs or requirements of comparable scope.
(f)  The executive commissioner shall prescribe by rule a public use data file minimum data set that maintains patient confidentiality and establishes data accuracy and consistency.
(g)  The public use data file minimum data set as defined by department rule is subject to annual review by the department.  The purpose of the review is to evaluate requests to modify the existing minimum data set and editing process.  A decision to modify the minimum data set by the addition or deletion of data elements shall include consideration of the value of the specific data to be added or deleted and the technical feasibility of establishing data accuracy and consistency.  The department may also consider the costs to the department and providers associated with modifying the minimum data set.
(h)  In accordance with Section 108.0135, the department may release data collected under Section 108.009 that is not included in the public use data file minimum data set established under Subsection (f).
Added by Acts 1995, 74th Leg., ch. 726, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 261, Sec. 6, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 802, Sec. 3, eff. Sept. 1, 1999.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0355, eff. April 2, 2015.