Sec. 108.010.  COLLECTION AND DISSEMINATION OF PROVIDER QUALITY DATA.  (a)  Subject to Section 108.009, the department shall collect data reflecting provider quality based on a methodology and review process established through the executive commissioner's rulemaking process.  The methodology shall identify and measure quality standards and adhere to any federal mandates.
(b)  The department shall study and analyze initial methodologies for obtaining provider quality data, including outcome data.
(c)  The department shall test the methodology by collecting provider quality data for one year, subject to Section 108.009.  The department may test using pilot methodologies.  After collecting provider quality data for one year, the department shall report findings applicable to a provider to that provider and allow the provider to review and comment on the initial provider quality data applicable to that provider.  The department shall verify the accuracy of the data during this review and revision process.  After the review and revision process, provider quality data for subsequent reports shall be published and made available to the public, on a time schedule the department considers appropriate.
(d)  If the department determines that provider quality data to be published under Subsection (c) does not provide the intended result or is inaccurate or inappropriate for dissemination, the department is not required to publish the data or reports based in whole or in part on the data.  This subsection does not affect the release of public use data in accordance with Section 108.011 or the release of information submitted under Section 108.009(o).
(e)  The executive commissioner shall adopt rules allowing a provider to submit concise written comments regarding any specific provider quality data to be released concerning the provider.  The department shall make the comments available to the public at the office of the department and in an electronic form accessible through the Internet.  The comments shall be attached to any public release of provider quality data.  Providers shall submit the comments to the department to be attached to the public release of provider quality data in the same format as the provider quality data that is to be released.
(f)  The methodology adopted for measuring quality shall include case-mix qualifiers, severity adjustment factors, adjustments for medical education and research, and any other factors necessary to accurately reflect provider quality.
(g)  In addition to the requirements of this section, any release of provider quality data shall comply with Sections 108.011(e) and (f).
(h)  A provider quality data report may not identify an individual physician by name, but must identify the physician by the uniform physician identifier designated by the department under Section 108.011(c).
(i)  The department shall release provider quality data in an aggregate form without uniform physician identifiers when  the cell size of the data is below the minimum size established by department rule that would enable identification of an individual patient or physician.
Added by Acts 1995, 74th Leg., ch. 726, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 261, Sec. 10, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 802, Sec. 5, eff. Sept. 1, 1999.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0355, eff. April 2, 2015.