Sec. 166.054.  REPORTING REQUIREMENTS REGARDING ETHICS OR MEDICAL COMMITTEE PROCESSES.  (a)  Not later than the 180th day after the date written notice is provided under Section 166.046(b)(1), a health care facility shall prepare and submit to the commission a report that contains the following information:
(1)  the number of days that elapsed from the patient's admission to the facility to the date notice was provided under Section 166.046(b)(1);
(2)  whether the ethics or medical committee met to review the case under Section 166.046 and, if the committee did meet, the number of days that elapsed from the date notice was provided under Section 166.046(b)(1) to the date the meeting was held;
(3)  whether the patient was:
(A)  transferred to a physician within the same facility who was willing to comply with the patient's advance directive or a health care or treatment decision made by or on behalf of the patient;
(B)  transferred to a different health care facility; or
(C)  discharged from the facility to a private residence or other setting that is not a health care facility;
(4)  whether the patient died while receiving life-sustaining treatment at the facility;
(5)  whether life-sustaining treatment was withheld or withdrawn from the patient at the facility after expiration of the time period described by Section 166.046(e) and, if so, the disposition of the patient after the withholding or withdrawal of life-sustaining treatment at the facility, as selected from the following categories:
(A)  the patient died at the facility;
(B)  the patient is currently a patient at the facility;
(C)  the patient was transferred to a different health care facility; or
(D)  the patient was discharged from the facility to a private residence or other setting that is not a health care facility;
(6)  the age group of the patient selected from the following categories:
(A)  17 years of age or younger;
(B)  18 years of age or older and younger than 66 years of age; or
(C)  66 years of age or older;
(7)  the health insurance coverage status of the patient selected from the following categories:
(A)  private health insurance coverage;
(B)  public health plan coverage; or
(C)  uninsured;
(8)  the patient's sex;
(9)  the patient's race;
(10)  whether the facility was notified of and able to reasonably verify any public disclosure of the contact information for the facility's personnel, physicians or health care professionals who provide care at the facility, or members of the ethics or medical committee in connection with the patient's stay at the facility; and
(11)  whether the facility was notified of and able to reasonably verify any public disclosure by facility personnel of the contact information for the patient's immediate family members or the person responsible for the patient's health care decisions in connection with the patient's stay at the facility.
(b)  The commission shall ensure information provided in each report submitted by a health care facility under Subsection (a) is kept confidential and not disclosed in any manner, except as provided by this section.
(c)  Not later than April 1 of each year, the commission shall prepare and publish on the commission's Internet website a report that contains:
(1)  aggregate information compiled from the reports submitted to the commission under Subsection (a) during the preceding year on:
(A)  the total number of written notices provided under Section 166.046(b)(1);
(B)  the average number of days described by Subsection (a)(1);
(C)  the total number of meetings held by ethics or medical committees to review cases under Section 166.046;
(D)  the average number of days described by Subsection (a)(2);
(E)  the total number of patients described by Subsections (a)(3)(A), (B), and (C);
(F)  the total number of patients described by Subsection (a)(4);
(G)  the total number of patients for whom life-sustaining treatment was withheld or withdrawn after expiration of the time period described by Section 166.046(e);
(H)  the total number of cases for which the facility was notified of and able to reasonably verify the public disclosure of the contact information for the facility's personnel, physicians or health care professionals who provide care at the facility, or members of the ethics or medical committee in connection with the patient's stay at the facility; and
(I)  the total number of cases for which the facility was notified of and able to reasonably verify the public disclosure by facility personnel of contact information for the patient's immediate family members or person responsible for the patient's health care decisions in connection with the patient's stay at the facility; and
(2)  if the total number of reports submitted under Subsection (a) for the preceding year is 10 or more, aggregate information compiled from those reports on the total number of patients categorized by:
(A)  sex;
(B)  race;
(C)  age group, based on the categories described by Subsection (a)(6);
(D)  health insurance coverage status, based on the categories described by Subsection (a)(7); and
(E)  for patients for whom life-sustaining treatment was withheld or withdrawn at the facility after expiration of the period described by Section 166.046(e), the total number of patients described by each of the following:
(i)  Subsection (a)(5)(A);
(ii)  Subsection (a)(5)(B);
(iii)  Subsection (a)(5)(C); and
(iv)  Subsection (a)(5)(D).
(d)  If the commission receives fewer than 10 reports under Subsection (a) for inclusion in an annual report required under Subsection (c), the commission shall include in the next annual report prepared after the commission receives 10 or more reports the aggregate information for all years for which the information was not included in a preceding annual report.  The commission shall include in the next annual report a statement that identifies each year during which an underlying report was submitted to the commission under Subsection (a).
(e)  The annual report required by Subsection (c) or (d) may not include any information that could be used alone or in combination with other reasonably available information to identify any individual, entity, or facility.
(f)  The executive commissioner shall adopt rules to:
(1)  establish a standard form for the reporting requirements of this section; and
(2)  protect and aggregate any information the commission receives under this section.
(g)  Information collected as required by this section or submitted to the commission under this section:
(1)  is not admissible in a civil or criminal proceeding in which a physician, health care professional acting under the direction of a physician, or health care facility is a defendant;
(2)  may not be used in relation to any disciplinary action by a licensing or regulatory agency with oversight over a physician, health care professional acting under the direction of a physician, or health care facility; and
(3)  is not public information or subject to disclosure under Chapter 552, Government Code, except as permitted by Section 552.008, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 915 (H.B. 3162), Sec. 6, eff. September 1, 2023.