(a) Statutory authority. The e-Health Advisory Committee (committee) is established under Texas Government Code §531.012 and is subject to §351.801 of this division (relating to Authority and General Provisions).
(b) Purpose. The committee advises the Texas Health and Human Services Commission (HHSC) Executive Commissioner and Health and Human Services system agencies (HHS agencies) on strategic planning, policy, rules, and services related to the use of health information technology, health information exchange systems, telemedicine, telehealth, and home telemonitoring services.
(c) Tasks. The committee:
  (1) advises HHS agencies on the development, implementation, and long-range plans for health care information technology and health information exchange, including the use of electronic health records, computerized clinical support systems, health information exchange systems for exchanging clinical and other types of health information, and other methods of incorporating health information technology in pursuit of greater cost-effectiveness and better patient outcomes in health care and population health;
  (2) advises HHS agencies on incentives for increasing health care provider adoption and usage of an electronic health record and health information exchange systems;
  (3) advises HHS agencies on the development, use, and long-range plans for telemedicine, telehealth, and home telemonitoring services, including consultations, reimbursements, and new benefits for inclusion in Medicaid telemedicine, telehealth, and home telemonitoring programs;
  (4) makes recommendations to HHS agencies through regularly scheduled meetings and verbal or written recommendations communicated to HHSC staff assigned to the committee;
  (5) performs other tasks consistent with its purpose as requested by the Executive Commissioner; and
  (6) adopts bylaws to guide the operation of the committee.
(d) Reporting Requirements.
  (1) No later than December 1 of each even-numbered year, the committee files a written report with the HHSC Executive Commissioner and the Texas Legislature covering the meetings and activities not covered in its most recent report filed with the HHSC Executive Commissioner and Texas Legislature through September 30 of the even-numbered year the report is due to be filed. The report includes:
    (A) a list of the meeting dates;
    (B) the members' attendance records;
    (C) a brief description of actions taken by the committee;
    (D) a description of how the committee accomplished its tasks;
    (E) a summary of the status of any rules that the committee recommended to HHSC;
    (F) a description of activities the committee anticipates undertaking in the next fiscal year;
    (G) recommended amendments to this section;
    (H) any policy recommendations; and
    (I) the costs related to the committee, including the cost of HHSC staff time spent supporting the committee's activities and the source of funds used to support the committee's activities.
  (2) No later than December 1 of each odd-numbered year, the committee submits to the HHSC Executive Commissioner an informational briefing memorandum describing the committee's costs, accomplishments, and areas of focus that covers October 1 of the preceding year through September 30 of the odd-numbered year the informational briefing memorandum is due to be filed.
(e) Meetings.
  (1) Open meetings. The committee complies with the requirements for open meetings under Texas Government Code Chapter 551, as if it were a governmental body.
  (2) Frequency. The committee will meet at least three times a year at the call of the presiding officer.
  (3) Quorum. A majority of members constitutes a quorum.
(f) Membership.
  (1) The committee is composed of no more than 24 members appointed by the HHSC Executive Commissioner. In selecting members to serve on the committee, HHSC considers the applicants' qualifications, background, and interest in serving.
  (2) The committee includes representatives of HHS agencies, other state agencies, and other health and human services stakeholders concerned with the use of health information technology, health information exchange systems, telemedicine, telehealth, and home telemonitoring services. The committee comprises the following voting and non-voting ex officio members:
    (A) Voting members representing the following categories:
      (i) at least one representative from the Texas Medical Board;
      (ii) at least one representative from the Texas Board of Nursing;
      (iii) at least one representative from the Texas State Board of Pharmacy;
      (iv) at least one representative from the Statewide Health Coordinating Council;
      (v) at least one representative of a managed care organization;
      (vi) at least one representative of the pharmaceutical industry;
      (vii) at least one representative of a health science center in Texas;
      (viii) at least one expert on telemedicine;
      (ix) at least one expert on home telemonitoring services;
      (x) at least one representative of consumers of health services provided through telemedicine;
      (xi) at least one Medicaid provider or child health plan program provider;
      (xii) at least one representative from the Texas Health Services Authority established under Texas Health and Safety Code Chapter 182;
      (xiii) at least one representative of a local or regional health information exchange; and
      (xiv) at least one representative with expertise related to the implementation of electronic health records, computerized clinical support systems, and health information exchange systems for exchanging clinical and other types of health information.
    (B) Non-voting ex officio members representing the following categories:
      (i) at least two non-voting ex officio representatives from HHSC; and
      (ii) at least one non-voting ex officio representative from the Texas Department of State Health Services.
  (3) When appointing members, the HHSC Executive Commissioner considers the cultural, ethnic, and geographic diversity of Texas, including representation from at least 6 of the 11 Public Health Regions as defined by the Texas Department of State Health Services in accordance with Texas Health and Safety Code §121.007.
  (4) Members are appointed for staggered terms so that the terms of half of the members expire on December 31st of each year. Regardless of the term limit, a member serves until the member's replacement has been appointed. This ensures sufficient, appropriate representation.
    (A) If a vacancy occurs, the HHSC Executive Commissioner appoints a person to serve the unexpired portion of that term.
    (B) Except as may be necessary to stagger terms, the term of each member is two years. A member may apply and be appointed for a second two-year term, which may be served consecutively or nonconsecutively.
    (C) This section does not apply to non-voting ex officio members, who serve at the pleasure of the HHSC Executive Commissioner.
(g) Officers. The committee selects from its members the presiding officer and an assistant presiding officer.
  (1) The presiding officer serves until July 1st of each even-numbered year. The assistant presiding officer serves until July 1 of each odd-numbered year.
  (2) A member may serve up to two consecutive terms as presiding officer or assistant presiding officer.
  (3) A member whose term has expired is not eligible to serve in the officer role of chair or vice chair once another person has been appointed to fill the member's position on the committee.
(h) Required Training. Each member must complete training on relevant statutes and rules, including this section; §351.801 of this subchapter; Texas Government Code §531.012; Texas Government Code Chapters 551, 552, and 2110; the HHS Ethics Policy, and other relevant HHS policies. Training will be provided by HHSC.
(i) Travel Reimbursement. Unless permitted by the current General Appropriations Act, members of the committee are not paid to participate in the committee nor reimbursed for travel to and from meetings.
(j) Date of abolition. The committee is abolished and this section expires on December 31, 2025.

Source Note: The provisions of this §351.823 adopted to be effective July 1, 2016, 41 TexReg 4432; amended to be effective February 25, 2019, 44 TexReg 807; amended to be effective January 27, 2020, 45 TexReg 523; amended to be effective October 6, 2021, 46 TexReg 6533; amended to be effective November 8, 2023, 48 TexReg 6465