Sec. 98.106.  DEPARTMENTAL SUMMARY.  (a)  The department shall compile and make available to the public a summary, by health care facility, of:
(1)  the infections reported by facilities under Section 98.103, including whether the infections resulted in the death of the patient while hospitalized; and
(2)  the preventable adverse events reported by facilities under Section 98.1045.
(b)  Information included in the departmental summary with respect to infections reported by facilities under Section 98.103 must be risk adjusted and include a comparison of the risk-adjusted infection rates for each health care facility in this state that is required to submit a report under Section 98.103.
(c)  The department shall publish the departmental summary in a format that is easy to read.
(d)  The department shall publish the departmental summary at least annually and may publish the summary more frequently as the department considers appropriate.  Data made available to the public must include aggregate data covering a period of at least a full calendar quarter.
(e)  The executive commissioner by rule shall allow a health care facility to submit concise written comments regarding information contained in the departmental summary that relates to the facility.  The department shall attach the facility's comments to the public report and the comments must be in the same format as the summary.
(f)  The disclosure of written comments to the department by a health care facility as provided by Subsection (e) does not constitute a waiver of a privilege or protection under Section 98.109.
(g)  The department shall make the departmental summary available on an Internet website administered by the department and may make the summary available through other formats accessible to the public.  The website must contain a statement informing the public of the option to report suspected health care-associated infections and preventable adverse events to the department.
Added by Acts 2007, 80th Leg., R.S., Ch. 359 (S.B. 288), Sec. 1, eff. June 15, 2007.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 724 (S.B. 203), Sec. 2(g), eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 6.07, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1072 (H.B. 3285), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.09(f), eff. September 1, 2015.