25 TAC §1301.11, §1301.18
The Texas Health Care Information Council (Council) proposes
amendments to §1301.11 relating to definitions and §1301.18 relating
to hospital discharge data release. The proposed amendment to §1301.11
changes the definition of "Provider Quality Data" to clarify that the public
use data reports may be created from the public use data files or from other
data resources. Proposed new §1301.18(m) establishes that the Council
will allow access to electronic or paper copes to each hospital named in provider
quality reports and will mask the identities of other hospitals. The proposed
amendment also provides guidelines for hospitals to comment on provider quality
reports created by the Council.
Jim Loyd, Executive Director, has determined that for the first five-year
period that the proposed sections are in effect, there will be the following
anticipated costs of $24,864 to $679,199 to the State which may require an
exceptional item request to the Legislative Budget Board or request for additional
personnel in regards to the implementation of the amended sections: This estimate
includes the following: 1) a one-time programming cost of $1,000 to create
the secure website pages and the forms to be used by hospitals to submit their
comments, 2) recurring costs of $500 for website maintenance, 3) $21,811 to
$654,335. This is based on an estimate of four to ten provider quality reports
each year. Each report will cost in the range of $893 to $10,718. Thus, costs
for the first year are $3,573 to $107,178. {This is based on a range of 40
to 480 hours per report, times the average hourly salary ($22.33) of the Director,
Health Information, the Systems Analyst and the Epidemiologist of the Council's
staff develop, draft, analyze, and write the report, receive, attach and publish
the comments from the hospitals named in the provider quality reports as required
by §108.010(e), Health and Safety Code.} A ten percent increase above
the first and each subsequent year's costs is estimated for years two through
five (Second year--$4,480 to $122,376, Third year--$4,928 to $134,614, Fourth
year--$5,421 to $148,075, Fifth year--$5, 963 to $162,883).
Mr. Loyd has also determined that, for the first five-year period the proposed
sections are in effect, there, will be the following anticipated costs to
affected local governments as a result of enforcing or administering the amended
sections:
The Council estimates costs for reviewing and submitting comments regarding
the provider quality reports to be $9,678 to $24,196 ($1,585 to $3,963 for
the first year based on estimated 16 hours per report with a minimum of 4
reports and a maximum of 10 per year. Per hour staff costs are estimated at
$24.77 (using the cost of Medical and Health Services Managers (SOC 11-9111,
Average Mean Hourly Salary--Texas Workforce Commission--2000 Occupational
Employment Statistics). This assumes a ten percent increase per year: (Second
Year--$1,744 to $4,360, Third Year--$1,918 to $4,795, Fourth year--$2,110
to $5,275, Fifth year--$2,321 to $5,803)
Mr. Loyd also has determined that, for each year the of the first five
year period the rules are in effect, the costs to persons or hospitals who
are required to comply with the amended and new sections will be $9,678 to
$24,196. The Council estimates costs for reviewing the provider quality reports
to be ($1,585 to $3,963 for the first year is based on an estimated 16 hours
per report with a minimum of 4 reports and a maximum of 10 per year. Per hour
staff costs are estimated at $24.77 (using the cost of Medical and Health
Services Managers (SOC 11-9111, Average Mean Hourly Salary--Texas Workforce
Commission--2000 Occupational Employment Statistics). This assumes ten percent
increase per year: (Second Year--$1,744 to $4,360, Third Year--$1,918 to $4,795,
Fourth year--$2,110 to $5,275, Fifth year--$2,321 to $5,803)
Mr. Loyd also has determined that for each year of the first five-year
period the proposed sections are in effect, the anticipated public benefit
will be the release of unbiased provider quality reports developed by the
Council for comparative analysis of the health care provided by hospitals,
in major metropolitan areas and regions in Texas. These reports will allow
consumers of health care to review qualitative measures of similar facilities
and make decisions regarding health care services offered by those facilities.
The facility and geographic (e.g., regional, metropolitan, county and community)
focused reports will assist legislators in making decisions regarding their
constituents' health conditions or issues of interest in their districts and
the state.
Comments on the proposed sections may be submitted to Jim Loyd, Executive
Director, Texas Health Care Information Council, Two Commodore Plaza, 206
East 9th Street, Suite 19.140, Austin, Texas 78701. Comments must arrive no
later than 31 calendar days from the date that these proposed sections are
published in the
Texas Register
.
The Council will entertain requests for a public hearing until the 25th
day after the date the rules are published in the
Texas Register
.
The amendments are proposed under the Health and Safety Code, §108.006
and §108.009. The Council interprets §108.006 as authorizing it
to adopt rules necessary to carry out Chapter 108, including rules concerning
data dissemination requirements. The Council interprets §108.009 as authorizing
the Council to adopt rules regarding the collection of data from hospitals
in uniform submission formats in order for the incoming data to be substantially
valid, consistent, compatible and manageable.
The Health and Safety Code, §§108.002, 108.006, 108.009, 108.011,
108.012 and 108.013 are affected by these amendments.
§1301.11.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)-(29)
(No change.)
(30)
Provider quality data--A report or reports authored by
the Council on provider quality or outcomes of care, as defined in Chapter
108 of Health and Safety Code, created from
the public use
data
file created
[
collected
] by the Council or
data
obtained from other sources.
(31)-(47)
(No change.)
§1301.18.Hospital Discharge Data Release.
(a)-(l)
(No change.)
(m)
Provider Quality Reports.
(1)
The Council shall provide access to a paper copy or an
electronic copy of the report to each hospital named in the report. In providing
a copy of the report to each named hospital the Council shall mask the identities
of the other hospitals in the report.
(2)
The hospitals may submit comments regarding the provider
quality report to the Council.
(A)
Any comments must be submitted within 28 calendar days
after notification is sent from the Council.
(B)
Comments shall be submitted on a form created by the Council.
(C)
Comments shall be returned to the Council in an electronic
format specified by the Council.
(D)
Comments received by the Council shall be posted on the
Council's Internet website and with each release of the provider quality reports.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State, on July 30, 2001.
TRD-200104384
Jim Loyd
Executive Director
Texas Health Care Information Council
Earliest possible date of adoption: September 9, 2001
For further information, please call: (512) 482-3312