25 TAC §§571.11 - 571.13
The Statewide Health Coordinating Council (council) proposes
new §§571.11 - 571.13, relating to the composition, procedures and
staffing of the Health Information Technology Advisory Committee (committee).
Senate Bill 45 (SB 45), 79th Texas Legislature, 2005, enacted Health and
Safety Code, §104.0156, establishing the committee to report to the council.
Government Code, Chapter 2110, State Agency Advisory Committees, requires
a state agency that is advised by an advisory committee to adopt rules relating
to the purpose and tasks of the committee and the method by which the committee
will report to the agency. Health and Safety Code, §104.0156, states
that Chapter 2110 applies to the committee except for the provisions on the
committee's size, composition and duration. The proposed sections implement
Chapter 2110, with the exceptions of §2110.002, Composition of Advisory
Committees, and §2110.008, Duration of Advisory Committees.
The proposed sections establish committee objectives (tasks and purposes),
constitution, and procedures for reporting to the council. The council elects
to put the committee size into rule form. The committee size is required to
determine whether a quorum of committee members is present to deliberate topics
in accordance with Government Code, Chapter 551 (Open Meetings Act).
Connie Turney, Project Director, has determined that for each year of the
first five-year period that the proposed sections are in effect, there are
no anticipated additional costs to state government in regards to the implementation
of the proposed sections. There is no fiscal impact on local government.
Ms. Turney has also determined that for each year of the first five years
the sections will be in effect, the public benefit anticipated as a result
of enforcing the proposed sections will be the opportunity for better understanding
of the purposes and tasks of the committee and the manner in which the committee
reports to the council. Additionally, for the same period of time, Ms. Turney
has determined that there should be no additional economic costs to persons
required to comply with the sections as proposed.
There is no anticipated effect on small businesses or micro-businesses
required to comply with the proposed sections. This was determined since the
rules only affect the operation of the committee and the small businesses
and micro-businesses will not be required to alter their business practices.
There is no anticipated negative impact on local employment.
Comments on the proposed new sections may be submitted to Connie Turney,
Project Director, Texas Statewide Health Coordinating Council, 1100 West 49th
Street, Room M-660, Austin, Texas 78756-3199 no later than 30 days from the
date that the proposed rules are published in the
Texas Register
.
The proposed new sections are authorized by the Health and Safety
Code, §104.012, which authorizes the council to adopt rules governing
the development and implementation of the state health plan, which includes
issues relating to information technology; and Government Code, Chapter 2110,
which requires a state agency to adopt rules relating to the agency's advisory
committees.
The proposed sections affect Health and Safety Code, Chapter 104; and Government
Code, Chapters 551 and 2110.
§571.11.Definitions.
The following words and terms, when used in this chapter, have the
following meanings, unless the context clearly indicates otherwise.
(1)
Committee--The Health Information Technology Advisory Committee,
established by Senate Bill 45 (SB 45), 79th Texas Legislature.
(2)
Committee Chair--The presiding officer elected by the committee
members.
(3)
Council--Statewide Health Coordinating Council.
(4)
Council Chair--The presiding officer of the Statewide Health
Coordinating Council.
(5)
Personal or private interest--The committee member has
a direct pecuniary (financial) interest in the matter. The term does not include
the committee member's engagement in a profession, trade, or occupation when
the member's interest is the same as all others similarly engaged in the profession,
trade, or occupation.
(6)
Presiding officer--The highest-ranking officer elected
by the committee or the temporary chair appointed by the council chair.
§571.12.Objectives.
The purpose of the committee is to serve as an advisory committee to
the council. The committee shall:
(1)
develop a long-range plan for health care information technology.
The plan shall include the following topics:
(A)
use of electronic medical records and electronic health
records;
(B)
computerized clinical support systems;
(C)
computerized physician order entry;
(D)
regional data sharing interchanges for health care information;
(E)
other methods of incorporating information technology in
pursuit of greater cost-effectiveness;
(F)
better patient outcomes in health care;
(2)
study the effect of health care information technology
on price disparities in insurance coverage for residents of this state and
submit a report to the council; and
(3)
submit a written report in December of each year to the
council, or as specified by the council. The annual report shall include:
(A)
a list of meeting dates of the committee and any subcommittees;
(B)
the attendance records of its members;
(C)
a brief description of actions;
(D)
a description of how the committee has accomplished the
tasks given to the committee;
(E)
anticipated activities of the committee for the next year;
and
(F)
the signature of the committee chair.
§571.13.Committee Constitution.
(a)
The council shall appoint the committee members.
(b)
The committee shall be composed of 11 members.
(c)
Officers. The committee shall elect a presiding officer,
the "committee chair". The committee shall elect a "vice-chair" and "secretary".
(1)
The committee chair will preside at all committee meetings.
If the committee chair is absent, the meeting may be presided over by the
vice-chair. If both committee chair and vice-chair are absent, the secretary
shall be the presiding officer.
(2)
The presiding officer shall call meetings to order, appoint
subcommittees of the committee as necessary, and generate reports as required
by Health and Safety Code, Chapter 104.
(3)
The committee chair may serve as ex-officio members of
any subcommittee of the committee.
(d)
A committee member who has a personal or private interest
in a matter pending before the committee shall publicly disclose the fact
in a committee meeting and shall recuse them self from the vote.
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 January 30, 2006.
TRD-200600478
Ben G. Raimer, M.D.
Chairman
Statewide Health Coordinating Council
Earliest possible date of adoption: March 12, 2006
For further information, please call: (512) 458-7111 x6972