Title HS, Health and Safety Code

Sec. 107A.002. POWERS OF CENTER. The center may: (1) provide a central information and referral source, including a clearinghouse for health disparities information, and serve as the primary state resource in coordinating, planning, and advocating access to health care services t…

Sec. 107A.003. FUNDING. The commission may distribute to the center unobligated and unexpended appropriations to be used to carry out its powers. Redesignated from Health and Safety Code, Subchapter G, Chapter 12 and amended by Acts 2007, 80th Leg., R.S., Ch. 222 (H.B. 1396), Sec…

Sec. 108.001. DEPARTMENT DUTIES. The department shall administer this chapter and report to the governor, the legislature, and the public. Added by Acts 1995, 74th Leg., ch. 726, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0355, ef…

Sec. 108.002. DEFINITIONS. In this chapter: (1) "Accurate and consistent data" means data that has been edited by the department and subject to provider validation and certification. (3) "Certification" means the process by which a provider confirms the accuracy and completeness …

Sec. 108.006. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT. (a) The department shall develop a statewide health care data collection system to collect health care charges, utilization data, provider quality data, and outcome data to facilitate the promotion and acce…

Sec. 108.0065. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT RELATING TO MEDICAID MANAGED CARE. (a) In this section, "Medicaid managed care organization" means a managed care organization, as defined by Section 540.0001, Government Code, that is contracting with the commission t…

Sec. 108.007. REVIEW POWERS. (a) The department, subject to reasonable rules and guidelines, may: (1) inspect documents and records used by data sources that are required to compile data and reports; and (2) compel providers to produce accurate documents and records. (b) The depa…

Sec. 108.0085. DUTIES OF ATTORNEY GENERAL. The attorney general shall furnish the department with advice and legal assistance that may be required to implement this chapter. Added by Acts 1997, 75th Leg., ch. 261, Sec. 8, eff. Sept. 1, 1997. Amended by: Acts 2015, 84th Leg., R.S.…

Sec. 108.009. DATA SUBMISSION AND COLLECTION. (a) The department may collect, and, except as provided by Subsection (d), providers shall submit to the department or another entity as determined by the department, all data required by this section. The data shall be collected acco…

Sec. 108.0095. NOTIFICATION OF DATA COLLECTION. (a) A provider shall provide to a patient whose data is being collected under this chapter written notice on a form prescribed by the department of the collection of the patient's data for health care purposes. (b) The notice provid…

Sec. 108.010. COLLECTION AND DISSEMINATION OF PROVIDER QUALITY DATA. (a) Subject to Section 108.009, the department shall collect data reflecting provider quality based on a methodology and review process established through the executive commissioner's rulemaking process. The me…

Sec. 108.011. DISSEMINATION OF PUBLIC USE DATA AND DEPARTMENT PUBLICATIONS. (a) The department shall promptly provide public use data and data collected in accordance with Section 108.009(o) to those requesting it. The public use data does not include provider quality data prescr…

Sec. 108.012. COMPUTER ACCESS TO DATA. (a) The department shall provide a means for computer-to-computer access to the public use data. All reports shall maintain patient confidentiality as provided by Section 108.013. (b) The department may charge a person requesting public use …

Sec. 108.013. CONFIDENTIALITY AND GENERAL ACCESS TO DATA. (a) The data received by the department under this chapter shall be used by the department and commission only for the benefit of the public. Subject to specific limitations established by this chapter and department rule,…

Sec. 108.0131. LIST OF PURCHASERS OR RECIPIENTS OF DATA. The department shall post on the department's Internet website a list of each entity that purchases or receives data collected under this chapter. Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 7.06, eff. Sep…

Sec. 108.0132. PROHIBITED CHARGE TO CERTAIN STATE AGENCIES FOR DATA. The department may not charge a fee to the commission or any other health and human services agency for the use of any data collected under this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 344 (H.B. 764), …

Sec. 108.0135. INSTITUTIONAL REVIEW BOARD. (a) The department shall establish an institutional review board to review and approve requests for access to data not contained in public use data. The members of the institutional review board must have experience and expertise in ethi…

Sec. 108.0136. REPORT; NOTIFICATION OF CYBER ATTACK. (a) The department shall prepare for the commissioner an annual report describing the security measures taken to protect data collected under this chapter and any breaches, attempted cyber attacks, and security issues related t…

Sec. 108.014. CIVIL PENALTY. (a) A person who knowingly or negligently releases data in violation of this chapter is liable for a civil penalty of not more than $10,000. (b) A person who fails to supply available data under Sections 108.009 and 108.010 is liable for a civil penal…

Sec. 108.0141. CRIMINAL PENALTY. (a) A person who knowingly accesses data in violation of this chapter or who with criminal negligence releases data in violation of this chapter commits an offense. (b) An offense under this section is a state jail felony. Added by Acts 1997, 75th…

Sec. 108.015. CONFLICT OF INTEREST. The department may not accept a donation from a person required to provide data under this chapter or from a person or business entity who provides goods or services to the department for compensation. Added by Acts 1995, 74th Leg., ch. 726, Se…

Sec. 108.016. SUNSET REVIEW. Unless the department is continued in existence in accordance with Chapter 325, Government Code (Texas Sunset Act), after the review required by Section 1001.003, this chapter expires on the date the department is abolished under that section. Added b…

Sec. 109.001. DEFINITION. In this chapter, "council" means the Statewide Behavioral Health Coordinating Council. Added by Acts 2019, 86th Leg., R.S., Ch. 1167 (H.B. 3285), Sec. 5, eff. September 1, 2019.

Sec. 109.002. STATEWIDE BEHAVIORAL HEALTH STRATEGIC PLAN. In preparing the statewide behavioral health strategic plan, the council shall incorporate, as a separate part of that plan, strategies regarding substance abuse issues that are developed by the council in cooperation with…

Sec. 110.001. DEFINITION. In this chapter, "task force" means the task force on patient solicitation created under this chapter. Added by Acts 2025, 89th Leg., R.S., Ch. 527 (H.B. 4454), Sec. 1, eff. September 1, 2025.

Sec. 110.002. PURPOSE. The task force is established to study and make recommendations on preventing conduct that violates Chapter 164 of this code or Chapter 102, Occupations Code, and to improve enforcement of those chapters. Added by Acts 2025, 89th Leg., R.S., Ch. 527 (H.B. 4…

Sec. 110.003. MEMBERSHIP. (a) The task force is composed of eight members as follows: (1) four members the executive commissioner appoints; and (2) four members the attorney general appoints. (b) Each task force member must have expertise in the field of health care or advertisin…

Sec. 110.004. ADMINISTRATIVE ATTACHMENT. The task force is administratively attached to the commission. Added by Acts 2025, 89th Leg., R.S., Ch. 527 (H.B. 4454), Sec. 1, eff. September 1, 2025.

Sec. 110.005. ACCESS TO INFORMATION; CONFIDENTIALITY OF PROVIDED INFORMATION. The attorney general and the commission shall provide the task force with information the task force requests to allow the task force to fulfill its duties. Information provided under this section is co…

Sec. 110.006. REPORT. Not later than December 1 of each even-numbered year, the task force shall submit to the legislature a report that includes: (1) a summary of civil or criminal actions brought on behalf of the state and administrative actions by state regulatory agencies in …

Sec. 113.0001. DEFINITIONS. In this chapter: (1) "Community mental health provider" means an entity that provides mental health care services at a local level, including a local mental health authority. (2) "Consortium" means the Texas Child Mental Health Care Consortium. (3) "Ex…

Sec. 113.0051. ESTABLISHMENT; PURPOSE. The Texas Child Mental Health Care Consortium is established to: (1) leverage the expertise and capacity of the health-related institutions of higher education listed in Section 113.0052(1) to address urgent mental health challenges and impr…

Sec. 113.0052. COMPOSITION. The consortium is composed of: (1) the following health-related institutions of higher education: (A) Baylor College of Medicine; (B) Texas A&M University System Health Science Center; (C) Texas Tech University Health Sciences Center; (D) Texas Tech Un…

Sec. 113.0053. ADMINISTRATIVE ATTACHMENT. The consortium is administratively attached to the Texas Higher Education Coordinating Board for the purpose of receiving and administering appropriations and other funds under this chapter. The board is not responsible for providing to t…

Sec. 113.0101. EXECUTIVE COMMITTEE COMPOSITION. (a) The consortium is governed by an executive committee composed of the following members: (1) the chair of the academic department of psychiatry of each of the health-related institutions of higher education listed in Section 113.…

Sec. 113.0102. TERMS; VACANCY. (a) Except as provided by Subsection (b), the executive committee shall establish: (1) the terms of executive committee members; and (2) procedures for the reappointment of members. (b) An executive committee member described by Section 113.0101(a)(…

Sec. 113.0103. PRESIDING OFFICER. The executive committee shall elect a presiding officer from among the membership of the executive committee. Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 22, eff. June 6, 2019.

Sec. 113.0104. STATEWIDE BEHAVIORAL HEALTH COORDINATING COUNCIL. The consortium shall designate a member of the executive committee to represent the consortium on the statewide behavioral health coordinating council. Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 22…

Sec. 113.0105. GENERAL DUTIES. The executive committee shall: (1) coordinate the provision of funding to the health-related institutions of higher education listed in Section 113.0052(1) to carry out the purposes of this chapter; (2) establish procedures and policies for the admi…

Sec. 113.0151. CHILD PSYCHIATRY ACCESS NETWORK AND TELEMEDICINE AND TELEHEALTH PROGRAMS. (a) The consortium shall establish a network of comprehensive child psychiatry access centers. A center established under this section shall: (1) be located at a health-related institution of…

Sec. 113.0152. CONSENT REQUIRED FOR SERVICES TO MINOR. (a) A person may provide mental health care services to a child younger than 18 years of age through a program established under this subchapter only if the person obtains the written consent of the parent or legal guardian o…

Sec. 113.0153. REIMBURSEMENT FOR SERVICES. A child psychiatry access center established under Section 113.0151(a) may not submit an insurance claim or charge a pediatrician or primary care provider a fee for providing consultation services or training opportunities under this sec…

Sec. 113.0181. MENTAL HEALTH CARE ACCESS PROGRAM FOR RURAL HOSPITALS AND RURAL HEALTH CLINICS. (a) Using the network of comprehensive child psychiatry access centers established under Section 113.0151, the consortium shall establish or expand provider consultation programs to ass…

Sec. 113.0182. CONSENT REQUIRED FOR SERVICES TO MINOR. (a) A person may provide mental health care services to a child younger than 18 years of age through a program established under this subchapter only if the person obtains the written consent of the parent or legal guardian o…

Sec. 113.0201. CHILD PSYCHIATRY WORKFORCE EXPANSION. (a) The executive committee may provide funding to a health-related institution of higher education listed in Section 113.0052(1) for the purpose of funding: (1) two full-time psychiatrists who treat children and adolescents to…

Sec. 113.0202. CHILD AND ADOLESCENT PSYCHIATRY FELLOWSHIP. (a) The executive committee may provide funding to a health-related institution of higher education listed in Section 113.0052(1) for the purpose of funding a physician fellowship position that will lead to a medical spec…