(a) The commission shall develop an electronic health information exchange system to improve the quality, safety, and efficiency of health care services provided under the child health plan program and Medicaid. In developing the system, the commission shall ensure that:
(1) the confidentiality of patients’ health information is protected and the privacy of those patients is maintained in accordance with applicable federal and state law, including:
(A) Section 1902(a)(7), Social Security Act (42 U.S.C. § 1396a(a)(7));
(B) the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191);
(C) Chapter 552;
(D) Subchapter G, Chapter 241, Health and Safety Code;
(E) § 12.003, Human Resources Code; and
(F) federal and state rules and regulations, including:
(i) 42 C.F.R. Part 431, Subpart F; and
(ii) 45 C.F.R. Part 164;
(2) appropriate information technology systems used by the commission and health and human services agencies are interoperable;
(3) the system and external information technology systems are interoperable in receiving and exchanging appropriate electronic health information as necessary to enhance:
(A) the comprehensive nature of the information contained in electronic health records; and
(B) health care provider efficiency by supporting integration of the information into the electronic health record used by health care providers;
(4) the system and other health information systems not described by Subdivision (3) and data warehousing initiatives are interoperable; and
(5) the system has the elements described by Subsection (b).
(b) The health information exchange system must include the following elements:
(1) an authentication process that uses multiple forms of identity verification before allowing access to information systems and data;
(2) a formal process for establishing data-sharing agreements within the community of participating providers in accordance with the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) and the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5);
(3) a method by which the commission may open or restrict access to the system during a declared state emergency;
(4) the capability of appropriately and securely sharing health information with state and federal emergency responders;
(5) compatibility with the Nationwide Health Information Network (NHIN) and other national health information technology initiatives coordinated by the Office of the National Coordinator for Health Information Technology;
(6) technology that allows for patient identification across multiple systems; and
(7) the capability of allowing a health care provider to access the system if the provider has technology that meets current national standards.

(c) The commission shall implement the health information exchange system in stages as described by this chapter, except that the commission may deviate from those stages if technological advances make a deviation advisable or more efficient.
(d) The health information exchange system must be developed in accordance with the Medicaid Information Technology Architecture (MITA) initiative of the Center for Medicaid and State Operations and conform to other standards required under federal law.

Text of section effective until April 01, 2025