Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009 Page: 5,468
5445-5614 p. ; 28 cm.View a full description of this periodical.
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(A) - (F) (No change.)
(G) a physician peer review organization; [or]
(H) a birthing center; or [.]
(I) a clinical or medical laboratory.
(11) - (13) (No change.)
(14) Surveillance--The systematic collection, analysis, in-
terpretation, and dissemination of health data on an ongoing basis.
(A) Active surveillance--program staff regularly con-
tact or visit data sources, or use remote electronic access, to find and
collect data on cases.
(B) (No change.)
(15) (No change.)
37.304. Confidentiality of Information Provided to the Department.
(a) (No change.)
(b) The department may release demographic, medical, epi-
demiological, or toxicological information:
(1) (No change.)
[L2) to the case management program of the department
for guidance in applying for financial or medical assistance available
through existing tat and fdral ... i apprograms, priate;
(2) [(3)] with the consent of each person identified in the
information or, if the person is unable to consent or is a minor, the
minor's parents, managing conservator, guardian, or other person who
is legally authorized to consent;
(3) [(4)] to medical personnel, appropriate state agencies,
health authorities, regional directors, and public officers of counties and
municipalities relating to the identification, monitoring, and referral of
children with birth defects;
(4) [-5)] to appropriate federal agencies such as the Centers
for Disease Control and Prevention of the United States Public Health
Service;
(5) [(6)] to medical personnel to the extent necessary to
protect the health or life of the child identified in the information; or
(6) [(-7)] to medical researchers conducting bona fide med-
ical research under the conditions described in 37.306 of this title (re-
lating to Access to Information in the Central Registry), and Health and
Safety Code, 87.063.
37.305. Surveillance of Birth Defects: Central Registry.
(a) - (c) (No change.)
(d) Interaction between department staff and health facility
staff [at facilities] is detailed below:
(1) The chief operating officer, administrator, manager, di-
rector, and/or person in charge of each facility or office or center shall
appoint one staff member as the contact person for the central registry
surveillance activities. That staff member will coordinate scheduled
visits and/or remote electronic access by central registry staff to re-
view logs, discharge indices and other case-finding sources, and will
be responsible for arranging visits and/or remote electronic access for
medical records review [visits] and providing the needed records at the
time [of the] scheduled [visit].
(2) (No change.)
(3) Central registry staff and the contact individual shall
establish a general schedule of visits and/or remote electronic accessfor case-finding and record review [visits]. This schedule shall take
into account the capabilities of the health care facility in responding to
requests, as well as the expected needs of the central registry workload.
(e) (No change.)
37.306. Access to Information in the Central Registry.
(a) (No change.)
(b) After the program manager receives the completed request
for information, the protocol will be reviewed by a program review
panel. The panel shall consist of the program manager, the unit man-
ager, and a departmental epidemiologist. Upon approval by the pro-
gram panel, the protocol shall be evaluated and judged by the depart-
ment's institutional review board. Final approval of the protocol shall
require the approval of both the program panel and the institutional re-
view board and shall be based on an evaluation of the criteria listed
in subsection (c) of this section. The department's institutional review
board shall evaluate the research based on federal regulations found in
Title 45, Code of Federal Regulations, Chapter 46.
(c) - (i) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on July 30, 2009.
TRD-200903219
Lisa Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: September 13, 2009
For further information, please call: (512) 458-7111 x6972
CHAPTER 61. CHRONIC DISEASES
The Executive Commissioner of the Health and Human Services
Commission, on behalf of the Department of State Health Ser-
vices (department), proposes the repeal of 61.1 - 61.4, 61.6 -
61.9, 61.13, and 61.14, and new 61.1 - 61.11 concerning Kid-
ney Health Care (KHC).
BACKGROUND AND PURPOSE
The program for KHC serves Texas residents with end-stage
renal disease (ERSD) diagnosis, who are not Medicaid eligi-
ble. The program contracts with providers to deliver covered
services, including Medicare Part D premiums, deductibles, and
co-insurance, travel reimbursement for ESRD related services,
and allowable dialysis and access surgery benefits.
The proposed repeals and new rules strengthen eligibility
requirements for benefits, reorganize and update information,
delete and revise language, and make grammatical corrections
to improve flow, accuracy, and clarity.
Government Code, 2001.039, requires that each state agency
review and consider for re-adoption each rule adopted by that
agency pursuant to the Government Code, Chapter 2001 (Ad-
ministrative Procedure Act). Sections 61.1 - 61.4, 61.6 - 61.9,
61.13, and 61.14 have been reviewed, and the department has
determined that reasons for adopting the sections continue to
exist because rules on this subject are needed.
SECTION-BY-SECTION SUMMARY34 TexReg 5468 August 14, 2009
Texas Register
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Texas. Secretary of State. Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009, periodical, August 14, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90865/m1/23/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.