Texas: Senate Bill Would Allow Medical Profession To Collect Data By Swiping Driver’s Licenses Starting Sept. 1/13

Update:

This Bill will give Texas Health care providers (defined as including a physician, nurse, dentist,podiatrist, pharmacist, chiropractor, therapeutic optometrist, nursing home, ambulatory surgical center,and emergency services personnel) the ability to use a patient's driver's licence to collect or verify their information, by simply swiping their driver's licence.  Texas Senate Bill No. 166 is awaiting the governor’s signature before it becomes law.  It will become effective on September 1, 2013. The Texas Medical Association (TMA) donated more than $1.3 million dollars to Texas State candidates in 2011 & 2012 and, as a result, the Senate was more than willing to accommodate their financial contributors. The same Senate, for the same reasons, will also pass Senate Bills No. 644 & 1216 into law - these two Bills will standardize the preauthorization forms required for prescription drugs and health services for TMA. This legislation is part of an effort to enhance electronic records.
This Bill will give Texas Health care providers (defined as including a physician, nurse, dentist,podiatrist, pharmacist, chiropractor, therapeutic optometrist, nursing home, ambulatory surgical center,and emergency services personnel)
the ability to use a patient’s driver’s licence to collect or verify their information, by simply swiping their driver’s licence. Texas Senate Bill No. 166 is awaiting the governor’s signature before it becomes law. It will become effective on September 1, 2013. The Texas Medical Association (TMA) donated more than $1.3 million dollars to Texas State candidates in 2011 & 2012 and, as a result, the Senate was more than willing to accommodate their financial contributors. The same Senate, for the same reasons, will also pass Senate Bills No. 644 & 1216 into law – these two Bills will standardize the preauthorization forms required for prescription drugs and health services for TMA.

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Health care providers in Texas could soon collect or verify patient information by swiping that patient’s driver’s license.

The measure allowing such data collection is one of a handful that the Texas Medical Association is pushing this legislative session to help modernize medical practices. The association is also backing bills that would standardize preauthorization forms used by health plans for prescription drugs and health care services.

“A lot of these things are easy fixes,” said Dr. Michael Speer, president of the Texas Medical Association. “It’s just a matter of getting enough people to come together and agree that it’s the right fix.” (The Texas Medical Association is a corporate sponsor of The Texas Tribune.)

The association, which represents more than 47,000 physicians and medical students, asserts that time and money are wasted on bureaucracy, and that each physician spends nearly $83,000 a year on administrative costs. It donated more than $1.3 million to state candidates in 2011 and 2012.

Medical practitioners must follow myriad procedures for billing private and public health plans. Many hire additional staff members to handle the paperwork, and simple errors can obstruct payment.

“It’s an extremely inefficient business model,” said Dr. Bernard Swift Jr., chief executive of Texas MedClinic, a network of urgent-care facilities.

Dr. Swift said Senate Bill 166, which is awaiting the governor’s signature, would eliminate repetitive paperwork by allowing licensed health care providers to collect accurate patient information from a driver’s license. Now, only hospitals in Texas are authorized to do so.

Senate Bills 644 and 1216, which have been approved by the Senate and referred to a House committee, would standardize the preauthorization forms required for prescription drugs and health services.

If health plans used the same or similar forms, it “could make a dramatic difference in the amount of manpower hours” spent on paperwork, said Representative John Zerwas, a Republican from Simonton. Dr. Zerwas, who is also an anesthesiologist, sponsored S.B. 644.

Although insurance industry representatives originally opposed the preauthorization form bills, they support the revised versions of the legislation that would set up expert advisory councils at the Texas Department of Insurance to ensure that the state’s standardized forms match federal standards and allow for electronic transmission of the records.

“Let the experts determine form and format,” said David Gonzales, executive director of the Texas Association of Health Plans. In health care, “standards at the national level are the preference. You don’t want 50 different state approaches.” (The Texas Association of Health Plans is a corporate sponsor of The Tribune.)

As physicians adapt their practices to the digital era, collecting accurate patient data — like that from a driver’s license — will help improve payment systems, ensure patient safety and prevent insurance fraud, said Nora Belcher, executive director of the Texas e-Health Alliance, an association of health technology stakeholders.

“What’s really best for the patient is complete data at the point of care,” Ms. Belcher said.

 

Texas – Senate Bill 166 (S.B. No. 166)

Texas S.B. No. 166 Introduced January 9, 2013, Passed Senate March 13, 2013, Passed House May 2, 2013

By: Deuell, Schwertner S.B. No. 166

A BILL TO BE ENTITLED

AN ACT
relating to the use by certain health care providers of
electronically readable information from a driver’s license or
personal identification certificate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.126, Transportation Code, is amended
by amending Subsections (i), (j), and (k) and adding Subsection (l)
to read as follows:
(i) The prohibition provided by Subsection (b) does not
apply to a health care provider or hospital that accesses, uses,
compiles, or maintains a database of the information to provide
health care services to the individual who holds the driver’s
license, commercial driver’s license, or personal identification
certificate.
(j) Except as otherwise provided by this subsection, a
health care provider or hospital may not sell, transfer, or
otherwise disseminate the information described by Subsection (i)
to a third party for any purpose, including any marketing,
advertising, or promotional activities. A health care provider or
hospital that obtains information described by Subsection (i) may
transfer the information only in accordance with the rules
implementing the federal Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191). A business
associate, and any subcontractor of the business associate who
receives the transferred information, may use the information only
to service or maintain the health care provider’s or hospital’s
database of the information.
(k) If an individual objects to the health care provider or
hospital collecting the individual’s information from the
individual’s driver’s license as described by Subsection (i), the
health care provider or hospital must use an alternative method for
collecting the individual’s information.
(l) In this section, “health care provider” means an
individual or facility licensed, certified, or otherwise
authorized by the law of this state to provide or administer health
care, for profit or otherwise, in the ordinary course of business or
professional practice, including a physician, nurse, dentist,
podiatrist, pharmacist, chiropractor, therapeutic optometrist,
ambulatory surgical center, and nursing home, and emergency medical
services personnel as defined by Section 773.003, Health and Safety
Code.
SECTION 2. This Act takes effect September 1, 2013.

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