| (a) Statutory authority. The e-Health Advisory Committee
(committee) is established under Texas Government Code §531.012
and is subject to §351.801 of this division (relating to Authority
and General Provisions).
(b) Purpose. The committee advises the Texas Health
and Human Services Commission (HHSC) Executive Commissioner and Health
and Human Services system agencies (HHS agencies) on strategic planning,
policy, rules, and services related to the use of health information
technology, health information exchange systems, telemedicine, telehealth,
and home telemonitoring services.
(c) Tasks. The committee:
(1) advises HHS agencies on the development, implementation,
and long-range plans for health care information technology and health
information exchange, including the use of electronic health records,
computerized clinical support systems, health information exchange
systems for exchanging clinical and other types of health information,
and other methods of incorporating health information technology in
pursuit of greater cost-effectiveness and better patient outcomes
in health care and population health;
(2) advises HHS agencies on incentives for increasing
health care provider adoption and usage of an electronic health record
and health information exchange systems;
(3) advises HHS agencies on the development, use, and
long-range plans for telemedicine, telehealth, and home telemonitoring
services, including consultations, reimbursements, and new benefits
for inclusion in Medicaid telemedicine, telehealth, and home telemonitoring
programs;
(4) makes recommendations to HHS agencies through regularly
scheduled meetings and verbal or written recommendations communicated
to HHSC staff assigned to the committee;
(5) performs other tasks consistent with its purpose
as requested by the Executive Commissioner; and
(6) adopts bylaws to guide the operation of the committee.
(d) Reporting Requirements.
(1) No later than December 1 of each even-numbered
year, the committee files a written report with the HHSC Executive
Commissioner and the Texas Legislature covering the meetings and activities
not covered in its most recent report filed with the HHSC Executive
Commissioner and Texas Legislature through September 30 of the even-numbered
year the report is due to be filed. The report includes:
(A) a list of the meeting dates;
(B) the members' attendance records;
(C) a brief description of actions taken by the committee;
(D) a description of how the committee accomplished
its tasks;
(E) a summary of the status of any rules that the committee
recommended to HHSC;
(F) a description of activities the committee anticipates
undertaking in the next fiscal year;
(G) recommended amendments to this section;
(H) any policy recommendations; and
(I) the costs related to the committee, including the
cost of HHSC staff time spent supporting the committee's activities
and the source of funds used to support the committee's activities.
(2) No later than December 1 of each odd-numbered year,
the committee submits to the HHSC Executive Commissioner an informational
briefing memorandum describing the committee's costs, accomplishments,
and areas of focus that covers October 1 of the preceding year through
September 30 of the odd-numbered year the informational briefing memorandum
is due to be filed.
(e) Meetings.
(1) Open meetings. The committee complies with the
requirements for open meetings under Texas Government Code Chapter
551, as if it were a governmental body.
(2) Frequency. The committee will meet at least three
times a year at the call of the presiding officer.
(3) Quorum. A majority of members constitutes a quorum.
(f) Membership.
(1) The committee is composed of no more than 24 members
appointed by the HHSC Executive Commissioner. In selecting members
to serve on the committee, HHSC considers the applicants' qualifications,
background, and interest in serving.
(2) The committee includes representatives of HHS agencies,
other state agencies, and other health and human services stakeholders
concerned with the use of health information technology, health information
exchange systems, telemedicine, telehealth, and home telemonitoring
services. The committee comprises the following voting and non-voting
ex officio members:
(A) Voting members representing the following categories:
(i) at least one representative from the Texas Medical
Board;
(ii) at least one representative from the Texas Board
of Nursing;
(iii) at least one representative from the Texas State
Board of Pharmacy;
(iv) at least one representative from the Statewide
Health Coordinating Council;
(v) at least one representative of a managed care organization;
(vi) at least one representative of the pharmaceutical
industry;
(vii) at least one representative of a health science
center in Texas;
(viii) at least one expert on telemedicine;
(ix) at least one expert on home telemonitoring services;
(x) at least one representative of consumers of health
services provided through telemedicine;
(xi) at least one Medicaid provider or child health
plan program provider;
(xii) at least one representative from the Texas Health
Services Authority established under Texas Health and Safety Code
Chapter 182;
(xiii) at least one representative of a local or regional
health information exchange; and
(xiv) at least one representative with expertise related
to the implementation of electronic health records, computerized clinical
support systems, and health information exchange systems for exchanging
clinical and other types of health information.
(B) Non-voting ex officio members representing the
following categories:
(i) at least two non-voting ex officio representatives
from HHSC; and
(ii) at least one non-voting ex officio representative
from the Texas Department of State Health Services.
(3) When appointing members, the HHSC Executive Commissioner
considers the cultural, ethnic, and geographic diversity of Texas,
including representation from at least 6 of the 11 Public Health Regions
as defined by the Texas Department of State Health Services in accordance
with Texas Health and Safety Code §121.007.
(4) Members are appointed for staggered terms so that
the terms of half of the members expire on December 31st of each year.
Regardless of the term limit, a member serves until the member's replacement
has been appointed. This ensures sufficient, appropriate representation.
(A) If a vacancy occurs, the HHSC Executive Commissioner
appoints a person to serve the unexpired portion of that term.
(B) Except as may be necessary to stagger terms, the
term of each member is two years. A member may apply and be appointed
for a second two-year term, which may be served consecutively or nonconsecutively.
(C) This section does not apply to non-voting ex officio
members, who serve at the pleasure of the HHSC Executive Commissioner.
(g) Officers. The committee selects from its members
the presiding officer and an assistant presiding officer.
(1) The presiding officer serves until July 1st of
each even-numbered year. The assistant presiding officer serves until
July 1 of each odd-numbered year.
(2) A member may serve up to two consecutive terms
as presiding officer or assistant presiding officer.
(3) A member whose term has expired is not eligible
to serve in the officer role of chair or vice chair once another person
has been appointed to fill the member's position on the committee.
(h) Required Training. Each member must complete training
on relevant statutes and rules, including this section; §351.801
of this subchapter; Texas Government Code §531.012; Texas Government
Code Chapters 551, 552, and 2110; the HHS Ethics Policy, and other
relevant HHS policies. Training will be provided by HHSC.
(i) Travel Reimbursement. Unless permitted by the current
General Appropriations Act, members of the committee are not paid
to participate in the committee nor reimbursed for travel to and from
meetings.
(j) Date of abolition. The committee is abolished and
this section expires on December 31, 2025.
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| Source Note: The provisions of this §351.823 adopted to be effective July 1, 2016, 41 TexReg 4432; amended to be effective February 25, 2019, 44 TexReg 807; amended to be effective January 27, 2020, 45 TexReg 523; amended to be effective October 6, 2021, 46 TexReg 6533; amended to be effective November 8, 2023, 48 TexReg 6465 |
