| (a) Statutory authority. The e-Health Advisory Committee
is established under Texas Government Code §531.012 and is subject
to §351.801 of this subchapter (relating to Authority and General
Provisions).
(b) Purpose. The committee advises the 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 Texas Health and Human Services Commission (HHSC) staff assigned
to the committee; and
(5) performs other tasks consistent with its purpose
as requested by the Executive Commissioner.
(d) Reporting Requirements.
(1) No later than December 1 of each even-numbered
year, the committee files a written report with the Executive Commissioner
and the Texas Legislature covering the meetings and activities not
covered in its most recent report filed with the 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 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) Open meetings. The committee complies with the
requirements for open meetings under Texas Government Code Chapter
551.
(f) Membership. The committee is composed of no more
than 24 members appointed by the Executive Commissioner.
(1) 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, including:
(A) at least two non-voting ex officio representatives
from HHSC;
(B) at least one non-voting ex officio representative
from the Texas Department of State Health Services;
(C) at least one representative from the Texas Medical
Board;
(D) at least one representative from the Texas Board
of Nursing;
(E) at least one representative from the Texas State
Board of Pharmacy;
(F) at least one representative from the Statewide
Health Coordinating Council;
(G) at least one representative of a managed care organization;
(H) at least one representative of the pharmaceutical
industry;
(I) at least one representative of a health science
center in Texas;
(J) at least one expert on telemedicine;
(K) at least one expert on home telemonitoring services;
(L) at least one representative of consumers of health
services provided through telemedicine;
(M) at least one Medicaid provider or child health
plan program provider;
(N) at least one representative from the Texas Health
Services Authority established under Texas Health and Safety Code
Chapter 182;
(O) at least one representative of a local or regional
health information exchange; and
(P) 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.
(2) When appointing members, the Executive Commissioner
will consider the cultural, ethnic, and geographic diversity of Texas,
including representation from at least 6 of the 11 Texas Health Service
Regions as defined by the Texas Department of State Health Services
in accordance with Texas Health and Safety Code §121.007 (www.dshs.state.tx.us/regions/state.shtm).
(3) Except as may be necessary to stagger terms, the
term of office of each member is two years. Individuals will normally
serve one term. An individual may apply and be appointed for a second
two-year term, which may be served consecutively or nonconsecutively.
(A) Members are appointed for staggered terms so that
the terms of half of the members expire on December 31st of each year.
(B) If a vacancy occurs, a person is appointed to serve
the unexpired portion of that term.
(C) This paragraph does not apply to ex officio members,
who serve at the pleasure of the 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 serves no more than two consecutive terms
as presiding officer or assistant presiding officer.
(h) Required Training. Each member shall complete all
training on relevant statutes and rules, including this section and §351.801
of this subchapter and Texas Government Code §531.012, and Chapters
551 and 2110. Training will be provided by HHSC.
(i) Date of abolition. The committee is abolished,
and this section expires, on December 31, 2023.
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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 |
