Section 133.49 - Reporting Requirements(a) A hospital shall submit reports to the Texas Department of State Health Services (DSHS) in accordance with the reporting requirements in Texas Health and Safety Code (HSC) §98.103 and §98.1045.(b) A hospital that donates human fetal tissue under HSC Chapter 173 shall submit an annual report to the Texas Health and Human Services Commission (HHSC) that includes for each donation the specific type of fetal tissue donated and the accredited public or private institution of higher learning that received the donation. The hospital shall submit the annual report no later than January 31st of the subsequent year.(c) A hospital that diagnoses or treats an abortion complication, as defined in § 139.2 of this title (relating to Definitions), shall comply with § 139.5 of this title (relating to Additional Reporting Requirements).(d) Pursuant to HSC §166.054, a hospital shall complete and submit to HHSC the Ethics or Medical Committee Reporting Form, which is located on the HHSC website, no later than the 180th day after the hospital provides written notice under HSC §166.046(b)(1). The Ethics or Medical Committee Reporting Form collects the following information: (1) the number of days that elapsed from the patient's admission to the hospital to the date notice was provided under HSC §166.046(b)(1);(2) whether the ethics or medical committee met to review the case under HSC §166.046 and, if the committee did meet, the number of days that elapsed from the date notice was provided under HSC §166.046(b)(1) to the date the meeting was held;(3) whether the patient was: (A) transferred to a physician within the same hospital who was willing to comply with the patient's advance directive or a health care or treatment decision made by or on behalf of the patient;(B) transferred to a different health care facility; or(C) discharged from the hospital to a private residence or other setting that is not a health care facility;(4) whether the patient died while receiving life-sustaining treatment at the hospital;(5) whether life-sustaining treatment was withheld or withdrawn from the patient at the hospital after expiration of the time period described by HSC §166.046(e) and, if so, the disposition of the patient after the withholding or withdrawal of life-sustaining treatment at the hospital, as selected from the following categories: (A) the patient died at the hospital;(B) the patient is currently a patient at the hospital;(C) the patient was transferred to a different health care facility; or(D) the patient was discharged from the facility to a private residence or other setting that is not a health care facility;(6) the age group of the patient selected from the following categories: (A) 17 years of age or younger;(B) 18 years of age or older and younger than 66 years of age; or(C) 66 years of age or older;(7) the health insurance coverage status of the patient selected from the following categories:(A) private health insurance coverage;(B) public health plan coverage; or(10) whether the hospital was notified of and able to reasonably verify any public disclosure of the contact information for the hospital's personnel, physicians or health care professionals who provide care at the hospital, or members of the ethics or medical committee in connection with the patient's stay at the hospital; and(11) whether the hospital was notified of and able to reasonably verify any public disclosure by hospital personnel of the contact information for the patient's immediate family members or the person responsible for the patient's health care decisions in connection with the patient's stay at the hospital.(e) In accordance with HSC §166.054(c)-(e), HHSC publishes on its website an aggregate report of information submitted under subsection (d) of this section in the preceding year by April 1st of each year.(f) Pursuant to HSC §166.054(g), information collected or submitted under subsection (d) of this section:(1) is not admissible in a civil or criminal proceeding in which a physician, health care professional acting under the direction of a physician, or health care facility is a defendant;(2) may not be used in relation to any disciplinary action by a licensing or regulatory agency with oversight over a physician, health care professional acting under the direction of a physician, or health care facility; and(3) is not public information or subject to disclosure under Texas Government Code Chapter 552, except as permitted by Texas Government Code § 552.008.25 Tex. Admin. Code § 133.49
The provisions of this §133.49 adopted to be effective December 9, 2010, 35 TexReg 10716; Amended by Texas Register, Volume 43, Number 38, September 21, 2018, TexReg 6287, eff. 9/30/2018; Amended by Texas Register, Volume 49, Number 43, October 25, 2024, TexReg 8582, eff. 11/1/2024