76R11550 DLF-D                           
         By Maxey, Dukes                                       H.B. No. 1928
         Substitute the following for H.B. No. 1928:
         By Wise                                           C.S.H.B. No. 1928
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to limitations on disclosure of certain patient health
 1-3     information; providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Title 71, Revised Statutes, is amended by adding
 1-6     Article 4590j to read as follows:
 1-7           Art. 4590j.  LIMITATIONS ON DISCLOSURE OF CERTAIN PATIENT
 1-8     HEALTH INFORMATION
 1-9           Sec. 1.  DEFINITIONS.  In this article:
1-10                 (1)  "Benefit manager" means a person who has access to
1-11     and reviews patient health information, including information
1-12     related to patient prescription dispensing records, for the purpose
1-13     of administering a health care program operated by a health benefit
1-14     plan, including utilization review and determination of coverage
1-15     issues. The term includes a third-party administrator.
1-16                 (2)  "Health benefit plan" means a plan that provides
1-17     benefits for medical or surgical expenses  incurred as a result of
1-18     a health condition, accident, or sickness, including an individual,
1-19     group, blanket, or franchise insurance policy or insurance
1-20     agreement, a group hospital service contract, or an individual or
1-21     group evidence of coverage or similar coverage document that is
1-22     offered by:
1-23                       (A)  an insurance company;
1-24                       (B)  a group hospital service corporation
 2-1     operating under Chapter 20, Insurance Code;
 2-2                       (C)  a fraternal benefit society operating under
 2-3     Chapter 10, Insurance Code;
 2-4                       (D)  a stipulated premium insurance company
 2-5     operating under Chapter 22, Insurance Code;
 2-6                       (E)  a reciprocal exchange operating under
 2-7     Chapter 19, Insurance Code;
 2-8                       (F)  a health maintenance organization operating
 2-9     under the Texas Health Maintenance Organization Act (Chapter 20A,
2-10     Vernon's Texas Insurance Code);
2-11                       (G)  a multiple employer welfare arrangement that
2-12     holds a certificate of authority under Article 3.95-2, Insurance
2-13     Code; or
2-14                       (H)  an approved nonprofit health corporation
2-15     that holds a certificate of authority issued by the commissioner
2-16     under Article 21.52F, Insurance Code.
2-17                 (3)  "Health care provider" means a person who holds a
2-18     license, certificate, or other authority issued by a state agency
2-19     that regulates the provision of health care and who has access to
2-20     patient health information in the ordinary scope of the person's
2-21     practice or employment.  The term includes a mental health
2-22     professional.
2-23                 (4)  "Patient health information" means any information
2-24     compiled during the course of patient treatment that could
2-25     reasonably be used to determine the identity of a specific patient,
2-26     including:
2-27                       (A)  a medical record;
 3-1                       (B)  genetic test information;
 3-2                       (C)  clinical research records;
 3-3                       (D)  mental health therapy notes; and
 3-4                       (E)  prescription records.
 3-5                 (5)  "Person" means an individual, corporation,
 3-6     partnership, association, and any other legal entity.
 3-7                 (6)  "Third-party administrator" has the meaning
 3-8     assigned by Article 21.07-6, Insurance Code.
 3-9           Sec. 2.  APPLICATION; EFFECT ON OTHER LAWS.  (a)  This
3-10     article applies to a health care provider, health benefit plan,
3-11     benefit manager, and any other person who, in the course and scope
3-12     of the person's employment, business, or professional practice, has
3-13     access to patient health information.
3-14           (b)  This article does not supersede or otherwise affect any
3-15     requirement regarding confidentiality of personal information
3-16     regarding a patient that is established under another law of this
3-17     state or a federal law.
3-18           Sec. 3.  PROHIBITED ACTS; EXCEPTIONS.  (a)  A person subject
3-19     to this article may not sell, share, or use, for marketing
3-20     purposes, any individually identifying patient health information,
3-21     including selling, sharing, or using patient health information
3-22     describing patients who have certain diagnoses or use certain types
3-23     of drugs in order to solicit an individual patient to use another
3-24     type or brand of drugs.
3-25           (b)  A person subject to this article may not request or
3-26     require a patient to sign a consent form authorizing the disclosure
3-27     or otherwise waive the confidentiality of information described by
 4-1     this section.
 4-2           (c)  This section does not prohibit the transmission of
 4-3     patient health information:
 4-4                 (1)  from one health care provider to another in the
 4-5     course of providing treatment or referring the patient to another
 4-6     provider for treatment;
 4-7                 (2)  from a health care provider to the operator of a
 4-8     health benefit plan  or person authorized by the operator of a
 4-9     health benefit plan as necessary to process a claim relating to
4-10     coverage under the health benefit plan;
4-11                 (3)  by a health care provider to a state agency
4-12     authorized by law to collect the information, including the Texas
4-13     Health Care Information Council or the Texas Department of Health;
4-14     or
4-15                 (4)  by the issuer of a health benefit plan as
4-16     necessary to obtain reinsurance.
4-17           (d)  This section does not prohibit:
4-18                 (1)  general advertising about a specific health care
4-19     product or service;
4-20                 (2)  a person from requesting and receiving information
4-21     regarding a particular health-related product;
4-22                 (3)  a person from requesting and receiving
4-23     information regarding the person's own treatment or claims, or
4-24     those regarding the person's dependent; or
4-25                 (4)  a health care provider from recommending a
4-26     specific treatment, product, or service to an individual patient of
4-27     that health care provider.
 5-1           Sec. 4.  CAUSE OF ACTION.  (a)  A person subject to this
 5-2     article is liable for damages to a person whose individual patient
 5-3     health information is disclosed in violation of this article.
 5-4           (b)  A plaintiff who prevails in an action brought under this
 5-5     section is entitled to recover compensatory damages, exemplary
 5-6     damages if authorized under Chapter 41, Civil Practice and Remedies
 5-7     Code, court costs, and reasonable attorney's fees.
 5-8           Sec. 5.  GROUNDS FOR DISCIPLINARY ACTION.  (a)  In addition
 5-9     to any other penalty provided by law, a health care provider who
5-10     violates Section 3 of this article commits an act that constitutes
5-11     a ground for appropriate disciplinary action by the state agency
5-12     that licenses, certifies, or otherwise regulates the practice of
5-13     that health care provider.
5-14           (b)  An insurer, health maintenance organization, or other
5-15     person regulated by the Texas Department of Insurance who violates
5-16     Section 3 of this article commits an unfair or deceptive act or
5-17     practice in the business of insurance and is subject to the
5-18     penalties imposed under Article 21.21, Insurance Code.
5-19           Sec. 6.  CRIMINAL PENALTY.  (a)  A person commits an offense
5-20     if the person knowingly violates Section 3 of this article.  Each
5-21     violation constitutes a separate offense.
5-22           (b)  An offense under this section is a Class C misdemeanor.
5-23           SECTION 2.  Article 4590j, Revised Statutes, as added by this
5-24     Act, applies only to a cause of action that accrues on or after the
5-25     effective date of this Act.  A cause of action that accrues before
5-26     that date is governed by the law as it existed immediately before
5-27     the effective date of this Act, and that law is continued in effect
 6-1     for that purpose.
 6-2           SECTION 3.  This Act takes effect September 1, 1999.
 6-3           SECTION 4.  The importance of this legislation and the
 6-4     crowded condition of the calendars in both houses create an
 6-5     emergency and an imperative public necessity that the
 6-6     constitutional rule requiring bills to be read on three several
 6-7     days in each house be suspended, and this rule is hereby suspended.