Amend CSSB 11, in SECTION 1 of the bill, by striking added Section
181.001(b)(3), Health and Safety Code (House committee printing, page 2, lines
16-26), andsubstituting the following:
            (3)  "Marketing" means the promotion or advertisement,
by a covered entity, of specific products or services if the
covered  entity receives, directly or indirectly, a financial
incentive or remuneration from a third party for the use, access,
or disclosure of protected health information. Marketing does not
include:
                  (A)  a communication, for treatment or health
care operations, by a health care provider, health plan, or
participants in an organized health care arrangement or their
affiliated covered entities or business associates within the
meaning of those terms under the Health Insurance Portability and
Accountability Act and Privacy Standards; or
                  (B)  a communication that complies with the
Health Insurance Portability and Accountability Act and Privacy
Standards and informs the public of endowment and development
activities by a tax-exempt, nonprofit charitable hospital or
foundation, or that requests contributions for a nonprofit
charitable hospital or foundation.