By Maxey H.B. No. 291 77R948 AJA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to interpretation of the federal Health Insurance 1-3 Portability and Accountability Act. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 32, Insurance Code, is amended by adding 1-6 Subchapter D to read as follows: 1-7 SUBCHAPTER D. OPINIONS 1-8 Sec. 32.061. INTERPRETATION OF HEALTH INSURANCE PORTABILITY 1-9 AND ACCOUNTABILITY ACT. (a) Except as provided by Subsection (e), 1-10 a person described by Subsection (b) shall submit to the department 1-11 any question regarding interpretation of the federal Health 1-12 Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1-13 Section 1320d et seq.), as amended, as that Act relates to the 1-14 person's official duties or the operation of the agency or 1-15 institution that the person represents, and request that the 1-16 department issue a written opinion on the question. The department 1-17 is the sole interpreter of the question for the agency or 1-18 institution. 1-19 (b) An opinion may be requested by: 1-20 (1) the governing body or chief executive of a state 1-21 agency, including an institution of higher education; or 1-22 (2) the board of trustees or superintendent of a 1-23 school district. 1-24 (c) A request for an opinion must be in writing and sent to 2-1 the department in Austin by certified or registered mail, with 2-2 return receipt requested. The department shall: 2-3 (1) acknowledge receipt of the request not later than 2-4 the 15th day after the date the request is received; and 2-5 (2) issue the opinion not later than the 180th day 2-6 after the date the request is received, unless before that deadline 2-7 the department notifies the requesting person in writing that the 2-8 opinion will be delayed or not issued and states the reason for the 2-9 delay or refusal. 2-10 (d) The department and the requesting person by written 2-11 agreement may waive the provisions of Subsection (c) if the waiver 2-12 does not substantially prejudice any person's legal rights. 2-13 (e) Subsection (a) does not affect any right of judicial 2-14 review of a matter. 2-15 SECTION 2. This Act takes effect September 1, 2001.