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.