LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
May 26, 2001
TO: Honorable Bill Ratliff, Lieutenant Governor
Honorable James E. "Pete" Laney, Speaker of the House
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB11 by Nelson (Relating to protecting the privacy of
medical records; providing penalties.), Conference
Committee Report
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* No significant fiscal implication to the State is anticipated. *
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The bill would reference the federal Health Insurance Portability and
Accountability Act (HIPAA) and define terms as per HIPAA with the
exception of the following terms: "covered entity," "marketing," and
"protected health information." "Covered entity" would include
governmental units that possess, transmit, obtain, or store protected
health information. The bill would exempt "covered entities" as defined
by HIPAA from the bill's Health and Safety Code provisions except those
related to marketing and reidentified information. Thus, programs such
as the Medicaid, Children with Special Health Care Needs, Medical
Transportation, and the Children's Health Insurance Program would be
exempted. According to the Department of Health (TDH), the Special
Supplemental Nutrition Program for Women, Infants, and Children, the
Genetics Program, the Family Planning Program, Vital Records, Health Care
Quality and Standards, and the Newborn Hearing Screening Program would
not be exempted and must comply with the following provisions:
(1) An individual's access to his or her protected health information;
(2) Amendment of protected health information;
(3) Uses and disclosures of such information, including consent *; and
(4) Notice of privacy practices.
* Consent would not be required for disclosure to public health
authorities or any state agency in conjunction with a federal or state
health benefit program.
Based on TDH's estimates, the costs associated with these provisions are
not significant and could be reasonably absorbed within existing
resources.
Employee benefit plans, worker's compensation programs, ERISA programs,
certain educational records, financial institutions, and covered entities
engaging in activities of financial institutions are excluded. The bill
would provide for injunctive relief and penalties.
The above provisions would be effective on September 1, 2001, and require
compliance by September 1, 2003.
The bill would authorize the Department of Insurance to investigate
violations and impose fines. Insurance Code provisions would take
effect January 1, 2002.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 501 Texas Department of Health, 529 Health and
Human Services Commission
LBB Staff: JK, HD, SW, AJ