S.B. 519 78(R)    BILL ANALYSIS


S.B. 519
By: Duncan
Corrections
Committee Report (Unamended)

BACKGROUND AND PURPOSE 

The federal Health Insurance Portability and Accountability Act of 1996
grants to patients considerable control over their health care records.
When a patient is also an inmate, the regulations account for this
situation, but once an inmate is released from custody, their full rights
under HIPAA come into play. Criminal justice agencies are very concerned
about having to obtain authorizations from offenders in order to share
protected health information on topics such as substance abuse treatment
and sex offender treatment. There are three state statutes that permit,
but do not require, information sharing on criminal justice clientele. If
those statutes are made mandatory, information sharing without
authorization will be permitted under the HIPAA regulations, specifically
45 CFR sec. 164.512(a), which permits the use or disclosure of protected
health information where it is "required by law." S.B. 519 makes mandatory
three state statutes that currently provide for permissive information
sharing with regard to special needs offenders, parolees in general, and
sex offenders in particular.  
 
RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1: Amends Section 614.017(a) Health and Safety Code to make
mandatory the sharing of information regarding offenders relating to
special needs offenders. SECTION 2: Amends Section 614.017(c)(1) Health
and Safety Code by adding the Board of Pardons and Paroles, and any
division of the Texas Department of Criminal Justice, to the "agencies"
covered in that statute. SECTION 3: Amends Section 508.313(c) Government
Code (the parole file confidentiality statute) to make mandatory the
sharing of information about parolees with certain governmental entities,
for certain purposes. SECTION 4: Conditionally amends Sections 109.102 and
109.051-053 Occupations Code, if to make mandatory the sharing of
information regarding sex offenders among criminal justice and law
enforcement agencies, and sex offender treatment providers. SECTION 5: In
the alternative to SECTION 4, conditionally amends art. 4512g-1, Revised
Statutes, to make mandatory the sharing of information regarding sex
offenders among criminal justice and law enforcement agencies, and sex
offender treatment providers. SECTION 6: Repeals Section 614.017(b) Health
and Safety Code, which stated that this section is not intended to
conflict with federal law that restricts the disclosure of information.
SECTION 7: Effective date. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.