SRC-TJG S.B. 1136 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1136
78R8348 MCK-DBy: Nelson
Health & Human Services
4/12/2003
As Filed


DIGEST AND PURPOSE 

S.B. 11 passed in the 77th Texas Legislature implemented medical records
privacy in Texas.  It contained verbatim the provisions of the Federal
Health Insurance Portability and Accountability Act (HIPAA) regulation at
the time of its passage.  The Bush Administration altered HIPPA regulation
on March 27, 2002.  As proposed, S.B. 1136 repeals two definitions (health
care operations and protected health information) and three provisions of
state law.  This bill also updates the references to the Code of Federal
Regulation. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 181.001(b)(3), Health and Safety Code, to
change the meaning of "Health Insurance Portability and Accountability Act
and Privacy Standards" by including "contained in 45 C.F.R. Parts 160 and
164" and deleting the phrase "and the final rules adopted on December 28,
2000, and published at 65 Fed. Reg. 82798 et. seq." 

SECTION 2.  Repealer: Sections 181.001(b)(2) (regarding the definition of
"health care operations") and (5) (regarding the definition of "protected
health information"), and Subchapter 181C (Access to and Use of Health
Care Information), Health and Safety Code. 

SECTION 3.  Effective date: September 1, 2003.