79R396 UM-D
By: McClendon H.B. No. 411
A BILL TO BE ENTITLED
AN ACT
relating to the transmission of certain health information to a
site outside the United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 2, Health and Safety Code, is
amended by adding Chapter 182 to read as follows:
CHAPTER 182. MEDICAL RECORDS PROTECTION
Sec. 182.001. DEFINITIONS. In this chapter:
(1) "Health care business" means a person that
collects or retains individually identifiable health information
about an individual.
(2) "Individually identifiable health information"
has the meaning assigned by Section 1171, Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. Section
1320d).
Sec. 182.002. DISCLOSURE REQUIRED. A person that contracts
with a health care business to receive individually identifiable
health information shall disclose to the health care business if
any of the information will be transmitted to a site outside the
United States.
Sec. 182.003. CONSENT REQUIRED. (a) A health care business
or person that contracts with a health care business may not
transmit individually identifiable health information to a site
outside the United States unless, before transmittal, the health
care business:
(1) discloses to the individual that his or her
individually identifiable health information may be transmitted to
a site outside the United States; and
(2) obtains the written consent of the individual
whose health information is identifiable in accordance with Section
182.004.
(b) A health care business may not discriminate against an
individual or deny an individual health care services because the
individual has not provided consent under this chapter.
(c) A health care business that has ownership and control of
individually identifiable health information is responsible for
compliance with this chapter and may not delegate that
responsibility to a physician who, as a contractor or employee,
provides health care services to individuals.
(d) This chapter does not apply if an individual initiates a
request for health care services, diagnosis, or treatment outside
the United States.
Sec. 182.004. REQUIREMENTS FOR CONSENT. Written consent to
transmit individually identifiable health information to a site
outside the United States must:
(1) be dated and signed by the individual whose health
care information is identifiable; and
(2) clearly and conspicuously disclose:
(A) that by signing, the individual is consenting
to the transmission of individually identifiable health
information to a site outside the United States;
(B) that the consent of the individual must have
been made or renewed not more than one year before the date on which
the information is transmitted;
(C) that the individual may revoke the consent at
any time; and
(D) the procedure by which consent may be
revoked.
SECTION 2. This Act takes effect September 1, 2006.