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.