79R14497 E


By:  Chavez                                                       H.B. No. 486

Substitute the following for H.B. No. 486:                                    

By:  Merritt                                                  C.S.H.B. No. 486


A BILL TO BE ENTITLED
AN ACT
relating to the transmission of certain health information to a site outside the United States; providing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 181.001(b)(2), Health and Safety Code, is amended to read as follows: (2) "Covered entity" means any person who: (A) for commercial, financial, or professional gain, monetary fees, or dues, or on a cooperative, nonprofit, or pro bono basis, engages, in whole or in part, and with real or constructive knowledge, in the practice of creating, transcribing, assembling, collecting, analyzing, using, evaluating, storing, or transmitting protected health information. The term includes a business associate, health care payer, governmental unit, information or computer management entity, school, health researcher, health care facility, clinic, health care provider, or person who maintains an Internet site; (B) comes into possession of protected health information; (C) obtains or stores protected health information under this chapter; or (D) is an employee, agent, or contractor of a person described by Paragraph (A), (B), or (C) insofar as the employee, agent, or contractor creates, receives, obtains, maintains, uses, or transmits protected health information. SECTION 2. Chapter 181, Health and Safety Code, is amended by adding Subchapter G to read as follows:
SUBCHAPTER G. TRANSMISSION OF CERTAIN INFORMATION
Sec. 181.301. PROHIBITED DISCLOSURE. (a) A covered entity is prohibited from disclosing protected health information to a person or site outside the United States except as provided by Subsection (b) and Section 181.304. (b) A covered entity that provides an individual with a notice of privacy practices, as described by Section 181.302, and obtains written authorization from that individual that the disclosure is allowed, as described by Section 181.303, may disclose protected health information to a person or site outside the United States. Sec. 181.302. NOTICE REQUIREMENTS. (a) A covered entity shall provide a notice of privacy practices that informs an individual that the covered entity may disclose the individual's protected health information to a person or site outside the United States. The notice may be provided separately or may be added to a notice required by 45 C.F.R. Section 164.520 in bold print and in a conspicuous location. (b) The notice must include: (1) a statement that the covered entity may disclose protected health information to a person or site outside the United States; (2) the specific purpose or purposes for the disclosure; (3) a statement informing the individual of the right to refuse the authorization; (4) a statement that the covered entity may not discriminate against the individual for refusing to provide the authorization; and (5) the signature of the individual or personal representative of the individual. Sec. 181.303. AUTHORIZATION REQUIREMENTS. The written authorization described by Section 181.301 must include the following information: (1) a specific and meaningful description of the information that may be disclosed; (2) the name, location, and other identifying information of the person or class of persons to whom disclosure may be made; (3) a specific and meaningful description of each purpose or reason a disclosure is authorized; (4) the date that the authorization will expire, which must be not later than one year from the date the authorization is signed unless the purpose of the disclosure is for research or another defined event that will exceed one year, in which case the authorization may expire on the end date of the research or defined event; (5) a dated signature of the individual or personal representative of the individual and, if a personal representative signs for an individual, the authorization must state the authority of the personal representative to act on behalf of the individual; (6) a statement that the individual has the right to revoke the authorization and that treatment cannot be conditioned on providing the authorization; (7) a statement that the covered entity is subject to the penalties and disciplinary actions authorized by Subchapter E for unauthorized disclosures that are not consistent with the authorization; and (8) a statement that the covered entity may be liable for unauthorized disclosures by a person that receives information directly from the covered entity under a business associate agreement or contract but may not be liable for subsequent unauthorized disclosures. Sec. 181.304. EXCEPTION FOR CERTAIN DISCLOSURES. This subchapter does not apply to a transmittal of individually identifiable health information: (1) to the extent the use or disclosure is permitted by 45 C.F.R. Section 164.512; (2) that occurs because an individual initiates a request for health care services, diagnosis, or treatment outside the United States; (3) to the extent required by law or regulation; (4) for public health purposes; or (5) for the purpose of: (A) collecting or reporting information about an adverse event or product defect for a product or activity regulated by the United States Food and Drug Administration; (B) tracking a product regulated by the United States Food and Drug Administration; (C) enabling a recall or post-marketing surveillance activity or study of a product regulated by the United States Food and Drug Administration; or (D) conducting or gathering or reporting data and results of research studies. Sec. 181.305. ENFORCEMENT. A person who violates this subchapter is subject to the enforcement provisions of Subchapter E. SECTION 3. This Act takes effect September 1, 2005.