79R1448 JTS-D

By:  Nelson                                                       S.B. No. 1328


A BILL TO BE ENTITLED
AN ACT
relating to the privacy of protected health information. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 58.0071, Family Code, is amended by adding Subsection (g) to read as follows: (g) If destruction of a physical record or file under this section is destruction of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity may not destroy the record or file before the sixth anniversary of the date the record or file was created. SECTION 2. Sections 82.010(b) and (c), Family Code, are amended to read as follows: (b) Except as otherwise provided by law, an application for a protective order is confidential and [,] is excepted from required public disclosure under Chapter 552, Government Code. A court [, and] may not release an application [be released] to a person who is not a respondent to the application until after the date of service of notice of the application or the date of the hearing on the application, whichever date is sooner. (c) Except as otherwise provided by law, an application requesting the issuance of a temporary ex parte order under Chapter 83 is confidential and [,] is excepted from required public disclosure under Chapter 552, Government Code. A court[, and] may not release an application [be released] to a person who is not a respondent to the application until after the date that the court or law enforcement informs the respondent of the court's order. SECTION 3. Section 107.006(c), Family Code, is amended to read as follows: (c) A mental health record of a child at least 12 years of age that is privileged or confidential under other law may be released to a person appointed under Subsection (a) only in accordance with the other law, except to the extent that the other law is preempted by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E. SECTION 4. Sections 162.018(a) and (b), Family Code, are amended to read as follows: (a) The department, licensed child-placing agency, person, or entity placing a child for adoption shall provide to the [The] adoptive parents, upon request, [are entitled to receive] copies of the records and other information relating to the history of the child maintained by the department, licensed child-placing agency, person, or entity placing the child for adoption. (b) The department, licensed child-placing agency, person, or entity placing the child for adoption shall, upon request, provide to the [The] adoptive parents and the adopted child, after the child is an adult, [are entitled to receive] copies of the records maintained by the entity that have been edited to protect the identity of the biological parents and any other person whose identity is confidential and other information relating to the history of the child [maintained by the department, licensed child-placing agency, person, or entity placing the child for adoption]. SECTION 5. Section 162.414, Family Code, is amended by adding Subsection (f) to read as follows: (f) To the extent that Subsection (d) authorizes the use or disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the use or disclosure complies with all applicable requirements, standards, or implementation specifications of the privacy rule. SECTION 6. Section 264.408(a), Family Code, is amended to read as follows: (a) The files, reports, records, communications, and working papers used or developed in providing services under this chapter are confidential and not subject to public release under Chapter 552, Government Code. A center [, and] may only disclose the files, reports, records, communications, and working papers developed in providing services under this chapter [be disclosed] for purposes consistent with this chapter. Disclosure may be to: (1) the department, department employees, law enforcement agencies, prosecuting attorneys, medical professionals, and other state agencies that provide services to children and families; and (2) the attorney for the child who is the subject of the records and a court-appointed volunteer advocate appointed for the child under Section 107.031. SECTION 7. Section 420.031(e), Government Code, is amended to read as follows: (e) Evidence collected under this section may not be released unless the survivor of the offense or a legal representative of the survivor signs a written consent to release the evidence. If a disclosure under this subsection is a disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the consent to the disclosure complies with all of the privacy rule's applicable requirements, standards, and implementation specifications relating to authorizations for uses and disclosures of protected health information. SECTION 8. Section 825.507, Government Code, is amended by adding Subsection (h) to read as follows: (h) If a disclosure under Subsection (b)(6) is a disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the authorization for the disclosure complies with all of the privacy rule's applicable requirements, standards, and implementation specifications relating to authorizations for uses and disclosures of protected health information. SECTION 9. Section 81.103, Health and Safety Code, is amended by adding Subsection (k) to read as follows: (k) If a disclosure under Subsection (d) is a disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the authorization for the disclosure complies with all of the privacy rule's applicable requirements, standards, and implementation specifications relating to authorizations for uses and disclosures of protected health information. SECTION 10. Section 83.005, Health and Safety Code, is amended by adding Subsection (c) to read as follows: (c) If a disclosure under Subsection (a) is a disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the consent to the disclosure complies with all of the privacy rule's applicable requirements, standards, and implementation specifications relating to authorizations for uses and disclosures of protected health information. SECTION 11. Section 84.006, Health and Safety Code, is amended by adding Subsection (c) to read as follows: (c) If a disclosure under Subsection (a)(2) is a disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the consent to the disclosure complies with all of the privacy rule's applicable requirements, standards, and implementation specifications relating to authorizations for uses and disclosures of protected health information. SECTION 12. Section 88.002, Health and Safety Code, is amended by adding Subsection (e) to read as follows: (e) If a disclosure under Subsection (c)(2) is a disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the consent to the disclosure complies with all of the privacy rule's applicable requirements, standards, and implementation specifications relating to authorizations for uses and disclosures of protected health information. SECTION 13. Section 92.006, Health and Safety Code, is amended by adding Subsection (d) to read as follows: (d) If a disclosure under Subsection (a)(2) is a disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the consent to the disclosure complies with all of the privacy rule's applicable requirements, standards, and implementation specifications relating to authorizations for uses and disclosures of protected health information. SECTION 14. Section 108.009(a), Health and Safety Code, is amended to read as follows: (a) The council may collect, and, except as provided by Subsection [Subsections (c) and] (d), providers shall submit to the council or another entity as determined by the council, all data required by this section. The data shall be collected according to uniform submission formats, coding systems, and other technical specifications necessary to make the incoming data substantially valid, consistent, compatible, and manageable using electronic data processing, if available. SECTION 15. Section 142.009, Health and Safety Code, is amended by adding Subsection (m) to read as follows: (m) If a disclosure under Subsection (d)(3) is a disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the consent to the disclosure complies with all of the privacy rule's applicable requirements, standards, and implementation specifications relating to authorizations for uses and disclosures of protected health information. SECTION 16. Section 162.006, Health and Safety Code, is amended by adding Subsection (d) to read as follows: (d) If a disclosure under this section is a disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the disclosure complies with all of the privacy rule's applicable requirements, standards, and implementation specifications. SECTION 17. Section 241.152, Health and Safety Code, is amended by adding Subsection (g) to read as follows: (g) If an authorization under this section authorizes the disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the authorization complies with all of the privacy rule's applicable requirements, standards, and implementation specifications. SECTION 18. Section 241.154, Health and Safety Code, is amended by amending Subsection (b) and adding Subsection (f) to read as follows: (b) Except as provided by Subsections [Subsection] (d) and (f), the hospital or its agent may charge a reasonable fee for providing the health care information and is not required to permit the examination, copying, or release of the information requested until the fee is paid unless there is a medical emergency. The fee may not exceed the sum of: (1) a basic retrieval or processing fee, which must include the fee for providing the first 10 pages of the copies and which may not exceed $30; and (A) a charge for each page of: (i) $1 for the 11th through the 60th page of the provided copies; (ii) 50 cents for the 61st through the 400th page of the provided copies; and (iii) 25 cents for any remaining pages of the provided copies; and (B) the actual cost of mailing, shipping, or otherwise delivering the provided copies; or (2) if the requested records are stored on any microform or other electronic medium, a retrieval or processing fee, which must include the fee for providing the first 10 pages of the copies and which may not exceed $45; and (A) $1 per page thereafter; and (B) the actual cost of mailing, shipping, or otherwise delivering the provided copies. (f) A hospital that is a covered entity releasing protected health information, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, to an individual who is the subject of the information or that person's representative: (1) may charge a reasonable, cost-based fee, provided that the fee includes only the cost of: (A) copying, including the cost of supplies for and labor of copying, the protected health information requested by the individual; and (B) postage, when the individual has requested the copy, or the summary or explanation, be mailed; and (2) may not: (A) charge a retrieval fee; or (B) withhold copies of the information for nonpayment of the fee. SECTION 19. Section 247.065, Health and Safety Code, is amended by adding Subsection (c) to read as follows: (c) Subsection (b)(7) does not authorize the disclosure or use of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, unless the disclosure or use complies with all applicable requirements, standards, or implementation specifications of the privacy rule. SECTION 20. Section 262.030, Health and Safety Code, is amended by adding Subsection (c) to read as follows: (c) If destruction of a record under this section is destruction of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity may not destroy the record before the sixth anniversary of the date the record was created. SECTION 21. Section 281.073, Health and Safety Code, is amended by adding Subsection (c) to read as follows: (c) If destruction of a record under this section is destruction of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity may not destroy the record before the sixth anniversary of the date the record was created. SECTION 22. Section 595.003, Health and Safety Code, is amended by adding Subsection (c) to read as follows: (c) If consent under this section authorizes the disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the authorization complies with all of the privacy rule's applicable requirements, standards, and implementation specifications. SECTION 23. Section 595.004, Health and Safety Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) The content of a confidential record shall be made available on the request of the person about whom the record was made unless: (1) the person is a client; and (2) subject to Subsection (c), the qualified professional responsible for supervising the client's habilitation states in a signed written statement that having access to the record is not in the client's best interest. (c) A covered entity may not deny a request under this section for protected health information, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, unless the qualified professional responsible for supervising the client's habilitation determines that making the record available to the client is reasonably likely to endanger the life or physical safety of the client or another person. SECTION 24. Section 611.004, Health and Safety Code, is amended by adding Subsection (e) to read as follows: (e) If a disclosure under Subsection (a)(4) is a disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the consent to the disclosure complies with all of the privacy rule's applicable requirements, standards, and implementation specifications relating to authorizations for uses and disclosures of protected health information. SECTION 25. Section 611.0045(b), Health and Safety Code, is amended to read as follows: (b) The professional may deny access to any portion of a record if the professional determines that release of that portion would be harmful to the patient's physical, mental, or emotional health. A covered entity may not deny a request under this subsection for protected health information, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, unless the professional determines that making the record available to the patient is reasonably likely to endanger the life or physical safety of the patient or another person. SECTION 26. Section 611.008(b), Health and Safety Code, is amended to read as follows: (b) Except as provided by this subsection, unless [Unless] provided for by other state law, the professional may charge a reasonable fee for retrieving or copying mental health care information and is not required to permit examination or copying until the fee is paid unless there is a medical emergency. A covered entity charging a fee for protected health information, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, may not: (1) charge a fee for retrieving the information; or (2) withhold copies for nonpayment of the fee. SECTION 27. Section 773.093, Health and Safety Code, is amended by adding Subsection (d) to read as follows: (d) If consent under this section authorizes the disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the consent complies with all of the privacy rule's applicable requirements, standards, and implementation specifications. SECTION 28. Section 8, Article 21.58A, Insurance Code, is amended by amending Subsection (g) and adding Subsection (j) to read as follows: (g) Documents in the custody of the utilization review agent that contain confidential patient information or physician or health care provider financial data shall be destroyed by a method which induces complete destruction of the information when the agent determines the information is no longer needed. If destruction of information under this subsection is destruction of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity may not destroy the information before the sixth anniversary of the date the record was created. (j) If an authorization under Subsection (b) authorizes the disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the authorization complies with all of the privacy rule's applicable requirements, standards, and implementation specifications. SECTION 29. Section 546.104, Insurance Code, as effective April 1, 2005, is amended to read as follows: Sec. 546.104. AUTHORIZED DISCLOSURE. (a) An individual or an individual's legal representative may authorize disclosure of genetic information relating to the individual by an authorization that: (1) is written in plain language; (2) is dated; (3) contains a specific description of the information to be disclosed; (4) identifies or describes each person authorized to disclose the genetic information to a group health benefit plan issuer; (5) identifies or describes the individuals or entities to whom the disclosure or subsequent redisclosure of the genetic information may be made; (6) describes the specific purpose of the disclosure; (7) is signed by the individual or legal representative and, if the disclosure is made to claim proceeds of an affected life insurance policy, the claimant; and (8) advises the individual or legal representative that the individual's authorized representative is entitled to receive a copy of the authorization. (b) If an authorization under this section authorizes the disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the authorization complies with all of the privacy rule's applicable requirements, standards, and implementation specifications. SECTION 30. Section 21.4032, Labor Code, is amended to read as follows: Sec. 21.4032. AUTHORIZED DISCLOSURE. (a) An individual or the legal representative of an individual may authorize disclosure of genetic information relating to the individual by a written authorization that includes: (1) a description of the information to be disclosed; (2) the name of the person to whom the disclosure is made; and (3) the purpose for the disclosure. (b) If an authorization under this section authorizes the disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the authorization complies with all of the privacy rule's applicable requirements, standards, and implementation specifications. SECTION 31. Section 58.104, Occupations Code, is amended to read as follows: Sec. 58.104. AUTHORIZED DISCLOSURE. (a) An individual or the legal representative of an individual may authorize disclosure of genetic information relating to the individual by a written authorization that includes: (1) a description of the information to be disclosed; (2) the name of the person to whom the disclosure is made; and (3) the purpose for the disclosure. (b) If an authorization under this section authorizes the disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the authorization complies with all of the privacy rule's applicable requirements, standards, and implementation specifications. SECTION 32. Chapter 159.005, Occupations Code, is amended by adding Subsection (f) to read as follows: (f) If consent under this section authorizes the disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the consent complies with all of the privacy rule's applicable requirements, standards, and implementation specifications. SECTION 33. Section 159.006, Occupations Code, is amended by amending Subsection (a) and adding Subsection (f) to read as follows: (a) Subject to Subsection (f), unless [Unless] the physician determines that access to the information would be harmful to the physical, mental, or emotional health of the patient, a physician who receives a written consent for release of information as provided by Section 159.005 shall furnish copies of the requested billing or medical records, or a summary or narrative of the records, including records received from a physician or other health care provider involved in the care or treatment of the patient. (f) A physician who is a covered entity may not deny a request under this section for protected health information, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, unless the physician determines that making the information available to the patient is reasonably likely to endanger the life or physical safety of the patient or another person. SECTION 34. Section 159.008, Occupations Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) Except as provided by Subsections [Subsection] (b) and (c), a physician: (1) may charge a reasonable fee, as prescribed by board rule, for copying billing or medical records; and (2) is not required to permit examination or copying of the records until the fee is paid unless there is a medical emergency. (c) A covered entity providing protected health information, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, to the person who is the subject of the information or the personal representative of the subject of the information may not withhold copies for nonpayment of the fee. SECTION 35. Section 201.405, Occupations Code, is amended by amending Subsection (g) and adding Subsection (h) to read as follows: (g) A chiropractor who determines that access to information requested under Subsection (f) would be harmful to the physical, mental, or emotional health of the patient may refuse to release the information requested under this section. A chiropractor who is a covered entity may not deny a request under this subsection for protected health information, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, unless the chiropractor determines that making the record available to the patient is reasonably likely to endanger the life or physical safety of the patient or another person. (h) If a consent under this section authorizes the disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the consent complies with all of the privacy rule's applicable requirements, standards, and implementation specifications. SECTION 36. Section 202.406, Occupations Code, is amended by amending Subsection (d) and adding Subsection (f) to read as follows: (d) A podiatrist shall furnish copies of podiatric records requested or a summary or narrative of the records under a written consent for release of the information as provided by this section unless the podiatrist determines that access to the information would be harmful to the physical, mental, or emotional health of the patient. The podiatrist may delete confidential information about another person who has not consented to the release. A podiatrist who is a covered entity may not deny a request under this subsection for protected health information, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, unless the podiatrist determines that making the record available to the patient is reasonably likely to endanger the life or physical safety of the patient or another person. (f) If consent under this section authorizes the disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the consent complies with all of the privacy rule's applicable requirements, standards, and implementation specifications. SECTION 37. Section 258.104, Occupations Code, is amended by adding Subsection (e) to read as follows: (e) If consent under this section authorizes the disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the consent complies with all of the privacy rule's applicable requirements, standards, and implementation specifications. SECTION 38. Section 32, Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is amended by adding Subsection (d) to read as follows: (d) If a disclosure under Subsection (a)(1)(D) is a disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the consent to the disclosure complies with all of the privacy rule's applicable requirements, standards, and implementation specifications relating to authorizations for uses and disclosures of protected health information. SECTION 39. Section 108.009(c), Health and Safety Code, is repealed. SECTION 40. This Act takes effect September 1, 2005.