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.