LEGISLATIVE BUDGET BOARD
Austin, Texas
 
OPEN GOVERNMENT IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
April 18, 2005

TO:
Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
SB1328 by Nelson (Relating to the privacy of protected health information.), As Introduced

As a result of this bill there will be no significant restriction upon:

(1) the open records law;
(2) the open meetings law;
(3) the access to government information; or
(4) the ability of the citizens of Texas to transact public business.

The bill would amend numerous Texas statutes to align Texas law with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).  Government Code Section 552.101 expressly excepts information statutorily defined as confidential from required disclosure under the Public Information Act.  The Office of the Attorney General has determined that health information protected under HIPAA falls within the 552.101 exception.  No significant restriction upon open government laws is anticipated.


Source Agencies:
LBB Staff:
JOB, VDS, AM