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	Amend SB 2423 (House Committee Report) as follows:                           

(1)  In Section 1 of the bill, in amended Section 76.001(3), 	Health and Safety Code, in the added sentence (page 1, lines 16-17) 
strike ", if the entity engages in the transfer or sale of such 
patient information,".
	(2)  Strike SECTIONS 2 and 3 of the bill (page 2, lines 6-16) 
and substitute the following:
	SECTION 2.  Section 76.053, Health and Safety Code, is 
amended by adding Subsection (a-1) and amending Subsection (b) to 
read as follows:
	(a-1)  A program operator shall, before enrollment, provide 
each prospective member disclosure materials containing the 
program operator's policy regarding access to patient information 
or patient prescription drug histories if the program operator 
engages in the transfer or sale of a member's patient information or 
patient prescription drug history.
	(b)  A marketer shall use disclosure materials that comply 
with this section [Subsection (a)].
	SECTION 3.  Title 21, Insurance Code, is amended by adding 
Chapter 7002 to read as follows:

CHAPTER 7002.  SUPPLEMENTAL PROVISIONS RELATING TO DISCOUNT HEALTH 
CARE OPERATORS
	Sec. 7002.001.  DEFINITION.  For purposes of Chapters 562 
and 7001, Insurance Code, "other consideration" provided to a 
discount health care program or a discount health care program 
operator includes access to patient information, access to patient 
prescription drug histories, and drug manufacturer rebates.
	Sec. 7002.002.  REQUIRED DISCLOSURE.  A discount health care 
program operator shall, before enrollment, provide each 
prospective member disclosure materials containing the program 
operator's policy regarding access to patient information or 
patient prescription drug histories if the program operator engages 
in the transfer or sale of a member's patient information or patient 
prescription drug history.
	Sec. 7002.003.  VIOLATION; PENALTIES.  A violation of this 
chapter may be enforced in the same manner as a violation of Chapter 
562 or 7001.
	SECTION 4.  (a) Sections 1 and 2 of this Act take effect only 
if HB 4341 or SB 2339, Acts of the 81st Legislature, Regular 
Session, 2009, or another Act of the 81st Legislature, Regular 
Session, 2009, enacting Chapter 562 and Title 21, Insurance Code, 
concerning discount health care programs is not enacted or does not 
become law.
	(b)  Section 3 of this Act takes effect only if HB 4341 or 
SB 2339, Acts of the 81st Legislature, Regular Session, 2009, or 
another Act of the 81st Legislature, Regular Session, 2009, 
enacting Chapter 562 and Title 21, Insurance Code, concerning 
discount health care programs is enacted and becomes law.
	SECTION 5.  This Act takes effect September 1, 2009.