By: Deuell S.B. No. 2423
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transfer or sale of patient information or
  prescription drug history by discount health care programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subdivisions (3) and (4), Section 76.001, Health
  and Safety Code, are amended to read as follows:
               (3)  "Discount health care program" means a business
  arrangement or contract in which an entity, in exchange for fees,
  dues, charges, or other consideration, offers its members access to
  discounts on health care services provided by health care
  providers.  The term does not include an insurance policy,
  certificate of coverage, or other product regulated by the Texas
  Department of Insurance or a self-funded or self-insured employee
  benefit plan.  For purposes of this subsection, consideration
  includes patient information or patient prescription drug history
  provided by members, if the entity engages in the transfer or sale
  of such patient information, patient prescription drug history, or
  drug manufacturer rebates.
               (4)  "Discount health care program operator" means a
  person who, in exchange for fees, dues, charges, or other
  consideration, operates a discount health care program and
  contracts with providers, provider networks, or other discount
  health care program operators to offer access to health care
  services at a discount and determines the charge to members.  For
  purposes of this subsection, consideration includes patient
  information or patient prescription drug history provided by
  members, if the person engages in the transfer or sale of such
  patient information, patient prescription drug history, or drug
  manufacturer rebates.
         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)  If a program operator engages in the transfer or sale
  of a member's patient information or patient prescription drug
  history, the program operator shall, before enrollment, provide
  each prospective member disclosure materials describing the
  program operator's practices regarding such transfer or sale.
         (b)  A marketer shall use disclosure materials that comply
  with this section [Subsection (a)].
         SECTION 3.  This Act takes effect September 1, 2009.