TO: | Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health |
FROM: | John S O'Brien, Director, Legislative Budget Board |
IN RE: | SB622 by Nelson (Relating to the privacy of protected health information and personal information; providing civil and criminal penalties.), As Engrossed |
No significant fiscal implication to the State is anticipated.
There are certain provisions of the bill that could increase revenues from penalties; while the specific impact cannot be determined at this time, this analysis assumes no significant impact to the State.
The bill would amend Chapter 181 of the Health and Safety Code by directing the executive commissioner of the Health and Human Services Commission (HHSC) to adopt rules consistent with the Health Insurance Portability and Accountability Act and Privacy (HIPAA) standards and access to and use of protected health information. The bill would require the executive commissioner to adopt rules that require each covered entity to provide training regarding protected health information, to provide and receive written notification and acceptance of legal restrictions on the use and disclosure of protected information when disseminating protected health information, and to provide a person's electronic health record within fifteen business days of receiving the request for the information if a health care provider is using an electronic health records system that is capable of fulfilling the request.
The bill would direct the Office of the Attorney General (OAG) to maintain an internet website with information for consumers regarding privacy rights under federal and state law related to protected health information, a list of state agencies that regulate covered entities in the state, information regarding the complaint enforcement process, and contact information for each agency. The bill would also require the OAG to submit to the legislature a report on the number and types of complaints received.
The bill would prohibit a covered entity from disclosing protected health information to any person in exchange for direct or indirect remuneration with certain exemptions. The bill would authorize civil penalties against a covered entity for a violation of the provisions under Chapter 181, Health and Safety Code.
The bill would direct HHSC, in consultation with the Department of State Health Services, the Texas Medical Board, and the Texas Department of Insurance, to provide a report to the legislature on new developments in safeguarding protected health information.
The bill would amend the penal code in alignment with provisions of the bill regarding privacy rights for protected health information.
The bill would take effect September 1, 2011.
Source Agencies: | 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 454 Department of Insurance, 503 Texas Medical Board, 529 Health and Human Services Commission, 537 State Health Services, Department of
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LBB Staff: | JOB, ES, CL, MB, VJC, GD
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