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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 84th Legislature, Regular Session, 2015, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 2641 (the exchange of health |
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information in this state; creating a criminal offense) to consider |
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and take action on the following matter: |
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House Rule 13, Section 9(a)(4), is suspended to permit the |
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committee to add text on a matter which is not included in either |
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the house or senate version of the bill by adding, in proposed |
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SECTION 1 of the bill, Section 74A.002, Civil Practice and Remedies |
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Code, as follows: |
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Sec. 74A.002. LIMITATION ON LIABILITY OF HEALTH CARE |
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PROVIDERS RELATING TO HEALTH INFORMATION EXCHANGES. (a) Unless the |
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health care provider acts with malice or gross negligence, a health |
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care provider who provides patient information to a health |
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information exchange is not liable for any damages, penalties, or |
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other relief related to the obtainment, use, or disclosure of that |
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information in violation of federal or state privacy laws by a |
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health information exchange, another health care provider, or any |
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other person. |
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(b) Nothing in this section may be construed to create a |
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cause of action or to create a standard of care, obligation, or duty |
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that forms the basis for a cause of action. |
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Explanation: This addition is necessary to provide language |
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for limitation of liability of health care providers relating to |
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health information exchanges that is agreeable to both chambers. |