|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to civil penalties levied and disciplinary proceedings |
|
conducted against certain covered entities. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 181.201(d), Health and Safety Code, is |
|
amended to read as follows: |
|
(d) In determining the amount of a penalty imposed under |
|
Subsection (b), the court shall consider: |
|
(1) the seriousness of the violation, including the |
|
nature, circumstances, extent, and gravity of the disclosure; |
|
(2) the covered entity's compliance history; |
|
(3) whether the violation poses a significant risk of |
|
financial, reputational, or other harm to an individual whose |
|
protected health information is involved in the violation; |
|
(4) [whether the covered entity was certified at the
|
|
time of the violation as described by Section 182.108;
|
|
[(5)] the amount necessary to deter a future |
|
violation; and |
|
(5) [(6)] the covered entity's efforts to correct the |
|
violation. |
|
SECTION 2. Section 181.205(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(b) In determining the amount of a penalty imposed under |
|
other law in accordance with Section 181.202, a court or state |
|
agency shall consider the following factors: |
|
(1) the seriousness of the violation, including the |
|
nature, circumstances, extent, and gravity of the disclosure; |
|
(2) the covered entity's compliance history; |
|
(3) whether the violation poses a significant risk of |
|
financial, reputational, or other harm to an individual whose |
|
protected health information is involved in the violation; |
|
(4) [whether the covered entity was certified at the
|
|
time of the violation as described by Section 182.108;
|
|
[(5)] the amount necessary to deter a future |
|
violation; and |
|
(5) [(6)] the covered entity's efforts to correct the |
|
violation. |
|
SECTION 3. Subchapter E, Chapter 181, Health and Safety |
|
Code, is amended by adding Section 181.208 to read as follows: |
|
Sec. 181.208. ENFORCEMENT AGAINST CERTAIN COVERED |
|
ENTITIES. Notwithstanding Sections 181.201 and 181.202, the |
|
attorney general may not bring an action for civil penalties under |
|
Section 181.201 and a licensing agency may not conduct a |
|
disciplinary proceeding under Section 181.202 against a covered |
|
entity if the covered entity was certified as described by Section |
|
182.108 at the time of a violation of this chapter unless the |
|
violation occurred due to the covered entity's gross negligence or |
|
intentional conduct. |
|
SECTION 4. Section 182.108, Health and Safety Code, is |
|
amended by adding Subsection (f) to read as follows: |
|
(f) A court or state agency that enforces a rule adopted |
|
under this section shall consider the covered entity's |
|
certification as described by this section at the time of a |
|
violation as a mitigating factor. |
|
SECTION 5. The changes in law made by this Act apply only to |
|
a violation that occurs on or after the effective date of this Act. |
|
A violation that occurs before the effective date of this Act is |
|
governed by the law applicable to the violation immediately before |
|
the effective date of this Act, and that law is continued in effect |
|
for that purpose. |
|
SECTION 6. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2015. |