BILL ANALYSIS

H.B. 3304

By: Raymond

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised regarding the expiration of certain statutory provisions governing the electronic exchange of health information, the administration of the exchange by the Texas Health Services Authority (THSA), and the powers and duties of the THSA with respect to the exchange. It has been suggested that the state has an interest in continuing to maintain oversight of THSA due to future plans to provide secure access to electronic health information in shelter environments during natural disasters. H.B. 3304 seeks to address these concerns by removing the expiration of such statutory provisions.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3304 repeals Health and Safety Code provisions that provide for the expiration on September 1, 2021, of certain provisions governing the electronic exchange of health information, the administration of the exchange by the Texas Health Services Authority (THSA), and the powers and duties of the THSA with respect to the exchange.

H.B. 3304 repeals Section 15(b), as added by Chapter 12 (S.B. 203), Acts of the 84th Legislature, Regular Session, 2015, which provides for the amendment of the THSA-developed privacy and security standards for the electronic sharing of protected health information by the Health and Human Services Commission, effective September 1, 2021.

H.B. 3304 repeals the following provisions of the Health and Safety Code:

· Section 182.003

· Section 182.052

· Section 182.101(b)

· Section 182.102(c)

· Section 182.103(d)

· Section 182.104(b)

· Section 182.105(b)

· Section 182.106(b)

· Section 182.107(d)

· Section 182.108(f)

EFFECTIVE DATE

September 1, 2019.