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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of certain information regarding the |
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occurrence of communicable diseases in residential facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.046(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Except as provided by Section 181.060, reports |
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[Reports], records, and information relating to cases or suspected |
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cases of diseases or health conditions are not public information |
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under Chapter 552, Government Code, and may not be released or made |
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public on subpoena or otherwise except as provided by Subsections |
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(c), (c-1), (d), and (f) or Section 181.060. |
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SECTION 2. Subchapter B, Chapter 181, Health and Safety |
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Code, is amended by adding Section 181.060 to read as follows: |
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Sec. 181.060. INFORMATION REGARDING COMMUNICABLE DISEASES |
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IN CERTAIN FACILITIES. (a) In this section: |
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(1) "Communicable disease" has the meaning assigned by |
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Section 81.003. |
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(2) "Facility" means: |
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(A) a nursing facility licensed under Chapter |
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242; |
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(B) a continuing care facility licensed under |
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Chapter 246; and |
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(C) an assisted living facility licensed under |
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Chapter 247. |
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(3) "Resident" means an individual, including a |
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patient, who resides in a facility. |
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(b) In this chapter, protected health information does not |
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include information that identifies: |
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(1) the name or location of a facility in which |
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residents have been diagnosed with a communicable disease; or |
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(2) the number of residents who have been diagnosed |
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with a communicable disease in a facility. |
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(c) Unless made confidential under other law, the |
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information described by Subsection (b) is not confidential and is |
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subject to disclosure under Chapter 552, Government Code. |
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SECTION 3. This Act takes effect September 1, 2021. |