| By: Kolkhorst | S.B. No. 882 | |
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| relating to the disclosure of certain information regarding the | ||
| occurrence of communicable diseases in residential facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 81.046(b), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (b) Except as provided by Section 181.060, reports | ||
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| cases of diseases or health conditions are not public information | ||
| under Chapter 552, Government Code, and may not be released or made | ||
| public on subpoena or otherwise except as provided by Subsections | ||
| (c), (c-1), (d), and (f) or Section 181.060. | ||
| SECTION 2. Subchapter B, Chapter 181, Health and Safety | ||
| Code, is amended by adding Section 181.060 to read as follows: | ||
| Sec. 181.060. INFORMATION REGARDING COMMUNICABLE DISEASES | ||
| IN CERTAIN FACILITIES. (a) In this section: | ||
| (1) "Communicable disease" has the meaning assigned by | ||
| Section 81.003. | ||
| (2) "Facility" means: | ||
| (A) a nursing facility licensed under Chapter | ||
| 242; | ||
| (B) a continuing care facility licensed under | ||
| Chapter 246; and | ||
| (C) an assisted living facility licensed under | ||
| Chapter 247. | ||
| (3) "Resident" means an individual, including a | ||
| patient, who resides in a facility. | ||
| (b) In this chapter, protected health information does not | ||
| include information that identifies: | ||
| (1) the name or location of a facility in which | ||
| residents have been diagnosed with a communicable disease; or | ||
| (2) the number of residents who have been diagnosed | ||
| with a communicable disease in a facility. | ||
| (c) Unless made confidential under other law, the | ||
| information described by Subsection (b) is not confidential and is | ||
| subject to disclosure under Chapter 552, Government Code. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||