Professional Documents
Culture Documents
A300
AN ACT
amended
by
10
Subdivisions
(1)AA"Commission"
8
9
amending
(1)
and
(3)
["Commissioner"]
means
and
the
adding
Health
11
12
13
14
15
(2-b)AA"Executive
commissioner"
means
the
executive
16
17
Act
18
existence
19
Administrative
20
21
22
and E.
23
24
and
Privacy
on
Standards"
September
means
1,
Simplification
SECTIONA2.AASubchapter
2011
the
[August
subtitle
A,
privacy
Chapter
of
14,
the
181,
requirements
2002],
Health
of
the
Insurance
L. No. 104-191)
Health
and
Safety
in
H.B.ANo.A300
Sec.A181.004.AAAPPLICABILITY OF STATE AND FEDERAL LAW.
(a)
5
6
7
8
181.005,
Health
and
Safety
Code,
is
(a)
10
11
12
Accountability
13
chapter.
Act
and
Privacy
Standards
to
administer
this
14
15
the definitions in 45 C.F.R. Parts 160 and 164 that occur after
16
17
the
18
regulations.
19
20
21
this chapter.
22
(c)AAIn
best
interest
of
the
state
to
adopt
the
amended
federal
making
determination
under
this
section,
the
23
24
25
26
27
H.B.ANo.A300
(2)AAgovernmental
entities,
institutions
of
higher
shall file the report with the presiding officer of each house of
the
determination is made.
legislature
the
30th
day
after
the
date
the
SECTIONA4.AASection
10
11
before
181.006,
Health
and
Safety
Code,
is
12
HEALTH
INFORMATION
NOT
PUBLIC.
13
14
entity
15
health information:
that
20
21
22
governmental
any
unit,
an
information
individual s
that
protected
reflects
that
an
18
19
(1)AAincludes
16
17
is
B,
Chapter
181,
Health
and
Safety
23
24
administering,
25
regarding
26
27
supporting,
compensation
to
or
coordinating
victims
of
any
crime
of
as
the
benefits
provided
by
H.B.ANo.A300
1
2
3
Sec.A181.101.AATRAINING REQUIRED.
7
8
covered
entity s
particular
course
of
business; and
(2)AAeach employee s scope of employment.
9
10
11
described by Subsection (a) not later than the 60th day after the
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13
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15
16
17
18
attendance
19
20
at
the
training
program.
The
covered
entity
shall
21
(a)AAExcept
as
22
provider
using
23
24
later than the 15th business day after the date the health care
25
26
27
is
provided
an
by
Subsection
electronic
health
(b),
if
records
health
system
care
that
is
H.B.ANo.A300
1
164.524.
(c)AAFor
purposes
of
Subsection
(a),
the
executive
10
11
format
12
13
health records.
14
15
recommended
under
this
section
must
be
consistent,
if
The attorney
16
17
18
(2)AAa
list
of
the
state
agencies,
including
the
19
20
21
22
23
(3)AAdetailed
information
regarding
each
agency s
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25
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27
Sec.A181.104.AACONSUMER
COMPLAINT
REPORT
BY
ATTORNEY
H.B.ANo.A300
1
GENERAL.
3
4
attorney
and
by
the
state
agencies
receiving
consumer
6
7
general
state
agency
that
receives
consumer
complaints
10
11
12
13
14
before
15
Subsection (a).
16
including
the
information
SECTIONA7.AASubchapter
D,
in
Chapter
the
report
181,
Health
required
and
by
Safety
17
18
follows:
19
Sec.A181.153.AASALE
OF
PROTECTED
HEALTH
INFORMATION
20
PROHIBITED; EXCEPTIONS.
21
22
23
(a)
24
25
26
27
(A)AAtreatment;
H.B.ANo.A300
1
(B)AApayment;
(D)AAperforming
an
insurance
or
health
Insurance Code; or
(2)AAas otherwise authorized or required by state or
6
7
federal law.
10
authorized
by
Subsection
11
entity s
12
reasonable
(a)(1)(D)
costs
Sec.A181.154.AANOTICE
13
of
may
not
preparing
AND
exceed
or
the
covered
transmitting
AUTHORIZATION
REQUIRED
the
FOR
14
15
16
17
18
electronic disclosure.
19
by:
(1)AAposting a written notice in the covered entity s
20
21
place of business;
(2)AAposting a notice on the covered entity s Internet
22
23
website; or
24
(3)AAposting
notice
in
any
other
25
individuals
26
27
whose
protected
health
information
is
place
where
subject
to
H.B.ANo.A300
1
authorization
for
electronic
disclosure
of
10
11
12
13
(A)AAtreatment;
14
(B)AApayment;
15
16
(D)AAperforming
an
insurance
or
health
17
18
Insurance Code; or
19
20
21
(d)AAThe
attorney
general
shall
adopt
22
23
must
24
comply
with
the
Health
Insurance
standard
The form
Portability
and
25
26
27
H.B.ANo.A300
SECTIONA8.AASection
181.201,
Health
and
Safety
Code,
is
addition
to
the
injunctive
relief
provided
by
chapter.
exceed:
civil
penalty
assessed
under
this
section
may
not
10
11
12
for
each
violation
that
occurs
in
one
13
14
15
16
entity
17
18
knowingly
(b-1)AAThe
or
total
intentionally
amount
of
used
penalty
protected
assessed
health
against
19
20
21
the court finds that the disclosure was made only to another covered
22
23
24
(1)AAthe
protected
health
information
disclosed
was
25
26
27
H.B.ANo.A300
1
and
health information.
maintained
security
policies,
including
the
education
and
10
11
12
13
14
15
16
17
financial,
18
19
20
other
harm
to
an
individual
whose
23
24
or
21
22
reputational,
(6)AAthe
covered
entity s
efforts
to
correct
the
violation.
25
26
27
for a civil penalty under this section only if the licensing agency
10
H.B.ANo.A300
1
refers
the
181.202(2).
violation
(f)AAThe
office
to
the
attorney
general
under
of
the
attorney
general
may
Section
retain
7
8
181.202,
Health
and
Safety
Code,
is
ACTION.
In
addition
to
the
10
11
12
an
13
14
licensing agency.
15
16
agency may:
agency
of
this
state
is
subject
to
investigation
and
17
(1)AArevoke
18
facility s] license; or
the
covered
entity s
[individual s
or
19
20
21
Section 181.201(b).
22
SECTIONA10.AASection
181.205,
Health
and
Safety
Code,
is
23
24
read as follows:
25
26
27
11
H.B.ANo.A300
(1)AAthe seriousness of the violation, including the
1
2
financial,
harm
to
an
individual
whose
11
12
other
9
10
or
7
8
reputational,
covered
entity s
efforts
to
correct
the
violation.
13
14
(a) and (b), a court or state agency shall consider the evidence and
15
16
17
18
19
follows:
20
Sec.A181.206.AAAUDITS
OF
COVERED
ENTITIES.
(a)
The
21
22
23
24
25
26
determine
27
compliance
with
the
Health
12
Insurance
Portability
and
H.B.ANo.A300
1
4
5
committed
violations
of
this
the
chapter
covered
that
are
entity
to
egregious
submit
to
and
the
10
11
12
13
14
15
16
17
18
(b).
19
Sec.A181.207.AAFUNDING.
The
commission
and
the
Texas
20
21
22
23
SECTIONA12.AASection
182.002,
Health
and
Safety
Code,
is
24
25
follows:
26
27
(2-a)AA"Covered
entity"
Section 181.001.
13
has
the
meaning
assigned
by
H.B.ANo.A300
(3-a)AA"Disclose" has the meaning assigned by Section
1
2
181.001.
(3-b)AA"Health
Insurance
Portability
and
by Section 181.001.
SECTIONA13.AASubchapter C, Chapter 182, Health and Safety
6
7
8
9
HEALTH
INFORMATION;
11
ratification
12
and
submit
security
to
the
standards
(a)
commission
for
the
electronic
17
19
(2)AAcomply
with
any
other
state
and
federal
20
relating
21
23
24
25
for
15
22
The
13
18
privacy
and
CERTIFICATION.
corporation
16
develop
ENTITY
10
14
shall
COVERED
to
the
security
and
confidentiality
of
law
information
26
27
14
H.B.ANo.A300
1
covered
Subsection (b).
6
7
entity s
(e)AAThe
past
compliance
corporation
shall
with
standards
publish
the
adopted
standards
under
adopted
10
11
read as follows:
(b)AAA person who conducts business in this state and owns or
12
licenses
13
14
discovering
15
individual
16
17
by an unauthorized person.
18
19
determine
20
21
computerized
or
receiving
[resident
the
data
scope
of
of
that
includes
notification
this
state]
sensitive
of
the
whose
personal
breach,
sensitive
to
any
personal
the
breach
and
restore
the
reasonable
22
Subsection
23
24
25
another
26
Subsection
27
security.
(b)
state
(b)
apply
that
to
only
does
notify
if
not
the
the
individual
require
individual
whose
person
of
sensitive
described
breach
of
by
system
15
H.B.ANo.A300
1
provided
Subsection (b).
5
6
under
that
state s
law
satisfies
the
requirements
of
10
not more than $100 for each individual to whom notification is due
11
under that subsection for each consecutive day that the person
12
13
Civil penalties under this section may not exceed $250,000 for all
14
15
16
17
18
The
19
20
21
accessed,
22
23
24
25
26
27
read,
scanned,
stored,
or
transferred
was
protected
16
(a)
The commission,
H.B.ANo.A300
1
health information.
protected
9
10
11
12
health
and
recommendations
for
the
A covered entity
13
14
information
15
(2)AAthe
standards
16
17
SECTIONA19.AA(a)
adopted
under
Section
182.108,
18
19
20
(b)AAThe
Health
and
Human
Services
Commission,
in
21
consultation with the Texas Health Services Authority and the Texas
22
Medical
23
accessibility
24
25
Board,
shall
of
review
protected
issues
health
regarding
information
the
security
maintained
by
and
an
26
Services
27
committees
Commission
of
the
shall
senate
submit
and
17
to
the
the
house
appropriate
of
standing
representatives
H.B.ANo.A300
1
recommendations for:
the
security
of
protected
health
the state;
10
11
12
be
to
access
processes
by
should
14
15
the
for
which
individual s
13
16
able
and
the
storage
of
individual
protected
health
protected
health
17
18
SECTIONA20.AA(a)
19
an
task
force
on
health
information
technology is created.
20
21
22
23
and
24
house
of
representatives
having
primary
25
26
(B)AAat
27
least
two
hospitals;
18
jurisdiction
individuals
who
over
represent
H.B.ANo.A300
(C)AAat least one private citizen who represents
1
2
5
6
Human
Services
Commission
or
an
employee
of
the
commission
10
commissioner; and
(C)AAthe
11
presiding
officer of
the
Texas
Health
12
13
14
15
shall appoint the members of the task force and appoint a chair of
16
17
18
19
20
21
22
23
24
term
25
26
27
is
defined
by
the
Health
Insurance
Portability
and
19
H.B.ANo.A300
1
electronically
maintained
and
disclosed
protected
health
4
5
task
force,
information.
related
to
the
exchange
of
protected
health
7
8
submit
to
the
representatives
standing
committees
having
technology
primary
issues
and
of
the
senate
jurisdiction
the
Texas
and
house
over
Health
of
health
10
information
Services
11
12
Subsection (d).
13
14
15
website.
16
17
SECTIONA21.AASection
18
531.0315(b),
Government
Code,
is
repealed.
19
20
21
22
and
23
(2)AAthe
Health
and
Human
Services
Commission
shall
24
25
26
27
20
H.B.ANo.A300
1
8
9
changes
in
law
made
by
Section
181.201,
10
Business
&
Commerce
Code,
as
amended
by
this
Act,
and
Section
11
12
13
Act.
14
governed by the law in effect at the time the conduct occurred, and
15
16
17
18
19
20
by the law in effect at the time the offense was committed, and the
21
22
23
this Act if any element of the offense was committed before that
24
date.
25
For purposes of
21
An
H.B.ANo.A300
______________________________
______________________________
I certify that H.B. No. 300 was passed by the House on May 4,
2011, by the following vote:AAYeas 141, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 300 on May 26, 2011, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 300 on May 29, 2011, by the following vote:AAYeas 145,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the HouseAAA
22
H.B.ANo.A300
I certify that H.B. No. 300 was passed by the Senate, with
amendments, on May 24, 2011, by the following vote:AAYeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
300 on May 29, 2011, by the following vote:AAYeas 31, Nays 0.
______________________________
Secretary of the SenateAAA
APPROVED: __________________
AAAAAAAAAAAAAAAAADateAAAAAAA
AAAAAAAAA __________________
AAAAAAAAAAAAAAAGovernorAAAAAAA
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