Highlights 77th Texas Legislature - Senate

STATE AFFAIRS
Issues
FFAIRS/Public Information & Privacy
77 th Texas Legislature
Requires a privacy board to review the consent acquired by the research entity to ensure that the individual
has consented to the specific information requested in the research. Allows the privacy board to grant a
waiver for individual consent when the research entity provides evidence that meets certain conditions.
Allows a person who is the subject of protected health information collected or created in the course of a
clinical research trial to have access to the information at the conclusion of the research trial.
Allows a covered entity to share protected health information with health researchers and public health
authorities on certain conditions.
Prohibits reidentifying a person’s protected health information without obtaining the individual’s consent or
authorization.
Prohibits a covered entity from the disclosure of protected health information for marketing purposes
without the consent or authorization of the individual who is the subject of the protected health information.
Requires that written marketing communication be sent in an envelope showing only the addresses of
sender and recipient, along with:
• the name and toll-free number of the health care entity sending the marketing communication; and
• a written correspondence explaining the recipient’s right to have the recipient’s name removed
from the sender’s mailing list.
Allows the suspension, probation, and revocation of an individual’s or facility’s state license for violating the
health information protections established in this bill.
Requires an entity to obtain an authorization to disclose any nonpublic personal health information before
disclosing that information. Provides a procedure for obtaining the authorization to disclose nonpublic
personal health information. Provides certain exceptions to an entity disclosing nonpublic personal health
information without following the authorization procedures.
Allows the attorney general the ability to institute an action for:
• injunctive relief to restrain violations of the bill; and
• a civil penalty not to exceed $3000 for each violation. If a court finds the violations have occurred
with frequency as to constitute a pattern or practice, then the court may assess a civil penalty not
to exceed $250,000.
Establishes that records and proceedings of a medical committee are confidential and not subject to court
subpoena. Sets out certain proceedings that may be held in closed meeting.
Establishes that information received or maintained by a compliance officer retain the protection from
disclosure as long as that information is part of the proper function of a compliance officer.
Senate Research Center 284