Bill Text: TX HB764 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the use, collection, and security of health care data collected by the Department of State Health Services.
Sponsorship: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2015-06-09 - Effective on 9/1/15 [HB764 Detail]
Download: Texas-2015-HB764-Enrolled.html
| H.B. No. 764 | ||
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| relating to the use, collection, and security of health care data | ||
| collected by the Department of State Health Services. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 108.009, Health and Safety Code, is | ||
| amended by adding Subsection (c) to read as follows: | ||
| (c) The department or another entity as determined by the | ||
| department to collect data from a provider under Subsection (a) | ||
| shall maintain a database that does not include identifying | ||
| information for use as authorized by law, including this chapter. | ||
| SECTION 2. Chapter 108, Health and Safety Code, is amended | ||
| by adding Section 108.0095 to read as follows: | ||
| Sec. 108.0095. NOTIFICATION OF DATA COLLECTION. (a) A | ||
| provider shall provide to a patient whose data is being collected | ||
| under this chapter written notice on a form prescribed by the | ||
| department of the collection of the patient's data for health care | ||
| purposes. | ||
| (b) The notice provided under this section must include the | ||
| name of the agency or entity receiving the data and of an individual | ||
| within the agency or entity whom the patient may contact regarding | ||
| the collection of data. | ||
| (c) The department shall include the notice required under | ||
| this section on an existing department form and make the form | ||
| available on the department's Internet website. | ||
| SECTION 3. Section 108.011(d), Health and Safety Code, as | ||
| amended by S.B. 219, Acts of the 84th Legislature, Regular Session, | ||
| 2015, is amended to read as follows: | ||
| (d) The executive commissioner shall adopt procedures to | ||
| establish the accuracy and consistency of the public use data | ||
| before releasing the public use data to the public. The department | ||
| may adopt additional procedures as the department determines | ||
| necessary. The procedures adopted under this subsection must meet | ||
| available best practices and national standards for public research | ||
| on and consumer use of health care data collected by governmental | ||
| agencies. | ||
| SECTION 4. Section 108.013(a), Health and Safety Code, as | ||
| amended by S.B. 219, Acts of the 84th Legislature, Regular Session, | ||
| 2015, is amended to read as follows: | ||
| (a) The data received by the department under this chapter | ||
| shall be used by the department and commission only for the benefit | ||
| of the public. Subject to specific limitations established by this | ||
| chapter and department rule, the department shall make | ||
| determinations on requests for information in favor of access. | ||
| SECTION 5. Chapter 108, Health and Safety Code, is amended | ||
| by adding Section 108.0132 to read as follows: | ||
| Sec. 108.0132. PROHIBITED CHARGE TO CERTAIN STATE AGENCIES | ||
| FOR DATA. The department may not charge a fee to the commission or | ||
| any other health and human services agency for the use of any data | ||
| collected under this chapter. | ||
| SECTION 6. Chapter 108, Health and Safety Code, is amended | ||
| by adding Section 108.0136 to read as follows: | ||
| Sec. 108.0136. REPORT; NOTIFICATION OF CYBER ATTACK. (a) | ||
| The department shall prepare for the commissioner an annual report | ||
| describing the security measures taken to protect data collected | ||
| under this chapter and any breaches, attempted cyber attacks, and | ||
| security issues related to the data that are encountered during the | ||
| calendar year. | ||
| (b) The report described by this section is not subject to | ||
| Chapter 552, Government Code, but may be released on request to a | ||
| member of the legislature. | ||
| (c) If a cyber attack occurs targeting data collected under | ||
| this chapter, the department shall notify the Department of Public | ||
| Safety of the State of Texas and the Federal Bureau of Investigation | ||
| of the attack. | ||
| SECTION 7. This Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 764 was passed by the House on May 5, | ||
| 2015, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 764 was passed by the Senate on May | ||
| 23, 2015, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
