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.

Spectrum: 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
 
 
 
 
AN ACT
  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       
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