Bill Text: TX SB1937 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to civil penalties levied and disciplinary proceedings conducted against certain covered entities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-25 - Referred to Health & Human Services [SB1937 Detail]
Download: Texas-2015-SB1937-Introduced.html
84R12488 AJZ-F | ||
By: Kolkhorst | S.B. No. 1937 |
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relating to civil penalties levied and disciplinary proceedings | ||
conducted against certain covered entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 181.201(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) In determining the amount of a penalty imposed under | ||
Subsection (b), the court shall consider: | ||
(1) the seriousness of the violation, including the | ||
nature, circumstances, extent, and gravity of the disclosure; | ||
(2) the covered entity's compliance history; | ||
(3) whether the violation poses a significant risk of | ||
financial, reputational, or other harm to an individual whose | ||
protected health information is involved in the violation; | ||
(4) [ |
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violation; and | ||
(5) [ |
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violation. | ||
SECTION 2. Section 181.205(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) In determining the amount of a penalty imposed under | ||
other law in accordance with Section 181.202, a court or state | ||
agency shall consider the following factors: | ||
(1) the seriousness of the violation, including the | ||
nature, circumstances, extent, and gravity of the disclosure; | ||
(2) the covered entity's compliance history; | ||
(3) whether the violation poses a significant risk of | ||
financial, reputational, or other harm to an individual whose | ||
protected health information is involved in the violation; | ||
(4) [ |
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violation; and | ||
(5) [ |
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violation. | ||
SECTION 3. Subchapter E, Chapter 181, Health and Safety | ||
Code, is amended by adding Section 181.208 to read as follows: | ||
Sec. 181.208. ENFORCEMENT AGAINST CERTAIN COVERED | ||
ENTITIES. Notwithstanding Sections 181.201 and 181.202, the | ||
attorney general may not bring an action for civil penalties under | ||
Section 181.201 and a licensing agency may not conduct a | ||
disciplinary proceeding under Section 181.202 against a covered | ||
entity if the covered entity was certified as described by Section | ||
182.108 at the time of a violation of this chapter unless the | ||
violation occurred due to the covered entity's gross negligence or | ||
intentional conduct. | ||
SECTION 4. Section 182.108, Health and Safety Code, is | ||
amended by adding Subsection (f) to read as follows: | ||
(f) A court or state agency that enforces a rule adopted | ||
under this section shall consider the covered entity's | ||
certification as described by this section at the time of a | ||
violation as a mitigating factor. | ||
SECTION 5. The changes in law made by this Act apply only to | ||
a violation that occurs on or after the effective date of this Act. | ||
A violation that occurs before the effective date of this Act is | ||
governed by the law applicable to the violation immediately before | ||
the effective date of this Act, and that law is continued in effect | ||
for that purpose. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |