84R34068 SCL-D
 
  By: Zerwas H.R. No. 3475
 
 
R E S O L U T I O N
 
         BE IT RESOLVED by the House of Representatives of the State of
  Texas, 84th Legislature, Regular Session, 2015, That House Rule 13,
  Section 9(a), be suspended in part as provided by House Rule 13,
  Section 9(f), to enable the conference committee appointed to
  resolve the differences on House Bill 2641 (the exchange of health
  information in this state; creating a criminal offense) to consider
  and take action on the following matter:
         House Rule 13, Section 9(a)(4), is suspended to permit the
  committee to add text on a matter which is not included in either
  the house or senate version of the bill by adding, in proposed
  SECTION 1 of the bill, Section 74A.002, Civil Practice and Remedies
  Code, as follows:
         Sec. 74A.002.  LIMITATION ON LIABILITY OF HEALTH CARE
  PROVIDERS RELATING TO HEALTH INFORMATION EXCHANGES. (a) Unless the
  health care provider acts with malice or gross negligence, a health
  care provider who provides patient information to a health
  information exchange is not liable for any damages, penalties, or
  other relief related to the obtainment, use, or disclosure of that
  information in violation of federal or state privacy laws by a
  health information exchange, another health care provider, or any
  other person.
         (b)  Nothing in this section may be construed to create a
  cause of action or to create a standard of care, obligation, or duty
  that forms the basis for a cause of action.
         Explanation: This addition is necessary to provide language
  for limitation of liability of health care providers relating to
  health information exchanges that is agreeable to both chambers.