| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to an annual report on laws regarding access, use, and |
|
|
sharing of protected health information. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 181, Health and Safety |
|
|
Code, is amended by adding Section 181.105 to read as follows: |
|
|
Sec. 181.105. ANNUAL REPORT ON PROTECTED HEALTH INFORMATION |
|
|
LAWS. (a) The commission shall prepare an annual report that |
|
|
reviews and provides clarification of state and federal laws |
|
|
regarding access, use, and sharing of protected health information |
|
|
for covered entities and consumers. |
|
|
(b) The annual report under Subsection (a) must contain: |
|
|
(1) the least restrictive legal interpretation, as |
|
|
determined by the commission, relating to: |
|
|
(A) integrated health care information; |
|
|
(B) protection of and communication regarding |
|
|
substance use disorder patient records under 42 C.F.R. Part 2; |
|
|
(C) mental health progress notes, process notes, |
|
|
and treatment plans; |
|
|
(D) child health information; |
|
|
(E) minimum information required for streamlined |
|
|
consent processes; |
|
|
(F) permission-based storage and viewing |
|
|
processes; |
|
|
(G) transparency and parity issues regarding |
|
|
medical record components and benefit verifications; |
|
|
(H) standards for deidentifying personal patient |
|
|
information; |
|
|
(I) differences provided in rules for request and |
|
|
exchange methods for paper and electronic records; and |
|
|
(J) items related to the designated record set, |
|
|
including care coordination, benefits verification, and financial |
|
|
information; |
|
|
(2) an explanation of the most common provider and |
|
|
consumer misperceptions of the law; |
|
|
(3) current information-sharing strategies and |
|
|
initiatives across this state; and |
|
|
(4) recommendations to improve or streamline access, |
|
|
use, and information-sharing rules and processes. |
|
|
(c) The executive commissioner shall review the |
|
|
commission's recommendations in the annual report and shall adopt |
|
|
by rule acceptable recommendations. |
|
|
SECTION 2. Not later than September 1, 2018, the Health and |
|
|
Human Services Commission shall publish the initial report required |
|
|
by Section 181.105, Health and Safety Code, as added by this Act. |
|
|
SECTION 3. 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, 2017. |