Texas 2009 - 81st Regular

Texas Senate Bill SB2423 Compare Versions

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1	1	S.B. No. 2423
2	2
3	3
4	4	AN ACT
5	5	relating to the transfer or sale of patient information or
6	6	prescription drug history by discount health care programs;
7	7	providing penalties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subdivisions (3) and (4), Section 76.001, Health
10	10	and Safety Code, are amended to read as follows:
11	11	(3) "Discount health care program" means a business
12	12	arrangement or contract in which an entity, in exchange for fees,
13	13	dues, charges, or other consideration, offers its members access to
14	14	discounts on health care services provided by health care
15	15	providers. The term does not include an insurance policy,
16	16	certificate of coverage, or other product regulated by the Texas
17	17	Department of Insurance or a self-funded or self-insured employee
18	18	benefit plan. For purposes of this subsection, consideration
19	19	includes patient information or patient prescription drug history
20	20	provided by members, if the entity engages in the transfer or sale
21	21	of such patient information, patient prescription drug history, or
22	22	drug manufacturer rebates.
23	23	(4) "Discount health care program operator" means a
24	24	person who, in exchange for fees, dues, charges, or other
25	25	consideration, operates a discount health care program and
26	26	contracts with providers, provider networks, or other discount
27	27	health care program operators to offer access to health care
28	28	services at a discount and determines the charge to members. For
29	29	purposes of this subsection, consideration includes patient
30	30	information or patient prescription drug history provided by
31	31	members, if the person engages in the transfer or sale of such
32	32	patient information, patient prescription drug history, or drug
33	33	manufacturer rebates.
34	34	SECTION 2. Section 76.053, Health and Safety Code, is
35	35	amended by adding Subsection (a-1) and amending Subsection (b) to
36	36	read as follows:
37	37	(a-1) If a program operator engages in the transfer or sale
38	38	of a member's patient information or patient prescription drug
39	39	history, the program operator shall, before enrollment, provide
40	40	each prospective member disclosure materials describing the
41	41	program operator's practices regarding such transfer or sale.
42	42	(b) A marketer shall use disclosure materials that comply
43	43	with this section [Subsection (a)].
44	44	SECTION 3. Title 21, Insurance Code, is amended by adding
45	45	Chapter 7002 to read as follows:
46	46	CHAPTER 7002. SUPPLEMENTAL PROVISIONS RELATING TO DISCOUNT HEALTH
47	47	CARE OPERATORS
48	48	Sec. 7002.001. DEFINITION. For purposes of Chapters 562
49	49	and 7001, Insurance Code, consideration provided to a discount
50	50	health care program or a discount health care program operator
51	51	includes patient information or patient prescription drug history
52	52	provided by members, if the entity engages in the transfer or sale
53	53	of such patient information, patient prescription drug history, or
54	54	drug manufacturer rebates.
55	55	Sec. 7002.002. REQUIRED DISCLOSURE. If a discount health
56	56	care program operator engages in the transfer or sale of a member's
57	57	patient information or patient prescription drug history, the
58	58	program operator shall, before enrollment, provide each
59	59	prospective member disclosure materials describing the program
60	60	operator's practices regarding such transfer or sale.
61	61	Sec. 7002.003. VIOLATION; PENALTIES. A violation of this
62	62	chapter may be enforced in the same manner as a violation of Chapter
63	63	562 or 7001.
64	64	SECTION 4. (a) Sections 1 and 2 of this Act take effect
65	65	only if House Bill No. 4341 or Senate Bill No. 2339, Acts of the 81st
66	66	Legislature, Regular Session, 2009, or another Act of the 81st
67	67	Legislature, Regular Session, 2009, enacting Chapter 562 and Title
68	68	21, Insurance Code, concerning discount health care programs is not
69	69	enacted or does not become law.
70	70	(b) Section 3 of this Act takes effect only if House Bill No.
71	71	4341 or Senate Bill No. 2339, Acts of the 81st Legislature, Regular
72	72	Session, 2009, or another Act of the 81st Legislature, Regular
73	73	Session, 2009, enacting Chapter 562 and Title 21, Insurance Code,
74	74	concerning discount health care programs is enacted and becomes
75	75	law.
76	76	SECTION 5. This Act takes effect September 1, 2009.
77	77	______________________________ ______________________________
78	78	President of the Senate Speaker of the House
79	79	I hereby certify that S.B. No. 2423 passed the Senate on
80	80	May 1, 2009, by the following vote: Yeas 31, Nays 0;
81	81	May 21, 2009, Senate refused to concur in House amendments and
82	82	requested appointment of Conference Committee; May 23, 2009, House
83	83	granted request of the Senate; May 30, 2009, Senate adopted
84	84	Conference Committee Report by the following vote: Yeas 31,
85	85	Nays 0.
86	86	______________________________
87	87	Secretary of the Senate
88	88	I hereby certify that S.B. No. 2423 passed the House, with
89	89	amendments, on May 15, 2009, by the following vote: Yeas 144,
90	90	Nays 0, one present not voting; May 23, 2009, House granted request
91	91	of the Senate for appointment of Conference Committee;
92	92	May 28, 2009, House adopted Conference Committee Report by the
93	93	following vote: Yeas 141, Nays 0, two present not voting.
94	94	______________________________
95	95	Chief Clerk of the House
96	96	Approved:
97	97	______________________________
98	98	Date
99	99	______________________________
100	100	Governor