Texas Senate Bill SB622

Texas 2011 - 82nd Regular

• Out of Senate Committee: 3/14/11
• Introduced: 2/11/11
• Voted on by Senate: 3/24/11
• Refer: 2/17/11
• Out of House Committee: 5/21/11
• Report Pass: 3/14/11
• Engrossed: 3/24/11
• Refer: 4/28/11
• Report Pass: 5/18/11

Caption

Relating to the privacy of protected health information; providing administrative and civil penalties.

Impact

The introduction of SB 622 is expected to create a stricter regulatory environment surrounding the handling of protected health information, encouraging entities to uphold higher standards of compliance with privacy regulations. Coverage under this bill extends to various healthcare providers and firms that handle personal health information, requiring them to adopt robust security measures and informed consent processes. Furthermore, the bill aligns state laws with federal standards such as the Health Insurance Portability and Accountability Act (HIPAA).

Summary

Senate Bill 622 aims to enhance the privacy of protected health information by prohibiting certain disclosures without explicit authorization. The bill stipulates that entities must secure specific consent from individuals before they can electronically disclose their health information. The legislation outlines that breaches of these protocols could lead to administrative and civil penalties, which can be as much as $3,000 per violation, with an annual limit of $1.5 million based on the severity and frequency of the violations.

Contention

There are potential points of contention surrounding the implementation of this bill, especially regarding the balance between ensuring patient privacy and allowing timely access to medical data for necessary treatments. Critics may argue that the stringent requirements for consent and disclosure could hinder healthcare providers' ability to deliver efficient care to patients. Additionally, the financial penalties imposed on entities for non-compliance may raise concerns about the feasibility of maintaining compliance among smaller healthcare organizations, which may not have the resources to implement extensive privacy protocols.