84R1118 SCL-D
By: King of Taylor H.B. No. 764
A BILL TO BE ENTITLED
AN ACT
relating to the use, collection, and security of health care data
collected by the Department of State Health Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 108.009, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The council may collect, and, except as provided by
Subsection [Subsections (c) and] (d), providers shall submit to the
council or another entity as determined by the council, all data
required by this section. The data shall be collected according to
uniform submission formats, coding systems, and other technical
specifications necessary to make the incoming data substantially
valid, consistent, compatible, and manageable using electronic
data processing, if available.
(c) The council or another entity as determined by the
council to collect data from a provider under Subsection (a) shall
remove all sensitive identifying information, including social
security numbers and birth dates, from the collected data.
SECTION 2. Chapter 108, Health and Safety Code, is amended
by adding Section 108.0095 to read as follows:
Sec. 108.0095. NOTIFICATION OF DATA COLLECTION. (a) A
provider shall provide to a patient whose data is being collected
under this chapter written notice on a form prescribed by the
department of the collection of the patient's data for health care
purposes.
(b) The notice provided under this section must include the
name of the agency or entity receiving the data and an individual
within the agency or entity whom the patient may contact regarding
the collection of data.
(c) The department shall develop a form for the notice
required under this section and make the form available on the
department's Internet website.
SECTION 3. Section 108.011(d), Health and Safety Code, is
amended to read as follows:
(d) The council shall adopt procedures to establish the
accuracy and consistency of the public use data before releasing
the public use data to the public. The procedures must meet best
practices and national standards for public research on and
consumer use of health care data collected by governmental
agencies.
SECTION 4. Section 108.013(a), Health and Safety Code, is
amended to read as follows:
(a) The data received by the department under this chapter
shall only be used by the department and commission for the benefit
of the public. Subject to specific limitations established by this
chapter and executive commissioner rule, the department shall make
determinations on requests for information in favor of access.
SECTION 5. Section 108.0131, Health and Safety Code, is
amended to read as follows:
Sec. 108.0131. LIST OF [PURCHASERS OR] RECIPIENTS OF
DATA. The department shall post on the department's Internet
website a list of each entity that [purchases or] receives data
collected under this chapter.
SECTION 6. Chapter 108, Health and Safety Code, is amended
by adding Sections 108.0132 and 108.0136 to read as follows:
Sec. 108.0132. PROHIBITED SALE OF DATA. The department may
not sell any data collected under this chapter.
Sec. 108.0136. REPORT; NOTIFICATION OF CYBER ATTACK. (a)
The department shall prepare for the commissioner an annual report
describing the security measures taken to protect data collected
under this chapter and any breaches, attempted cyber attacks, and
security issues related to the data that are encountered during the
calendar year.
(b) The report described by this section is not subject to
Chapter 552, Government Code, but may be released on request to a
member of the legislature.
(c) If a cyber attack occurs targeting data collected under
this chapter, the department shall notify the Department of Public
Safety of the State of Texas and the Federal Bureau of Investigation
of the attack.
SECTION 7. Not later than January 1, 2016, the Department of
State Health Services shall develop a transition plan to prohibit
the sale of data collected under Chapter 108, Health and Safety
Code, as amended by this Act.
SECTION 8. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2015.
(b) Section 108.0131, Health and Safety Code, as amended by
this Act, and Section 108.0132, Health and Safety Code, as added by
this Act, take effect September 1, 2017.