Texas 2015 - 84th Regular

Texas House Bill HB764 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: King of Taylor, et al. H.B. No. 764
2		-	(Senate Sponsor - Rodríguez)
3		-	(In the Senate - Received from the House May 6, 2015;
4		-	May 11, 2015, read first time and referred to Committee on Health
5		-	and Human Services; May 20, 2015, reported favorably by the
6		-	following vote: Yeas 7, Nays 0; May 20, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 764
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the use, collection, and security of health care data
13	6		collected by the Department of State Health Services.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Section 108.009, Health and Safety Code, is
16	9		amended by adding Subsection (c) to read as follows:
17	10		(c) The department or another entity as determined by the
18	11		department to collect data from a provider under Subsection (a)
19	12		shall maintain a database that does not include identifying
20	13		information for use as authorized by law, including this chapter.
21	14		SECTION 2. Chapter 108, Health and Safety Code, is amended
22	15		by adding Section 108.0095 to read as follows:
23	16		Sec. 108.0095. NOTIFICATION OF DATA COLLECTION. (a) A
24	17		provider shall provide to a patient whose data is being collected
25	18		under this chapter written notice on a form prescribed by the
26	19		department of the collection of the patient's data for health care
27	20		purposes.
28	21		(b) The notice provided under this section must include the
29	22		name of the agency or entity receiving the data and of an individual
30	23		within the agency or entity whom the patient may contact regarding
31	24		the collection of data.
32	25		(c) The department shall include the notice required under
33	26		this section on an existing department form and make the form
34	27		available on the department's Internet website.
35	28		SECTION 3. Section 108.011(d), Health and Safety Code, as
36	29		amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
37	30		2015, is amended to read as follows:
38	31		(d) The executive commissioner shall adopt procedures to
39	32		establish the accuracy and consistency of the public use data
40	33		before releasing the public use data to the public. The department
41	34		may adopt additional procedures as the department determines
42	35		necessary. The procedures adopted under this subsection must meet
43	36		available best practices and national standards for public research
44	37		on and consumer use of health care data collected by governmental
45	38		agencies.
46	39		SECTION 4. Section 108.013(a), Health and Safety Code, as
47	40		amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
48	41		2015, is amended to read as follows:
49	42		(a) The data received by the department under this chapter
50	43		shall be used by the department and commission only for the benefit
51	44		of the public. Subject to specific limitations established by this
52	45		chapter and department rule, the department shall make
53	46		determinations on requests for information in favor of access.
54	47		SECTION 5. Chapter 108, Health and Safety Code, is amended
55	48		by adding Section 108.0132 to read as follows:
56	49		Sec. 108.0132. PROHIBITED CHARGE TO CERTAIN STATE AGENCIES
57	50		FOR DATA. The department may not charge a fee to the commission or
58	51		any other health and human services agency for the use of any data
59	52		collected under this chapter.
60	53		SECTION 6. Chapter 108, Health and Safety Code, is amended
61	54		by adding Section 108.0136 to read as follows:
62	55		Sec. 108.0136. REPORT; NOTIFICATION OF CYBER ATTACK. (a)
63	56		The department shall prepare for the commissioner an annual report
64	57		describing the security measures taken to protect data collected
65	58		under this chapter and any breaches, attempted cyber attacks, and
66	59		security issues related to the data that are encountered during the
67	60		calendar year.
68	61		(b) The report described by this section is not subject to
69	62		Chapter 552, Government Code, but may be released on request to a
70	63		member of the legislature.
71	64		(c) If a cyber attack occurs targeting data collected under
72	65		this chapter, the department shall notify the Department of Public
73	66		Safety of the State of Texas and the Federal Bureau of Investigation
74	67		of the attack.
75	68		SECTION 7. This Act takes effect September 1, 2015.
76		-	* * * * *
	69	+	______________________________ ______________________________
	70	+	President of the Senate Speaker of the House
	71	+	I certify that H.B. No. 764 was passed by the House on May 5,
	72	+	2015, by the following vote: Yeas 145, Nays 0, 2 present, not
	73	+	voting.
	74	+	______________________________
	75	+	Chief Clerk of the House
	76	+	I certify that H.B. No. 764 was passed by the Senate on May
	77	+	23, 2015, by the following vote: Yeas 31, Nays 0.
	78	+	______________________________
	79	+	Secretary of the Senate
	80	+	APPROVED: _____________________
	81	+	Date
	82	+	_____________________
	83	+	Governor