Texas Senate Bill SB1937

Texas 2015 - 84th Regular

Caption

Relating to civil penalties levied and disciplinary proceedings conducted against certain covered entities.

Impact

One of the notable amendments introduced by SB1937 is the limitation placed on the attorney general and licensing agencies regarding enforcement actions against entities that were certified at the time of the violation. Specifically, civil penalties and disciplinary proceedings cannot be pursued unless the entity's failure is due to gross negligence or intentional misconduct. This change could lead to a reduced number of enforcement actions against compliant entities while emphasizing accountability for serious violations.

Summary

SB1937 aims to amend existing provisions under the Health and Safety Code regarding civil penalties and disciplinary actions against certain covered entities. Under the proposed changes, the determination of penalty amounts will take into account various factors including the seriousness of the violation, the compliance history of the entity, and the potential harm posed to individuals whose protected health information is involved in the violation. This bill seeks to create a nuanced approach to enforcement that considers the actions and intent of the covered entities involved.

Contention

The discussions around SB1937 may highlight significant differences in opinion regarding the balance between enforcing regulations and providing protection to compliant healthcare entities. Supporters may argue that these changes will reduce undue penalties on organizations that act in good faith, while critics may express concerns that such provisions might weaken the overall enforcement capability against serious breaches of health regulations. The focus on mitigating factors at the time of a violation may also instigate dialogue on public safety and the responsibilities of healthcare providers.