| 1 | 1 | | 85R12572 LED-F |
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| 2 | 2 | | By: Price H.B. No. 2896 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an annual report on laws regarding access, use, and |
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| 8 | 8 | | sharing of protected health information. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 181, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 181.105 to read as follows: |
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| 12 | 12 | | Sec. 181.105. ANNUAL REPORT ON PROTECTED HEALTH INFORMATION |
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| 13 | 13 | | LAWS. (a) The commission shall prepare an annual report that |
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| 14 | 14 | | reviews and provides clarification of state and federal laws |
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| 15 | 15 | | regarding access, use, and sharing of protected health information |
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| 16 | 16 | | for covered entities and consumers. |
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| 17 | 17 | | (b) The annual report under Subsection (a) must contain: |
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| 18 | 18 | | (1) the least restrictive legal interpretation, as |
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| 19 | 19 | | determined by the commission, relating to: |
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| 20 | 20 | | (A) integrated health care information; |
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| 21 | 21 | | (B) protection of and communication regarding |
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| 22 | 22 | | substance use disorder patient records under 42 C.F.R. Part 2; |
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| 23 | 23 | | (C) mental health progress notes, process notes, |
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| 24 | 24 | | and treatment plans; |
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| 25 | 25 | | (D) child health information; |
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| 26 | 26 | | (E) minimum information required for streamlined |
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| 27 | 27 | | consent processes; |
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| 28 | 28 | | (F) permission-based storage and viewing |
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| 29 | 29 | | processes; |
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| 30 | 30 | | (G) transparency and parity issues regarding |
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| 31 | 31 | | medical record components and benefit verifications; |
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| 32 | 32 | | (H) standards for deidentifying personal patient |
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| 33 | 33 | | information; |
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| 34 | 34 | | (I) differences provided in rules for request and |
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| 35 | 35 | | exchange methods for paper and electronic records; and |
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| 36 | 36 | | (J) items related to the designated record set, |
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| 37 | 37 | | including care coordination, benefits verification, and financial |
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| 38 | 38 | | information; |
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| 39 | 39 | | (2) an explanation of the most common provider and |
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| 40 | 40 | | consumer misperceptions of the law; |
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| 41 | 41 | | (3) current information-sharing strategies and |
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| 42 | 42 | | initiatives across this state; and |
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| 43 | 43 | | (4) recommendations to improve or streamline access, |
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| 44 | 44 | | use, and information-sharing rules and processes. |
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| 45 | 45 | | (c) The executive commissioner shall review the |
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| 46 | 46 | | commission's recommendations in the annual report and shall adopt |
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| 47 | 47 | | by rule acceptable recommendations. |
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| 48 | 48 | | SECTION 2. Not later than September 1, 2018, the Health and |
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| 49 | 49 | | Human Services Commission shall publish the initial report required |
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| 50 | 50 | | by Section 181.105, Health and Safety Code, as added by this Act. |
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| 51 | 51 | | SECTION 3. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2017. |
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