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