Texas Senate Bill SB1574

Texas 2017 - 85th Regular

Caption

Relating to the electronic sharing of protected health information and certification of and enforcement actions against certain covered entities.

Impact

One of the significant impacts of SB1574 is the establishment of a legal framework that provides incentives for covered entities to secure certification, thus promoting enhanced privacy standards. It modifies existing law to exempt certified entities from certain civil penalties unless their actions result from gross negligence or intentional misconduct. This change seeks to encourage compliance among healthcare providers and organizations by making it in their interest to meet certification standards, potentially reducing the number of violations and breaches of health information privacy.

Summary

Senate Bill 1574 addresses the electronic sharing of protected health information and focuses on the enforcement actions against certain covered entities under the Texas Health and Safety Code. The bill aims to create a structured process for organizations to apply for privacy and security certifications while ensuring compliance with the Health Insurance Portability and Accountability Act (HIPAA) and other related state and federal laws. This certification process aims to enhance the overall management and protection of individually identifiable health information shared electronically among entities.

Contention

While SB1574 aims to streamline the certification process and enhance the security of electronic health information, there may be contention related to how the enforcement mechanism distinguishes between negligence and intentional conduct. Critics may argue that the threshold for enforcement is too high under the proposed exemptions, which could potentially allow some vulnerable entities to evade accountability for significant breaches. Furthermore, as privacy and security regulations evolve, the effectiveness of this bill in truly safeguarding health information and maintaining public trust in electronic health exchanges continues to be a point of discussion among stakeholders.