Texas House Bill HCR78

Texas 2019 - 86th Regular

Caption

Approving the settlement agreement between the State of Texas and the U.S. Department of Health and Human Services, Office for Civil Rights.

Impact

The bill has an important impact on state laws regarding the handling of health information. The settlement agreement includes a financial component whereby the Texas Health and Human Services Commission (TX HHS) is required to pay $1,600,000. Additionally, it demands compliance with a Corrective Action Plan (CAP) to address the identified shortcomings in safeguarding ePHI. This Plan’s fulfillment will be monitored and is conditioned on legislative appropriations of necessary funds. The approval of this resolution is crucial as it commits the state to ongoing expenses related to health information management and compliance with federal regulations.

Summary

HCR78 is a House Concurrent Resolution concerning a settlement agreement between the State of Texas and the U.S. Department of Health and Human Services, specifically its Office for Civil Rights. The resolution addresses a breach of electronic protected health information (ePHI) that occurred due to failures by the Department of Aging and Disability Services (DADS). On June 11, 2015, an incident was reported where unsecured ePHI was impermissibly disclosed, impacting approximately 6,617 individuals. The subsequent investigation by the OCR found that DADS did not adequately assess the risks associated with ePHI, nor did it implement proper policies and procedures to secure its electronic information systems.

Sentiment

Overall sentiment surrounding HCR78 has been pragmatic, focused on the necessity of rectifying past breaches to restore trust in the state’s handling of health data. Supporters view this resolution as a vital step towards establishing oversight and compliance standards that not only rectify past errors but also enhance future security measures. However, there are concerns among some stakeholders regarding the financial implications of the settlement on the state's budget and the effectiveness of the CAP in preventing future breaches.

Contention

Notably, the contention centers on the financial obligations of the state as outlined in the settlement. Critics emphasize the potential for increased state expenditures due to the CAP and ongoing compliance requirements, which may affect allocations for other essential services. Additionally, there exist broader concerns regarding privacy and the adequacy of measures implemented to protect ePHI, which have sparked discussions about the effectiveness of current health information security protocols and the responsibilities of state agencies.