| 1 | 1 | | By: Kolkhorst S.B. No. 882 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the disclosure of certain information regarding the |
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| 7 | 7 | | occurrence of communicable diseases in residential facilities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 81.046(b), Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (b) Except as provided by Section 181.060, reports |
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| 12 | 12 | | [Reports], records, and information relating to cases or suspected |
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| 13 | 13 | | cases of diseases or health conditions are not public information |
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| 14 | 14 | | under Chapter 552, Government Code, and may not be released or made |
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| 15 | 15 | | public on subpoena or otherwise except as provided by Subsections |
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| 16 | 16 | | (c), (c-1), (d), and (f) or Section 181.060. |
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| 17 | 17 | | SECTION 2. Subchapter B, Chapter 181, Health and Safety |
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| 18 | 18 | | Code, is amended by adding Section 181.060 to read as follows: |
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| 19 | 19 | | Sec. 181.060. INFORMATION REGARDING COMMUNICABLE DISEASES |
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| 20 | 20 | | IN CERTAIN FACILITIES. (a) In this section: |
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| 21 | 21 | | (1) "Communicable disease" has the meaning assigned by |
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| 22 | 22 | | Section 81.003. |
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| 23 | 23 | | (2) "Facility" means: |
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| 24 | 24 | | (A) a nursing facility licensed under Chapter |
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| 25 | 25 | | 242; |
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| 26 | 26 | | (B) a continuing care facility licensed under |
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| 27 | 27 | | Chapter 246; and |
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| 28 | 28 | | (C) an assisted living facility licensed under |
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| 29 | 29 | | Chapter 247. |
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| 30 | 30 | | (3) "Resident" means an individual, including a |
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| 31 | 31 | | patient, who resides in a facility. |
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| 32 | 32 | | (b) In this chapter, protected health information does not |
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| 33 | 33 | | include information that identifies: |
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| 34 | 34 | | (1) the name or location of a facility in which |
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| 35 | 35 | | residents have been diagnosed with a communicable disease; or |
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| 36 | 36 | | (2) the number of residents who have been diagnosed |
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| 37 | 37 | | with a communicable disease in a facility. |
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| 38 | 38 | | (c) Unless made confidential under other law, the |
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| 39 | 39 | | information described by Subsection (b) is not confidential and is |
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| 40 | 40 | | subject to disclosure under Chapter 552, Government Code. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2021. |
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