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