| 4 | 6 | | AN ACT |
|---|
| 5 | 7 | | relating to the disclosure of certain information regarding the |
|---|
| 6 | 8 | | occurrence of communicable diseases in residential facilities. |
|---|
| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 10 | | SECTION 1. Section 81.046(b), Health and Safety Code, is |
|---|
| 9 | 11 | | amended to read as follows: |
|---|
| 10 | 12 | | (b) Reports, records, and information relating to cases or |
|---|
| 11 | 13 | | suspected cases of diseases or health conditions are not public |
|---|
| 12 | 14 | | information under Chapter 552, Government Code, and may not be |
|---|
| 13 | 15 | | released or made public on subpoena or otherwise except as provided |
|---|
| 14 | 16 | | by: |
|---|
| 15 | 17 | | (1) Subsections (c), (c-1), (d), and (f); and |
|---|
| 16 | 18 | | (2) Section 181.060. |
|---|
| 17 | 19 | | SECTION 2. Subchapter B, Chapter 181, Health and Safety |
|---|
| 18 | 20 | | Code, is amended by adding Section 181.060 to read as follows: |
|---|
| 19 | 21 | | Sec. 181.060. INFORMATION REGARDING COMMUNICABLE DISEASES |
|---|
| 20 | 22 | | IN CERTAIN FACILITIES. (a) In this section: |
|---|
| 21 | 23 | | (1) "Communicable disease" has the meaning assigned by |
|---|
| 22 | 24 | | Section 81.003. |
|---|
| 23 | 25 | | (2) "Facility" means: |
|---|
| 24 | 26 | | (A) a nursing facility licensed under Chapter |
|---|
| 25 | 27 | | 242; |
|---|
| 26 | 28 | | (B) a continuing care facility licensed under |
|---|
| 27 | 29 | | Chapter 246; and |
|---|
| 28 | 30 | | (C) an assisted living facility licensed under |
|---|
| 29 | 31 | | Chapter 247. |
|---|
| 30 | 32 | | (3) "Resident" means an individual, including a |
|---|
| 31 | 33 | | patient, who resides in a facility. |
|---|
| 32 | 34 | | (b) In this chapter, protected health information does not |
|---|
| 33 | 35 | | include information that identifies: |
|---|
| 34 | 36 | | (1) the name or location of a facility in which |
|---|
| 35 | 37 | | residents have been diagnosed with a communicable disease; or |
|---|
| 36 | 38 | | (2) the number of residents who have been diagnosed |
|---|
| 37 | 39 | | with a communicable disease in a facility. |
|---|
| 38 | 40 | | (c) Unless made confidential under other law, the |
|---|
| 39 | 41 | | information described by Subsection (b) is not confidential and is |
|---|
| 40 | 42 | | subject to disclosure under Chapter 552, Government Code. |
|---|
| 41 | 43 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|
| 42 | | - | ______________________________ ______________________________ |
|---|
| 43 | | - | President of the Senate Speaker of the House |
|---|
| 44 | | - | I hereby certify that S.B. No. 930 passed the Senate on |
|---|
| 45 | | - | March 31, 2021, by the following vote: Yeas 31, Nays 0. |
|---|
| 46 | | - | ______________________________ |
|---|
| 47 | | - | Secretary of the Senate |
|---|
| 48 | | - | I hereby certify that S.B. No. 930 passed the House on |
|---|
| 49 | | - | May 8, 2021, by the following vote: Yeas 142, Nays 0, one present |
|---|
| 50 | | - | not voting. |
|---|
| 51 | | - | ______________________________ |
|---|
| 52 | | - | Chief Clerk of the House |
|---|
| 53 | | - | Approved: |
|---|
| 54 | | - | ______________________________ |
|---|
| 55 | | - | Date |
|---|
| 56 | | - | ______________________________ |
|---|
| 57 | | - | Governor |
|---|