Texas 2023 - 88th Regular

Texas House Bill HB4589 Compare Versions

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Version 2 (New)

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1	1	88R12984 JG-D
2	2	By: Vasut H.B. No. 4589
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restrictions on the use of digital identification
8	8	systems for patient health care records.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle I, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 183 to read as follows:
12	12	CHAPTER 183. DIGITAL IDENTIFICATION SYSTEMS FOR HEALTH CARE
13	13	RECORDS
14	14	Sec. 183.001. DEFINITIONS. In this chapter:
15	15	(1) "Covered entity" has the meaning assigned by
16	16	Section 181.001.
17	17	(2) "Digital identification system" means an
18	18	electronic system that uses digital technology throughout the
19	19	process of identifying an individual, including:
20	20	(A) data capture, validation, storage, and
21	21	transfer;
22	22	(B) credential management; and
23	23	(C) identity verification and authentication.
24	24	(3) "Health care provider" means a person who is
25	25	licensed, certified, or otherwise authorized to provide or render
26	26	health care in this state in the ordinary course of business or
27	27	practice of a profession.
28	28	Sec. 183.002. CONSENT REQUIREMENT FOR USE OF DIGITAL
29	29	IDENTIFICATION SYSTEMS. (a) Unless a covered entity or health care
30	30	provider obtains a patient's written informed consent, the entity
31	31	or provider may not:
32	32	(1) use a digital identification system, including a
33	33	system created or operated by this state, to store a patient's
34	34	health care records, including genetic or biological information;
35	35	or
36	36	(2) require the use of a digital identification system
37	37	for a patient to access the patient's health care records.
38	38	(b) A health care provider may not coerce a patient to
39	39	consent to the use of a digital identification system, including by
40	40	requiring consent as a condition of receiving health care services
41	41	or treatment from the provider.
42	42	Sec. 183.003. COMMERCIAL USE PROHIBITED WITHOUT
43	43	COMPENSATION. A covered entity or health care provider who obtains
44	44	a patient's written informed consent under Section 183.002 may not
45	45	use the patient's health care records for commercial gain in any
46	46	manner unless the entity or provider provides reasonable
47	47	compensation to the patient.
48	48	Sec. 183.004. CONFIDENTIALITY. (a) A covered entity or
49	49	health care provider who obtains a patient's written informed
50	50	consent under Section 183.002 shall ensure the patient's health
51	51	care records are kept confidential in accordance with applicable
52	52	state and federal law.
53	53	(b) A covered entity or health care provider shall ensure
54	54	that a patient's health care records do not include identifying
55	55	information when the entity or provider shares the records in
56	56	accordance with the patient's written informed consent provided
57	57	under Section 183.002.
58	58	Sec. 183.005. ENFORCEMENT. A violation of this chapter by a
59	59	covered entity or health care provider constitutes a violation of
60	60	Chapter 181 and the entity or provider is subject to enforcement
61	61	actions under Subchapter E of that chapter, including disciplinary
62	62	action by the appropriate licensing authority.
63	63	Sec. 183.006. RULES. The executive commissioner shall
64	64	adopt rules to implement this chapter.
65	65	SECTION 2. Chapter 183, Health and Safety Code, as added by
66	66	this Act, applies only to the use of a digital identification system
67	67	that occurs on or after the effective date of this Act.
68	68	SECTION 3. This Act takes effect September 1, 2023.