Bill Text: TX HB3468 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a patient's access to health records; authorizing a civil penalty; authorizing fees.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2023-05-10 - Committee report sent to Calendars [HB3468 Detail]
Download: Texas-2023-HB3468-Introduced.html
Bill Title: Relating to a patient's access to health records; authorizing a civil penalty; authorizing fees.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2023-05-10 - Committee report sent to Calendars [HB3468 Detail]
Download: Texas-2023-HB3468-Introduced.html
88R11260 LRM-F | ||
By: Capriglione | H.B. No. 3468 |
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relating to a patient's access to health records; authorizing a | ||
civil penalty; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 15.05, Business & Commerce Code, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) It is unlawful for a person to place a restraint on | ||
trade or commerce by intentionally violating federal laws | ||
regulating information blocking, as that term is defined by 45 | ||
C.F.R. Section 171.103. | ||
SECTION 2. Section 181.004(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A covered entity, as that term is defined by 45 C.F.R. | ||
Section 160.103, shall comply with: | ||
(1) the Health Insurance Portability and | ||
Accountability Act and Privacy Standards; and | ||
(2) federal laws regulating information blocking, as | ||
that term is defined by 45 C.F.R. Section 171.103. | ||
SECTION 3. Section 181.102, Health and Safety Code, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) Except as provided by Subsection (b), a health care | ||
provider's violation of federal laws regulating information | ||
blocking, as that term is defined by 45 C.F.R. Section 171.103, | ||
constitutes a violation of Subsection (a). | ||
SECTION 4. Subchapter C, Chapter 181, Health and Safety | ||
Code, is amended by adding Section 181.1025 to read as follows: | ||
Sec. 181.1025. PATIENT OWNERSHIP OF AND ACCESS TO HEALTH | ||
RECORDS. (a) The health records of a patient, including electronic | ||
health records, and the medical information contained in those | ||
records is considered the patient's property. Subject to payment | ||
of any required fees under this section, a patient is entitled to | ||
copies of the patient's health records on request. | ||
(b) A covered entity that receives a request from a patient | ||
for a copy of the patient's health records may charge a fee to | ||
produce those records as follows: | ||
(1) for a physical copy of the records, a fee in an | ||
amount not to exceed the lesser of $15 or 50 cents per page; | ||
(2) for a copy of a filmed record, including a | ||
radiogram, X-ray, and sonogram, a fee in a reasonable amount | ||
determined by the commission; and | ||
(3) for an electronic copy of the records: | ||
(A) no fee to the extent the entity maintains the | ||
health records in an electronic format; or | ||
(B) a fee in a reasonable amount determined by | ||
the commission to the extent the entity does not maintain the health | ||
records in an electronic format. | ||
(c) A covered entity may require a patient to submit a | ||
written or electronic request for copies of the patient's health | ||
records but may not require a patient to submit a request by | ||
facsimile. | ||
(d) A covered entity may not enter into a contract with a | ||
person that includes terms restricting a patient or the patient's | ||
representative from accessing the patient's health records. Any | ||
contract clause or provision that restricts a patient's access to | ||
the patient's health records is unenforceable. | ||
SECTION 5. Section 181.201, Health and Safety Code, is | ||
amended by amending Subsections (b) and (d) and adding Subsections | ||
(g) and (h) to read as follows: | ||
(b) In addition to the injunctive relief provided by | ||
Subsection (a), the attorney general may institute an action for | ||
civil penalties against a covered entity for a violation of this | ||
chapter, other than a violation of Sections 181.102 and | ||
181.1025. A civil penalty assessed under this section may not | ||
exceed: | ||
(1) $5,000 for each violation that occurs in one year, | ||
regardless of how long the violation continues during that year, | ||
committed negligently; | ||
(2) $25,000 for each violation that occurs in one | ||
year, regardless of how long the violation continues during that | ||
year, committed knowingly or intentionally; or | ||
(3) $250,000 for each violation in which the covered | ||
entity knowingly or intentionally used protected health | ||
information for financial gain. | ||
(d) In determining the amount of a penalty imposed under | ||
Subsections [ |
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(1) the seriousness of the violation, including the | ||
nature, circumstances, extent, and gravity of the disclosure; | ||
(2) the covered entity's compliance history; | ||
(3) whether the violation poses a significant risk of | ||
financial, reputational, or other harm to an individual whose | ||
protected health information is involved in the violation; | ||
(4) whether the covered entity was certified at the | ||
time of the violation as described by Section 182.108; | ||
(5) the amount necessary to deter a future violation; | ||
and | ||
(6) the covered entity's efforts to correct the | ||
violation. | ||
(g) In addition to the injunctive relief provided by | ||
Subsection (a), the attorney general may institute an action for | ||
civil penalties against a covered entity for a violation of | ||
Sections 181.102 and 181.1025. A civil penalty assessed under this | ||
subsection may not exceed: | ||
(1) $10,000 for each negligent violation, regardless | ||
of the length of time the violation continues during any year; or | ||
(2) $250,000 for each intentional violation, | ||
regardless of the length of time the violation continues during any | ||
year. | ||
(h) If the court in a pending action under Subsection (g) | ||
finds that the violations occurred with a frequency as to | ||
constitute a pattern or practice, the court may assess additional | ||
civil penalties for each violation. | ||
SECTION 6. If any provision of this Act or its application | ||
to any person or circumstance is held invalid, the invalidity does | ||
not affect other provisions or applications of this Act which can be | ||
given effect without the invalid provision or application, and to | ||
this end the provisions of this Act are severable. | ||
SECTION 7. The changes in law made by this Act apply only to | ||
a violation of law that occurs on or after the effective date of | ||
this Act. A violation that occurs before the effective date of this | ||
Act is governed by the law in effect on the date the violation | ||
occurred, and the former law is continued in effect for that | ||
purpose. For purposes of this section, a violation of law occurred | ||
before the effective date of this Act if any element of the | ||
violation occurred before that date. | ||
SECTION 8. This Act takes effect September 1, 2023. |