Bill Text: TX HB764 | 2015-2016 | 84th Legislature | Enrolled

Texas House Bill 764 (Prior Session Legislation)

Bill Title: Relating to the use, collection, and security of health care data collected by the Department of State Health Services.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2015-06-09 - Effective on 9/1/15 [HB764 Detail]

Download: Texas-2015-HB764-Enrolled.html



	H.B. No. 764




	AN ACT
	relating to the use, collection, and security of health care data
	collected by the Department of State Health Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 108.009, Health and Safety Code, is
	amended by adding Subsection (c) to read as follows:
	(c) The department or another entity as determined by the
	department to collect data from a provider under Subsection (a)
	shall maintain a database that does not include identifying
	information for use as authorized by law, including this chapter.
	SECTION 2. Chapter 108, Health and Safety Code, is amended
	by adding Section 108.0095 to read as follows:
	Sec. 108.0095. NOTIFICATION OF DATA COLLECTION. (a) A
	provider shall provide to a patient whose data is being collected
	under this chapter written notice on a form prescribed by the
	department of the collection of the patient's data for health care
	purposes.
	(b) The notice provided under this section must include the
	name of the agency or entity receiving the data and of an individual
	within the agency or entity whom the patient may contact regarding
	the collection of data.
	(c) The department shall include the notice required under
	this section on an existing department form and make the form
	available on the department's Internet website.
	SECTION 3. Section 108.011(d), Health and Safety Code, as
	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
	2015, is amended to read as follows:
	(d) The executive commissioner shall adopt procedures to
	establish the accuracy and consistency of the public use data
	before releasing the public use data to the public. The department
	may adopt additional procedures as the department determines
	necessary. The procedures adopted under this subsection must meet
	available best practices and national standards for public research
	on and consumer use of health care data collected by governmental
	agencies.
	SECTION 4. Section 108.013(a), Health and Safety Code, as
	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
	2015, is amended to read as follows:
	(a) The data received by the department under this chapter
	shall be used by the department and commission only for the benefit
	of the public. Subject to specific limitations established by this
	chapter and department rule, the department shall make
	determinations on requests for information in favor of access.
	SECTION 5. Chapter 108, Health and Safety Code, is amended
	by adding Section 108.0132 to read as follows:
	Sec. 108.0132. PROHIBITED CHARGE TO CERTAIN STATE AGENCIES
	FOR DATA. The department may not charge a fee to the commission or
	any other health and human services agency for the use of any data
	collected under this chapter.
	SECTION 6. Chapter 108, Health and Safety Code, is amended
	by adding Section 108.0136 to read as follows:
	Sec. 108.0136. REPORT; NOTIFICATION OF CYBER ATTACK. (a)
	The department shall prepare for the commissioner an annual report
	describing the security measures taken to protect data collected
	under this chapter and any breaches, attempted cyber attacks, and
	security issues related to the data that are encountered during the
	calendar year.
	(b) The report described by this section is not subject to
	Chapter 552, Government Code, but may be released on request to a
	member of the legislature.
	(c) If a cyber attack occurs targeting data collected under
	this chapter, the department shall notify the Department of Public
	Safety of the State of Texas and the Federal Bureau of Investigation
	of the attack.
	SECTION 7. This Act takes effect September 1, 2015.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 764 was passed by the House on May 5,
	2015, by the following vote: Yeas 145, Nays 0, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 764 was passed by the Senate on May
	23, 2015, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor