DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Texas Senate Passes Medical Privacy Bill

Posted on March 26, 2011 by Dissent

From the Courier-Gazette, some positive news from Texas that the Senate passed SB 622, a bill proposed by Senator Jane Nelson last month .

“Medical records include highly sensitive information, and the misuse of this information can put patients at risk for severe financial and personal consequences,” Nelson said. “This bill protects patients from having their information improperly sold to unauthorized third parties and ensures that patients have the right to access their own electronic medical records.”

I have not yet worked through all of the language or provisions in the bill, but one of the most significant sections reads:

Sec.i181.153. SALE OF PROTECTED HEALTH INFORMATION PROHIBITED; REMUNERATION OF AGENTS AND CONTRACTORS AUTHORIZED.

(a) Except as provided by Subsection (b), a covered entity may not disclose protected health information to any person in exchange for direct or indirect remuneration.
(b) A covered entity may disclose protected health information in exchange for remuneration only:
(1) for purposes of:
(A)  treatment;
(B)  payment;
(C)  health care operations;
(D)  public health activities;
(E) research or clinical investigation, as described by 42 U.S.C. Section 17935(d)(2)(B) and 21 C.F.R. Section 312.3; or
(F) providing the protected health information to the individual who is the subject of the protected health information; or
(2) as otherwise permitted or required by state or federal law.
(c) This section does not prohibit a covered entity from disclosing protected health information to and giving remuneration to an agent or contractor of the covered entity in exchange for engaging in an activity authorized by state or federal law involving the exchange of protected health information that the agent or contractor undertakes on behalf of and at the specific request of the covered entity pursuant to an agreement.
SECTIONi5. Sections 181.201(b) and (c), Health and Safety Code, are amended 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. A civil penalty assessed under this section may not exceed:
(1 $5,000 [$3,000] for each violation committed negligently;
(2) $25,000 for each violation committed knowingly or intentionally; or
(3) $250,000 for each violation in which the covered entity knowingly or intentionally uses protected health information for financial gain.

The bill also contains data breach notification requirements, but only, it seems, for records in electronic format. Failure to provide notification, as required, can lead to fines, also specified in the bill.

Limiting the sale of protected health information is a tremendous step. An investigative report by Suzanne Batchelor published in the Austin Bulldog last September  exposed how much identified PHI was being sold by the state’s own health agency for “research” purposes.  Whether this bill would significantly reduce that type of sale remains to be seen.


Related:

  • Maintenance Note
  • CISA Alert: Reported Supply Chain Compromise Affecting XZ Utils Data Compression Library, CVE-2024-3094
  • System Status Note
  • System Status Note
  • Fraudster's fake data breach claims should remind media to be careful what we report
  • "Pompompurin" taken into custody after violating conditions of pre-sentencing release on bond (1)
Category: Uncategorized

Post navigation

← A Nuanced Understanding of Privacy
Adoption legislation could make access to family records easier →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Scattered Spider Hijacks VMware ESXi to Deploy Ransomware on Critical U.S. Infrastructure
  • Hacker group “Silent Crow” claims responsibility for cyberattack on Russia’s Aeroflot
  • AIIMS ORBO Portal Vulnerability Exposing Sensitive Organ Donor Data Discovered by Researcher
  • Two Data Breaches in Three Years: McKenzie Health
  • Scattered Spider is running a VMware ESXi hacking spree
  • BreachForums — the one that went offline in April — reappears with a new founder/owner
  • Fans React After NASCAR Confirms Ransomware Breach
  • Allianz Life says ‘majority’ of customers’ personal data stolen in cyberattack (1)
  • Infinite Services notifying employees and patients of limited ransomware attack
  • The safe place for women to talk wasn’t so safe: hackers leak 13,000 user photos and IDs from the Tea app

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • White House ordered to restore Medicaid funding to Planned Parenthood clinics
  • California Attorney General Announces $1.55M CCPA Settlement with Healthline.com
  • Canada’s Bill C-2 Opens the Floodgates to U.S. Surveillance
  • Wiretap Suits Pit Old Privacy Laws Against New AI Technology
  • Action against tiny Scottish charity sparks huge ICO row
  • Congress tries to outlaw AI that jacks up prices based on what it knows about you
  • Microsoft’s controversial Recall feature is now blocked by Brave and AdGuard

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.