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The engrossed version added one minor provision to the bill that would not change our vote yes recommendation on HB 764. The second chamber sponsor is Senator Rodriguez.
First chamber analysis below:
Providers are currently not required to inform a patient that his or her health data is being collected as authorized under Chapter 108 of the Health and Safety Code.
The bill would require the Department of State Health Services (DSHS) to make a form available on the DSHS website for use by providers to notify patients whose health data is being collected. DSHS would be required to maintain a database of de-identifying information regarding the collection of data from a provider.
The bill would require DSHS to prepare an annual report describing the security measures implemented to protect the collected data and any breaches, attempted cyber attacks, and security issues relating to the data. The annual report would not be subject to the Public Information Act, but could be released on request to a member of the legislature.
The engrossed version would prohibit DSHS from charging a fee to the Health and Human Services Commission or any other health and human services agency for the use of any data collected under Chapter 108.
Requiring providers to inform patients their health information is being collected for public research purposes enhances transparency. We support HB 764 because it promotes our limited government principle and an individual's right to control his/her private personal information.