In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Example: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.

(a) Definitions.--In this section:
(1) Business entity.--The term ''business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ''facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ''gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ''intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ''nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ''State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Example solution: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Example explanation: This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.

Problem: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Ensuring Patient Access to
Healthcare Records Act of 2016''.

SEC. 2. PROMOTION OF ACCESS TO DATA, VIA RESEARCH AND USER FRIENDLY
PRESENTATIONS AND APPLICATIONS.

(a) In General.--Subtitle D of the Health Information Technology
for Economic and Clinical Health Act (42 U.S.C. 17921 et seq.) is
amended by adding at the end the following:

''PART 3--HEALTH CARE CLEARINGHOUSES; DATA PROCESSING TO EMPOWER
PATIENTS AND IMPROVE THE HEALTH CARE SYSTEM

''SEC. 13451. MODERNIZING THE ROLE OF CLEARINGHOUSES IN HEALTH CARE.

''(a) Efforts To Promote Access to and Leveraging of Health
Information.--
''(1) In general.--The Secretary shall, through the
updating of existing policies and development of policies that
support dynamic technology solutions, promote patient access to
information related to their care, including real world
outcomes and economic data (including claims, eligibility, and
payment data), in a manner that would ensure that such
information is available in a form convenient for the patient,
in a reasonable manner, and without burdening the health care
provider involved.
''(2) Requirement.--Activities carried out under paragraph
(1) shall include the development of policies to enable covered
entities with access to health information to--
''(A) provide patient access to information related
to their care, including real world outcomes and
economic data; and
''(B) develop patient engagement tools, reports,
analyses, and presentations based on population health,
epidemiological, and health services outcomes data,
that may demonstrate a fiscal or treatment benefit to
the taxpayer.
''(b) Treatment as Covered Entity for Specified Functions.--
''(1) In general.--With respect to the use and disclosure
of protected health information, the Secretary shall--
''(A) not consider health care clearinghouses that
engage in the functions described in paragraph (3) to
be business associates under HIPAA-related provisions
(as defined in subsection (j)(3)) regardless of the
role of such clearinghouses in collecting or receiving
the information; and
''(B) consider such clearinghouses to be covered
entities under such provisions of law for all purposes.
Such clearinghouses shall not be considered business associates
for data translation, analytic, cloud computing, or any other
purpose.
''(2) Data accuracy and security requirement.--In order to
use health data as authorized by this section, a clearinghouse
or other covered entity engaging in activities authorized under
this section shall be certified to have the necessary expertise
and technical infrastructure to ensure the accuracy and
security of such claims, eligibility, and payment data through
receipt of an accreditation by the Electronic Healthcare
Network Accreditation Commission, or by an equivalent
accreditation program determined appropriate by the Secretary.
''(3) Enhancing treatment, quality improvement, research,
public health efforts and other functions.--
''(A) Equivalent authority to other covered
entities.--Subject to paragraph (2), a health care
clearinghouse shall--
''(i) in addition to carrying out claims
processing functions, be permitted to use and
disclose protected health information in the
same manner as other covered entities,
including for purposes of treatment, payment,
health care operations as permitted by section
164.506 of title 45, Code of Federal
Regulations, research, and public health as
permitted by section 164.512 of title 45, Code
of Federal Regulations, and creating de-
identified information as permitted by section
164.502(d) of title 45, Code of Federal
Regulations; and
''(ii) use or disclose protected health
information as required by section
164.502(a)(2) of title 45, Code of Federal
Regulations.
''(B) Additional authority.--Subject to paragraph
(2), a health care clearinghouse and other covered
entity shall, in addition to claims processing
functions, be permitted to--
''(i) provide individuals with access to
their own protected health information as
described in subsection (d);
''(ii) subject to subsection (c)(2), and on
behalf of both covered entities and non-covered
entities, use and disclose protected health
information for health care operations purposes
(as defined by section 164.501 of title 45,
Code of Federal Regulations) without respect to
whether the recipient of the information has or
had a relationship with the individual;
''(iii) subject to subsection (c)(2), and
upon the request of a covered entity, benchmark
the operations of such covered entity against
the operations of one or more other covered
entities that have elected to participate in
such benchmarking; and
''(iv) subject to subsection (c)(2), use
protected health information to facilitate
clinical trial recruitment.
''(c) Authorities Relating to Data Processing.--
''(1) In general.--In carrying out HIPAA-related
provisions, the Secretary shall permit a health care
clearinghouse to aggregate protected health information that
the clearinghouse possesses in order to carry out the functions
described in subsection (b)(3). Subject to section
164.502(a)(5)(i) of title 45, Code of Federal Regulations, a
health care clearinghouse may carry out the functions described
in subsection (b)(3) without obtaining individual authorization
under section 164.508 of title 45, Code of Federal Regulations.
''(2) Privacy.--For purposes of clauses (ii) through (iv)
of subsection (b)(3)(B), with respect to any report, analysis,
or presentation provided by the clearinghouse to a third party,
such report, analysis, or presentation--
''(A) shall include only de-identified data; or
''(B) if containing protected health information,
shall include such data that is subject to a qualifying
data use agreement (as defined in subsection (j)).
''(3) Fee permitted.--Nothing in this paragraph shall be
construed to prohibit an individual's right to access claims
and payment records in HIPAA standard format for a reasonable,
cost-based fee pursuant to section 164.524(c)(4) of title 45,
Code of Federal Regulations. In requesting access to records
held by a health care clearinghouse, the individual shall
identify the health care provider or providers that rendered
care.
''(d) Comprehensive Records at the Request of an Individual.--
''(1) In general.--When a health care clearinghouse
receives a written request from an individual for the protected
health information of the individual, the clearinghouse shall
provide to the individual a comprehensive record of such
information (across health care providers and health plans and
longitudinal in scope), unless the clearinghouse determines in
its sole discretion that providing a comprehensive record is
not technologically feasible.
''(2) Purchase from other clearinghouses.--In preparing a
comprehensive record for an individual under paragraph (1), a
health care clearinghouse may, with the permission of the
individual, purchase the protected health information of the
individual from one or more other health clearinghouses (and
the cost of such purchase may be included in a fair-market fee
charged to the individual as provided for under paragraph (1)).
''(e) Situations Not Involving Direct Interaction With
Individuals.--Sections 164.400 through 164.414 (relating to breach
notification) and sections 164.520 through 164.528 (relating to
individual rights) of title 45, Code of Federal Regulations, shall
apply to a health care clearinghouse that engages in the functions
described in subsection (b)(3) to the extent that such clearinghouse
has current contact information pursuant to direct interaction with the
individual involved. In the case of each other individual, the
clearinghouse shall provide notice to the covered entity of any breach
of unsecured protected health information and provide a notice of
privacy practices on its website.
''(f) Transition.--
''(1) In general.--Nothing in this section shall be
construed to provide a health care clearinghouse greater
authority to use and disclose protected health information than
that provided to another covered entity.
''(2) Existing agreements.--With respect to agreements
entered into by a health care clearinghouse prior to the date
of enactment of this section, a provision of such an agreement
that conflicts with this section shall not have any legal force
or effect. The preceding sentence may not be construed as
affecting any provision of an agreement that does not conflict
with this section.
''(g) Safe Harbor and Clarification of Liability.--In the case of a
health care clearinghouse that engages in a function described in
subsection (b), only that clearinghouse may be held liable for a
violation of a HIPAA-related provision (and a covered entity that
provided data or data access to the clearinghouse shall not be liable
for such violations).
''(h) Enforcement.--Section 13410(a)(2) shall apply to this section
in the same manner as such section applies to parts 1 and 2.
''(i) Relation to Other Laws.--
''(1) Application of hitech rule.--Section 13421 shall
apply to this section in the same manner as such section
applies to parts 1 and 2, except to the extent that such
section 13421 concerns section 1178(a)(2)(B) of the Social
Security Act.
''(2) State laws regarding unfair or deceptive acts or
practices.--This part shall not be construed to preempt the law
of any State that prohibits unfair or deceptive acts or
practices.
''(j) Definitions.--In this part:
''(1) De-identified.--The term 'de-identified', with
respect to health information, means such information that is
not individually identifiable as determined in accordance with
the standards under section 164.514(b) of title 45, Code of
Federal Regulations.
''(2) Health care clearinghouse.--The term 'health care
clearinghouse' has the meaning given such term in section 1171
of the Social Security Act.
''(3) HIPAA-related provision.--The term 'HIPAA-related
provision' means the provisions of each of the following:
''(A) This subtitle.
''(B) Part C of title XI of the Social Security
Act.
''(C) Regulations promulgated pursuant to sections
262(a) and 264(c) of the Health Insurance Portability
and Accountability Act of 1996 or this subtitle.
''(4) Individual.--The term 'individual', with respect to
protected health information, has the meaning applicable under
section 160.103 of title 45, Code of Federal Regulations.
''(5) Qualifying data use agreement.--The term 'qualifying
data use agreement' means an agreement, which may be
electronic, that establishes the permitted uses and disclosures
of protected health information by the recipient consistent
with this paragraph. A qualifying data use agreement between
the health care clearinghouse and the data recipient shall--
''(A) establish the permitted uses and disclosures
of such information by the recipient which shall be
limited to the original purpose of disclosure under
subsection (b)(3)(B); and
''(B) provide that the data recipient will--
''(i) not use or further disclose the
information other than as permitted by the
qualifying data use agreement or as otherwise
required by law;
''(ii) use appropriate safeguards to
prevent use or disclosure of the information
other than as provided for by the qualifying
data use agreement; and
''(iii) ensure that any agents to whom it
provides the data agree to the same
restrictions and conditions that apply to the
data recipient with respect to such
information.''.
(b) Regulations.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
promulgate regulations to carry out the amendment made by subsection
(a).
(c) Conforming Amendment.--Section 1171(2) of the Social Security
Act (42 U.S.C. 1320d(2)) is amended by inserting before the period the
following: ''or receives a standard transaction from another entity and
processes or facilitates the processing of health information into
nonstandard format or nonstandard data content for the receiving
entity. Such term also includes an entity that carries out such
processing functions, processes standard health care claims, processes
health care claim payments or provides advice on such, and processes
eligibility claims relating to health plan transactions on behalf of a
HIPAA covered entity and in addition, engages in any of the functions
described in subsection (a) of section 13451 of the Health Information
Technology for Economic and Clinical Health Act''.
Solution: Ensuring Patient Access to Healthcare Records Act of 2016 This bill amends the Health Information Technology for Economic and Clinical Health Act to require the Department of Health and Human Services to develop and update policies that enable certain health care clearinghouses, plans, and providersto: (1) provide patients with access to information related to their care; and (2) develop patient-engagement tools, reports, analyses, and presentations that may demonstrate benefit to the taxpayer.