reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 181.153 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 181 - Medical Records Privacy|Subchapter D. Prohibited Acts|Section 181.153. Sale of Protected Health Information Prohibited; Exceptions

Sec. 181.153.  SALE OF PROTECTED HEALTH INFORMATION PROHIBITED; EXCEPTIONS.  (a)  A covered entity may not disclose an individual's protected health information to any other person in exchange for direct or indirect remuneration, except that a covered entity may disclose an individual's protected health information:(1)  to another covered entity, as that term is defined by Section 181.001, or to a covered entity, as that term is defined by Section 602.001, Insurance Code, for the purpose of:(A)  treatment;(B)  payment;(C)  health care operations; or(D)  performing an insurance or health maintenance organization function described by Section 602.053, Insurance Code; or(2)  as otherwise authorized or required by state or federal law.(b)  The direct or indirect remuneration a covered entity receives for making a disclosure of protected health information authorized by Subsection (a)(1)(D) may not exceed the covered entity's reasonable costs of preparing or transmitting the protected health information.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 7, eff. September 1, 2012.|
TX Health & Safety Code § 181.154 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 181 - Medical Records Privacy|Subchapter D. Prohibited Acts|Section 181.154. Notice and Authorization Required for Electronic Disclosure of Protected Health Information; Exceptions

Sec. 181.154.  NOTICE AND AUTHORIZATION REQUIRED FOR ELECTRONIC DISCLOSURE OF PROTECTED HEALTH INFORMATION; EXCEPTIONS.  (a) A covered entity shall provide notice to an individual for whom the covered entity creates or receives protected health information if the individual's protected health information is subject to electronic disclosure.  A covered entity may provide general notice by:(1)  posting a written notice in the covered entity's place of business;(2)  posting a notice on the covered entity's Internet website; or(3)  posting a notice in any other place where individuals whose protected health information is subject to electronic disclosure are likely to see the notice.(b)  Except as provided by Subsection (c), a covered entity may not electronically disclose an individual's protected health information to any person without a separate authorization from the individual or the individual's legally authorized representative for each disclosure.  An authorization for disclosure under this subsection may be made in written or electronic form or in oral form if it is documented in writing by the covered entity.(c)  The authorization for electronic disclosure of protected health information described by Subsection (b) is not required if the disclosure is made:(1)  to another covered entity, as that term is defined by Section 181.001, or to a covered entity, as that term is defined by Section 602.001, Insurance Code, for the purpose of:(A)  treatment;(B)  payment;(C)  health care operations; or(D)  performing an insurance or health maintenance organization function described by Section 602.053, Insurance Code; or(2)  as otherwise authorized or required by state or federal law.(d)  The attorney general shall adopt a standard authorization form for use in complying with this section.  The form must comply with the Health Insurance Portability and Accountability Act and Privacy Standards and this chapter.(e)  This section does not apply to a covered entity, as defined by Section 602.001, Insurance Code, if that entity is not a covered entity as defined by 45 C.F.R. Section 160.103.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 7, eff. September 1, 2012.|
TX Health & Safety Code § 181.202 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 181 - Medical Records Privacy|Subchapter E. Enforcement|Section 181.202. Disciplinary Action

Sec. 181.202.  DISCIPLINARY ACTION.  In addition to the penalties prescribed by this chapter, a violation of this chapter by a covered entity that is licensed by an agency of this state is subject to investigation and disciplinary proceedings, including probation or suspension by the licensing agency.  If there is evidence that the violations of this chapter are egregious and constitute a pattern or practice, the agency may:(1)  revoke the covered entity's license; or(2)  refer the covered entity's case to the attorney general for the institution of an action for civil penalties under Section 181.201(b).|Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 9, eff. September 1, 2012.|
TX Health & Safety Code § 181.203 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 181 - Medical Records Privacy|Subchapter E. Enforcement|Section 181.203. Exclusion From State Programs

Sec. 181.203.  EXCLUSION FROM STATE PROGRAMS.  In addition to the penalties prescribed by this chapter, a covered entity shall be excluded from participating in any state-funded health care program if a court finds the covered entity engaged in a pattern or practice of violating this chapter.|Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001.|
TX Health & Safety Code § 181.205 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 181 - Medical Records Privacy|Subchapter E. Enforcement|Section 181.205. Mitigation

Sec. 181.205.  MITIGATION.  (a)  In an action or proceeding to impose an administrative penalty or assess a civil penalty for actions related to the disclosure of individually identifiable health information, a covered entity may introduce, as mitigating evidence, evidence of the entity's good faith efforts to comply with:(1)  state law related to the privacy of individually identifiable health information;  or(2)  the Health Insurance Portability and Accountability Act and Privacy Standards.(b)  In determining the amount of a penalty imposed under other law in accordance with Section 181.202, a court or state agency shall consider the following factors:(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.(c)  On receipt of evidence under Subsections (a) and (b), a court or state agency shall consider the evidence and mitigate imposition of an administrative penalty or assessment of a civil penalty accordingly.|Added by Acts 2003, 78th Leg., ch. 924, Sec. 7, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 10, eff. September 1, 2012.|
TX Health & Safety Code § 181.206 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 181 - Medical Records Privacy|Subchapter E. Enforcement|Section 181.206. Audits of Covered Entities

Sec. 181.206.  AUDITS OF COVERED ENTITIES.  (a)  The commission, in coordination with the attorney general and the Texas Department of Insurance:(1)  may request that the United States secretary of health and human services conduct an audit of a covered entity, as that term is defined by 45 C.F.R. Section 160.103, in this state to determine compliance with the Health Insurance Portability and Accountability Act and Privacy Standards; and(2)  shall periodically monitor and review the results of audits of covered entities in this state conducted by the United States secretary of health and human services.(a-1)  Notwithstanding Subsection (a), the commission shall also coordinate with the Texas Health Services Authority when requesting an audit or monitoring and reviewing the results of an audit under Subsection (a).  This subsection expires September 1, 2021.(b)  If the commission has evidence that a covered entity has committed violations of this chapter that are egregious and constitute a pattern or practice, the commission may:(1)  require the covered entity to submit to the commission the results of a risk analysis conducted by the covered entity if required by 45 C.F.R. Section 164.308(a)(1)(ii)(A); or(2)  if the covered entity is licensed by a licensing agency of this state, request that the licensing agency conduct an audit of the covered entity's system to determine compliance with the provisions of this chapter.(c)  The commission annually shall submit to the appropriate standing committees of the senate and the house of representatives a report regarding the number of federal audits of covered entities in this state and the number of audits required under Subsection (b).|Added by Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 11, eff. September 1, 2012.Amended by: Acts 2015, 84th Leg., R.S., Ch. 12 (S.B. 203), Sec. 2, eff. September 1, 2015.|
TX Health & Safety Code § 181.207 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 181 - Medical Records Privacy|Subchapter E. Enforcement|Section 181.207. Funding

Sec. 181.207.  FUNDING.  (a)  The commission and the Texas Department of Insurance shall apply for and actively pursue available federal funding for enforcement of this chapter.(b)  Notwithstanding Subsection (a), the commission and the Texas Department of Insurance shall consult with the Texas Health Services Authority when applying for or pursuing federal funding under Subsection (a).  This subsection expires September 1, 2021.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 11, eff. September 1, 2012.Amended by: Acts 2015, 84th Leg., R.S., Ch. 12 (S.B. 203), Sec. 3, eff. September 1, 2015.|
TX Health & Safety Code § 182.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 182 - Electronic Exchange of Health Information|Subchapter A. General Provisions|Section 182.001. Purpose

Sec. 182.001.  PURPOSE.  This chapter establishes the Texas Health Services Authority as a public-private collaborative to implement the state-level health information technology functions identified by the Texas Health Information Technology Advisory Committee by serving as a catalyst for the development of a seamless electronic health information infrastructure to support the health care system in the state and to improve patient safety and quality of care.|Added by Acts 2007, 80th Leg., R.S., Ch. 845 (H.B. 1066), Sec. 1, eff. June 15, 2007.|
TX Health & Safety Code § 182.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 182 - Electronic Exchange of Health Information|Subchapter A. General Provisions|Section 182.002. Definitions

Sec. 182.002.  DEFINITIONS.  In this chapter:(1)  "Board" means the board of directors of the corporation.(2)  "Corporation" means the Texas Health Services Authority.(2-a)  "Covered entity" has the meaning assigned by Section 181.001.(3)  "De-identified protected health information" means protected health information that is not individually identifiable health information as that term is defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E.(3-a)  "Disclose" has the meaning assigned by Section 181.001.(3-b)  "Health Insurance Portability and Accountability Act and Privacy Standards" has the meaning assigned by Section 181.001.(4)  "Individually identifiable health information" means individually identifiable health information as that term is defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E.(5)  "Physician" means:(A)  an individual licensed to practice medicine in this state under the authority of Subtitle B, Title 3, Occupations Code;(B)  a professional entity organized in conformity with Title 7, Business Organizations Code, and permitted to practice medicine under Subtitle B, Title 3, Occupations Code;(C)  a partnership organized in conformity with Title 4, Business Organizations Code, composed entirely of individuals licensed to practice medicine under Subtitle B, Title 3, Occupations Code;(D)  an approved nonprofit health corporation certified under Chapter 162, Occupations Code;(E)  a medical school or medical and dental unit, as defined or described by Section 61.003, 61.501, or 74.601, Education Code, that employs or contracts with physicians to teach or provide medical services or employs physicians and contracts with physicians in a practice plan; or(F)  an entity wholly owned by individuals licensed to practice medicine under Subtitle B, Title 3, Occupations Code.(6)  "Protected health information" means protected health information as that term is defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E.|Added by Acts 2007, 80th Leg., R.S., Ch. 845 (H.B. 1066), Sec. 1, eff. June 15, 2007.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 12, eff. September 1, 2012.|
TX Health & Safety Code § 182.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 182 - Electronic Exchange of Health Information|Subchapter A. General Provisions|Section 182.004. Application of Sunset Act

Sec. 182.004.  APPLICATION OF SUNSET ACT.  The Texas Health Services Authority is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the corporation is abolished and this section, Section 182.001, and Subchapters B and C expire September 1, 2027.|Added by Acts 2019, 86th Leg., R.S., Ch. 1169 (H.B. 3304), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 182.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 182 - Electronic Exchange of Health Information|Subchapter B. Administration|Section 182.051. Texas Health Services Authority; Purpose

Sec. 182.051.  TEXAS HEALTH SERVICES AUTHORITY; PURPOSE.  (a)  The corporation is established to:(1)  promote, implement, and facilitate the voluntary and secure electronic exchange of health information; and(2)  create incentives to promote, implement, and facilitate the voluntary and secure electronic exchange of health information.(b)  The corporation is a public nonprofit corporation and, except as otherwise provided in this chapter, has all the powers and duties incident to a nonprofit corporation under the Business Organizations Code.(c)  The corporation is subject to state law governing nonprofit corporations, except that:(1)  the corporation may not be placed in receivership; and(2)  the corporation is not required to make reports to the secretary of state under Section 22.357, Business Organizations Code.(d)  Except as otherwise provided by law, all expenses of the corporation shall be paid from income of the corporation.(e)  The corporation is subject to Chapter 551, Government Code.|Added by Acts 2007, 80th Leg., R.S., Ch. 845 (H.B. 1066), Sec. 1, eff. June 15, 2007.|
TX Health & Safety Code § 182.053 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 182 - Electronic Exchange of Health Information|Subchapter B. Administration|Section 182.053. Composition of Board of Directors

Sec. 182.053.  COMPOSITION OF BOARD OF DIRECTORS.  (a)  The corporation is governed by a board of 12 directors appointed by the governor, with the advice and consent of the senate.(b)  The governor shall also appoint at least two ex officio, nonvoting members representing the health and human services agencies as state agency data resources.(b-1)  The governor shall appoint as a voting board member one individual who represents Texas local health information exchanges.(c)  The governor shall appoint as voting board members individuals who represent consumers, clinical laboratories, health benefit plans, hospitals, regional health information exchange initiatives, pharmacies, physicians, or rural health providers, or who possess expertise in any other area the governor finds necessary for the successful operation of the corporation.(d)  An individual may not serve on the board of the corporation if the individual serves on the board of any other governmental body in this state.(e)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.(f)  An individual may not serve on the board of the corporation, in any capacity, if the individual has made a gift or grant, in cash or in kind, to the corporation.(g)  An individual may not serve on the board of the corporation, in any capacity, if the individual is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession or entity that is engaged in the providing of health care, the review or analysis of health care, the payment for health care services or procedures, or the providing of information technology.(h)  In this section, "health and human services agencies" includes the: (1)  department; (2)  Department of Aging and Disability Services; (3)  Department of Assistive and Rehabilitative Services; (4)  Department of Family and Protective Services; and(5)  commission. |Added by Acts 2007, 80th Leg., R.S., Ch. 845 (H.B. 1066), Sec. 1, eff. June 15, 2007.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0524, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 12 (S.B. 203), Sec. 7, eff. September 1, 2015.|
TX Health & Safety Code § 182.054 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 182 - Electronic Exchange of Health Information|Subchapter B. Administration|Section 182.054. Terms of Office

Sec. 182.054.  TERMS OF OFFICE.  Appointed members of the board serve two-year terms and may continue to serve until a successor has been appointed by the governor.|Added by Acts 2007, 80th Leg., R.S., Ch. 845 (H.B. 1066), Sec. 1, eff. June 15, 2007.|
TX Health & Safety Code § 182.055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 182 - Electronic Exchange of Health Information|Subchapter B. Administration|Section 182.055. Expenses

Sec. 182.055.  EXPENSES.  Members of the board serve without compensation but are entitled to reimbursement for actual and necessary expenses in attending meetings of the board or performing other official duties authorized by the presiding officer.|Added by Acts 2007, 80th Leg., R.S., Ch. 845 (H.B. 1066), Sec. 1, eff. June 15, 2007.|
TX Health & Safety Code § 182.056 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 182 - Electronic Exchange of Health Information|Subchapter B. Administration|Section 182.056. Officers; Conflict of Interest

Sec. 182.056.  OFFICERS; CONFLICT OF INTEREST.  (a)  The governor shall designate a member of the board as presiding officer to serve in that capacity at the pleasure of the governor.(b)  Any board member or a member of a committee formed by the board with direct interest in a matter, personally or through an employer, before the board shall abstain from deliberations and actions on the matter in which the conflict of interest arises and shall further abstain on any vote on the matter, and may not otherwise participate in a decision on the matter.(c)  Each board member shall file a conflict of interest statement and a statement of ownership interests with the board to ensure disclosure of all existing and potential personal interests related to board business.|Added by Acts 2007, 80th Leg., R.S., Ch. 845 (H.B. 1066), Sec. 1, eff. June 15, 2007.|
TX Health & Safety Code § 182.057 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 182 - Electronic Exchange of Health Information|Subchapter B. Administration|Section 182.057. Prohibition on Certain Contracts and Employment

Sec. 182.057. PROHIBITION ON CERTAIN CONTRACTS AND EMPLOYMENT.  The board may not compensate, employ, or contract with any individual who serves as a member of the board or advisory council to any other governmental body, including any agency, council, or committee, in this state.|Added by Acts 2007, 80th Leg., R.S., Ch. 845 (H.B. 1066), Sec. 1, eff. June 15, 2007.|
TX Health & Safety Code § 182.058 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 182 - Electronic Exchange of Health Information|Subchapter B. Administration|Section 182.058. Meetings

Sec. 182.058.  MEETINGS.  (a)  The board may meet as often as necessary, but shall meet at least twice a year.(b)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the authority of the corporation.|Added by Acts 2007, 80th Leg., R.S., Ch. 845 (H.B. 1066), Sec. 1, eff. June 15, 2007.|
TX Health & Safety Code § 182.059 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 182 - Electronic Exchange of Health Information|Subchapter B. Administration|Section 182.059. Chief Executive Officer; Personnel

Sec. 182.059.  CHIEF EXECUTIVE OFFICER; PERSONNEL.  The board may hire a chief executive officer.  Under the direction of the board, the chief executive officer shall perform the duties required by this chapter or designated by the board.  The chief executive officer may hire additional staff to carry out the responsibilities of the corporation.|Added by Acts 2007, 80th Leg., R.S., Ch. 845 (H.B. 1066), Sec. 1, eff. June 15, 2007.|
TX Health & Safety Code § 182.060 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 182 - Electronic Exchange of Health Information|Subchapter B. Administration|Section 182.060. Technology Policy

Sec. 182.060.  TECHNOLOGY POLICY.  The board shall implement a policy requiring the corporation to use appropriate technological solutions to improve the corporation's ability to perform its functions.  The policy must ensure that the public is able to interact with the corporation on the Internet.|Added by Acts 2007, 80th Leg., R.S., Ch. 845 (H.B. 1066), Sec. 1, eff. June 15, 2007.|
TX Health & Safety Code § 182.061 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle I - Medical Records|Chapter 182 - Electronic Exchange of Health Information|Subchapter B. Administration|Section 182.061. Liabilities of Authority

Sec. 182.061.  LIABILITIES OF AUTHORITY.  Liabilities created by the corporation are not debts or obligations of the state, and the corporation may not secure any liability with funds or assets of the state except as otherwise provided by law.|Added by Acts 2007, 80th Leg., R.S., Ch. 845 (H.B. 1066), Sec. 1, eff. June 15, 2007.|