Texas Health and Safety Code

§ 181.201 — INJUNCTIVE RELIEF; CIVIL PENALTY

HS § 181.201Title 2. HEALTH · Part I. MEDICAL RECORDS · Ch. 181. MEDICAL RECORDS PRIVACY · Art. E. ENFORCEMENT

Statute text

(a)The attorney general may institute an action for injunctive relief to restrain a violation of this chapter.

(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 for each violation that occurs in one year, regardless of how long the violation continues during that year, committed negligently;

(2)$25,000 for each violation that occurs in one year, regardless of how long the violation continues during that year, committed knowingly or intentionally; or

(3)$250,000 for each violation in which the covered entity knowingly or intentionally used protected health information for financial gain. (b-1) The total amount of a penalty assessed against a covered entity under Subsection (b) in relation to a violation or violations of Section 181.154 may not exceed $250,000 annually if the court finds that the disclosure was made only to another covered entity and only for a purpose described by Section 181.154(c) and the court finds that:

(1)the protected health information disclosed was encrypted or transmitted using encryption technology designed to protect against improper disclosure;

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 8, eff. September 1, 2012.