Texas Health and Safety Code
§ 181.205 — MITIGATION
HS § 181.205Title 2. HEALTH · Part I. MEDICAL RECORDS · Ch. 181. MEDICAL RECORDS PRIVACY · Art. E. ENFORCEMENT
Statute text
View on source(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;
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Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 10, eff. September 1, 2012.