Texas Insurance Code
§ 38.406 — DATA PRIVACY AND SECURITY
IN § 38.406Title 2. TEXAS DEPARTMENT OF INSURANCE · Part A. ADMINISTRATION OF THE TEXAS DEPARTMENT OF INSURANCE · Ch. 38. DATA COLLECTION AND REPORTS · Art. I. TEXAS ALL PAYOR CLAIMS DATABASE
Statute text
View on source(a)Information that may identify a patient is confidential and subject to applicable state and federal law relating to records privacy and protected health information, including Chapter 181, Health and Safety Code, and is not subject to disclosure under Chapter 552, Government Code. Except as provided by Subsection (b), any information that may identify a health care provider, health benefit plan, health benefit plan issuer, or other payor is confidential and subject to applicable state and federal law relating to records privacy and protected health information, including Chapter 181, Health and Safety Code, and is not subject to disclosure under Chapter 552, Government Code.
(b)A qualified research entity with access to data or information that is contained in the database but not accessible through the portal described in Section 38.405:
(1)may use the data or information contained in the database only for purposes consistent with the purposes of this subchapter and must use the data or information in accordance with standards, requirements, policies, and procedures established by the center in consultation with the stakeholder advisory group;
(2)may not sell or share any data or information contained in the database; and
(3)may report or publish data or information that identifies one or more health care providers, health benefit plans, health benefit plan issuers, or other mandatory payors only if the report or publication is made available to the public at no cost.
(c)A qualified research entity with access to information that is contained in the database but not accessible through the portal must execute an agreement with the center relating to the qualified research entity's compliance with the requirements of Subsections (a) and (b), including the confidentiality of information contained in the database but not accessible through the portal.
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Legislative history
Acts 2023, 88th Leg., R.S., Ch. 603 (H.B. 3414), Sec. 6, eff. June 11, 2023.