85R12572 LED-F     By: Price H.B. No. 2896       A BILL TO BE ENTITLED   AN ACT   relating to an annual report on laws regarding access, use, and   sharing of protected health information.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 181, Health and Safety   Code, is amended by adding Section 181.105 to read as follows:          Sec. 181.105.  ANNUAL REPORT ON PROTECTED HEALTH INFORMATION   LAWS. (a) The commission shall prepare an annual report that   reviews and provides clarification of state and federal laws   regarding access, use, and sharing of protected health information   for covered entities and consumers.          (b)  The annual report under Subsection (a) must contain:                (1)  the least restrictive legal interpretation, as   determined by the commission, relating to:                       (A)  integrated health care information;                      (B)  protection of and communication regarding   substance use disorder patient records under 42 C.F.R. Part 2;                      (C)  mental health progress notes, process notes,   and treatment plans;                      (D)  child health information;                      (E)  minimum information required for streamlined   consent processes;                      (F)  permission-based storage and viewing   processes;                      (G)  transparency and parity issues regarding   medical record components and benefit verifications;                      (H)  standards for deidentifying personal patient   information;                      (I)  differences provided in rules for request and   exchange methods for paper and electronic records; and                      (J)  items related to the designated record set,   including care coordination, benefits verification, and financial   information;                (2)  an explanation of the most common provider and   consumer misperceptions of the law;                (3)  current information-sharing strategies and   initiatives across this state; and                (4)  recommendations to improve or streamline access,   use, and information-sharing rules and processes.          (c)  The executive commissioner shall review the   commission's recommendations in the annual report and shall adopt   by rule acceptable recommendations.          SECTION 2.  Not later than September 1, 2018, the Health and   Human Services Commission shall publish the initial report required   by Section 181.105, Health and Safety Code, as added by this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.