Texas House Passes Measure to Protect Patient Records from ‘Commercial Interests’

The Texas House on May 22 passed legislation (SB 11) that would "better protect" patients' medical information from "commercial interests," the Austin American-Statesman reports. The bill, sponsored by Sen. Jane Nelson (R), would prohibit doctors, hospitals, employers and pharmacies from releasing individual patient information for marketing without a patient's "explicit consent," bringing Texas "in line" with a federal rule approved by the Bush administration in April. In addition, the legislation would provide patients with the "right to know how their health information is being used" and the "right to sue" to stop the release of the information. The bill also would allow patients to "inspect and amend" their medical records. Under the legislation, the state attorney general could seek civil fines of up to $250,000 for violations. According to Rep. Patricia Gray (D), the bill's state House sponsor, the legislation "gives us a good step toward being into compliance" with the federal rule. The measure, if signed by Gov. Rick Perry (R), would take effect in September (Grisales, Austin American-Statesman, 5/23).