Texas Health and Safety Code 181.005 – Duties of the Executive Commissioner
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(a) The executive commissioner shall administer this chapter and may adopt rules consistent with the Health Insurance Portability and Accountability Act and Privacy Standards to administer this chapter.
(b) The executive commissioner shall review amendments to the definitions in 45 C.F.R. Parts 160 and 164 that occur after September 1, 2011, and determine whether it is in the best interest of the state to adopt the amended federal regulations. If the executive commissioner determines that it is in the best interest of the state to adopt the amended federal regulations, the amended regulations shall apply as required by this chapter.
Terms Used In Texas Health and Safety Code 181.005
- Effects: includes all personal property and all interest in that property. See Texas Government Code 312.011
- Health Insurance Portability and Accountability Act and Privacy Standards: means the privacy requirements in existence on September 1, 2011, of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. See Texas Health and Safety Code 181.001
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
(c) In making a determination under this section, the executive commissioner must consider, in addition to other factors affecting the public interest, the beneficial and adverse effects the amendments would have on:
(1) the lives of individuals in this state and their expectations of privacy; and
(2) governmental entities, institutions of higher education, state-owned teaching hospitals, private businesses, and commerce in this state.
(d) The executive commissioner shall prepare a report of the executive commissioner’s determination made under this section and shall file the report with the presiding officer of each house of the legislature before the 30th day after the date the determination is made. The report must include an explanation of the reasons for the determination.