CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 74A. LIMITATION OF LIABILITY RELATING TO HEALTH INFORMATION EXCHANGES
Sec. 74A.001. DEFINITIONS. In this chapter:
(1) "Gross negligence" has the meaning assigned by Section 41.001.
(2) "Health care provider" means any individual, partnership, professional association, corporation, facility, or institution duly licensed, certified, registered, or chartered by this state to provide health care or medical care, including a physician. The term includes:
(A) an officer, director, shareholder, member, partner, manager, owner, or affiliate of a physician or other health care provider; and
(B) an employee, independent contractor, or agent of a physician or other health care provider acting in the course and scope of the employment or contractual relationship.
(3) "Health information exchange" has the meaning assigned by Section 182.151, Health and Safety Code. The term includes:
(A) an officer, director, shareholder, member, partner, manager, owner, or affiliate of the health information exchange; and
(B) an employee, independent contractor, or agent of the health information exchange acting in the course and scope of the employment or contractual relationship.
(4) "Malice" has the meaning assigned by Section 41.001.
(5) "Physician" means:
(A) an individual licensed to practice medicine in this state under Subtitle B, Title 3, Occupations Code;
(B) a professional association organized by an individual physician or a group of physicians;
(C) a partnership or limited liability partnership formed by a group of physicians;
(D) a limited liability company formed by a group of physicians;
(E) a nonprofit health corporation certified by the Texas Medical Board under Chapter 162, Occupations Code; or
(F) a single legal entity authorized to practice medicine in this state owned by a group of physicians.
Added by Acts 2015, 84th Leg., R.S., Ch. 1085 (H.B. 2641), Sec. 1, eff. September 1, 2015.
Sec. 74A.002. LIMITATION ON LIABILITY OF HEALTH CARE PROVIDERS RELATING TO HEALTH INFORMATION EXCHANGES. (a) Unless the health care provider acts with malice or gross negligence, a health care provider who provides patient information to a health information exchange is not liable for any damages, penalties, or other relief related to the obtainment, use, or disclosure of that information in violation of federal or state privacy laws by a health information exchange, another health care provider, or any other person.
(b) Nothing in this section may be construed to create a cause of action or to create a standard of care, obligation, or duty that forms the basis for a cause of action.
Added by Acts 2015, 84th Leg., R.S., Ch. 1085 (H.B. 2641), Sec. 1, eff. September 1, 2015.
Sec. 74A.003. APPLICABILITY OF OTHER LAW. The protections, immunities, and limitations of liability provided by this chapter are in addition to any other protections, immunities, and limitations of liability provided by other law.
Added by Acts 2015, 84th Leg., R.S., Ch. 1085 (H.B. 2641), Sec. 1, eff. September 1, 2015.