81st Texas Legislature, Senate Bill 2423, Chapter 1245 Page: 2 of 4
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S.B. No. 2423
1 services at a discount and determines the charge to members. For
2 purposes of this subsection, consideration includes patient
3 information or patient prescription drug history provided by
4 members, if the person engages in the transfer or sale of such
5 patient information, patient prescription drug history, or drug
6 manufacturer rebates.
7 SECTION 2. Section 76.053, Health and Safety Code, is
8 amended by adding Subsection (a-1) and amending Subsection (b) to
9 read as follows:
10 (a-1) If a program operator engages in the transfer or sale
11 of a member's patient information or patient prescription drug
12 history, the program operator shall, before enrollment, provide
13 each prospective member disclosure materials describing the
14 program operator's practices regarding such transfer or sale.
15 (b) A marketer shall use disclosure materials that comply
16 with this section [SubC-ction (a)].
17 SECTION 3. Title 21, Insurance Code, is amended by adding
18 Chapter 7002 to read as follows:
19 CHAPTER 7002. SUPPLEMENTAL PROVISIONS RELATING TO DISCOUNT HEALTH
20 CARE OPERATORS
21 Sec. 7002.001. DEFINITION. For purposes of Chapters 562
22 and 7001, Insurance Code, consideration provided to a discount
23 health care program or a discount health care program operator
24 includes patient information or patient prescription drug history
25 provided by members, if the entity engages in the transfer or sale
26 of such patient information, patient prescription drug history, or
27 drug manufacturer rebates.2
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Texas. Legislature. Senate. 81st Texas Legislature, Senate Bill 2423, Chapter 1245, legislative document, June 19, 2009; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth149554/m1/2/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.