Texas Public Health Privacy Legislation H.B. No. 3254
Public health agencies can require protected, e.g., identifiable, health information only if• the acquisition directly relates to a public health purpose;
• the acquisition is "reasonably likely" to achieve the public health purpose intended;
• the purpose can’t be achieved with nonidentifiable information.
Protected information may not be secretly acquired by a public health agency.
Protected health information may only be used for purposes "reasonably related" to those for which the information was acquired and to the "minimum extent" necessary.
A public health agency or public health official may not use protected health information for a commercial purpose.
A public health agency shall expunge in a confidential manner protected health information when the information longer has any public health purpose.
Generally, protected health information is not public information and may not be disclosed without the informed consent of the individual who is the subject of the information.
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