[ Thursday, June 14, 2012 ]
Texas House Bill 300: A Statutory Construction Problem?
Last legislative session, the Texas legislature passed House Bill 300, notable in HIPAA circles because it implements (starting September 1, 2012) a requirement that any entity in Texas that deals with PHI (including all HIPAA covered entities, but some additional entities as well) must conduct employee training at least every 2 years. However, that provision is added as part of a new subchapter C or Chapter 181 of the Texas Health & Safety Code. But, here's the problem: Section 181.051 exempts certain entities from all but the restrictions on marketing (subchapter D) of Chapter 181; among those entities exempted, "an employer." In other words, the new training requirement, which requires covered entities to train employees, "does not apply to . . . an employer." Huh?
I think this is just a bust in the statutory language, and the legislative aides who put together House Bill 300 didn't read the rest of the chapter they were amending. However, I don't think the Texas AG or anyone else can prosecute anyone for failing to have biennial training under subchapter C, since subchapter B exempts pretty much everyone.
Any Texas readers with a different take?
Jeff [6:10 PM]
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