HBA-NMO H.B. 1371 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1371 By: Burnam Public Health 4/16/1999 Introduced BACKGROUND AND PURPOSE Effective January 1, 1999, the Texas Department of Health changes to a "names-based" human immunodeficiency virus (HIV) reporting system. Anticipating the implementation of this system, certain acquired immunodeficiency syndrome (AIDS)/HIV service organizations and their clients have raised concerns regarding breaches of confidentiality. Increased penalties for breaches of confidentiality may help quell these concerns. H.B. 1371 increases the civil penalty for negligently disclosing an individual's HIV status from $1,000 to $5,000; and increases the civil penalty for wilfully disclosing an individual's HIV status from not less than $1,000 nor more than $5,000 to not less than $5,000 nor more than $10,000. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 81.104(b) and (c), Health and Safety Code, as follows: (b) Provides that a person who violates Section 81.102 (Tests; Criminal Penalty) or who is found in a civil action to have negligently released or disclosed a human immunodeficiency virus (HIV) test result or allowed a HIV test result to become known in violation of Section 81.103 (Confidentiality; Criminal Penalty) is liable for a civil penalty of not more than $5,000, rather than $1,000. (c) Provides that a person who is found in a civil action to have wilfully released or disclosed a HIV test result or allowed a HIV test result to become known in violation of Section 81.103 is liable for a civil penalty of not less than $5,000, rather than $1,000, nor more than $10,000, rather than $5,000. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.