Sec. 108.0135. INSTITUTIONAL REVIEW BOARD. (a) The department shall establish an institutional review board to review and approve requests for access to data not contained in public use data. The members of the institutional review board must have experience and expertise in ethics, patient confidentiality, and health care data.
(b) To assist the institutional review board in determining whether to approve a request for information, the executive commissioner shall adopt rules similar to the federal Centers for Medicare and Medicaid Services' guidelines on releasing data.
(c) A request for information other than public use data must be made on the form prescribed by the department.
(d) Any approval to release information under this section must require that the confidentiality provisions of this chapter be maintained and that any subsequent use of the information conform to the confidentiality provisions of this chapter.
Added by Acts 1999, 76th Leg., ch. 802, Sec. 8, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 873 (S.B. 156), Sec. 6, eff. September 1, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 7.05, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0355, eff. April 2, 2015.
Structure Texas Statutes
Subtitle E - Health Care Councils and Resource Centers
Chapter 108 - Health Care Data Collection
Section 108.001. Department Duties
Section 108.006. Powers and Duties of Executive Commissioner and Department
Section 108.0065. Powers and Duties of Commission and Department Relating to Medicaid Managed Care
Section 108.007. Review Powers
Section 108.0085. Duties of Attorney General
Section 108.009. Data Submission and Collection
Section 108.0095. Notification of Data Collection
Section 108.010. Collection and Dissemination of Provider Quality Data
Section 108.011. Dissemination of Public Use Data and Department Publications
Section 108.012. Computer Access to Data
Section 108.013. Confidentiality and General Access to Data
Section 108.0131. List of Purchasers or Recipients of Data
Section 108.0132. Prohibited Charge to Certain State Agencies for Data
Section 108.0135. Institutional Review Board
Section 108.0136. Report; Notification of Cyber Attack
Section 108.014. Civil Penalty
Section 108.0141. Criminal Penalty