Tex. Ins. Code Section 38.405
Public Access Portal


Except as provided by this section and Sections 38.404 (Establishment and Administration of Database) and 38.406 (Data Privacy and Security) and in a manner consistent with all applicable federal and state law, the center shall collect, compile, and analyze data submitted to or stored in the database and disseminate the information described in Section 38.404 (Establishment and Administration of Database)(e)(1) in a format that allows the public to easily access and navigate the information. The information must be accessible through an open access Internet portal that may be accessed by the public through an Internet website.


The portal created under this section must allow the public to easily search and retrieve the information disseminated under Subsection (a), subject to data privacy and security restrictions described in this subchapter and consistent with all applicable federal and state law.


Any information or data that is accessible through the portal created under this section:


must be segmented by type of insurance or health benefit plan in a manner that does not combine payment rates relating to different types of insurance or health benefit plans;


must be aggregated by like Current Procedural Terminology codes and health care services in a statewide, regional, metropolitan statistical, zip-code, or geozip area; and


may not identify a specific patient, health care provider, health benefit plan, health benefit plan issuer, or other payor.


Before making information or data accessible through the portal, the center shall remove any data or information that may identify a specific patient in accordance with the de-identification standards described in 45 C.F.R. Section 164.514.
Added by Acts 2021, 87th Leg., R.S., Ch. 333 (H.B. 2090), Sec. 1, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 603 (H.B. 3414), Sec. 4, eff. June 11, 2023.

Source: Section 38.405 — Public Access Portal, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­38.­htm#38.­405 (accessed Jun. 5, 2024).

Jun. 5, 2024

§ 38.405’s source at texas​.gov