Tex. Ins. Code Section 38.4055
Application for Access to Certain Data or Information in Database

(a)

An entity seeking to access data or information that is contained in the database but not accessible through the portal described by Section 38.405 (Public Access Portal) must submit an application to the center for access to that data or information. The application must include:

(1)

the sources and identity of all funding and funders of the research the entity will perform;

(2)

the names of all individuals who may have access to the data or information that is contained in the database but not accessible through the portal described by Section 38.405 (Public Access Portal), and any affiliations those individuals have with entities other than the entity submitting the application;

(3)

the proposed study, research, or project that the entity plans to undertake and the purpose of the study, research, or project, including any anticipated final product from the study, research, or project;

(4)

how the proposed research will further the purposes of this subchapter, improve the quality of care, or reduce the cost of care;

(5)

a description of the proposed methodology;

(6)

a description of the publication method of the manuscripts, reports, or other forms of output from the research; and

(7)

for access to data that would require such an approval, an institutional review board determination letter that is an approval or an approval with modifications.

(b)

The center shall review and make a determination on all applications in a timely manner.

(c)

If the center denies an application, the center must identify with particularity the deficiencies in the application.

Added by Acts 2023, 88th Leg., R.S., Ch. 603 (H.B. 3414), Sec. 5, eff. June 11, 2023.

Source: Section 38.4055 — Application for Access to Certain Data or Information in Database, https://statutes.capitol.texas.gov/Docs/IN/htm/IN.38.htm#38.4055 (accessed Feb. 26, 2025).

38.001
Inquiries 38.002
Underwriting Guidelines for Personal Automobile and Residential Property Insurance 38.003
Underwriting Guidelines for Other Lines 38.004
Balance Billing Prohibition Report 38.005
Commercial Automobile Insurance Report 38.006
Emergency Medical Services Provider Balance Billing Rate Database 38.051
Definition 38.052
Required Information 38.201
Definition 38.202
Statistical Agent 38.203
Qualifications of Statistical Agent 38.204
Powers and Duties of Statistical Agent 38.205
Duty of Insurer 38.206
Fees 38.207
Rules 38.251
Applicability 38.252
Collection of Information 38.253
Maintenance of Information 38.254
Utilization and Cost Data to Commissioner 38.301
Insurer Data Reporting 38.302
Recommendations to Legislature 38.351
Purpose of Subchapter 38.352
Definition 38.353
Applicability of Subchapter 38.354
Rules 38.355
Data Call 38.356
Confidentiality of Data 38.357
Publication of Aggregate Health Care Reimbursement Rate Information 38.358
Penalties 38.401
Purpose of Subchapter 38.402
Definitions 38.403
Stakeholder Advisory Group 38.404
Establishment and Administration of Database 38.405
Public Access Portal 38.406
Data Privacy and Security 38.407
Certain Entities Not Required to Submit Data 38.408
Report to Legislature 38.409
Rules 38.4055
Application for Access to Certain Data or Information in Database

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Tex. Ins. Code Section 38.4055 Application for Access to Certain Data or Information in Database

(a)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(b)

(c)

Tex. Ins. Code Section 38.4055
Application for Access to Certain Data or Information in Database