Tex.
Health & Safety Code Section 181.205
Mitigation
(a)
In an action or proceeding to impose an administrative penalty or assess a civil penalty for actions related to the disclosure of individually identifiable health information, a covered entity may introduce, as mitigating evidence, evidence of the entity’s good faith efforts to comply with:(1)
state law related to the privacy of individually identifiable health information; or(2)
the Health Insurance Portability and Accountability Act and Privacy Standards.(b)
In determining the amount of a penalty imposed under other law in accordance with Section 181.202 (Disciplinary Action), a court or state agency shall consider the following factors:(1)
the seriousness of the violation, including the nature, circumstances, extent, and gravity of the disclosure;(2)
the covered entity’s compliance history;(3)
whether the violation poses a significant risk of financial, reputational, or other harm to an individual whose protected health information is involved in the violation;(4)
whether the covered entity was certified at the time of the violation as described by Section 182.108 (Standards for Electronic Sharing of Protected Health Information; Covered Entity Certification);(5)
the amount necessary to deter a future violation; and(6)
the covered entity’s efforts to correct the violation.(c)
On receipt of evidence under Subsections (a) and (b), a court or state agency shall consider the evidence and mitigate imposition of an administrative penalty or assessment of a civil penalty accordingly.
Source:
Section 181.205 — Mitigation, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.181.htm#181.205 (accessed Apr. 29, 2024).
