| (D) does not identify a health care provider.
(5) The department will adopt and implement practices
and procedures to ensure that information that is confidential under
this section is not disclosed in violation of this section.
(6) In accordance with Texas Health and Safety Code, §34.009,
information in the committee's possession is confidential and excepted
from disclosure under the Public Information Act, Texas Government
Code, Chapter 552.
(7) The committee and DSHS must comply with all state
and federal laws and rules relating to the transmission of health
information, including the Health Insurance Portability and Accountability
Act of 1996 (Pub. L. No. 104-191) and rules adopted under that Act.
(m) Statements by members.
(1) HHSC, DSHS, and the committee are not bound in
any way by any statement, recommendation, or action on the part of
any committee member, except when a statement or action is in pursuit
of specific instructions from HHSC, DSHS, or the committee.
(2) The committee and its members may not participate
in legislative activity in the name of HHSC, DSHS, or the committee
except with approval through HHSC's legislative process. Committee
members are not prohibited from representing themselves or other entities
in the legislative process.
(3) A committee member must not accept or solicit any
benefit that might reasonably tend to influence the member in the
discharge of the member's official duties.
(4) A committee member must not disclose confidential
information acquired through his or her committee membership.
(5) A committee member must not knowingly solicit,
accept, or agree to accept any benefit for having exercised the member's
official powers or duties in favor of another person.
(6) A committee member who has a personal or private
interest in a matter pending before the committee must publicly disclose
the fact in a committee meeting and may not vote or otherwise participate
in the matter. The phrase "personal or private interest" means the
committee member has a direct pecuniary interest in the matter but
does not include the committee member's engagement in a profession,
trade, or occupation when the member's interest is the same as all
others similarly engaged in the profession, trade, or occupation.
(n) Reimbursement for expenses.
(1) Members appointed to the committee are not entitled
to compensation for service on the committee or reimbursement for
travel or other expenses incurred by the member while conducting the
business of the committee.
(2) In carrying out its duties, the committee may use
technology, including teleconferencing or videoconferencing, to eliminate
travel expenses.
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