{"data":{"id":"us-tx/tex.-health-and-safety-code-181.205","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 181.205","heading":"MITIGATION.","body":"(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:\n(1) state law related to the privacy of individually identifiable health information; or\n(2) the Health Insurance Portability and Accountability Act and Privacy Standards.\n(b) In determining the amount of a penalty imposed under other law in accordance with Section 181.202, a court or state agency shall consider the following factors:\n(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the disclosure;\n(2) the covered entity's compliance history;\n(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;\n(4) whether the covered entity was certified at the time of the violation as described by Section 182.108;\n(5) the amount necessary to deter a future violation; and\n(6) the covered entity's efforts to correct the violation.\n(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.\nAdded by Acts 2003, 78th Leg., ch. 924, Sec. 7, eff. Sept. 1, 2003.\nAmended by:\nActs 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 10, eff. September 1, 2012.","path":["HEALTH AND SAFETY CODE","TITLE 2. HEALTH","SUBTITLE I. MEDICAL RECORDS","CHAPTER 181. MEDICAL RECORDS PRIVACY","SUBCHAPTER E. ENFORCEMENT"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.181.htm#181.205","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"71c56f3c51d03f1529bf32b3bd6db7b1a34e66166e9365e7ad53125bfc5faaaf","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-181.203","next":"us-tx/tex.-health-and-safety-code-181.206"},"notice":"GroundRules: Original legal text. Not legal advice."}