Texas Health and Safety Code 181.154 – Notice and Authorization Required for Electronic Disclosure of Protected Health Information; Exceptions
(a) A covered entity shall provide notice to an individual for whom the covered entity creates or receives protected health information if the individual’s protected health information is subject to electronic disclosure. A covered entity may provide general notice by:
(1) posting a written notice in the covered entity’s place of business;
(2) posting a notice on the covered entity’s Internet website; or
(3) posting a notice in any other place where individuals whose protected health information is subject to electronic disclosure are likely to see the notice.
(b) Except as provided by Subsection (c), a covered entity may not electronically disclose an individual’s protected health information to any person without a separate authorization from the individual or the individual’s legally authorized representative for each disclosure. An authorization for disclosure under this subsection may be made in written or electronic form or in oral form if it is documented in writing by the covered entity.
Terms Used In Texas Health and Safety Code 181.154
- Covered entity: means any person who:
(A) for commercial, financial, or professional gain, monetary fees, or dues, or on a cooperative, nonprofit, or pro bono basis, engages, in whole or in part, and with real or constructive knowledge, in the practice of assembling, collecting, analyzing, using, evaluating, storing, or transmitting protected health information. See Texas Health and Safety Code 181.001 - Disclose: means to release, transfer, provide access to, or otherwise divulge information outside the entity holding the information. See Texas Health and Safety Code 181.001
- Health Insurance Portability and Accountability Act and Privacy Standards: means the privacy requirements in existence on September 1, 2011, of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. See Texas Health and Safety Code 181.001
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The authorization for electronic disclosure of protected health information described by Subsection (b) is not required if the disclosure is made:
(1) to another covered entity, as that term is defined by § 181.001, or to a covered entity, as that term is defined by § 602.001, Insurance Code, for the purpose of:
(A) treatment;
(B) payment;
(C) health care operations; or
(D) performing an insurance or health maintenance organization function described by § 602.053, Insurance Code; or
(2) as otherwise authorized or required by state or federal law.
(d) The attorney general shall adopt a standard authorization form for use in complying with this section. The form must comply with the Health Insurance Portability and Accountability Act and Privacy Standards and this chapter.
(e) This section does not apply to a covered entity, as defined by § 602.001, Insurance Code, if that entity is not a covered entity as defined by 45 C.F.R. § 160.103.