Texas Health and Safety Code 181.206 – Audits of Covered Entities
(a) The commission, in coordination with the attorney general and the Texas Department of Insurance:
(1) may request that the United States secretary of health and human services conduct an audit of a covered entity, as that term is defined by 45 C.F.R. § 160.103, in this state to determine compliance with the Health Insurance Portability and Accountability Act and Privacy Standards; and
(2) shall periodically monitor and review the results of audits of covered entities in this state conducted by the United States secretary of health and human services.
(b) If the commission has evidence that a covered entity has committed violations of this chapter that are egregious and constitute a pattern or practice, the commission may:
(1) require the covered entity to submit to the commission the results of a risk analysis conducted by the covered entity if required by 45 C.F.R. § 164.308(a)(1)(ii)(A); or
(2) if the covered entity is licensed by a licensing agency of this state, request that the licensing agency conduct an audit of the covered entity’s system to determine compliance with the provisions of this chapter.
Terms Used In Texas Health and Safety Code 181.206
- 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 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) The commission annually shall submit to the appropriate standing committees of the senate and the house of representatives a report regarding the number of federal audits of covered entities in this state and the number of audits required under Subsection (b).