Health Information Management

Texas in early stages of new medical privacy law

HIM-HIPAA Insider, September 10, 2012

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The Lone Star state is cracking down on privacy.

Texas House Bill 300 went into effect September 1 and amends the state’s Health and Safety Code—or Texas Medical Records Privacy Act (“Texas Act”)—to update provisions relating to compliance with HIPAA and PHI. It also amends portions of the Texas Identity Theft Enforcement and Protection Act.
 
Texas Governor Rick Perry signed the bill into law June 17, 2012. Much of it is administered by the Texas Health and Human Services Commission (HHSC). The bill includes provisions relating to training required for employees of covered entities, consumer access to and use of PHI, and a report by the attorney general regarding consumer complaints.
 
Texas HB 300 also:
  • Prohibits the sale of PHI by a covered entity, with certain exceptions
  • Sets out requirements relating to the electronic disclosure of certain PHI
  • Requires the attorney general, no later than January 1, 2013, to adopt a standard authorization form for use in complying with those disclosure requirements
  • Raises and sets caps on civil penalties for a violation of state medical records privacy laws based on certain standards of culpability
  • Establishes the powers and duties of HHSC relating to audits of covered entities
  • Amends breach notification provisions
Read more on HIPAA Update. http://blogs.hcpro.com/hipaa/2012/09/texas-in-early-stages-of-new-medical-privacy-law/



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