Texas Insurance Code - Section 501.254. Confidentiality And Use Of Information
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§ 501.254. CONFIDENTIALITY AND USE OF INFORMATION. (a)
Except as provided by this section, information collected under
this subchapter is subject to Chapter 552, Government Code, and the
office shall make determinations on requests for information in
favor of access.
(b) The office may not make public any confidential
information provided to the office under this subchapter but may
disclose a summary of the information that does not directly or
indirectly identify the health maintenance organization that is the
subject of the information. The office may not release, and a
person or entity may not gain access to, any information that:
(1) could reasonably be expected to reveal the
identity of a patient or physician;
(2) reveals the zip code of a patient's primary
residence;
(3) discloses a provider discount or a differential
between a payment and a billed charge; or
(4) relates to an actual payment made by a payer to an
identified provider.
(c) Information collected or used by the office under this
subchapter is subject to the confidentiality provisions and
criminal penalties of:
(1) Section 81.103, Health and Safety Code;
(2) Section 311.037, Health and Safety Code; and
(3) Chapter 159, Occupations Code.
(d) Information on patients and physicians that is in the
possession of the office and any compilation, report, or analysis
produced from the information that identifies patients and
physicians is not:
(1) subject to discovery, subpoena, or other means of
legal compulsion for release to any person or entity; or
(2) admissible in any civil, administrative, or
criminal proceeding.
(e) Notwithstanding Subsection (b)(2), the office may use
zip code information to analyze information on a geographical
basis.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
Section: 501.202 501.203 501.204 501.205 501.251 501.252 501.253 501.254 521.001 521.002 521.003 521.004 521.005 521.051 521.052
Last modified: August 10, 2007
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