Texas Health And Safety Code Title 2, Chapter 181 - Medical Records Privacy
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 181.001 - Definitions
(a) Unless otherwise defined in this chapter, each term that is used in this chapter has the meaning assigned by the Health Insurance Portability and...
- Texas Section 181.002 - Applicability
(a) Except as provided by Section 181.205, this chapter does not affect the validity of another statute of this state that provides greater confidentiality for...
- Texas Section 181.003 - Sovereign Immunity
This chapter does not waive sovereign immunity to suit or liability. Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, eff. Sept. 1, 2001.
- Texas Section 181.004 - Applicability Of State And Federal Law
(a) A covered entity, as that term is defined by 45 C.F.R. Section 160.103, shall comply with the Health Insurance Portability and Accountability Act and...
- Texas Section 181.005 - Duties Of The Executive Commissioner
(a) The executive commissioner shall administer this chapter and may adopt rules consistent with the Health Insurance Portability and Accountability Act and Privacy Standards to...
SUBCHAPTER B EXEMPTIONS
- Texas Section 181.006 - Protected Health Information Not Public
Notwithstanding Sections 181.004 and 181.051, for a covered entity that is a governmental unit, an individual's protected health information: (1) includes any information that reflects...
- Texas Section 181.051 - Partial Exemption
Except for Subchapter D, this chapter does not apply to: (1) a covered entity as defined by Section 602.001, Insurance Code; (2) an entity established...
- Texas Section 181.052 - Processing Payment Transactions By Financial Institutions
(a) In this section, "financial institution" has the meaning assigned by Section 1101, Right to Financial Privacy Act of 1978 (12 U.S.C. Section 3401), and...
- Texas Section 181.053 - Nonprofit Agencies
The executive commissioner shall by rule exempt from this chapter a nonprofit agency that pays for health care services or prescription drugs for an indigent...
- Texas Section 181.054 - Workers' Compensation
This chapter does not apply to: (1) workers' compensation insurance or a function authorized by Title 5, Labor Code; or (2) any person or entity...
- Texas Section 181.055 - Employee Benefit Plan
This chapter does not apply to: (1) an employee benefit plan; or (2) any covered entity or other person, insofar as the entity or person...
- Texas Section 181.056 - American Red Cross
This chapter does not prohibit the American Red Cross from accessing any information necessary to perform its duties to provide biomedical services, disaster relief, disaster...
- Texas Section 181.057 - Information Relating To Offenders With Mental Impairments
This chapter does not apply to an agency described by Section 614.017 with respect to the disclosure, receipt, transfer, or exchange of medical and health...
- Texas Section 181.058 - Educational Records
In this chapter, protected health information does not include: (1) education records covered by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C....
SUBCHAPTER C ACCESS TO AND USE OF PROTECTED HEALTH INFORMATION
- Texas Section 181.059 - Crime Victim Compensation
This chapter does not apply to any person or entity in connection with providing, administering, supporting, or coordinating any of the benefits regarding compensation to...
- Texas Section 181.101 - Training Required
(a) Each covered entity shall provide training to employees of the covered entity regarding the state and federal law concerning protected health information as necessary...
- Texas Section 181.102 - Consumer Access To Electronic Health Records
(a) Except as provided by Subsection (b), if a health care provider is using an electronic health records system that is capable of fulfilling the...
- Texas Section 181.103 - Consumer Information Website
The attorney general shall maintain an Internet website that provides: (1) information concerning a consumer's privacy rights regarding protected health information under federal and state...
SUBCHAPTER D PROHIBITED ACTS
- Texas Section 181.104 - Consumer Complaint Report By Attorney General
(a) The attorney general annually shall submit to the legislature a report describing: (1) the number and types of complaints received by the attorney general...
- Texas Section 181.151 - Reidentified Information
A person may not reidentify or attempt to reidentify an individual who is the subject of any protected health information without obtaining the individual's consent...
- Texas Section 181.152 - Marketing Uses Of Information
(a) A covered entity must obtain clear and unambiguous permission in written or electronic form to use or disclose protected health information for any marketing...
- Texas Section 181.153 - Sale Of Protected Health Information Prohibited; Exceptions
(a) A covered entity may not disclose an individual's protected health information to any other person in exchange for direct or indirect remuneration, except that...
SUBCHAPTER E ENFORCEMENT
- Texas Section 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...
- Texas Section 181.201 - Injunctive Relief; Civil Penalty
(a) The attorney general may institute an action for injunctive relief to restrain a violation of this chapter. (b) In addition to the injunctive relief...
- Texas Section 181.202 - Disciplinary Action
In addition to the penalties prescribed by this chapter, a violation of this chapter by a covered entity that is licensed by an agency of...
- Texas Section 181.203 - Exclusion From State Programs
In addition to the penalties prescribed by this chapter, a covered entity shall be excluded from participating in any state-funded health care program if a...
- Texas Section 181.205 - Mitigation
(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...
- Texas Section 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...
- Texas Section 181.207 - Funding
(a) The commission and the Texas Department of Insurance shall apply for and actively pursue available federal funding for enforcement of this chapter. (b) Notwithstanding...
Last modified: September 28, 2016