Sec. 843.007. CONFIDENTIALITY OF MEDICAL AND HEALTH INFORMATION. (a) Any information relating to the diagnosis, treatment, or health of an enrollee or applicant obtained by a health maintenance organization from the enrollee or applicant or from a physician or provider shall be held in confidence and may not be disclosed to any person except:
(1) to the extent necessary to accomplish the purposes of this chapter or:
(A) Section 1367.053;
(B) Subchapter A, Chapter 1452;
(C) Subchapter B, Chapter 1507;
(D) Chapter 222, 251, or 258, as applicable to a health maintenance organization; or
(E) Chapter 1271 or 1272;
(2) with the express consent of the enrollee or applicant;
(3) in compliance with a statute or court order for the production or discovery of evidence; or
(4) in the event of a claim or litigation between the enrollee or applicant and the health maintenance organization in which the information is pertinent.
(b) A health maintenance organization is entitled to claim the statutory privilege against disclosure that the physician or provider who provides the information to the health maintenance organization is entitled to claim.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2E.031, eff. April 1, 2009.
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