Texas HIPAA Laws: A Guide to Protecting Patient Data

As a healthcare provider in Texas, you're likely no stranger to the importance of protecting patient data. Texas HIPAA laws are in place to ensure that sensitive information remains confidential and secure.

The Texas Department of Insurance oversees the enforcement of HIPAA laws in the state, which means that any breaches or non-compliance will be reported to them.

In Texas, HIPAA laws dictate that healthcare providers must have a clear policy in place for handling patient data, including procedures for storing, sharing, and disposing of electronic protected health information (ePHI).

Texas healthcare providers must also designate a HIPAA compliance officer to oversee the implementation and enforcement of HIPAA policies and procedures.

Texas HIPAA law is a set of regulations that focuses on maintaining the privacy of Protected Health Information (PHI) for patients and customers. It's a key part of ensuring that healthcare providers in Texas meet and exceed the standards for the privacy and security of PHI.

The Texas Privacy Act, also known as the TMRPA, is a law that regulates business entities that collect, store, or transmit healthcare data. This means that any organization that handles PHI, regardless of HIPAA coverage, is subject to the Texas Privacy Act.

Texas law defines "covered entities" as hospitals, care, or insurance providers that are subject to regulations like HIPAA and TMRPA. These entities cannot use personal health information for any reason other than providing treatment, securing payment, or for insurance purposes.

To protect sensitive personal information, businesses must implement and maintain reasonable procedures to prevent unauthorized disclosures. This includes taking any appropriate corrective action to protect sensitive personal information from unlawful use or disclosure.

Here's a breakdown of what constitutes "Sensitive Personal Information" under the Texas Data Breach Notification Law:

Sensitive Personal Information also includes information that identifies a person and relates to their physical or mental health, the provision of health care, or payment for health care.

If a breach of system security occurs, entities must disclose the breach within 60 days of determining it has happened. If the breach affects at least 250 Texas residents, the entity must also notify the Texas Attorney General with specific details about the breach.

The Texas HIPAA laws have some key components and requirements that are worth noting. Texas HIPAA law applies to any organization that serves Texas individuals that handles PHI, not just covered entities as defined under HIPAA.

Texas HIPAA training requirements are stricter than those in the HIPAA Privacy Rule. Employees of Texas HIPAA covered entities must complete the Texas HIPAA training requirements no later than the 90th day after their hire.

The Texas Privacy Act (TMRPA) has several key components that set it apart from other regulations protecting Personal Health Information (PHI). Most of these components mirror the key requirements under HIPAA.

One of the key aspects of the TMRPA is that it applies to any organization that serves Texas individuals that handles PHI, not just covered entities as defined under HIPAA. This means a wider range of organizations are subject to its requirements.

The TMRPA's requirements are substantial and differ significantly from other regulations protecting PHI.

Limiting Use is a crucial aspect of handling Personal Health Information (PHI). Texas consumers have the right to request that you limit the use of their PHI.

You must provide notice on any piece of mail used for physical or email marketing, explaining the person's right to be removed and providing a toll-free number they can call to request removal.

Protected Health Information (PHI) is private and should remain private. This is why healthcare institutions are required by federal and state law to protect and maintain the privacy of your health information.

The basis for federal privacy protection is the Health Insurance Portability and Accountability Act (HIPAA) and its regulations, known as the “Privacy Rule” and “Security Rule”.

HIPAA protects all information that could be used to identify you, including past, present, or future health, healthcare or treatment, and payment for your healthcare.

Here are some examples of protected information:

HIPAA applies to any person or group in the nation who handles your health records, including healthcare providers, insurance companies, and healthcare clearinghouses.

Unless you give your permission, your providers, insurance company, and any other company that handles your information must not share it.

HIPAA also protects information relating to reproductive healthcare, but disclosures must meet specific requirements to be permissible.

Compliance with Texas HIPAA laws is a serious business, and the penalties for non-compliance are no joke. Non-compliance can result in financial and operational consequences for healthcare providers.

You'll need to audit and inventory all of your PHI collection, handling, storage, and transmission activities to determine the scope of compliance activities. This may be the first time your business is subject to regulatory requirements, so it's essential to get it right.

Penalties for non-compliance can range from up to $5,000 to $250,000 per violation, depending on the severity of the breach. The maximum financial penalty is $1.5 million per year in cases where there has been a pattern of noncompliance.

To ensure compliance, you'll need to develop an all-encompassing roadmap with an experienced compliance partner. This will help you identify areas for improvement and implement necessary changes to meet the Texas Privacy Act standards.

Here are the tiered penalties for non-compliance with Texas HB 300:

It's essential to work with a compliance partner to develop a comprehensive strategy encompassing risk assessment, policy development, and ongoing education. Regular training tailored to the specifics of Texas legislation can empower staff to protect patient privacy effectively.

Compliance with Texas HIPAA laws requires a significant investment of time, manpower, and resources.

You'll need to audit and inventory all of your PHI collection, handling, storage, and transmission activities to determine the scope of compliance activities. This may be the first time your business is subject to any such regulatory requirements.

Developing an all-encompassing roadmap with an experienced compliance partner is crucial to ensure you have adequate internal compliance resources and know-how. This partner will help you implement Texas Privacy Act processes within your organization efficiently and cost-effectively.

Employee training is a critical aspect of compliance, with the law mandating that employees be trained within the first 60 days of hire and receive a refresher training every two years. Having a compliance partner will help you formulate an appropriate curriculum and schedule refresher sessions within the mandated time frame.

Regular training tailored to the specifics of Texas legislation can empower staff to protect patient privacy effectively, fostering a culture of compliance and security within healthcare organizations.

In Texas, you have the right to access your medical records. Texas law says you can see and copy your records, and if you find mistakes, you can ask to have them fixed.

The Texas Medical Records Privacy Act (TMRPA) requires healthcare providers to respond to patient requests for electronic health records within 15 days, which is faster than the 30-day window under HIPAA.

To access your medical records, you can make a written request to your healthcare provider. They must provide you with written notice of the use and disclosure of your Protected Health Information (PHI) if you make a written request.

Healthcare providers must also provide formal privacy training for employees within 60 days of hiring, and this training must be updated at least every two years.

Here's a summary of your rights under the Texas Medical Records Privacy Act:

Remember, your healthcare provider must protect your PHI and follow the rules set by the Texas Medical Records Privacy Act and HIPAA.

Your doctor can share your private health information (PHI) without your permission for treatment and healthcare, payment, public health reasons, or certain kinds of research.

Only the minimum amount of information should be shared, so be sure to ask your doctor what information was shared and how it will be used.

Your doctor can share your PHI with the hospital where you'll have surgery, a specialist who'll treat you, or to get paid for your care.

But your doctor cannot give your PHI to a life insurance company unless you give specific written permission.

Here are some examples of when your PHI can be shared without your permission:

Insurance companies are prohibited from using a "preexisting condition" to deny coverage, charge you more, or limit benefits based on your preexisting condition, unless you purchased your insurance before 2010.

All employees who handle PHI in Texas must undergo formal privacy training within 60 days of beginning employment.

Texas HIPAA training requirements are stricter than those in the HIPAA Privacy Rule, and every covered entity must provide training on PHI to employees.

The Texas definition of PHI is the same as the federal HIPAA definition, but Texas law diverges from HIPAA in several ways, including the right of access.

Employees of Texas HIPAA covered entities must complete the Texas HIPAA training requirements no later than the 90th day after their hire.

There is no Texas HIPAA certification, just as there is no federal HIPAA certification.

If an employee's duties are affected by a material change in Texas or federal law concerning protected health information, they must receive training within a reasonable period, but no later than the first anniversary of the date the material change in law takes effect.

A covered entity must require employees who receive training to sign, electronically or in writing, a statement verifying the employee's completion of training.

In Texas, healthcare providers must obtain a release form from patients before using or disclosing their Protected Health Information (PHI) for purposes outside of treatment, payment, or healthcare operations. This includes marketing purposes, where a patient's testimonial may be used on a healthcare provider's website.

A Texas standard HIPAA release form must include the patient's contact information, allow the patient to select who their information can be disclosed to, and permit them to choose the purposes for which their PHI can be disclosed.

The form must also have the patient's signature and the authorization date. This ensures that patients have control over their PHI and can revoke their consent at any time.

Here are the key requirements for a HIPAA release form in Texas:

If a patient requests it, healthcare providers must provide written notice of the use and disclosure of their PHI. While there is no specific breach notification requirement in the Texas Privacy Act, companies are still mandated to notify users in the event of a breach under Texas' own breach notification statute.

The Texas Identity Theft Enforcement and Protection Act, or TITEPA, requires any entity that owns, licenses, or maintains sensitive personal information to adopt measures preventing unauthorized access, theft, or use.

TITEPA mandates immediate breach notification procedures that are more demanding than HIPAA's, requiring healthcare providers to report any data breach affecting sensitive information to affected individuals and the Texas Attorney General if it involves more than 250 Texas residents.

Sensitive Personal Information is defined as an individual's first name or first initial and last name in combination with any one of the following items: Social Security Number, Driver license number or government-issued ID number, Bank account number, Credit or debit card number, or The security credit or debit cards.

Sensitive Personal Information also includes information that identifies a person and relates to the physical or mental health or condition of the individual, the provision of health care to the individual, or payment for the provision of health care to the individual. This definition is essentially the same as the definition of PHI under HIPAA.

Under the Texas data breach notification law, businesses must implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect sensitive personal information from unlawful use or disclosure.

Entities required to provide notification of a data breach of at least 250 Texas residents must also notify the Texas Attorney General with specific details about the breach, including how many people were affected and what measures the entity has taken regarding the breach.

Here are the specific details that must be included in the notification: