Title HS, Health and Safety Code

Sec. 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 administer this chapter. (b) The executive commiss…

Sec. 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 that an individual received health care …

Sec. 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 under Article 5.76-3, Insurance Code; or (3) an employer. Added by Acts 2001, 77th Leg., ch. 151…

Sec. 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 its subsequent amendments. (b) To the extent that a…

Sec. 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 person only if the agency's primary business is not the provision of health care or reim…

Sec. 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 in connection with providing, administering, supporting, or coordinating any of the benefits under…

Sec. 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 is acting in connection with an employee benefit plan. Added by Acts 2001, 77th Leg., ch. 1511, Sec. 1, ef…

Sec. 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 communication, or emergency leave verification services for military pe…

Sec. 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 information and records relating to individuals in t…

Sec. 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. Section 1232g) and its subsequent amendments; or (2) records described by 20 U.S.C.…

Sec. 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 victims of crime as provided by Chapter 56B, Code of Criminal Proced…

Sec. 181.060. INFORMATION REGARDING COMMUNICABLE DISEASES IN CERTAIN FACILITIES. (a) In this section: (1) "Communicable disease" has the meaning assigned by Section 81.003. (2) "Facility" means: (A) a nursing facility licensed under Chapter 242; (B) a continuing care facility lic…

Sec. 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 and appropriate for the employees to carry out the employees' duties for the…

Sec. 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 request, the health care provider, not later than the 15th business day a…

Sec. 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 law; (2) a list of the state agencies, includin…

Sec. 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 and by the state agencies receiving consumer complaints unde…

Sec. 181.105. REQUIRED INFORMATION REGARDING CONSUMER ACCESS TO HEALTH RECORDS AND COMPLAINTS. (a) Except as provided by Subsection (b), a covered entity shall prominently post on the entity's Internet website and at any entity facility detailed instructions for a consumer to: (1…

Sec. 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 or authorization if required under this chapter or other state or federal l…

Sec. 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 communication, except if the communication is: (1) in the form of a face-…

Sec. 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 a covered entity may disclose an individu…

Sec. 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 prote…

Sec. 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 provided by Subsection (a), the attorney general may institute an action for ci…

Sec. 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 this state is subject to investigation and disciplinary proceedings, including probation or suspension by t…

Sec. 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 court finds the covered entity engaged in a pattern or practice of violating th…

Sec. 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 health information, a covered entity may introduce, as mitigating evidence, evidence of the en…

Sec. 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 and human services conduct an audit of a covered entity, as that term is defin…

Sec. 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) Expired. Added by Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 11, eff. September 1, 2012. A…