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HIPAA Rules in Texas

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    Facts

    • HIPPA protects a patient's private health care records, such as information regarding medical treatments or health care payments. In addition, HIPPA's Electronic Data Exchange (EDI) creates a uniform way of documenting patient medical procedures to ensure overall privacy. HIPPA violations can have serious disciplinary consequences for health care providers. A provider can be fined $100 to $25,000 per violation.

    Covered Entities

    • According to the Health and Safety Code of Texas, a covered entity (e.g., health plans, health care providers) is any provider who stores or gathers public health information (PHI). Covered entities have to follow all guidelines under HIPPA. Providers can distribute (PHI) in an oral, electronic or written format. Public health information includes any documents which disclose a patient's health or medical records. Although HIPPA sets standards for medical privacy nationwide, states can adopt laws with higher standards for health privacy that supersede federal standards. In Texas law, privacy standards for covered entities are comparable to federal law.

    Exempt Entities

    • Texas does not generally consider employers as covered entities under state law; therefore, employers may not be subject HIPPA standards. Additionally, non-profit agencies may also be exempt from HIPPA if the agency does not operate as a health care business and offers financial assistance to indigent clients needing health care services.

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