HIPAA allows covered entities to market virtually all types of health products, with a few restrictions, without obtaining authorization from the individual. The Texas Medical Privacy Act prohibits any release of PHI for marketing purposes without consent or authorization from the individual.
The Informed Consent Statute provides that, for a patient to recover against a provider for lack of informed consent, the patient must show that the provider was negligent in failing to disclose the risks or hazards that could have influenced a reasonable person in making a decision to give or withhold consent.
The Texas Medical Records Privacy Act created this chapter of the Texas Health and Safety Code and outlines rules for medical records privacy in Texas. This chapter of the Texas Insurance Code outlines the privacy of health information including penalties and enforcement.
Texas & Federal Laws This means that unless at least one of the parties to a conversation consents, both Texas and federal wiretapping laws make it a crime to record an audio conversation if the parties have a "reasonable expectation of privacy." This is true both in person and over the phone.
The Texas Medical Practice Act, or Texas Occupations Code, Title 3 Health Professions, is where the state statutes are written that govern the practice of medicine and define the limits and responsibilities of medical practice in Texas.
HIPAA allows covered entities to market virtually all types of health products, with a few restrictions, without obtaining authorization from the individual. The Texas Medical Privacy Act prohibits any release of PHI for marketing purposes without consent or authorization from the individual.
The Public Information Act (PIA) provides a mechanism for citizens to inspect or copy government records. It also provides that governmental bodies may withhold government records from the public in specific instances.
TMB Rules 165.2(a) Medical Record Release and Charges - As required by the Medical Practice Act/Texas Occupations Code 159.006, a physician shall furnish copies of medical and/or billing records requested or, if the patient prefers, a summary or narrative of the records pursuant to a written release of the information ...
A description of the information that will be used/disclosed. The purpose for which the information will be disclosed. The name of the person or entity to whom the information will be disclosed. An expiration date or expiration event when consent to use/disclose the information is withdrawn.
A covered entity is permitted, but not required, to use and disclose protected health information, without an individual's authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) ...