The Department of State Health Services is committed to providing full access to public information. To request records under the Texas Public Information Act: Submit a request in writing via U.S. Mail, fax or email. Include contact information and a clear description of the records you are requesting.
Under Texas law, your health care provider owns the actual medical record. For example, if your provider maintains paper medical records, they own and have the right to keep the original record. You only have the right to see and get a copy of it.
Your medical records must remain private. you can access your medical records. you can request to correct any mistakes you may find in your medical records. if you disagree with something in your medical records, you can make a written statement of disagreement that will be stored with your medical records.
How do I get my medical records? Put your request in writing and send it to the physician's address listed on the physician's Profile on the TMB website. You can also contact the TMB to determine if a custodian of records has been reported.
(1) The standard retention period is at least seven years from the date of last treatment by the physician or longer if required by other federal or state law.
The Texas Medical Privacy Act prohibits any release of PHI for marketing purposes without consent or authorization from the individual. Civil penalties: $100 per violation/day, up to $25,000/year each violation.
The Texas Medical Records Privacy Act requires "covered entities" to comply with HIPAA and adds additional protections. You can find these laws in the Chapter 181 of the Texas Health and Safety Code. A "covered entity" includes any person who assembles, collects, or uses health information.
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 ...
(b) Providers must maintain access to medical records for the duration of the required retention period. (c) Retention periods. (1) The standard retention period is at least seven years from the date of last treatment by the physician or longer if required by other federal or state law.
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.