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TxHIMA Legal Manual©
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The Texas Health Information Management Association Board of Directors is pleased to publish this Texas Health Information Legal Manual© for its members and the healthcare industry in Texas. We would like to acknowledge the able assistance of Rachel V. Rose, JD, MBA in reviewing the materials for TxHIMA.

The TxHIMA Board’s goal in publishing this manual is to provide our membership with a valuable resource tool that helps them in their day-to-day operations during a time of vast, and ever-accelerating change in health care. A manual of this type has not been provided by TxHIMA since 2003. Since that time, our industry has implemented a Privacy Rule and a Security Rule. Texas has implemented a health information exchange network, as well as rewritten the health information privacy regulations. Most importantly, the industry has evolved from one where the records and information are largely in paper form to one where the information is largely digital and the sources of protected health information are expanding exponentially, especially with the Internet of Things. Our networks and databases are under constant assault from a variety of sources, both internal and external. It has never been more important to have high-quality resources.

As you use this manual, please remember that all information is just a resource. Please get expert legal advice before implementing any policy changes. Sample forms developed by the authors are for discussion purposes only. Forms should not be used without review by your organization’s legal counsel to ensure compliance with local, state and federal laws.

The TxHIMA Legal Manual© is the only resource in Texas that combines Federal and State Privacy Regulations in one reference. These materials are usually separate, but the legal manual brings the information all together. The TxHIMA Board is committed to keeping this valuable resource current and useful. Please provide feedback to us regarding how the manual can be improved either in presentation or content.

New updates to Chapters 2, 3, 7 and 8. Subscribe today to keep up to date with the TxHIMA Legal Manual!

Table of Contents

Chapter 1: Introduction

Chapter 2: Applicable Laws: Implementation & Compliance

Chapter 3: Consent, Authorization and Notice of Privacy Practices (NPP)

Chapter 4: Minors

Chapter 5. Personal Representatives

Chapter 6: Patient Rights with Respect to Information Access

Chapter 7: Handling Sensitive Information

Chapter 8: Health Information Exchange and Interoperability

Chapter 9: Disclosures for Legal Proceedings

Chapter 10: Breach Notification Rule

Chapter 11: General Rules for Release of Information

Chapter 12: Vital Statistics Reporting

Chapter 13: Communicable Disease & Public Health Reporting

Chapter 14: Protected Health Information of Decedents

Chapter 15: Use and Disclosure for Research Purposes


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