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 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.
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