Is Texas HB 300 stricter than HIPAA?

The requirements of the Texas law are more stringent than those of its federal counterpart, the Health Insurance Portability and Accountability Act (“HIPAA”).

What are the ways that Texas HB 300 expands individual privacy protections beyond HIPAA?

Texas House Bill 300 Significantly Expands State’s Patient Privacy Protections for Covered Entities

• revising the definition of a “covered entity”;
• increasing mandates on covered entities, including requiring customized employee training;
• establishing standards for the use of electronic health records (“EHRs”);

How does HB 300 expand HIPAA?

Under HIPAA a covered entity had 30 days to provide copies of medical records, H.B. 300 shortens that time period to requiring a covered entity to produce electronic medical records to the patient within 15 business days of the patient’s written request.

What is the Texas HB 300?

Texas House Bill 300, known commonly as HB300, was passed by the 82nd Texas Legislature and went into effect on September 1, 2012. The law significantly amends several Texas laws to increase the protections and security associated with the storage and handling of protected health information (PHI).

How does Texas health privacy law differ from HIPAA?

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.

Does Texas HB 300 expand breach notification?

The scope of notification of a breach has also expanded under HB300. Any business that operates in Texas and handles PHI must provide notification of information breach to all patients regardless of residency. Previously breach information was only required for Texas state residents.

What are training requirements under HB 300?

What Does HB300 Require for Training? Training must cover federal and state regulatory requirements as well as include the covered entity’s course of business. It must also cover employees’ scope of employment as it relates to PHI use and disclosure.

Does Texas HB 300 expands the definition of HIPAA minimum necessary disclosure?

Texas HB 300 expanded the HIPAA definition of covered entity (healthcare providers, health plans, and healthcare clearing houses) to include any entity or individual that possesses, obtains, assembles, collects, analyzes, evaluates, stores, or transmits protected health information in any form.

Is HB 300 nationwide?

HB300 is now a nationwide Rule to add security to the existing HIPAA rules.

What is the HIPAA law in Texas?

Does Texas have HIPAA laws?

Texas has two laws that serve as the state equivalent of the federal Health Insurance Portability and Accountability Act (HIPAA). The first, the Texas Medical Records Privacy Act (“TMRPA”), is essentially Texas’ version of the HIPAA Privacy Rule.

What disclosures are permitted by HIPAA?

A covered entity may disclose protected health information to the individual who is the subject of the information. (2) Treatment, Payment, Health Care Operations. A covered entity may use and disclose protected health information for its own treatment, payment, and health care operations activities.

How often do you need HB 300 training?

twice every two years
How often must HB300 be trained on? All employees who work or do business in the state of Texas, must complete Texas HB300 within 60 days of hire. After initial training, ongoing training needs to be taken every year or at least twice every two years.

Does Texas HB 300 expand the definition of HIPAA minimum necessary disclosure?

What are the three rules of HIPAA?

The three HIPAA rules

• The Privacy Rule.
• Thee Security Rule.
• The Breach Notification Rule.

Can a patient record A doctor without consent Texas?

In short, a person who is a party to a phone or in-person conversation can record it without telling anyone about it. Thus, if a patient or family member is having a conversation with healthcare provider, it’s not a legal problem for the patient or family member to secretly record the conversation.

What information can be shared without violating HIPAA?

Health information such as diagnoses, treatment information, medical test results, and prescription information are considered protected health information under HIPAA, as are national identification numbers and demographic information such as birth dates, gender, ethnicity, and contact and emergency contact …

Who is excluded from HB 300 laws?

Texas HB 300 Exemptions The only entities not required to comply with Texas HB 300 are: Not-for-profit agencies that pay for healthcare services or prescription drugs for indigent persons if the primary business of the agency is not the provision of healthcare services or reimbursement for healthcare services.

What is HIPAA’s minimum necessary requirements?

Under the HIPAA minimum necessary standard, covered entities must make reasonable efforts to ensure that access to protected health information (PHI) is limited, per the HIPAA Privacy Rule, to the minimum amount of information necessary to fulfill or satisfy the intended purpose of a particular disclosure, request, or …