Note: This notice describes how medical information about you may be used and disclosed and how you can get access to this
information. This notice is for your information only. It doesn’t affect your benefits. Please review it carefully. Effective date: This notice takes effect Jan. 1, 2019 and stays in effect until replaced by another notice. Federal Health Insurance Portability and Accountability Act and the Texas Medical Records Privacy Act require us to protect the privacy and security of your health information. The Texas Identity Theft Enforcement and Protection
Act requires us to protect your sensitive personal information. When it comes to your health information, you have certain rights. You may:
Your ChoicesFor certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, tell us. You have both the right and choice to tell us to:
Our Uses and DisclosuresHow do we use or share your health information? Texas Health and Human Services Commission can:
How else can we use or share your health information? We are allowed or required to share your information in other ways — usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information: http://www.hhs.gov/hipaa/index.html. Your information can help HHS:
Our Responsibilities
For more information about
HIPAA: For more information about Texas Medical Records Privacy Act: For more information about Texas Identity Theft Enforcement and Protection
Act: Changes to the Terms of this NoticeWe may change the terms of this notice. The changes will apply to all information we have about you. The new notice will be available upon request, on our website and we will send you a copy (electronically or through mail). HHS will post updated notices on our public website at hhs.texas.gov, https://www.yourtexasbenefits.com/Learn/Home, and in public areas such as local HHS offices, HHS state hospitals and HHS state supported living centers. This Notice of Privacy Practices applies to all HHS medical facilities and medical programs. For a complete list of our medical programs, please visit us at https://www.hhs.texas.gov/hhs-services. Contact us for assistance in making health record requests or privacy requests.Texas Health and Human Services (HHS) What is the Texas Medical Privacy Act?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.
How does Texas HB 300 expand individual privacy protections HIPAA?by: 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”);
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.
Does HIPAA apply in Texas?Texas has two laws that serve as the state equivalent of the federal Health Insurance Portability and Accountability Act (HIPAA).
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