HIPAA/HITECH and Texas Privacy Laws Comparison Tool ... - TMLT

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DISCLAIMER The information contained in this document highlights the various laws and statutes set forth below. It does not, nor does it intend to, address all provisions of the specific laws and statutes cited herein. Further, the statutes and laws referenced in this tool are not an exhaustive list of federal and Texas privacy laws. This document is intended merely as an aid to assist physicians and their office staff in understanding their obligations under the changes to privacy provisions found in House Bill 300 (HB 300), Senate Bill 1609 (SB1609) and Senate Bill 1610 (SB 1610) as compared to the various federal privacy counterparts set forth in HIPAA/HITECH and HIPAA Omnibus Rule. TMLT makes no representation that compliance with the provisions set forth in this tool will constitute full compliance with the various federal and state privacy laws. The information presented should be used as a resource, selected and adapted with the advice of your attorney. It is distributed with the understanding that TMLT and its affiliates are not engaged in rendering legal services. © Copyright 2013 TMLT 1
CONTINUED CHANGES IN PRIVACY LAWS For medical practices, or Covered Entities (CE) in Texas, and now their Business Associates (BA), minimizing your risk of violations with federal and Texas privacy laws is not a onetime event. The laws and rules keep changing. It is essential that CEs and BAs understand the federal and Texas laws and their associated rules and how they apply to the organization. In January 2013, the HIPAA Omnibus Rule, also known as the “Final Rule” was released. The changes in this rule are significant and will once again require CEs and BAs to make changes to their standard business processes. All CEs and BAs must be compliant by September 23, 2013, with a few exceptions. Making the necessary changes is very important since the enforcement and the associated civil monetary penalties are greatly increased with the Final Rule. After reviewing this tool you should consider: 1. Reviewing and updating policies and procedures 2. Reviewing and updating Notice of Privacy Practices (NPP) 3. Retraining workforce on the changes 4. Preparing/reviewing and amending Business Associate Agreements (BAA) In 2011, members of the Texas legislature passed House Bill 300 (HB 300) to add further safeguards for protected health information (PHI) for patients being treated by Texas physicians. The HB 300 changes that were made to existing Texas privacy laws are more stringent than those found in the federal laws — Health Insurance Portability and Accountability Act (HIPAA) and Health Information and Technology for Economic and Clinical Health Act (HITECH) — and went into effect September 1, 2012. The recently concluded 2013 Texas legislature again brought changes to the Texas Medical Records Privacy Act and Identity Theft Enforcement and Protection Act (ITEP). These changes were made at the urging of TMLT and were supported by TMA to help Texas physicians comply with the 2011 changes by easing the burden of educating staff as well as clarifying reporting requirements of ITEP. Again it is very important for physicians and their office staff to be familiar with the existing laws and changes to those laws in order to minimize the risk of violations. Consequences may include the assessment of civil penalties in Texas in addition to penalties for violating the federal laws. This comparison chart is made available from TMLT, to help you review the changes to the federal and Texas privacy laws. Physician practices, as CEs, and their BAs should take this opportunity to review their existing HIPAA/HITECH policies, procedures and practices. Further, modifications to these existing policies, procedures, and practices will need to be made to reflect the requirements under the revised Texas privacy laws and the Final Rule. HIPAA Privacy and Security are the foundation for the many changes we have seen on both a federal and state level as well as the changes that are sure to come as technology continues to change and immediate access to health records evolves. TMLT has additional resources available and can provide customized consultation services to help your practice. Call Stephanie Downing at 1-800-580-8658, extension 4884 or email consultingwebmail@tmlt.org for more information. 2
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Page 5 and 6: PATIENT RIGHTS TRAINING FEDERAL HIP
Page 7 and 8: MARKETING FEDERAL HIPAA/HITECH HIT
Page 9 and 10: SALE OF PHI FEDERAL HIPAA/HITECH P
Page 11 and 12: ACCESS TO DECEDENT INFORMATION BY F
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Page 15 and 16: BUSINESS ASSOCIATES AND THEIR SUBCO
Page 17: About the Author: Cathy Bryant is a

HIPAA/HITECH and Texas Privacy Laws Comparison Tool ... - TMLT

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