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

PROVIDE AN ELECTRONIC COPY OF PHI
FEDERAL
HIPAA/HITECH
CE must provide patients with their PHI within 30 days of receipt of
request in form requested if readily producible in such form.
If CE uses or maintains electronic health records (EHRs), patient has the
right to receipt of PHI in electronic format and to direct CE to transmit
such copy directly to an entity or person designated by patient.
HITECH created the patient right to obtain electronic copies of PHI
maintained in EHR.
HITECH established that the fee for copies was to be based on the labor
costs.
Omnibus Rule
Individuals have the right to obtain an electronic copy of any PHI
“maintained electronically in one or more designated record sets”.
If electronic information is not readily producable in the form and
format requested, the information must be provided in an alternative
readable electronic form and format as agreed to by the CE and the
individual.
The labor of copying ePHI may be included in the reasonable cost-based
fee.
The cost of supplies (i.e. CD or USB drives) may be included in the
reasonable cost-based fee if the individual requests that the electronic
copy be provided on portable media.
The cost of postage may be included in the reasonable cost-based fee if
the individual requests that the portable device containing the
electronic copy be sent by mail or courier.
Texas Medical Records Privacy Act
NA
HB 300
ITEP
TEXAS
CE must provide patients with an electronic copy of their medical records
within 15 days of receipt of written request for same if CE uses EHR system
capable of fulfilling request (15 days is consistent with TMB rules on release of
records);
CE may provide records to patient in another format if patient agrees to same;
Texas Health & Human Services Commission may recommend standard
electronic format for release of EHRs; and
Texas Attorney General has established a website to provide information on
individual’s privacy rights concerning PHI under state and federal law, list of
state agencies that regulate CEs and information regarding each agency’s
complaint enforcement process and contact information.
NA
Practical Tip – Revise your policy and procedure on the release of
records to be sure it reflects Texas requirements.
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