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

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FUNDRAISING HIPAA FEDERAL CE must provide a clear and conspicuous opt out opportunity. CE must honor the opt out request. Omnibus Rule CE can only use demographic information, insurance status, and dates of service to target fundraising communications. Opt out notice must be clear and conspicuous. Opt out method cannot be burdensome. CE must honor all opt out requests. CE may not condition payment or treatment on individual’s choice to receive fundraising communications. CE may use general information about the department in which the patient was served (i.e. cardiology), the identity of the treating physician, and general outcome information to target fundraising campaigns. CE may decide whether opt out should apply to all future fundraising communications or to a specific campaign. Texas Medical Records Privacy Act NA ITEP NA TEXAS 7
SALE OF PHI FEDERAL HIPAA/HITECH Prohibits the sale of PHI without patient authorization except for public health activities, cost and preparation of research activities, treatment and payment, health care operations — pursuant to BA activity — for the patient access to his/her PHI, and if the Secretary of HHS determines it is necessary and appropriate by regulation Omnibus Rule Prohibits CE or BA from receiving direct or indirect payment from the recipient of the PHI in exchange for the PHI without authorization from the individual. The authorization requirement does NOT apply for disclosures of PHI for: o public health purposes; o for research purposes where the only renumeration is a reasonable cost-based fee to cover the cost to prepare and transmit the PHI; o for treatment, payment, or health care operations; o to or by a BA for activies that the BA undertakes on behalf of the CE, and the only renumeration is for the performace of such activities; o to an individual, when requested under the access and accounting of disclosures provisions of the Privacy Rule; o for disclosures required by law; or o for any other purpose permitted by and in accordance with the applicable requirements of the Privacy Rule, where the only renumeration is a reasonable cost-based fee to cover the cost to prepare and transmit the PHI or a fee otherwise expressly permitted by other law. Ongoing research studies will be grandfathered. CE may continue to use a limited data set in accordance with an existing data agreement up to one year or until it is renewed or modified, whichever is earlier Texas Medical Records Privacy Act NA ITEP HB 300 NA TEXAS Prohibits sale of PHI except for treatment, health care operations, performing insurance or health maintenance organization function, or as otherwise authorized by state or federal law. 8
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Page 3 and 4: CONTINUED CHANGES IN PRIVACY LAWS F
Page 5 and 6: PATIENT RIGHTS TRAINING FEDERAL HIP
Page 7: MARKETING FEDERAL HIPAA/HITECH HIT
Page 11 and 12: ACCESS TO DECEDENT INFORMATION BY F
Page 13 and 14: STANDARDS FOR SECURING PHI & ePHI H
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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