Texas Health and Safety Code

§ 181.154 — NOTICE AND AUTHORIZATION REQUIRED FOR ELECTRONIC DISCLOSURE OF PROTECTED HEALTH INFORMATION; EXCEPTIONS

HS § 181.154Title 2. HEALTH · Part I. MEDICAL RECORDS · Ch. 181. MEDICAL RECORDS PRIVACY · Art. D. PROHIBITED ACTS

Statute text

(a)A covered entity shall provide notice to an individual for whom the covered entity creates or receives protected health information if the individual's protected health information is subject to electronic disclosure. A covered entity may provide general notice by:

(1)posting a written notice in the covered entity's place of business;

(2)posting a notice on the covered entity's Internet website; or

(3)posting a notice in any other place where individuals whose protected health information is subject to electronic disclosure are likely to see the notice.

(b)Except as provided by Subsection (c), a covered entity may not electronically disclose an individual's protected health information to any person without a separate authorization from the individual or the individual's legally authorized representative for each disclosure. An authorization for disclosure under this subsection may be made in written or electronic form or in oral form if it is documented in writing by the covered entity.

(c)The authorization for electronic disclosure of protected health information described by Subsection (b) is not required if the disclosure is made:

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Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 7, eff. September 1, 2012.