Can I collect health information from participants in Texas? What are the requirements?

Collecting Health Information from Participants in Texas: Requirements

To collect health information from participants in Texas, you must comply with all applicable federal and state statutes, rules, and regulations pertaining to privacy of protected health information (PHI) including, but not limited to, the federal and state statutes, rules, and regulations described in §414.5 of this title (relating to Regulations and Statutes Governing Confidentiality of Protected Health Information) ^[1.1][1.2].

Under Texas law, you may ask the Texas Department of Human Services (DHS) to limit the uses and disclosures of your individually identifiable health information more than the law requires. However, DHS is not required to agree to any limit you ask for ^[2.1].

You have a right to look at or get a copy of the information that DHS keeps in a designated record set about you, except as stated in subsection (b) of this section ^[2.2].

DHS will disclose only the individually identifiable health information needed to accomplish the purpose for which the information is sought. DHS will not disclose individually identifiable health information when the purpose of the disclosure can be accomplished with de-identified health information, unless the law says otherwise ^[2.3].

If a health care provider is using an electronic health records system that is capable of fulfilling the request, the health care provider, not later than the 15th business day after the date the health care provider receives a written request from a person for the person’s electronic health record, shall provide the requested record to the person in electronic form unless the person agrees to accept the record in another form ^[3.1].

The attorney general shall maintain an Internet website that provides information concerning a consumer’s privacy rights regarding protected health information under federal and state law ^[3.2].

All records, reports, and testimony relating to the medical condition of an applicant or license holder are for the confidential use of the medical advisory board, a panel, or the Department of Public Safety of the State of Texas; are privileged information; and may not be disclosed to any person or used as evidence in a trial except as provided by Subsection (b) ^[5.1].

It is important to note that the collection of health information may be subject to certain exceptions and requirements, and it is recommended that you consult with a legal professional to ensure compliance with all applicable laws and regulations.

Therefore, to collect health information from participants in Texas, you must comply with all applicable federal and state statutes, rules, and regulations pertaining to privacy of protected health information (PHI) and ensure that you comply with the requirements set forth in the Notice of Privacy Practice ^[1.1][1.2].

Source(s):

• [1.1] Regulations and Statutes Governing Confidentiality of Protected Health Information
• [2.1] Requests for Further Limits on Uses and Disclosures of Individually Identifiable Health Information
• [2.2] Right of Access to Your Individually Identifiable Health Information
• [2.3] Disclosure of Health Information
• [3.1] CONSUMER ACCESS TO ELECTRONIC HEALTH RECORDS.
• [3.2] CONSUMER INFORMATION WEBSITE.
• [1.2] Requirements
• [5.1] CONFIDENTIALITY REQUIREMENTS.

Jurisdiction

Texas

• Privacy