In the year that has passed, the Texas
legislature has made effort to more efficiently regulate the state health
system by adopting the Texas House Bill 300, or Texas HB 300 for short, which
took effect in September, 2012. Since then, various training programs have been
created, in an attempt to support the new requirements brought on by this
legislation. Following you will find all the innovations that came along with
the enactment of Texas HB 300.
• It is not entirely a new law. Rather, it can
be considered an updated version of previous acts, such as HIPAA
( the Health Insurance Portability and Accountability Act) and HITECH (the
Health Information Technology for Economic and Clinical Health act), which also
focused on protected health information, patient rights, and covered entity responsibilities.
• The difference between Texas HB 300 and
HIPAA or HITECH is that the former legislation imposes much stricter
regulations and more severe penalties for non compliance. Because of this,
Texas HB 300 can be regarded as an updated version of HIPAA and HITECH.
• While HIPAA and HITECH, in
general, refer to health care plans and health care providers as being "covered
entities", the Texas law has a much broader definition of the term. It
regards as covered entities any business associate, individual, or institution
that assembles, collects, stores, analyzes, and transmits protected health
information (PHI); any entity that comes in possession of PHI; any entity that
obtains and stores PHI; and any employee, contractor, or agent for the
previously mentioned entities.
TEXAS HIPAA |
• Although HIPAA training remains a
requirement, covered entities will also have to train their employees on Texas
HB 300. While with HIPAA, retraining is only required when significant changes
occur in the legislation, Texas HB 300 training has to be retaken at least once
every two years. Additionally, Texas HB 300 training for new employees has to
be completed in a shorter time frame than in the case of HIPAA training.
• Texas HB 300 has also increased patient's
rights to protected information, especially regarding electronic medical
records and has reduced the time frame in which covered entities are required
to release information to patients.
• Additionally, the new law has required the
Texas Attorney General to set up an official website that details patient's
rights to privacy both under Texas law and HIPAA.
and by imposing stricter requirements on
covered entities. The points covered above represent some of the most important
innovations the Texas law has introduced and that anyone should know about.
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