Notice and Authorization for Electronic Disclosure of Protected Health Information
- 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;
- b) 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 to another covered entity, as that term is defined by Section 181.001, or to a covered entity, as that term is defined by Section 602.001, Insurance Code, for the purpose of:
- A. treatment;
- B. payment;
- C. health care operations; or
- D. performing an insurance or health maintenance organization function described by Section 602.053, Insurance Code; or as otherwise authorized or required by state or federal law.
Texas Health and Safety Code Sec. 181.154