Texas Administrative Agencies Tackle Compliance with the Health Insurance Portability and Accountability Act’s Privacy Rule

Date

2004

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Journal of Texas Administrative Law

Abstract

Overall, this comment illustrates the need for HIPAA’s Privacy Standard, analyzes the Standard, and shows the impact of the Standard on Texas administrative agencies’ rulemaking. It discusses what HIPAA’s new standards provide, who must comply with HIPAA, uses and disclosures of “Protected Health Information”, individual rights granted by the privacy standard, and compliance and enforcement related to the Act. It addresses Texas’s efforts to comply with HIPAA privacy through Senate Bill 11 and the creation of the HIPAA Program Management Office, and it directly compares Chapter 181 of the Health and Safety Code with HIPAA. Then, it shows specific Texas administrative agencies compliance efforts, including: the Texas Department of Health, the Texas Department of Human Services, and the Texas Department of Mental Health and Mental Retardation. Finally, it addresses the direct effects of HIPAA on the Texas Department of Insurance.

Description

Keywords

Administrative law, Administrative agency, Health Insurance Portability and Accountability Act, HIPAA, Federal Privacy Standard, Texas Department of Health, Texas Department of Human Services, Texas Department of Mental Health and Mental Retardation, Protected health information

Citation

5 Tex. Tech J. Tex. Admin. L. 87