Texas HB 300, HIPPA and AMA Patient Privacy Regulations

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Greg Garner

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May 10, 2013, 5:00:03 PM5/10/13
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Greg Garner

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Article Title: Texas HB 300, HIPPA and AMA Patient Privacy Regulations
Author: Greg Garner
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Managed care organizations (MCO) require patients to sign general release forms and be aware of the privacy patient act. These forms authorize the release of medical information to the MCO and acknowledge that the patient is aware of their privacy rights. The language in patient release formsstate,"any medical provider must furnish toa managed care organization medical information that is required for patient treatment."

A program of health services can be shared among the attending physician, insurance companies and health care facilities as needed. However, before forwarding medical records to a managed care organization there needs to be a signed release copy on file with the health program, hospital, and physician. This form is mandated by both HIPPA regulations and Texas HB 300.Procedures also mandate that employees who work with patient records take Texas HB 300 courses.

Signing a Medical Release

In addition to the patient's signature, others who may grant permission to release medical record information to a third party are state specific. Texas HB 300 as well as HIPAA regulations state that medical records can be released upon signature and permission from the following parties:

� The patient if the patient is competent;
� An emancipated minor if court documents are provided;
� A legal guardian if the patient is incompetent or under age;
� The administrator of the patient�s estate if the patient has died.

Statutes define that medical records are highly confidential and can only be disclosed in a specifically provided circumstance. Patient�s rights do vary from state to state and there are those states that allow the health care professional or the insurance provider to limit the patient�s right to access of his own records. In addition, there are some states that do grant patient access to their own medical information without regulation. Conversely, Texas HB 300 only allows release of information if the following elements are included:

� Patients� name and all identifying information that may include a drivers� license or identification card, birth certificate or valid passport;
� Address of the health care professional treating the patient;
� Description of the information that may be released. This is to prevent all information in patient records from being released;
� Identity of the organization that furnished the private information;
� Specific language authorizing the release of patient private information;
� Time period that the release is valid;
� Signature of the patient, guardian or authorized signer. In some states the signature may or may not be notarized.

There are state regulations that demand reason statements for patient medical information disclosure. This statement is required under Texas HB 300. Failure to obtain the appropriate releases and reasons for medical record distribution will have dire consequences. In addition to Texas, there are twenty-one states that punish confidential information disclosure. Disciplinary action against the physician, clinic or health insurance companies can include actual revocation of medical and business licenses, high monetary fines, and censure of the medical entity.

Texas HB 300 carries on where HIPPA regulations leave off. It tightens up the statements that are somewhat vague, provides deeper definitions of entities, and gives stricter punishments for confidential information release.


About The Author: For more information, please visit our Texas HB 300 Course website http://www.hipaaexams.com/fire-and-electrical-safety-training.asp

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