Texas Health and Safety Code section 181, a/k/a the Texas Medical Records Privacy Act or TMRPA requires covered entities such as BNTL to provide our clients with general notice about disclosure of Protected Health Information (PHI).
In pursuing our clients’ claims, we may create or receive Protected Health Information (PHI)-as defined by the Health Insurance Portability and Accountability Act and Privacy Standards (HIPAA)-that will be subject to electronic disclosure. We may disclose a client’s PHI as necessary to resolve their claim. Under Texas Health and Safety Code Section 181,154(c), we do not need a separate authorization for each disclosure of PHI to another covered entity, as that term is defined by Texas Health and Safety Code Section 181.001 or by Texas Insurance Code Section 602.001, if disclosed for the purpose of treatment or payment, or if disclosed as otherwise authorized or required by state or federal law. Therefore, we will not seek separate authorization for each disclosure of this nature.
This new law does not change how we approach insurance companies in resolving our clients’ claims. It simply requires that we provide notice of certain disclosures that will necessarily be made in the course of resolving a personal injury claim through settlement or at trial. Please feel free to call us with any questions or concerns about this law or your case in particular.
