Notice Regarding Protected Health Information

Notice Regarding Protected Health Information and Authorization for Discretionary Release of Protected Health Information

REQUIRED NOTICE UNDER the Texas Health and Safety Code, Sec.181.154 – Texas House Bill 300 (HB300)

Because our law firm gathers, stores, and electronically transmits medical records (Protected Health Information-PHI), we are required to post a notice to clients that their protected health information is subject to electronic disclosure.

Texas and Federal Law prohibits any electronic disclosure of a client’s protected health information to any person without a separate authorization from the client for each disclosure. This authorization for disclosure may be made in a written or electronic form or in oral form if it is documented in writing by our law firm.

The authorization for electronic disclosure of protected health information described above 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 treatment; payment; health care operations; performing an insurance or health maintenance organization function as described by Section 602.053, Insurance Code, or as otherwise authorized or required by state or federal law. In other words, no further release is necessary for electronic disclosure to other health care providers, insurance companies, governmental agencies, or defense lawyers representing adverse parties.

A covered entity under the statute has the following definition:

“(2) ‘Covered entity’ means any person who:

  1. for commercial, financial, or professional gain, monetary fees, or dues, or on a cooperative, nonprofit, or pro bono basis, engages, in whole or in part, and with real or constructive knowledge, in the practice of assembling, collecting, analyzing, using, evaluating, storing, or transmitting protected health information. The term includes a business associate, health care payer, governmental unit, information or computer management entity, school, health researcher, health care facility, clinic, health care provider, or person who maintains an Internet site;
  2. comes into possession of protected health information;
  3. obtains or stores protected health information under this chapter; or
  4. is an employee, agent, or contractor of a person described by Paragraph (A), (B), or (C) insofar as the employee, agent, or contractor creates, receives, obtains, maintains, uses, or transmits protected health information.”

Separate and apart from the above and in addition thereto the clients of Earl Drott Law, in order to avoid the inconvenience of being required to repeatedly execute additional separate authorizations, specifically authorize the firm and/or its’ employees to release protected health information, at any time without limitation and without any further action or authorization, to any person, firm or organization to which the firm deems in its’ sole discretion the release of such information is in the best interest of the client. This authorization includes, but is not limited to, the release of information to Courts, court personnel, law firms, law firm personnel, health care providers, court reporters, investigators, family members, witnesses, insurance companies, insurance company personnel, adjusters, expert witnesses, and/or consultants.

The client(s) further agree to defend, indemnify, and protect the firm and/or its’ employees from any claims of any kind or nature, including the payment of costs and attorneys fees, arising out of the release of the afore-referenced information.