What Entities are Exempt from the Texas Medical Records Privacy Act?

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Note: Compliancy Group cannot advise prospects or clients as to whether HB 300 applies to them. This issue is a question of law, and clients and prospects should consult a qualified attorney before proceeding.

Several entities are partially exempt from the Texas Medical Records Privacy Act's requirements. The following entities need not comply with the training or electronic health record access requirements that HB 300 amended the TMRPA to include in 2011:

(1)  Covered entities, as defined by Section 602.001 of the Texas Insurance Code;

(2)  The Texas Mutual Insurance Company; or

(3)  Employers.

These above entities may still required to comply with the provisions of the TMRPA covering:
(1) Reidentification of PHI; (this provision was part of the original TMRPA, passed in 2001)

(2) Marketing Uses of Information; (this provision was part of the original TMRPA, passed in 2001)
(3) The sale of PHI (this provision was added to the TMRPA through the 2011 HB 300 amendment to the TMRPA); and
(4) Notice and Authorization Requirements for Electronic Disclosure of PHI (this provision was added to the TMRPA through the 2011 HB 300 amendment to the TMRPA).

Entities should consult a qualified attorney as to the nature and extent of their Texas Medical Records Privacy Act (TMRPA) and HB 300 obligations.