HIPAA News

(February 10, 2003): Watch for states to impose Privacy Rule requirements on providers not covered under the federal Privacy Rule

Many states have health information confidentiality laws, which may provide stronger confidentiality protections than the federal floor of protections in the Privacy Rule. In addition, at least one state - Texas - has enacted state law that broadens the applicability of the Privacy Rule provisions.

Chapter 181 of the Texas Health and Safety Code applies to anyone who possesses protected health information, and requires compliance with the provisions under HIPAA's Privacy Rule relating to Notice of Privacy Practices, patient access, amendment, and uses and disclosures of protected health information.

So, those Program Participants in Texas not technically covered by HIPAA's Adminstrative Simplification regulations (including the Privacy Rule) must, nevertheless, comply with certain provisions of the Privacy Rule pursuant to state law.

WATCH YOUR STATE'S LAW FOR:
1. Laws relating to the confidentiality of health information, and
2. Laws that expand the applicability of the federal Privacy Rule to those providers not covered by the Privacy Rule.

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