Under Texas Health and Safety Code, Sec. 181.154 – HB 300, effective September 1, 2012 – Because Leger Ketchum & Cohoon, PLLC gathers, stores, and electronically transmits medical records (Protected Health Information – PHI) in the course of our representation of our clients, 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 or the client’s legally authorized representative for each disclosure. This authorization for disclosure may be made in 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 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.