Texas HIPAA Laws: Does Texas HB 300 Apply to Me?

What is Texas House Bill 300?

Texas House Bill 300, also known as Texas HB 300, went into effect on September 1, 2012. This bill significantly expands patient privacy protections for Texas covered entities beyond those federal requirements known as “HIPAA” and “HITECH.”

How Does HB 300 Expand Federal HIPAA Guidelines?

Texas House Bill 300 requirements expanded federal HIPAA requirements by:

  • revising the definition of a “covered entity;”
  • increasing mandates on covered entities, including requiring customized employee training;
  • establishing standards for the use of electronic health records (“EHRs”);
  • granting enforcement authority to several state agencies; and
  • increasing civil and criminal penalties for the wrongful electronic disclosure of PHI.

The two major requirements you need to know are: the changes to the definition of a covered entity and the mandate for customized employee training.

Changes to the definition of a covered entity: Essentially, a business operating in Texas which is considered a “business associate” under federal HIPAA guidelines is classified in Texas as a “covered entity.” For example, if you are a law firm and you handle PHI, you are now considered a covered entity in Texas and are subject to the Texas HIPAA laws requirements.

The mandate for customized employee training: HB 300 requires training to cover federal and state regulatory requirements and employees’ scope of employment when it comes to PHI and disclosure. Covered entities must maintain records of employees’ training.

Over the next few weeks on the blog, we’ll be covering the different aspects of Texas HB 300 and how they might impact your business. If you have any questions, be sure to reach out! The penalties for non-compliance have been raised in Texas with the passing of HB 300.

Texas HB 300 Training Course Curriculum

Our free Texas HB 300 training videos guide you through the Texas requirements and ensure you and your team are both HIPAA and HB 300 compliant. View our free training videos anytime and only pay when you want to certify:

Call us at 830-521-2111 or schedule a FREE 15-minute consultation HERE.