Texas Health and Safety Code 181.153 – Sale of Protected Health Information Prohibited; Exceptions
(a) A covered entity may not disclose an individual’s protected health information to any other person in exchange for direct or indirect remuneration, except that a covered entity may disclose an individual’s protected health information:
(1) to another covered entity, as that term is defined by § 181.001, or to a covered entity, as that term is defined by § 602.001, Insurance Code, for the purpose of:
(A) treatment;
(B) payment;
(C) health care operations; or
(D) performing an insurance or health maintenance organization function described by § 602.053, Insurance Code; or
(2) as otherwise authorized or required by state or federal law.
(b) The direct or indirect remuneration a covered entity receives for making a disclosure of protected health information authorized by Subsection (a)(1)(D) may not exceed the covered entity’s reasonable costs of preparing or transmitting the protected health information.
Terms Used In Texas Health and Safety Code 181.153
- Covered entity: means any person who:
(A) 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. See Texas Health and Safety Code 181.001 - Disclose: means to release, transfer, provide access to, or otherwise divulge information outside the entity holding the information. See Texas Health and Safety Code 181.001
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005