Texas Insurance Code 843.007 – Confidentiality of Medical and Health Information
(a) Any information relating to the diagnosis, treatment, or health of an enrollee or applicant obtained by a health maintenance organization from the enrollee or applicant or from a physician or provider shall be held in confidence and may not be disclosed to any person except:
(1) to the extent necessary to accomplish the purposes of this chapter or:
(A) § 1367.053;
(B) Subchapter A, Chapter 1452;
(C) Subchapter B, Chapter 1507;
(D) Chapter 222, 251, or 258, as applicable to a health maintenance organization; or
(E) Chapter 1271 or 1272;
(2) with the express consent of the enrollee or applicant;
(3) in compliance with a statute or court order for the production or discovery of evidence; or
(4) in the event of a claim or litigation between the enrollee or applicant and the health maintenance organization in which the information is pertinent.
(b) A health maintenance organization is entitled to claim the statutory privilege against disclosure that the physician or provider who provides the information to the health maintenance organization is entitled to claim.
Terms Used In Texas Insurance Code 843.007
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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
- Statute: A law passed by a legislature.