Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 71 - INFORMATION PRACTICES
Subchapter C - PRIVACY OF HEALTH INFORMATION
Section 71.301 - Definitions
Universal Citation: 40 TX Admin Code § 71.301
Current through Reg. 50, No. 13; March 28, 2025
(a) The following definitions apply to this subchapter, unless the context clearly indicates otherwise:
(1) CFR--Code of Federal
Regulations
(2) Covered entity--
(A) a health plan;
(B) a health care clearinghouse; or
(C) a health care provider who transmits any
health information in electronic form in connection with a transaction covered
by this subchapter.
(3)
Designated record set--A group of records maintained by or for a covered entity
that is:
(A) the medical records and billing
records about individuals maintained by or for a covered health care
provider;
(B) the enrollment,
payment, claims adjudication, and case or medical management record systems
maintained by or for a health plan; or
(C) used, in whole or in part, by or for the
covered entity to make decisions about individuals.
(4) DHS--Texas Department of Human
Services.
(5) Health care
provider--A provider of services (as defined in §1861(u) of the Social
Security Act,
42
U.S.C.1395x(u)), a provider
of medical or health services (as defined in §1861(s) of the Social
Security Act,
42
U.S.C.1395x(s)), and any
other person or organization who furnishes, bills, or is paid for health care
in the normal course of business.
(6) Individually identifiable health
information--Information that is a subset of health information, including
demographic information collected from an individual, and
(A) is created or received by a health care
provider, health plan, employer, or health care clearinghouse; and
(B) relates to the past, present, or future
physical or mental health or condition of an individual; the provision of
health care to an individual; or the past, present, or future payment for the
provision of health care to an individual; and
(i) that identifies the individual;
or
(ii) with respect to which there
is a reasonable basis to believe the information can be used to identify the
individual.
(7) Record--Any item, collection, or grouping
of information that includes protected health information and is maintained,
collected, used, or disseminated by or for a covered entity.
(8) Research--A systematic investigation,
including research development, testing, and evaluation, designed to develop or
contribute to generalizable knowledge.
(9) You--The subject of the individually
identifiable health information.
(b) The federal Standards for Privacy of Individually Identifiable Health Information, 45 CFR §160.103 and § 164.501, may define other terms used in this subchapter.
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