Question

The Texas Medical Records Privacy Act does which of the following (select all that apply):

a. Establishes a deadline for the production of electronic health information when a patient requests it.
b. Conflicts with HIPAA in all respects and is preempted.
c. Has a tiered penalty system that depends on the nature of the violation that occurred.
d. Contains a broader definition of Covered Entity that HIPAA does.

Answer 1

The Texas Medical Records Privacy Act sets a deadline for health information requests, features a tiered penalty system, and has a broader definition of 'Covered Entity' compared to HIPAA. It does not conflict with HIPAA in all respects.

Step-by-step explanation:

The Texas Medical Records Privacy Act has several provisions that make it distinct from the Health Insurance Portability and Accountability Act (HIPAA). First, it indeed establishes a deadline for the production of electronic health information when a patient requests it. This helps ensure that patients have timely access to their health data. Secondly, while there is some overlap between the Texas law and HIPAA, it is not accurate to say that the Texas Medical Records Privacy Act conflicts with HIPAA in all respects and is preempted; they are designed to complement each other, with state laws enabling more specific or stringent protections than HIPAA where necessary.

Third, Texas law features a tiered penalty system that considers the nature of the violation when determining the penalty, which encourages compliance and accountability among healthcare providers. Lastly, it does have a broader definition of a Covered Entity than HIPAA, encompassing any entity that comes into possession of protected health information, not just those involved in healthcare provision, payment, or operations.