In Texas, a business associate and a subcontractor
are actually considered a “covered entity” according to the Texas
Medical Record Privacy Act (H.B. 300). Section 181(b)(2) defines a
covered entity as
any person who: (A) for commercial, financial, or profes- sional 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, stor- ing, or transmitting protected health information. The term includes a business associate, health care payer, govern- mental unit, information or computer management entity, school, health researcher, health care facility, clinic, health care provider, or person who maintains an Internet site; (B) comes into possession of protected health information; (C) obtains or stores protected health information under this chapter; or (D) is an employee, agent, or contractor of a person described by Paragraph (A), (B), or (C) insofar as the employee, agent, or contractor creates, receives, obtains, maintains, uses, or transmits protected health information.
Unlike the federal definitions, which parse out covered entity, busi- ness associate, and subcontractor, Texas includes all three under the designation of “covered entity.” This distinction can become important if both federal HIPAA and state HIPAA are implicated in an international scenario because of what law may apply.
quoted from sample chapter in:
What Are the International HIPAA Considerations, authors Jonathan Paul Tomes
any person who: (A) for commercial, financial, or profes- sional 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, stor- ing, or transmitting protected health information. The term includes a business associate, health care payer, govern- mental unit, information or computer management entity, school, health researcher, health care facility, clinic, health care provider, or person who maintains an Internet site; (B) comes into possession of protected health information; (C) obtains or stores protected health information under this chapter; or (D) is an employee, agent, or contractor of a person described by Paragraph (A), (B), or (C) insofar as the employee, agent, or contractor creates, receives, obtains, maintains, uses, or transmits protected health information.
Unlike the federal definitions, which parse out covered entity, busi- ness associate, and subcontractor, Texas includes all three under the designation of “covered entity.” This distinction can become important if both federal HIPAA and state HIPAA are implicated in an international scenario because of what law may apply.
quoted from sample chapter in:
What Are the International HIPAA Considerations, authors Jonathan Paul Tomes
ISBN: 978-1-63425-052-8
Product Code: 5630131
2015, 82 pages, 6 x 9, Paperback
Product Code: 5630131
2015, 82 pages, 6 x 9, Paperback
This book provides a basic overview of some of the issues associated with international health care data transactions.
more information and to purchase can be found here
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