| (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. |
