Texas Attorney General Opinion: JC-411 Page: 4 of 6
6 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
The Honorable Jos6 R. Rodriguez - Page 4 (JC-0411)
under section 551.074 of the Government Code about complaints made against the third party
administrator.
You also ask whether the Federal Standards for Privacy of Individually Identifiable Health
Information, 45 C.F.R. parts 160 and 164, permit closed-meeting deliberations about complaints
concerning administration ofa county health benefits program when individually identifiable health
information is involved, and whether these regulations prohibit open-meeting deliberation about such
complaints. See 45 C.F.R. pt. 160 (2000); 65 Fed. Reg. 82462, 82802-829 (Dec. 28, 2000); 66 Fed.
Reg. 12434 (Feb. 26, 2001) (to be codified at 45 C.F.R. pt. 164).
As part of the HIPAA, Congress directed the Secretary of Health and Human Services to
promulgate regulations setting privacy standards for medical records. See Health Insurance
Portability and Accountability Act of 1996, Pub. L. No. 104-191, 264, 110 Stat. 2024 (codified
at 42 U.S.C. 1320d-2 (Supp. IV 1998) (historical & statutory note). Pursuant to this directive, the
Secretary has issued Standards for Privacy of Individually Identifiable Health Information, codified
at 45 C.F.R. parts 160 and 164. The standards were effective April 14, 2001, but they will not apply
until April 14, 2003, or April 14, 2004, in the case of small health plans. See 65 Fed. Reg. 82462,
82829 (Dec. 28, 2000); 66 Fed. Reg. 12434 (Feb. 26, 2001) (to be codified at 45 C.F.R. 164.534).
With certain exceptions, the privacy regulations preempt contrary state law. See 42 U.S.C. 1320d-
7 (Supp. IV 1998); 65 Fed. Reg. 82462, 82800 (Dec. 28, 2000); 66 Fed. Reg. 12434 (Feb. 26, 2001)
(to be codified at 45 C.F.R. 160.201-.205).
Your question requires us to determine whether the El Paso County Health Benefits Program
is a "covered entity" subject to the standards set out in 45 C.F.R. parts 160 and 164. See 45 C.F.R.
160.102(a), .103 (2000) (defining "covered entity"). A covered entity may not use or disclose
protected health information, except as permitted or required by 45 C.F.R. part 160, subpart C, or
part 164. See 65 Fed. Reg. 82462, 82805 (Dec. 28, 2000); 66 Fed. Reg. 12434 (Feb. 26, 2001) (to
be codified at 45 C.F.R. 164.502(a)). We would thus have to consider whether the Board would
disclose protected health information in violation of the regulations if it were to deliberate in open
session about medical information and medical records provided at the meeting by a beneficiary of
the program. The privacy regulations do not expressly state whether or not deliberations about
medical information at public meetings would be an unauthorized disclosure of protected health
information. See 65 Fed. Reg. 82462, 82803 (Dec. 28, 2000); 66 Fed. Reg. 12434 (Feb. 26, 2001)
(to be codified at 45 C.F.R. 164.501) (disclosure defined to include divulging in any manner of
information outside the entity holding the information).
Your request raises questions of first impression about the federal regulations. Moreover,
the United States Department of Health and Human Services, the federal agency in charge of
enforcing the regulations, has not yet issued any guidelines or other interpretations of them. See 65
Fed. Reg. 82462, 82801-802 (Dec. 28, 2000); 66 Fed. Reg. 12434 (Feb. 26, 2001) (to be codified
at 45 C.F.R. 160.300-.312). The regulations are complex, and determining how they affect the
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-411, text, September 20, 2001; (https://texashistory.unt.edu/ark:/67531/metapth274720/m1/4/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.