Texas Attorney General Opinion: JC-411 Page: 5 of 6
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The Honorable Jos6 R. Rodriguez - Page 5 (JC-0411)
El Paso County Health Benefits Program would require more information about the operation of that
program than is provided by your request letter and chapter 172 of the Local Government Code. We
cannot investigate and resolve fact questions in an attorney general opinion. See, e.g., Tex. Att'y
Gen. Op. Nos. JC-0328 (2000) at 6, JC-0152 (1999) at 12, JC-0020 (1999) at 2, DM-98 (1992) at
3, H-56 (1973) at 3, M-187 (1968) at 3, O0-2911 (1940) at 2. The Department of Health and Human
Services provides assistance to help covered entities comply with the regulations. See 65 Fed. Reg.
82462, 82801 (Dec. 28, 2000); 66 Fed. Reg. 12434 (Feb. 26, 2001) (to be codified at 45 C.F.R.
160.304); see also Department of Health and Human Services, Office for Civil Rights, internet site
on HIPAA privacy standards, available at http://www.hhs.gov/ocr/hipaa/.3 The El Paso County
Health Benefits Program has at least until April 14, 2003, to decide how the privacy regulations
apply to it, or if it is deemed a small health plan, until April 14, 2004. Thus, the Board may request
information on how the federal regulations apply to the Risk Pool from the federal agency in charge
of enforcing them. Under these circumstances, we advise its representatives to seek information and
assistance on its questions from the United States Department of Health and Human Services.
We note that recently enacted state legislation, Senate Bill 11 of the Seventy-seventh
Legislature, requires a "covered entity" to comply with certain privacy standards adopted under the
Health Insurance Portability and Accountability Act of 1996, including those relating to "uses and
disclosures of protected health information." Act of May 27, 2001, 77th Leg., R.S., ch. 1511, 1,
sec. 181.101(3), 2001 Tex. Sess. Law Serv. WL TX LEGIS 1511 (2001) (to be codified at TEX.
HEALTH & SAFETY CODE ANN. ch. 181). A covered entity includes, among other entities, any person
who "on a cooperative, nonprofit, or pro bono basis, engages . . in the practice of assembling,
collecting, analyzing, using, evaluating, storing, or transmitting protected health information." Id.
at 1, sec. 181.001(b)(1)(A). A "covered entity" may include a governmental unit. See id.
However, there is an exemption for an employee benefit plan or a covered entity or other person
acting in connection with an employee benefit plan. See id. at 1, sec. 181.055. A covered entity
is required to comply with the requirements of chapter 181 of the Health and Safety Code, as added
by Senate Bill 11, "not later than September 1, 2003." Id. at 5(b). Thus, assuming the Risk Pool
is a covered entity within Senate Bill 11, it should know what the federal privacy standards require
of it by the time it becomes subject to the provisions of chapter 181.
3The Texas Health and Human Services Commission also provides information about the Health Insurance
Portability and Accountability Act. See http://www.hhsc.state.tx.us/NDIS/NDISTaskForce.html (information about
HIPAA).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-411, text, September 20, 2001; (https://texashistory.unt.edu/ark:/67531/metapth274720/m1/5/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.