IMPORTANT INFORMATION AbOUT THE AUTHORIZATION TO DISCLOSE PROTECTED HEALTH INFORMATION
Developed for Texas Health & Safety Code § 181.154(d)
effective June 2013
Denitions - In the form, the terms “treatment,” “healthcare operations,” “psychotherapy notes,” and “protected health informa-
tion” are as dened in HIPAA (45 CFR 164.501). “Legally authorized representative” as used in the form includes any person
authorized to act on behalf of another individual. (Tex. Occ. Code § 151.002(6); Tex. Health & Safety Code §§ 166.164, 241.151;
and Tex. Probate Code § 3(aa)).
Health Information to be Released - If “All Health Information” is selected for release, health information includes, but is not lim-
ited to, all records and other information regarding health history, treatment, hospitalization, tests, and outpatient care, and also
educational records that may contain health information. As indicated on the form, specic authorization is required for the release
of information about certain sensitive conditions, including:
• Mental health records (excluding “psychotherapy notes” as defined in HIPAA at 45 CFR 164.501).
• Drug, alcohol, or substance abuse records.
• Records or tests relating to HIV/AIDS.
• Genetic (inherited) diseases or tests (except as may be prohibited by 45 C.F.R. § 164.502).
Note on Release of Health Records - This form is not required for the permissible disclosure of an individual’s protected health
information to the individual or the individual’s legally authorized representative. (45 C.F.R. §§ 164.502(a)(1)(i), 164.524; Tex.
Health & Safety Code § 181.102). If requesting a copy of the individual’s health records with this form, state and federal law
allows such access, unless such access is determined by the physician or mental health provider to be harmful to the individu-
al’s physical, mental or emotional health. (Tex. Health & Safety Code §§ 181.102, 611.0045(b); Tex. Occ. Code § 159.006(a); 45
C.F.R. § 164.502(a)(1)). If a healthcare provider is specied in the “Who Can Receive and Use The Health Information” section of
this form, then permission to receive protected health information also includes physicians, other health care providers (such as
nurses and medical staff) who are involved in the individual’s medical care at that entity’s facility or that person’s ofce, and health
care providers who are covering or on call for the specied person or organization, and staff members or agents (such as busi-
ness associates or qualied services organizations) who carry out activities and purposes permitted by law for that specied cov-
ered entity or person. If a covered entity other than a healthcare provider is specied, then permission to receive protected health
information also includes that organization’s staff or agents and subcontractors who carry out activities and purposes permitted by
this form for that organization. Individuals may be entitled to restrict certain disclosures of protected health information related to
services paid for in full by the individual (45 C.F.R. § 164.522(a)(1)(vi)).
Authorizations for Sale or Marketing Purposes - If this authorization is being made for sale or marketing purposes and the cov-
ered entity will receive direct or indirect remuneration from a third party in connection with the use or disclosure of the individual’s
information for marketing, the authorization must clearly indicate to the individual that such remuneration is involved. (Tex. Health &
Safety Code §181.152, .153; 45 C.F.R. § 164.508(a)(3), (4)).
Charges - Some covered entities may
charge a retrieval/processing fee and
for copies of medical records.
(Tex. Health & Safety Code § 241.154).
Right to Receive Copy - The
individual and/or the individual’s legally
authorized representative has a right to
receive a copy of this authorization.
Limitations of this form - This authorization form shall not be used for the disclosure of
any health information as it relates to: (1) health benets plan enrollment and/or related
enrollment determinations (45 C.F.R. § 164.508(b)(4)(ii), .508(c)(2)(ii); (2) psychotherapy
notes (45 C.F.R. § 164.508(b)(3)(ii); or for research purposes (45 C.F.R. § 164.508(b)(3)(i)).
Use of this form does not exempt any entity from compliance with applicable federal
or state laws or regulations regarding access, use or disclosure of health informa-
tion or other sensitive personal information (e.g., 42 CFR Part 2, restricting use of
information pertaining to drug/alcohol abuse and treatment), and does not entitle
an entity or its employees, agents or assigns to any limitation of liability for acts or
omissions in connection with the access, use, or disclosure of health information
obtained through use of the form.
The Attorney General of Texas has adopted a standard Authorization to Disclose Protected Health Information in accordance with
Texas Health & Safety Code § 181.154(d). This form is intended for use in complying with the requirements of the Health Insur-
ance Portability and Accountability Act and Privacy Standards (HIPAA) and the Texas Medical Privacy Act (Texas Health & Safety
Code, Chapter 181). Covered Entities may use this form or any other form that complies with HIPAA, the Texas Medical
Privacy Act, and other applicable laws.
Covered entities, as that term is dened by HIPAA and Texas Health & Safety Code § 181.001, must obtain a signed authorization
from the individual or the individual’s legally authorized representative to electronically disclose that individual’s protected health
information. Authorization is not required for disclosures related to treatment, payment, health care operations, performing certain
insurance functions, or as may be otherwise authorized by law. (Tex. Health & Safety Code §§ 181.154(b),(c), § 241.153; 45
C.F.R. §§ 164.502(a)(1); 164.506, and 164.508).
The authorization provided by use of the form means that the organization, entity or person authorized can disclose, commu-
nicate, or send the named individual’s protected health information to the organization, entity or person identied on the form,
including through the use of any electronic means.
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