Medical Information General Provisions

Division 1, Part 2.6, Chapter 1 deals with definitions for the confidentiality of medical information. Section 56 provides that this part is the Confidentiality of Medical Information Act.

Section 56.05 defines the following terms: “authorization,” “authorized recipient,” “confidential communications request,” “contractor,” “enrollee,” “expiration date or event,” “health care service plan,” “licensed health care professional,” “marketing,” “medical information,” “mental health application information,” “mental health digital service,” “patient,” “pharmaceutical company,” “protected individual,” “provider of health care,” “reproductive or sexual health application information,” “reproductive or sexual health digital service,” “sensitive services,” “subscriber,” and “immigration enforcement.”

Section 56.06 states that any business organized for the purpose of maintaining medical information in order to make the information available to an individual or to a provider of health care at the request of the individual or a provider of health care, for purposes of allowing the individual to manage the individual’s information, or for the diagnosis and treatment of the individual, is deemed to be a provider of health care subject to the requirements of this part. 

Any business that offers software or hardware to consumers for purposes of allowing the individual to manage the individual’s information, or for the diagnosis, treatment, or management of a medical condition of the individual, is deemed to be a provider of health care subject to the requirements of this part.

Any business that offers a mental health digital service to a consumer for the purpose of allowing the individual to manage the individual’s information, or for the diagnosis, treatment, or management of a medical condition of the individual, is deemed to be a provider of health care subject to the requirements of this part.

Any business that offers a reproductive or sexual health digital service to a consumer for the purpose of allowing the individual to manage the individual’s information, or for the diagnosis, treatment, or management of a medical condition of the individual, is deemed to be a provider of health care subject to the requirements of this part.

Any business described in this section is required to maintain the same standards of confidentiality required of a provider of health care with respect to medical information disclosed to the business. Any business described in this section is subject to the penalties for improper use and disclosure of medical information prescribed in this part.

Section 56.07 provides that, upon the patient’s written request, any corporation described in Section 56.06, or any other entity that compiles or maintains medical information for any reason, is required to provide the patient, at no charge, with a copy of any medical profile, summary, or information maintained by the corporation or entity with respect to the patient.