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Find information on key laws for health-related rights that may impact Texans with disabilities. This page includes a summary of laws, but this section is not intended to be used for legal advice.

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Newborn Hearing Screening, Tracking, and Intervention

(Texas Health and Safety Code, Chapter 47)

  • Requires all birthing facilities to perform a hearing screening to identify hearing loss before the newborn is discharged from the facility unless the parent declines the screening, the newborn is transferred to another facility, a hearing screening had already been completed, or a referral was made to a program certified at another birthing facility.
  • Requires a follow-up screening to be offered to parents for a newborn or infant that does not pass their initial screening. Upon failure of this test, a diagnostic audiological evaluation may be coordinated by Texas Health and Human Services.
  • Data collected must be reported, tracked, and managed by Texas Health and Human Services.

School Vision and Hearing Screening Program

(Texas Health and Safety Code, Chapter 36)

  • Requires the screening of individuals who attend public or private preschools or schools to detect vision and hearing disorders and any other special senses or communication disorders.
  • Allows the individual or a representative (if a minor) to substitute professional examinations for the screening.
  • Includes exemptions for religious beliefs that conflict with screening requirements.
  • Requires remedial services to be provided directly or through approved providers to individuals who have been identifed with special senses and communication disorders that are not eligible for special education services.

Medical Records

Maximum Hospital Fees (Texas Health and Safety Code, Sec. 241.154)
Medical Records for Disability Programs (Texas Health and Safety Code, Sec. 161.202)

  • Establishes the maximum fees that a hospital can charge for medical records.
  • Prohibits health care providers from charging fees for medical records for their current or former patient to benefit programs including state financial assistance and service programs covered under Chapter 31 of the Human Resources Code, Medicaid, Social Security programs, or Veteran benefits.
  • Allows health care providers to charge fees to state and federal agencies that request medical records on behalf of the current or former patient.

Privacy and Security of Medical Records

(Texas Health and Safety Code, Chapter 181)

  • State law that mandates the confidentiality and accuracy of medical records parallel to the Health Insurance Portability and Accountability Act (HIPAA).
  • Requires covered entities to secure the confidentiality of medical records and establishes procedures.
  • Requires covered entities to respond to individuals requesting corrections to errors in medical records within 60 days from their request.
  • Establishes the authority of the Texas Attorney General to investigate violations of state law for confidentiality of medical records, permitting the Attorney General's office the ability to issue civil penalties against a covered entity for violations.

Texas Compassionate Use Program

(Texas Health and Safety Code, Chapter 487)

  • The Texas Compassionate Use Act provides for the Department of Public Safety's (DPS) licensing of low-THC cannabis dispensing organizations and registration of certain associated individuals. Additionally, the Act requires DPS to establish and maintain a compassionate-use registry that contains information regarding prescribing physicians and records of low-THC cannabis dispensed by a dispensing organization to a patient under a prescription.

Resources

Texas Early Hearing Detection and Intervention
512-776-6616
tehdi@dshs.texas.gov

Vision and Hearing Screening
512-776-7420
tvhssprogram@dshs.texas.gov

Patient Privacy Rights - Attorney General
512-776-7420
tvhssprogram@dshs.texas.gov

Patient Privacy Rights - U.S. Health and Human Services OCR
Medical Record Accuracy - U.S. Health and Human Services OCR
800-368-1019

Texas Compassionate Use Program
Department of Public Safety

Federal Law

Health Insurance Portability and Accountability Act of 1996