The only obligation placed on financial institutions is to get written permission before accessing an individual s protected health information . The providing of services can be conditioned upon receiving such authorization if the medical information is pertinent to providing the service. The bill filed to implement the financial restructuring bill in Texas provides for special treatment of health information. Also, the rule-making process necessary to implement this federal legislation in Texas will provide an avenue to avoid any possible conflicts. Employers will not be able to have access to information necessary for them to manage their health benefit programs.
All state laws governing health plan operations remain intact.
These entities will, of course, have full use of individually identifiable medical information. Providing this authorization can be a condition of employment if the information is related to the job duties performed by the individual. Individuals will be denied valuable disease management services and health care counseling and education. Disease management, utilization review services, pharmacy benefit management and other educational and cost containment activities are considered to be treatment or plan operations. Therefore, these services are allowed to continue as they do currently without interruption or restriction.