Under §181.101(d), the employee's verification that they completed the required PHI training may be signed:
A. Only in ink on paper, notarized
B. Electronically or in writing
C. Only through a state-certified electronic signature vendor
D. Only by the employee's supervisor on the employee's behalf
Show answer and reasoning
Correct answer: B. Electronically or in writing
- A: Notarization is not required by the statute.
- C: No state-certified vendor requirement appears in §181.101(d).
- D: The statute requires the employee's own signature (electronic or written), not a supervisor's signature on their behalf.
Source: Tex. Health & Safety Code §181.101(d) — format of verification; https://statutes.capitol.texas.gov/Docs/HS/htm/HS.181.htm
Under Texas House Bill 300 (Tex. Health & Safety Code Chapter 181), the state-law definition of "covered entity" differs from the federal HIPAA definition primarily because it:
A. Is limited to hospitals and physician practices licensed by the Texas Medical Board
B. Extends to any person who assembles, collects, analyzes, uses, evaluates, stores, or transmits protected health information, regardless of whether they are a health plan, provider, or clearinghouse
C. Only applies to entities that bill Medicare or Medicaid for services rendered in Texas
D. Excludes business associates, unlike the federal definition
Show answer and reasoning
Correct answer: B. Extends to any person who assembles, collects, analyzes, uses, evaluates, stores, or transmits protected health information, regardless of whether they are a health plan, provider, or clearinghouse
- A: Chapter 181 is not limited to licensed medical providers; it reaches schools, health researchers, Internet site operators, and others who handle PHI.
- C: Chapter 181's applicability does not turn on federal program billing status.
- D: The Texas definition expressly includes business associates within the term "covered entity," the opposite of this option.
Source: Tex. Health & Safety Code §181.001(b)(2) — definition of "covered entity"; https://statutes.capitol.texas.gov/Docs/HS/htm/HS.181.htm
Under §181.001(b)(2)(A), which of the following is expressly listed as an example of a "covered entity" under Texas's HB 300 definition?
A. A licensed insurance agent selling only life insurance
B. A retail pharmacy's landlord
C. A person who maintains an Internet site
D. A newspaper publisher unrelated to health care
Show answer and reasoning
Correct answer: C. A person who maintains an Internet site
- A: Insurance agents are not named in the statutory list of covered-entity examples in §181.001(b)(2)(A).
- B: A landlord with no role in assembling, collecting, or transmitting PHI is not named in the statute.
- D: A general newspaper publisher is not named in the statute unless it handles PHI in the ways described.
Source: Tex. Health & Safety Code §181.001(b)(2)(A) — "covered entity" includes a person who maintains an Internet site; https://statutes.capitol.texas.gov/Docs/HS/htm/HS.181.htm
Under §181.001(b)(2)(D), an employee, agent, or contractor of a covered entity is themselves considered a "covered entity" under Chapter 181 when they:
A. Work more than 20 hours per week for the covered entity
B. Are compensated directly by a health plan rather than the employer
C. Have completed HIPAA training
D. Create, receive, obtain, maintain, use, or transmit protected health information
Show answer and reasoning
Correct answer: D. Create, receive, obtain, maintain, use, or transmit protected health information
- A: The statute does not set an hours-per-week threshold.
- B: Compensation source is not the statutory trigger.
- C: Training completion is a separate obligation under §181.101, not the trigger for covered-entity status.
Source: Tex. Health & Safety Code §181.001(b)(2)(D) — employees, agents, contractors; https://statutes.capitol.texas.gov/Docs/HS/htm/HS.181.htm
Per §181.002(a), when another Texas statute provides GREATER confidentiality protection for information also covered by Chapter 181, what happens?
A. Chapter 181 does not affect the validity of that other, more protective statute
B. Chapter 181 automatically preempts and replaces the more protective statute
C. The covered entity may choose which statute to follow
D. Federal HIPAA automatically overrides both state statutes
Show answer and reasoning
Correct answer: A. Chapter 181 does not affect the validity of that other, more protective statute
- B: The statute explicitly preserves, not preempts, stricter confidentiality statutes.
- C: The statute does not grant covered entities discretion to select the weaker standard.
- D: §181.002 addresses conflicts between state statutes, not a general HIPAA-preemption rule.
Source: Tex. Health & Safety Code §181.002 — Applicability; https://statutes.capitol.texas.gov/Docs/HS/htm/HS.181.htm
