HIPAA information

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not apply to workers' compensation insurers, workers' compensation administrative agencies, or employers when disclosing protected health information (PHI) as required by state law for workers' compensation system purposes.

State law requires workers' compensation system participants to disclose an injured worker's PHI as necessary to process or adjudicate claims or to coordinate care under the workers' compensation system. System participants that make PHI disclosures to other workers' compensation participants as required by the Division of Workers' Compensation (the Division) rules are, therefore, exempt from HIPAA rules with regard to those disclosures.

For more information, see Advisory 2003-05 or the Division's downloadable document, "HIPAA and Texas Workers' Compensation."