Health Affairs & Privacy

GENERAL

The Health Affairs and Privacy Section provides legal advice and counsel to The Texas A&M University System and its members regarding healthcare and privacy contractual, regulatory, and operational matters.

HIPAA AND HEALTHCARE LAWS

The Health Affairs and Privacy Section provides counsel regarding the policies, procedures, practices, and contracts needed to safeguard health information held by the A&M System and its members, including compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), HB 300, and other federal and state laws relating to the protection of health records and the confidentiality obligations of healthcare professionals.

FERPA

The Section provides guidance on complying with the Family Educational Rights and Privacy Act (“FERPA”) and protecting education records held by the A&M System and its members. Specifically, the Section advises on FERPA consent requirements; permitted disclosures of personally identifiable information under FERPA; treatment records; FERPA notices and procedures; and contracts with education technology providers or other third parties requiring access to education records.

PRIVACY

The Section provides counsel to the A&M System and its members on a wide range of matters involving federal, state, and international privacy and data security laws. This includes advice on complying with privacy laws; developing privacy policies and procedures; assessing the privacy programs and practices of vendors; and responding to data breach and other cybersecurity incidents. The Section also handles contracts governing the privacy and security of personal information; develops consent forms and authorizations for the release of personal information; and advises on research initiatives and other collaborations or transactions involving personal data.

EXPANSION OF RESEARCH, CLINICAL OR EDUCATIONAL ENTERPRISE

The Section provides counsel to the A&M System and its members on legal and regulatory requirements that apply to proposals or opportunities to expand the research, clinical or educational enterprise through affiliation or collaboration agreements, professional service agreements, research agreements, or other operational agreements that will establish mutually beneficial relationships and generate funding necessary to support operations. This includes member institutions’ interest or need to expand on-campus medical services available to students, faculty, or the community.