Texas HB 300 Compliance: Best Practices, Key Requirements, and Practical Tips

Texas HB 300 Overview

Texas HB 300 strengthens privacy protections for Protected Health Information (PHI) and broadens who is covered. If you create, receive, maintain, or transmit PHI in Texas—directly or through vendors—you likely fall under the statute’s scope, even if you are not a HIPAA covered entity. Texas HB 300 compliance centers on safeguarding PHI, honoring patient rights, and documenting your privacy program.

The law tightens Patient Record Access Timeframes, mandates role-based Privacy Training Mandates, and requires clear, tailored privacy policies. It also aligns with Electronic Health Records (EHR) practices by expecting you to furnish electronic copies when feasible and to protect data across its full lifecycle.

Key Security Requirements

Texas HB 300 expects “reasonable” administrative, technical, and physical safeguards appropriate to your size, complexity, and risk profile. The following controls form a practical baseline:

• Administrative safeguards: written policies, a designated privacy/security lead, workforce sanction policies, and periodic risk assessments and Compliance Audits. Maintain a current data inventory and incident response plan.
• Technical safeguards: access controls (unique IDs, least privilege), multi-factor authentication, audit logging, session timeouts, and robust backup/restore. Use Encrypted Data Storage and encryption in transit wherever feasible.
• Physical safeguards: controlled facility access, secured workstations, device locks, visitor management, and hardware disposal procedures.
• Minimum necessary standard: limit data access, sharing, and use to what is strictly required for the task.
• Vendor oversight: assess third parties handling PHI; implement contracts with privacy and security obligations and monitor performance.
• Policy governance: maintain version-controlled policies, annual reviews, and documented approvals to demonstrate ongoing compliance.

Breach Notification Procedures

When you suspect unauthorized acquisition, access, use, or disclosure of unsecured PHI, act immediately. Start containment, preserve evidence, and open an incident record. Conduct a risk assessment to determine whether PHI was compromised and whether notification is required.

• Whom to notify: affected individuals without unreasonable delay and no later than 60 calendar days after discovery. If 250 or more Texas residents are affected, notify the Texas Attorney General within the same 60-day window. Coordinate any overlapping HIPAA/HHS notice duties.
• Content of notice: describe what happened, the types of information involved, steps you are taking, how individuals can protect themselves, and your contact information.
• Delivery methods: written notice by mail or email (if the individual has consented). Use substitute notice if contact data is insufficient.
• Documentation: retain your investigation, decisions, notification drafts, and timelines to evidence compliance.

Penalties for Non-Compliance

Texas HB 300 authorizes significant civil penalties that scale with the nature of the violation. Negligent violations can trigger fines per violation, while knowing or intentional misconduct carries higher penalties. Penalties rise further when PHI is misused for financial gain or when a pattern of violations affects many individuals.

Enforcement may include injunctions, corrective action, and monetary penalties, plus exposure under consumer protection and licensing frameworks. Contractual consequences with payers and partners are common, and reputational harm often exceeds direct fines.

Employee Privacy Training

Texas HB 300 imposes specific Privacy Training Mandates. Train new workforce members on your privacy policies and state/federal requirements within 60 days of hire, provide refresher training at least every two years, and retrain whenever material laws or policies change.

Tailor content by job role and functions (front desk, clinical, billing, IT). Keep proof of completion—dates, topics, attendees, and acknowledgments—and track overdue training. Reinforce expectations with short reminders, job aids, and spot checks.

Patient Access Rights

Texas requires faster access than federal rules. Upon receiving a valid request, provide an individual with a copy of their medical records within 15 business days. If you maintain Electronic Health Records (EHR), furnish them in the requested electronic format when readily producible, or in another agreed electronic form.

Verify identity, apply reasonable, cost-based fees consistent with Texas law, and avoid unnecessary hurdles. Maintain logs of requests, fulfillment dates, formats, and any denials with supporting reasons.

Data Handling Protocols

Establish simple, enforceable rules for the PHI lifecycle. Use data classification to label PHI, limit collection to the minimum necessary, and document lawful purposes. Map where PHI enters, flows, and leaves your environment, including cloud services and mobile devices.

Standardize secure transmission, Encrypted Data Storage, retention schedules, and approved destruction (shredding, degaussing, or cryptographic wipe). Apply change control to EHR templates and interfaces, and log disclosures. Periodic Compliance Audits and tabletop exercises validate that procedures work under pressure.

Implementation Best Practices

• Start with a gap analysis: compare current practices to HB 300 requirements, HIPAA, and your contracts; prioritize high-risk gaps.
• Build a roadmap: assign owners, timelines, and success metrics. Sequence quick wins (e.g., access reviews) before heavier lifts (e.g., DLP rollout).
• Integrate training: deliver role-based modules, refreshers, and manager toolkits. Tie training to onboarding and annual cycles.
• Measure and improve: track incident rates, access request turnaround, audit findings closed, and vendor risk scores.
• Test readiness: run breach response drills and access request sprints to confirm you can meet statutory timelines.

Technological Compliance

Pair policy with technology that enforces it. Harden identity with multi-factor authentication, least-privilege roles, and periodic access certifications. Log key events (view, create, export) in your EHR and aggregate them for alerting and investigations.

Adopt Encrypted Data Storage, end-to-end encryption in transit, device management for laptops and phones, secure messaging, and data loss prevention for email and file sharing. Protect backups with immutable storage and tested recovery. Use configuration baselines, vulnerability management, and continuous monitoring to keep systems resilient.

Building a Culture of Compliance

Culture turns rules into habits. Set visible tone from leadership, recognize compliant behavior, and make it safe to report issues. Embed privacy checks into daily workflows—intake, referrals, billing, and release of information—so compliance is the default, not an afterthought.

Conclusion

Texas HB 300 compliance rests on three pillars: protect PHI with fit-for-purpose controls, respect patient rights with prompt access and clear communication, and prove it with training and documentation. With disciplined processes, enabling technology, and regular Compliance Audits, you can meet requirements and strengthen patient trust.

FAQs

What are the main security requirements under Texas HB 300?

You must implement reasonable administrative, technical, and physical safeguards for PHI, aligned to your risks. Core expectations include written policies, role-based access controls, audit logging, encryption in transit and at rest where feasible, vendor oversight, and recurring risk assessments and Compliance Audits that you document and act upon.

How soon must patients be notified of a data breach?

Notify affected individuals without unreasonable delay and no later than 60 calendar days after discovery of a breach of unsecured PHI. If 250 or more Texas residents are affected, also notify the Texas Attorney General within the same 60-day window, while coordinating any overlapping HIPAA notifications.

What penalties apply for non-compliance with Texas HB 300?

Penalties are tiered and can be significant. Civil fines apply per violation and escalate for knowing or intentional misconduct and for misuse that yields financial gain or affects many people. Authorities may also seek injunctions and corrective actions, and you may face contractual and licensing repercussions.

How often must employees complete privacy training under Texas HB 300?

Provide role-based training within 60 days of hire, at least every two years thereafter, and whenever material laws or your privacy policies change. Keep detailed training records to demonstrate compliance.