Health care includes the prevention, treatment, and cure of physical and mental health issues that may affect human beings. Legal issues related health care may arise—including issues related to (1) the provision of health care services; (2) the payment for health care services—by individuals or by insurance; (3) the privacy of medical and health care records; and (4) the right to make health care decisions for ourselves and others.
In Texas, health care regulation encompasses a variety of areas. The provision of health care services is regulated by the Texas Medical Board, which licenses physicians, and by other agencies for different health professionals. Health care facilities are also regulated to ensure they meet certain standards. Regarding payment for health care services, Texas follows both federal and state laws that govern private insurance, Medicare, and Medicaid. The Texas Department of Insurance oversees the insurance industry within the state, ensuring compliance with laws that protect consumers. Health care privacy is primarily governed by the federal Health Insurance Portability and Accountability Act (HIPAA), which sets standards for the protection of medical records and personal health information. Texas law complements HIPAA with additional protections and breach notification requirements. Lastly, the right to make health care decisions is upheld through advance directives, medical power of attorney, and guardianship arrangements, which are governed by Texas statutes. These legal instruments allow individuals to express their preferences regarding treatment or to designate someone to make decisions on their behalf should they become incapacitated.
