For healthcare providers in Texas, the trust of a patient is the most vital asset. In the digital age, protecting their data is as critical as protecting their health. While providers have long navigated the complexities of the federal Health Insurance Portability and Accountability Act (HIPAA), the Texas Data Privacy and Security Act (TDPSA), in effect since July 2024, adds a new and crucial layer of data governance.

Many assume that HIPAA compliance automatically covers them for state-level privacy laws. This is a dangerous oversimplification. To truly protect your patients and your practice, you need a clear strategy that addresses the specific requirements of the TDPSA.

Here are four essential strategies for compliant data collection for healthcare providers in Texas.

1. Understand the HIPAA vs. TDPSA Overlap

This is the most important starting point. The TDPSA contains an exemption for information that is collected, used, or disclosed as "Protected Health Information" (PHI) under HIPAA.

• What this means: For the core patient data you handle as a "covered entity" for treatment, payment, or healthcare operations, HIPAA rules are your primary guide.

• The Critical Nuance: This exemption is not a blanket pass. Many modern healthcare and wellness organizations collect data that may fall outside of HIPAA's strict scope. For example:

  • Marketing data collected from non-patients on your clinic's website.

  • Data collected by a general wellness or fitness app that your practice offers.

  • Certain de-identified data sets that no longer qualify as PHI.

The Strategy: Assume a "guilty until proven innocent" approach. If data is not explicitly and solely governed by HIPAA as PHI, you must treat it as personal data subject to the full requirements of the TDPSA.

2. Make "Opt-In" Consent Your Default for All Patient Data

The TDPSA defines "sensitive data" to include any information revealing a "mental or physical health diagnosis." This means virtually all clinical and diagnostic data you collect is considered sensitive.

• The TDPSA Requirement: The law requires you to obtain a consumer’s clear, affirmative, and prior consent (i.e., "opt-in") before you collect or process any sensitive data.

• The Strategy: Make auditable, explicit consent the default for all your data intake processes. This goes beyond the consent forms used for treatment under HIPAA. For any data collection outside of direct treatment (e.g., for research, marketing, or a new digital service), a separate, clear opt-in mechanism is required. This consent must be recorded and managed reliably.

3. Conduct Data Protection Assessments (DPAs) for Core Activities

The TDPSA mandates a DPA for any processing activity involving sensitive data. Since a healthcare provider's core function is processing sensitive health data, DPAs become a routine and essential part of your governance.

• The TDPSA Requirement: A DPA is a formal risk assessment that weighs the benefits of a processing activity against the potential risks to the individual's privacy.

• The Strategy: Integrate DPAs into your operational workflow. Before you launch a new telehealth platform, implement a new patient portal, or partner with a new data analytics vendor, you must conduct and document a DPA. This demonstrates to regulators that you have proactively considered and mitigated privacy risks.

4. Implement Enterprise-Grade Security as Your Baseline

Both HIPAA's Security Rule and the TDPSA's requirement for "reasonable security measures" demand robust data protection. For healthcare, the expectation for what is "reasonable" is implicitly the highest possible standard.

• The Strategy: Your security must be multi-layered. This includes not just technical measures like end-to-end encryption, but also strict organizational measures like granular, role-based access controls (RBAC). RBAC is critical to ensure that only authorized clinical staff can access specific patient records, preventing unauthorized internal access. All access must be logged in a comprehensive audit trail.

The Technology Foundation for Healthcare Compliance, Walla

Implementing these strategies requires a technology platform built with the high stakes of healthcare in mind.

Walla provides the secure, compliant foundation that Texas healthcare providers need:

• Auditable Consent Management: Our platform is designed to capture and record the high-standard, opt-in consent required by the TDPSA for sensitive health data.

• Enterprise-Grade Security: With end-to-end encryption, RBAC, and immutable audit trails by default, Walla provides the defense-grade security needed to protect patient data and form the basis of a strong DPA.

• Centralized Data Governance: Walla gives you a single, secure hub to manage patient data, making it easy to respond to consumer rights requests and manage the entire data lifecycle according to both HIPAA and TDPSA principles.

Conclusion

For Texas healthcare providers, TDPSA compliance is a critical extension of your duty of care. By understanding its relationship with HIPAA, making auditable opt-in consent your standard, and embedding security and risk assessments into every process, you can protect your patients, your practice, and your invaluable reputation.