Information, Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice depends on the specific facts of each situation. Some information in this web site may not be correct for your location. Due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which we link. The information in this web site is not guaranteed to be up-to-date.  The information in this web site cannot replace the advice of competent legal counsel licensed in your state.

Lawyer Advertising. In some jurisdictions this web site may be considered lawyer advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.  Before you decide, ask us to send you free written information about our qualifications and experience.

Any listing of an attorney does not constitute a recommendation of the attorney. Before hiring any attorney, you should investigate the attorney’s reputation and qualifications.

Links. This web site contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we sponsor or are affiliated or associated with the persons or entities who created such sites, nor are the links intended to state or imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

E-mail. Viewing this Web site, or transmitting an e-mail message through this Web site, does not create an attorney-client relationship. Sending e-mail to an attorney mentioned in this site does NOT create an attorney-client relationship between you and the attorney. Unless you are already a client of the attorney, your e-mail may NOT be protected by the attorney-client privilege. Moreover, unless it is encrypted, e-mail can be intercepted by persons other than the recipient. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Many people do not check their e-mail daily, and some attorneys do not respond to unsolicited e-mail from non-clients.

Notice regarding protected health information and authorization for discretionary release of protected health information.  Because our law firm gathers, stores, and electronically transmits medical records (Protected Health Information – PHI), we are required to post a notice to clients that their protected health information is subject to electronic disclosure.  Texas and Federal Law prohibits any electronic disclosure of a client’s protected health information to any person without a separate authorization from the client for each disclosure. This authorization for disclosure may be made in a written or electronic form or in oral form if it is documented in writing by our law firm.The authorization for electronic disclosure of protected health information described above is not required if the disclosure is made to another covered entity, as that term is defined by Section 181.001, or to a covered entity, as that term is defined by Section 602.001, Insurance Code, for the purpose of treatment; payment; health care operations; performing an insurance or health maintenance organization function as described by Section 602.053, Insurance Code, or as otherwise authorized or required by state or federal law. In other words, no further release is necessary for electronic disclosure to other health care providers, insurance companies, governmental agencies, or defense lawyers representing adverse parties.A covered entity under the statute has the following definition: (2) ‘Covered entity’ means any person who: A. for commercial, financial, or professional gain, monetary fees, or dues, or on a cooperative, nonprofit, or pro bono basis, engages, in whole or in part, and with real or constructive knowledge, in the practice of assembling, collecting, analyzing, using, evaluating, storing, or transmitting protected health information. The term includes a business associate, health care payer, governmental unit, information or computer management entity, school, health researcher, health care facility, clinic, health care provider, or person who maintains an Internet site; B. comes into possession of protected health information; C. obtains or stores protected health information under this chapter; or D. is an employee, agent, or contractor of a person described by Paragraph (A), (B), or (C) insofar as the employee, agent, or contractor creates, receives, obtains, maintains, uses, or transmits protected health information.”

Separate and apart from the above and in addition thereto the clients of LaGarde Law Firm, P.C., in order to avoid the inconvenience of being required to repeatedly execute additional separate authorizations, specifically authorize the firm and/or its’ employees to release protected health information, at any time without limitation and without any further action or authorization, to any person, firm or organization to which the firm deems in its’ sole discretion the release of such information is in the best interest of the client. This authorization includes, but is not limited to, the release of information to Courts, court personnel, law firms, law firm personnel, health care providers, court reporters, investigators, family members, witnesses, insurance companies, insurance company personnel, adjusters, expert witnesses, and/or consultants.

The client(s) further agree to defend, indemnify, and protect the firm and/or its’ employees from any claims of any kind or nature, including the payment of costs and attorneys fees, arising out of the release of the afore-referenced information.

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Richard LaGarde

Richard LaGarde

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