Handling Electronic Protected Health Information in the COVID Era

With the advent of electronic hearings, client consultations, and virtual mediations arising from the COVID-19 pandemic, the courts, lawyers, and mediators will undoubtedly be handling protected health information.  This post will focus on some privacy considerations under Chapter 181 of the Texas Health & Safety Code. Overview of Applicable Statutes.  Both Texas law and federal law regulate the use and […]

Remote Testimony and Unsworn Declarations

As we all contend with remote hearings and hearings by written submission, here are a few statutes and cases to consider: Administration of Oath.  An oath made in Texas may be administered by a judge, an associate judge, a notary public, and fifteen other types of government officials.  Tex. Gov’t Code § 602.002 Definition of “Affidavit.”  An affidavit is “a […]