Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 88 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM
Subchapter D - REQUIREMENTS OF A LOCAL OMBUDSMAN ENTITY
Section 88.304 - Disclosure of Confidential Information; Exclusion from Reporting Requirements Regarding Abuse, Neglect, or Exploitation; and Provision of Records to the Office

Universal Citation: 26 TX Admin Code § 88.304

Current through Reg. 49, No. 38; September 20, 2024

(a) Information identifying a resident or complainant is confidential. Such information includes:

(1) the name of the resident or complainant;

(2) information about the resident's medical condition;

(3) the resident's medical history;

(4) the resident's social history, which includes occupation, residences, and information about a resident's family;

(5) the resident's source of payment;

(6) information about the resident's personal life; and

(7) information from a communication between a resident and a representative of the Office.

(b) A local ombudsman entity must ensure that a disclosure of confidential information that is not written information complies with the Older Americans Act, § 712(d), 45 CFR § 1324.11(e)(3), and the Ombudsman Policies and Procedures Manual.

(1) If a representative of the Office receives a request to disclose written confidential information as described in subsection (a) of this section, including a subpoena, the representative must immediately:

(A) notify the State Ombudsman of the request; and

(B) provide the State Ombudsman with any communication from the requestor.

(2) If the State Ombudsman receives a request to disclose written confidential information, the State Ombudsman:

(A) sends written acknowledgement of receipt of the request to the representative of the Office;

(B) reviews the request and responds to the requestor within a time frame required by applicable state or federal law; and

(d) In accordance with 45 CFR § 1324.11(e)(3)(iv), a representative of the Office must not, except as provided in § 1324.19(b)(5) - (8), report allegations of abuse, neglect, or exploitation under state law, including Texas Human Resources Code, Chapter 48, without appropriate consent or court order. This prohibition applies:

(1) regardless of whether a representative of the Office is required to report allegations of abuse, neglect, or exploitation under professional licensure standards; and

(2) to a representative of the Office only in the performance of functions of the Ombudsman Program.

(e) A local ombudsman entity must, at the request of the Office, immediately provide Ombudsman Program records to the Office.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.