Current through Reg. 49, No. 38; September 20, 2024
The following words and terms, when used in this
subchapter, have the following meanings, unless the context clearly indicates
otherwise:
(1) Community center--A
center established under the Texas Health and Safety Code, Title 7, Chapter
534, Subchapter A.
(2) Contract
provider--A person, entity, or organization that contracts with a facility,
local authority, or community center to provide mental health or mental
retardation services, or alcohol or drug abuse treatment.
(3) Facility--A state mental health facility
or a state mental retardation facility.
(4) Individual--A person who, voluntarily or
involuntarily, is seeking or receiving, or has sought or received mental health
or mental retardation services, or alcohol or drug abuse treatment from or
through a facility, a local authority, a community center, or its respective
contract providers, or TDMHMR Central Office.
(5) Local authority--An entity designated by
the TDMHMR commissioner in accordance with the Texas Health and Safety Code,
§
533.035(a).
(6) More stringent--In accordance with
45
CFR 160.202, a state law that meets one or
more of the following criteria:
(A) with
respect to a use or disclosure, the law prohibits or restricts a use or
disclosure where the use or disclosure would be permitted under the federal
regulation, except if the disclosure is to the U.S. Department of Health and
Human Services or to the individual;
(B) with respect to the rights of an
individual regarding access to or amendment of protected health information,
the law permits greater rights of access or amendment;
(C) with respect to information to be
provided to an individual about a use, a disclosure, rights, and remedies, the
law provides a greater amount of information;
(D) with respect to consent or authorization
for use or disclosure of protected health information, the law narrows the
scope or duration of the consent or authorization, increases privacy
protections, or reduces the coercive effect of obtaining the consent or
authorization; or
(E) with respect
to recordkeeping or accounting of disclosures, the law provides for the
retention or reporting of more detailed information or for a longer
duration.
(7) Notice of
Privacy Practices--Pursuant to
45
CFR §164.501, a written notice developed
and distributed by a covered entity, as defined in
45
CFR §160.103, that describes:
(A) the uses and disclosures of protected
health information that may be made by the entity; and
(B) individuals' rights and the entity's
legal duties with respect to protected health information.
(8) Protected health information or PHI--
(A) Any information that identifies or could
be used to identify an individual, whether oral or recorded in any form, that
relates to:
(i) the past, present, or future
physical or mental health or condition of the individual;
(ii) the provision of health care to the
individual; or
(iii) the payment
for the provision of health care to the individual.
(B) The term includes, but is not limited to:
(i) an individual's name, address, date of
birth, or Social Security number;
(ii) an individual's medical record or case
number
(iii) a photograph or
recording of an individual;
(iv)
statements made by an individual, either orally or in writing, while seeking or
receiving services from or through a facility, a local authority, a community
center, or its respective contract providers, or TDMHMR Central
Office;
(v) any acknowledgment that
an individual is seeking or receiving or has sought or received services from
or through a facility, a local authority, a community center, or its respective
contract providers, or TDMHMR Central Office;
(vi) direct identifiers of relatives,
employers, or household members of an individual; and
(vii) any information by which the identity
of an individual can be determined either directly or by reference to other
publicly available information.
(C) The term does not include:
(i) health information that has been
de-identified in accordance with
45
CFR §164.514(b);
and
(ii) employment records held by
an entity as an employer.
(9) State mental health facility--A state
hospital or a state center with an inpatient component that is operated by
TDMHMR.
(10) State mental
retardation facility--A state school or a state center with a mental
retardation residential component that is operated by TDMHMR.
