Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 71 - INFORMATION PRACTICES
Subchapter C - PRIVACY OF HEALTH INFORMATION
Section 71.308 - Verification of Identity and Authority

Universal Citation: 40 TX Admin Code § 71.308

Current through Reg. 50, No. 13; March 28, 2025

(a) Before disclosing individually identifiable health information, DHS will verify the identity of the individual asking for the information and the power of the individual to get the information.

(b) DHS may require an individual to prove his or her identity. Proof of identity may include:

(1) driver's license;

(2) government-issued identification card with a photograph;

(3) social security number;

(4) date of birth;

(5) case number;

(6) birth certificate;

(7) hospital or birth records;

(8) adoption papers or records;

(9) work or school identification;

(10) official credentials;

(11) voter registration card;

(12) U.S. passport;

(13) wage or pay receipts;

(14) written statement on official stationery; or

(15) letter from an identifiable and official source.

(c) DHS may require the individual to prove his or her power to get information. Proof of this power may include:

(1) court order;

(2) subpoena;

(3) warrant;

(4) documentation of institutional review board or privacy board approval;

(5) written request on official stationery with a description of the legal permission for the disclosure;

(6) power of attorney;

(7) authorization signed by the subject of the information;

(8) documents delegating the authority to make decisions about health care; or

(9) guardianship papers.

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.
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