Section 88.304 - Disclosure of Confidential Information; Exclusion from Reporting Requirements Regarding Abuse, Neglect, or Exploitation; and Provision of Records to the Office(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.(c) A response to a request to disclose written confidential information must be in accordance with this subsection. (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(C) sends a copy of the response to the local ombudsman entity.(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.26 Tex. Admin. Code § 88.304
Adopted by Texas Register, Volume 43, Number 13, March 30, 2018, TexReg 2015, eff. 4/5/2018