40 Tex. Admin. Code § 71.308

Current through Reg. 49, No. 37; September 13, 2024

Section 71.308 - Verification of Identity and Authority

(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.

40 Tex. Admin. Code § 71.308

The provisions of this §71.308 adopted to be effective April 14, 2003, 28 TexReg 2356