Texas Register, Volume 28, Number 6, Pages 1015-1288, February 7, 2003 Page: 1,041
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impaired should contact the TDMHMR Central Office operator
at least 72 hours prior to the hearing at TDD (512) 206-5330.
Persons requiring other accommodations for a disability should
notify Sharayla Jones, at least 72 hours prior to the hearing at
(512) 206-5283 or at the TDY phone number of Texas Relay,
1-800-735-2988.
Written comments on the proposal may be sent to Linda Lo-
gan, director, Policy Development, Texas Department of Mental
Health and Mental Retardation, P.O. Box 12668, Austin, Texas
78711-2668, within 30 days of publication.
These rules are proposed under the Texas Health and Safety
Code, 532.015, which provides the Texas Mental Health and
Mental Retardation Board (board) with broad rulemaking author-
ity, and 533.009, which requires the board to adopt rules gov-
erning the exchange of patient and client records without the pa-
tient's or client's consent among department facilities, local men-
tal health or mental retardation authorities, community centers,
other designated providers, and subcontractees of mental health
and mental retardation services.
These proposed rules would affect the Texas Health and Safety
Code, 532.015 and 533.009.
414.1. Purpose.
The purpose of this subchapter is to require facilities, local authorities,
community centers, their respective contract providers, and TDMHMR
Central Office to comply with all applicable privacy laws, rules, and
regulations.
414.2. Application.
This subchapter applies to:
(1) all facilities of the Texas Department of Mental Health
and Mental Retardation (TDMHMR);
(2) TDMHMR Central Office;
(3) all local authorities; and
(4) all community centers.
414.3. Definitions.
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 men-
tal retardation services, or alcohol or drug abuse treatment from or
through a facility, a local authority, a community center, or its respec-
tive 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 bepermitted 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 per-
mits greater rights of access or amendment;
(C) with respect to information to be provided to an in-
dividual 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 dis-
closures, 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 infor-
mation 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 seek-
ing 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 in-
dividual can be determined either directly or by reference to other pub-
licly available information.
(C) The term does not include:
(i) health information that has been de-identified in
accordance with 45 CFR 164.514(b); andPROPOSED RULES February 7, 2003 28 TexReg 1041
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Texas. Secretary of State. Texas Register, Volume 28, Number 6, Pages 1015-1288, February 7, 2003, periodical, February 7, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101017/m1/25/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.