26 Tex. Admin. Code § 87.23 - Confidentiality and Communications Related to Complaints
(a) Confidentiality
Requirements. In accordance with Texas Government Code §
531.996, and
§87.19(b)(3) and (e)(1) of this chapter (relating to Duties and Statewide
Procedures):
(1) a person may communicate with
an ombudsman relating to a complaint by telephone, mail, electronic mail, or
any other means the ombudsman determines to be feasible, secure, and
accessible;
(2) the records of an
ombudsman relating to a complaint are confidential;
(3) communications with an ombudsman are
confidential both during and after an investigation or review of a
complaint;
(4) the disclosure of
confidential information to an ombudsman does not constitute a waiver of
confidentiality; any information disclosed remains confidential and privileged
following disclosure;
(5) an
ombudsman may communicate with HHSC or DFPS regarding confidential information
disclosed to the ombudsman; and
(6)
an ombudsman may make reports relating to an investigation of a complaint
public after the complaint is resolved; a report may not include information
that identifies an individual complainant, client, parent, employee, or any
other person involved in the complaint.
(b) Complaint Communications Process.
(1) Except as noted in paragraph (3) of this
subsection, before sharing complaint-related information, OO staff verify the
identity of the person receiving the information and only share the information
with the consumer or individual applying for or receiving services, their LAR,
and staff within HHS and DFPS involved in the review of the complaint. With the
consent of the consumer or individual or their LAR, OO staff may share
complaint information with other appropriate parties who can assist with the
issue.
(2) OO staff follow the HHSC
policies relating to transmission of complaint data, including use of secure
email to encrypt messages that contain an individual's confidential information
or protected health information.
(3) In certain instances, state and federal
laws and rules and regulations may authorize or require OO staff to contact
vendors contracted to provide services on behalf of an agency program and share
complaint information with them to address a complaint, without obtaining
explicit permission of the individual or their LAR. This is especially relevant
for individuals who may be unable to communicate.
Notes
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