(a) In accordance with the Older Americans Act, §712(d)(2)(A)
and 45 CFR §1324.13(e)(1), the State Ombudsman has the sole authority
to make determinations concerning the disclosure of confidential information,
as described in §88.304(a) of this chapter (relating to Disclosure
of Confidential Information, Exclusion from Reporting Requirements
Regarding Abuse, Neglect, and Exploitation, and Provision of Records
to the Office).
(b) A request to disclose written confidential information
is responded to in accordance with this subsection.
(1) If a person who is not a representative of the
Office but works for a host agency or governmental entity or nonprofit
organization contracting with a host agency, as described in §88.2(20)(B)
of this chapter (relating to Definitions), receives a request to disclose
written confidential information, as described in §88.304(a)
of this chapter, the host agency must ensure that the State Ombudsman
is immediately:
(A) notified of the request; and
(B) provided 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 host agency;
(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 host agency.
(c) A host agency must ensure that, except as provided
in 45 CFR §1324.19(b)(5) - (8), a representative of the Office
is not required to report allegations of abuse, neglect, or exploitation
under state law, including Texas Human Resources Code, Chapter 48,
without appropriate consent or court order.
(d) A host agency must, at the request of the Office,
immediately provide Ombudsman Program records that do not contain
confidential information, such as timesheets and evidence supporting
mileage reimbursement for representatives of the Office, to the Office.
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