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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 71INFORMATION PRACTICES
SUBCHAPTER CPRIVACY OF HEALTH INFORMATION
RULE §71.304Right to Report of Disclosures

(a) Except as stated in subsection (b) of this section, you have a right to know about DHS's disclosures of your individually identifiable health information. This right means that DHS has to tell you when it has disclosed your individually identifiable health information in the six years before you ask about the disclosures.

(b) DHS does not have to tell you about disclosures of your individually identifiable health information:

  (1) to carry out treatment, payment, or health care operations;

  (2) to you;

  (3) under a valid authorization signed by you;

  (4) to persons involved in your care or for identification purposes as stated in 45 CFR §164.508(b);

  (5) for national security or intelligence purposes as stated in 45 CFR §164.512(k);

  (6) to correctional institutions or law enforcement officers as stated in 45 CFR §164.512(k)(5);

  (7) for purposes of research, public health, or health care operations if any information that directly identifies you, your relatives, your employers, or other members of your household is removed as stated in 45 CFR §164.514(e);

  (8) that happened before April 14, 2003; or

  (9) that are otherwise excluded from the reporting requirement in section 45 CFR §164.528(a).

(c) To ask for a report under subsection (a) of this section, write the DHS Privacy Officer at Texas Department of Human Services Y-994, P.O. Box 149030, Austin, Texas 78714-9030.


Source Note: The provisions of this §71.304 adopted to be effective April 14, 2003, 28 TexReg 2356

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