| (a) Information furnished to the department by anyone in confidence may not be shared with the appellant. Any information, however, which is used to decide an appeal must be shared with the appellant. If the information on which the eligibility decision was made is classified confidential, it may not be used in making the decision on the appeal. For these reasons the following procedures are used. (b) Physicians are informed that the medical information they furnish is subject to examination and review by the appellant or his representative if an administrative appeal is held. If the physician has prior notice, it is not necessary to get his permission before the information is released to the appellant or representative. (c) If the physician was not notified that medical information is subject to examination and review by the appellant or representative, PRS must obtain the clearance of the physician. If the physician has no
objections to the release of the information, it is released. If he objects to the release, the PRS must arrange another examination at state expense by a different physician. This information may be shared with the appellant or his representative. (d) If another agency releases medical information to PRS and requests that this information be kept confidential, PRS honors the request. This information may not be released to the appellant or considered in the appeal. If there is no additional information in the record upon which a decision can be made, the PRS authorizes additional medical examinations at state expense. If the physician requests that the medical report not be shared with the appellant, PRS' medical review team, or the disability determination unit notifies the hearing officer. The hearing officer then contacts the appellant's representative and obtains an agreement to protect the confidentiality of the report and to not share it with the
appellant. The medical report is then shared with the appellant's representative. A new medical examination must be made at state expense if: (1) an agreement to protect confidentiality cannot be made; (2) the appellant does not have a representative; or (3) the physician requests that even the representative not be allowed to review the report.
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| Source Note: The provisions of this §730.1304 adopted to be effective April 3, 1987, 12 TexReg 954; duplicated effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279.
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