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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 1MISCELLANEOUS PROVISIONS
SUBCHAPTER WPRIVACY POLICY
RULE §1.501Privacy of Health Information under the Health Insurance Portability and Accountability Act of 1996

    (B) the department's Privacy Officer at the Privacy Officer's electronic mail address at hipaa.privacy@dshs.state.tx.us or by mail to the DSHS HIPAA Privacy Officer, Mail Code 1915, P.O. Box 149347, Austin, Texas 78714-9347.

  (5) A request for a report submitted to the department's Privacy Officer must include the name(s) of the designated health care component of the department from which a report is requested.

(g) Right to request further limits on uses and disclosures of protected health information.

  (1) An individual has the right to request that the department restrict its uses and disclosures of PHI about the individual; however, the department is not required to agree to any restrictions that are not required by law, rule, or regulation.

  (2) An individual may submit a written request for restrictions of uses and disclosures to the department's Privacy Officer at the Privacy Officer's electronic mail address at hipaa.privacy@dshs.state.tx.us or by mail to the DSHS HIPAA Privacy Officer, Mail Code 1915, P.O. Box 149347, Austin, Texas 78714-9347.

(h) Right to request confidential communication from a designated health care component of the department by different means or at different locations.

  (1) An individual has the right to submit a written request that the individual receive communications of PHI from a designated health care component of the department in a way and in a place that is most appropriate for the individual. The written request must specify the reasonable accommodations that are required and the designated health care component of the department to which the request relates.

  (2) An individual may submit a written request for accommodation to:

    (A) the designated health care component of the department that is in possession of the individual's PHI; or

    (B) the department's Privacy Officer at the Privacy Officer's electronic mail address at hipaa.privacy@dshs.state.tx.us or by mail to the DSHS Privacy Officer, Mail Code 1915, P.O. Box 149347, Austin, Texas 78714-9347.

  (3) The department shall provide a written approval or denial of the request for accommodation.

(i) Complaints.

  (1) An individual has the right to complain about the department's privacy policies or how the department complies with its privacy policies related to PHI.

  (2) An individual may file a complaint by telephone to the number printed on the department's HIPAA Privacy Notice, or in writing to:

    (A) the department's Privacy Officer at the Privacy Officer's email address at hipaa.privacy@dshs.state.tx.us or by mail to DSHS Privacy Officer, Mail Code 1915, P.O. Box 149347, Austin, Texas 78714-9347; or

    (B) Region VI - Dallas Office for Civil Rights (OCR), U.S. Department of Health and Human Services, by mail to 1301 Young Street, Suite 1169, Dallas, Texas 75202, or by email to OCR at OCRcomplaint@hhs.gov, or by phone at: (214) 767-4056, (214) 767-8940 (TDD), or by fax at (214) 767-0432; or

    (C) the Texas Attorney General's Office, Consumer Protection Division, by mail at: P.O. Box 12548, Austin, Texas 78711 or at the Attorney General's Internet web site at http://www.oag.state.tx.us/consumer/complain.shtml.

  (3) An individual may download a copy of a complaint form and instructions on how to file it at:

    (A) the department's HIPAA Internet web site at http://www.dshs.state.tx.us/hipaa/privacycomplaints.shtm; or

    (B) the U.S. Department Health and Human Services, OCR's Internet web site at http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html.

(j) Uses and disclosures of protected health information among HHS System agencies, and other state agencies.

  (1) As authorized or required by law, programs or offices among HHS System agencies, and other state agencies may share PHI as necessary to accomplish the public health, health care oversight, business, and other essential functions of the HHS System, and other state agencies.

  (2) The department shall use and disclose PHI within the department in accordance with the applicable requirements in 45 C.F.R. §164.504, and federal and state statutes that require the department to protect the confidentiality of PHI.


Source Note: The provisions of this §1.501 adopted to be effective February 12, 2012, 37 TexReg 496

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