| (i) health information that has been de-identified
in accordance with 45 CFR §164.514(b); and
(ii) employment records.
(25) Research--Consistent with 45 CFR §46.102(l),
a systematic investigation, including research development, testing
and evaluation, designed to develop or contribute to generalizable
knowledge. Activities that meet this definition constitute research
for purposes of this chapter, whether or not they are conducted or
supported under a program that is considered research for other purposes.
For example, some demonstration and service programs may include research
activities. For purposes of this chapter, the following activities
are not deemed as research.
(A) Scholarly and journalistic activities (e.g., oral
history, journalism, biography, literary criticism, legal research,
and historical scholarship), including the collection and use of information,
that focus directly on the specific individuals about whom the information
is collected.
(B) Public health surveillance activities, including
the collection and testing of information or biospecimens, conducted,
supported, requested, ordered, required, or authorized by a public
health authority. Such activities are limited to those necessary to
allow a public health authority to identify, monitor, assess, or investigate
potential public health signals, onsets of disease outbreaks, or conditions
of public health importance (including trends, signals, risk factors,
patterns in diseases, or increases in injuries from using consumer
products). Such activities include those associated with providing
timely situational awareness and priority setting during an event
or crisis that threatens public health (including natural or man-made
disasters).
(C) Collection and analysis of information, biospecimens,
or records by or for a criminal justice agency for activities authorized
by law or court order solely for criminal justice or criminal investigative
purposes.
(D) Authorized operational activities (as determined
by each agency) in support of intelligence, homeland security, defense,
or other national security missions.
(26) Rights officer--A person who oversees the research
site to protect and advocate for the rights of individuals receiving
HHSC services.
(27) State Hospital Central Administration--The HHSC
office that is responsible for the management and oversight of the
state hospital system.
(28) Texas Health and Human Services Commission Privacy
Division--The HHSC workforce responsible for creating and maintaining
privacy policies and procedures and investigating potential unauthorized
disclosures of protected health information, personally identifiable
information, and sensitive personal information. The Privacy Division
is responsible for declaring whether an incident is a breach of information
and notifying or recommending notification to affected individuals.
The Privacy Division acts as a resource and subject matter experts
to HHSC.
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