| (a) Unless authorized to do so under 34 CFR §99.31
or the Uninterrupted Scholars Act (Public Law 112-278), parental consent
must be obtained before personally identifiable information is:
(1) disclosed to anyone other than officials or employees
of Early Childhood Intervention (ECI) participating agencies collecting
or using the information; or
(2) used for any purpose other than meeting a requirement
under this chapter.
(b) A contractor may request that the parent provide
a release to share information with others for legitimate purposes.
However, when such a release is sought:
(1) the parent must be informed of their right to refuse
to sign the release;
(2) the release form must list the agencies and providers
to whom information may be given and specify the type of information
that might be given to each;
(3) the parent must be given the opportunity to limit
the information provided under the release and to limit the agencies,
providers, and persons with whom information may be shared. The release
form must provide ample space for the parent to express in writing
such limitations;
(4) the release must be revocable at any time;
(5) the consent to release information form must have
a time limit:
(A) not to exceed seven years after the child exits
services or other applicable record retention period, as described
in §350.237 of this subchapter (relating to Record Retention
Period) for billing records; or
(B) not to exceed one year for all other consents to
release information; and
(6) if the parent refuses to consent to the release
of all or some personally identifiable information, the program will
not release the information.
(c) The contractor may disclose personally identifiable
information without prior written parental consent if the disclosure
meets one or more of the following conditions:
(1) the disclosure is to another Texas Health and Human
Services Commission (HHSC) ECI contractor during a transfer of services;
(2) the disclosure is restricted to limited personal
identification, as defined in §350.1203 of this chapter (relating
to Definitions), being sent to the Local Education Agency (LEA) for
child find purposes, unless the parent opted-out of the notification
in accordance with §350.1213 of this chapter (relating to LEA
Notification Opt Out);
(3) the disclosure is to the Texas Department of Family
and Protective Services for the purpose of reporting or cooperating
in the investigation of suspected child abuse or neglect;
(4) the disclosure is in response to a court order
or subpoena;
(5) the disclosure is to a federal or state oversight
entity, including:
(A) United States Department of Health and Human Services,
or its designee;
(B) Comptroller General of the United States, or its
designee;
(C) Office of the State Auditor of Texas, or its designee;
(D) Office of the Texas Comptroller of Public Accounts,
or its designee;
(E) Medicaid Fraud Control Unit of the Texas Attorney
General's Office, or its designee;
(F) HHSC, including:
(i) Office of Inspector General;
(ii) Managed Care Organization Program personnel from
HHSC, or designee;
(iii) any other state or federal entity identified
by HHSC, or any other entity engaged by HHSC; and
(iv) any independent verification and validation contractor,
audit firm, or quality assurance contractor acting on behalf of HHSC;
(G) state or federal law enforcement agency; or
(H) State of Texas Legislature general or special investigating
committee or its designee; or
(6) the disclosure meets the requirements of the Uninterrupted
Scholars Act, which provides that:
(A) the disclosure is to a caseworker or other representative
of a State or local child welfare agency or tribal organization authorized
to access the child's case plan;
(B) the child is in foster care and the child welfare
agency or organization is legally responsible, in accordance with
State or tribal law, for the care and protection of the student; and
(C) the disclosure must pertain to addressing the educational
needs of the child.
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| Source Note: The provisions of this §350.233 adopted to be effective September 1, 2011, 36 TexReg 5387; amended to be effective March 7, 2015, 40 TexReg 939; amended to be effective June 30, 2019, 44 TexReg 3280; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941; amended to be effective March 10, 2022, 47 TexReg 1277 |
