| (a) Information identifying a resident or complainant
is confidential. Such information includes:
(1) the name of the resident or complainant;
(2) information about the resident’s medical
condition;
(3) the resident’s medical history;
(4) the resident’s social history, which includes
occupation, residences, and information about a resident’s family;
(5) the resident’s source of payment;
(6) information about the resident’s personal
life; and
(7) information from a communication between a resident
and a representative of the Office.
(b) A local ombudsman entity must ensure that a disclosure
of confidential information that is not written information complies
with the Older Americans Act, §712(d), 45 CFR §1324.11(e)(3),
and the Ombudsman Policies and Procedures Manual.
(c) A response to a request to disclose written confidential
information must be in accordance with this subsection.
(1) If a representative of the Office receives a request
to disclose written confidential information as described in subsection
(a) of this section, including a subpoena, the representative must
immediately:
(A) notify the State Ombudsman of the request; and
(B) provide the State Ombudsman with any communication
from the requestor.
(2) If the State Ombudsman receives a request to disclose
written confidential information, the State Ombudsman:
(A) sends written acknowledgement of receipt of the
request to the representative of the Office;
(B) reviews the request and responds to the requestor
within a time frame required by applicable state or federal law; and
(C) sends a copy of the response to the local ombudsman
entity.
(d) In accordance with 45 CFR §1324.11(e)(3)(iv),
a representative of the Office must not, except as provided in §1324.19(b)(5)
- (8), report allegations of abuse, neglect, or exploitation under
state law, including Texas Human Resources Code, Chapter 48, without
appropriate consent or court order. This prohibition applies:
(1) regardless of whether a representative of the Office
is required to report allegations of abuse, neglect, or exploitation
under professional licensure standards; and
(2) to a representative of the Office only in the performance
of functions of the Ombudsman Program.
(e) A local ombudsman entity must, at the request of
the Office, immediately provide Ombudsman Program records to the Office.
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