: Texas Register

Texas Register

TITLE 25	HEALTH SERVICES
PART 1	DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 98	TEXAS HIV MEDICATION PROGRAM
SUBCHAPTER C	TEXAS HIV MEDICATION PROGRAM
DIVISION 1	GENERAL PROVISIONS
RULE §98.109	Nondiscrimination and Confidentiality
ISSUE	11/11/2022
ACTION	Final/Adopted

Preamble

Texas Admin Code Rule

(a)Nondiscrimination. The department operates the THMP in a manner that allows full participation of individuals, regardless of their race, color, national origin, age or disability. For purposes of THMP, discrimination based on gender or sexual orientation is prohibited.

(b)Confidentiality. No information that could identify an individual applicant is released except as authorized by law and in accordance with §1.501 of this title (relating to Privacy of Health Information under the Health Insurance Portability and Accountability Act of 1996). An applicant is advised that, in addition to the department, the physicians, pharmacists, and designated Medicare prescription drug plan will be aware of the applicant's diagnosis.

(c)Disclose. The department may use or disclose individual health information to provide, coordinate, or manage health care or related services, as allowed by law. This includes referring the individual to other health care resources. The department may contact a THMP applicant or individual to discuss enrollment benefits, resources for treatment, or other health-related information as appropriate.

(d)Privacy notice. An individual may request a copy of the department's privacy notice by contacting the THMP.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 28, 2022

TRD-202204235

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: November 17, 2022

Proposal publication date: June 10, 2022

For further information, please call: (737) 255-4300

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