Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 71.
PUBLIC INFORMATION
The Texas Department of Human Services (DHS) adopts the repeal of §§71.1-71.4,
71.11-71.17, 71.21-71.28, 71.31, and 71.40; and adopts new §§71.101-71.103,
71.201- 71.206, 71.301-71.310, and 71.401-71.405 without changes to the proposed
text published in the November 22, 2002, issue of the
Texas Register
(27 TexReg 10902).
DHS undertook the repeals and new sections to update the chapter, to put
most of the agency-wide rules regarding the handling of information in the
same rule chapter, and to adopt rules regarding the privacy of health information.
These repeals and new sections also provided DHS the opportunity to rewrite
its rules in plain language to make them easier for the public to understand.
Justification for the repeals and new sections is to make sure the rules
are accurate, enforceable, and easy for the public to locate and understand.
Justification for the new sections regarding individually identifiable health
information is to implement the requirements of the Health and Safety Code,
Chapter 181, and the Standards for Privacy of Individually Identifiable Health
Information adopted by the U.S. Department of Health and Human Services under
the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (45
Code of Federal Regulations §§164.500-164.534)(the HIPAA privacy
rule).
Most of the adopted new sections in Subchapter C, along with §71.206(c)
and §71.405, did not require DHS to make any policy decisions, but rather
simply adopted the requirements stated in Health and Safety Code, Chapter
181, and the HIPAA privacy rule. However, in §§71.302(c) and (d),
71.304(c), 71.305, 71.307(b), and 71.310, which indicate who at DHS a person
should contact to exercise his or her rights under the rules, DHS made the
contact people the same as or similar to those under its current procedures.
Section 71.303 lists the sets of records from which individuals can access
their own health information. The HIPAA privacy rule requires DHS to maintain
a list of all these records sets. Thus, DHS identified all the records sets
it maintains that meet the definition of "designated records set" in the HIPAA
privacy rule.
The HIPAA privacy rule requires DHS to verify the identity and authority
of people asking for certain health information either about themselves or
others. Therefore, §71.308 was proposed to tell people what kind of proof
of identity and authority DHS may require under the HIPAA privacy rule. Because
what is necessary to verify identity or authority may vary considerably from
one situation to another, DHS decided to provide maximum flexibility by indicating
that the agency may ask for one or more of the listed forms of proof.
Because the HIPAA privacy rule requires DHS to limit its disclosures of
certain health information to what is necessary, DHS proposed guidelines in §71.309(d)
that provide for flexible criteria to decide how much information to release
for nonroutine, nonrecurring disclosures.
DHS received no comments regarding adoption of either the repeals or the
new sections.
Subchapter A. DISCLOSURE OF INFORMATION
40 TAC §§71.1 - 71.4
The repeals are adopted under the Human Resources Code, Chapter
22, which authorizes DHS to administer public assistance programs; and under
the Government Code, Chapter 552, which provides DHS with the authority to
promulgate rules under which public information may be inspected and copied.
The repeals implement the Human Resources Code, §§22.0001-22.038,
and the Government Code, §552.230.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 27, 2003.
TRD-200301447
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 14, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 438-3734
40 TAC §§71.11 - 71.17
The repeals are adopted under the Human Resources Code, Chapters
12, 21, and 22, which prohibits the disclosure of personal information from
DHS records, provides DHS with the authority to promulgate rules under which
its records may be disclosed, and authorizes DHS to administer public assistance
programs.
The repeals implement the Human Resources Code, §12.003, §21.012,
and §§22.0001-22.038.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 27, 2003.
TRD-200301448
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 14, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 438-3734
40 TAC §§71.21 - 71.28
The repeals are adopted under the Human Resources Code, Chapter
22, which authorizes DHS to administer public assistance programs.
The repeals implement the Human Resources Code, §§22.0001-22.038.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 27, 2003.
TRD-200301449
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 14, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 438-3734
40 TAC §71.31
The repeal is adopted under the Human Resources Code, Chapter
22, which authorizes DHS to administer public assistance programs.
The repeal implements the Human Resources Code, §§22.0001-22.038.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 27, 2003.
TRD-200301450
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 14, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 438-3734
40 TAC §71.40
The repeal is adopted under the Human Resources Code, Chapter
22, which authorizes DHS to administer public assistance programs.
The repeal implements the Human Resources Code, §§22.0001-22.038.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 27, 2003.
TRD-200301451
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 14, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 438-3734
Subchapter A. DISCLOSURE OF INFORMATION
40 TAC §§71.101 - 71.103
The new sections are adopted under the Government Code, Chapter
552, which provides DHS with the authority to promulgate rules under which
public information may be inspected and copied.
The new sections implement the Government Code, §552.230.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 27, 2003.
TRD-200301452
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 14, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 438-3734
40 TAC §§71.201 - 71.206
The new sections are adopted under the Human Resources Code,
Chapters 12, 21, and 22, which prohibits the disclosure of personal information
from DHS records, provides DHS with the authority to promulgate rules under
which its records may be disclosed, and authorizes DHS to administer public
assistance programs.
The new sections implement the Human Resources Code, §§12.003,
21.012, and 22.0001-22.038.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 27, 2003.
TRD-200301453
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 14, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 438-3734
40 TAC §§71.301 - 71.310
The new sections are adopted under the Human Resources Code,
Chapters 22 and 32, which authorizes DHS to administer public and medical
assistance programs; under the Government Code, §531.021, which provides
the Texas Health and Human Services Commission with the authority to administer
federal medical assistance funds; and under the Health and Safety Code, Chapter
181, which governs DHS's disclosure of protected health information.
The new sections implement the Human Resources Code, §§22.0001-22.038
and §§32.001-32.053; the Government Code, §531.021; and the
Health and Safety Code, §§181.001-181.204.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 27, 2003.
TRD-200301454
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 14, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 438-3734
40 TAC §§71.401 - 71.405
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs,
and under the Government Code, §559.004, which requires DHS to adopt
procedures for correcting incorrect information.
The new sections implement the Human Resources Code, §§22.0001-22.038,
and the Government Code, §559.004.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 27, 2003.
TRD-200301455
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 14, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 438-3734
Subchapter K. CORRECTING INFORMATION
Subchapter B. CONFIDENTIALITY OF INFORMATION
Subchapter C. ADOPTION REGISTRY
Subchapter D. RECORDS MANAGEMENT
Subchapter E. PUBLIC INTEREST INFORMATION
Chapter 71.
INFORMATION PRACTICES
Subchapter B. CLIENT INFORMATION
Subchapter C. PRIVACY OF HEALTH INFORMATION
Subchapter D. CORRECTING INFORMATION
Chapter 79.
LEGAL SERVICES