SECTION 87.107. Confidentiality

(a) Before sharing a consumer's information, OO staff confirm the identity of the individual receiving the information.

(b) If a person other than a consumer or the consumer's LAR contacts OO staff, including a health care provider, the person is told OO staff can take information from them but that OO staff must have permission from either the consumer or the consumer's LAR before OO staff can share information about their HHSC case.

(c) OO staff obtain a consumer's consent before sharing the consumer's information with anyone other than HHS staff involved in the review of the contact. Consent can be obtained from the consumer's LAR.

(d) OO staff follow HHSC's policies relating to transmission of consumer data, including use of secure email to encrypt messages that contains a consumer's confidential information or protected health information. OO staff can transmit data in a non-secure format if the consumer or the consumer's LAR consents in writing.

Source Note: The provisions of this §87.107 adopted to be effective January 10, 2019, 44 TexReg 252; amended to be effective December 21, 2022, 47 TexReg 8273