SECTION 71.206. Release under Client Authorization

(a) DHS will disclose information about a client from a client case file if it receives a valid authorization to release the information signed by the client or the client's personal representative.

(b) To be valid, an authorization to release client information other than individually identifiable health information must contain the following elements:

(1) a description of the information to be disclosed;

(2) the identity of the person who is being authorized to disclose information;

(3) the identity of the person to whom the information is to be disclosed;

(4) a description of the purpose of the disclosure;

(5) an expiration event that is related to the client or the purpose of the disclosure or an expiration date;

(6) the date the client or the client's personal representative signed the authorization;

(7) if the client's personal representative signed the authorization, a description of the personal representative's authority to act;

(8) a statement describing the client's right to revoke the authorization; and

(9) a statement about whether the client's refusal to sign the authorization will affect the client's eligibility for or delivery of services.

(c) In addition to the elements described in subsection (b) of this section, a valid authorization to release individually identifiable health information must tell the client that information released under an authorization may no longer be private and may be released further by the person receiving the information.

Source Note: The provisions of this §71.206 adopted to be effective April 14, 2003, 28 TexReg 2356