SECTION 71.405. Correction of Individually Identifiable Health Information in a Designated Record Set

(a) If the Texas Department of Human Services (DHS) agrees to correct individually identifiable health information in a designated record set, DHS will ask the individual for permission to share the correction with relevant persons and to identify relevant persons with whom the correction should be shared. If the individual agrees to let DHS share the correction, DHS will make reasonable efforts to give the correction to:

(1) persons identified by the individual as needing to know about the correction; and

(2) persons whom DHS knows have received the incorrect information and who may have relied or could foreseeably rely on the information to the disadvantage of the individual.

(b) If DHS does not agree to make the correction requested, the individual may give DHS a statement disagreeing with the decision not to make the correction. In response, DHS may write a rebuttal. If DHS writes a rebuttal, DHS will give the individual a copy. DHS will attach the individual's statement and DHS rebuttal to any future disclosures of the information the individual asked DHS to correct. If the individual does not submit a statement disagreeing with the decision not to make the correction, the individual may ask DHS to attach the request for correction and written decision to any future disclosures of the information the individual asked DHS to correct.

Source Note: The provisions of this §71.405 adopted to be effective April 14, 2003, 28 TexReg 2356