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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 87 - OMBUDSMAN SERVICES
SUBCHAPTER B - PROVISIONS COMMON TO ALL OMBUDSMAN PROGRAMS
SECTION/RULE §87.23 - Confidentiality and Communications Related to Complaints.
Chapter Review Date 12/27/2023

(a) Confidentiality Requirements. In accordance with Texas Government Code §531.996, and §87.19(b)(3) and (e)(1) of this chapter (relating to Duties and Statewide Procedures):(1) a person may communicate with an ombudsman relating to a complaint by telephone, mail, electronic mail, or any other means the ombudsman determines to be feasible, secure, and accessible;(2) the records of an ombudsman relating to a complaint are confidential; (3) communications with an ombudsman are confidential both during and after an investigation or review of a complaint; (4) the disclosure of confidential information to an ombudsman does not constitute a waiver of confidentiality; any information disclosed remains confidential and privileged following disclosure; (5) an ombudsman may communicate with HHSC or DFPS regarding confidential information disclosed to the ombudsman; and(6) an ombudsman may make reports relating to an investigation of a complaint public after the complaint is resolved; a report may not include information that identifies an individual complainant, client, parent, employee, or any other person involved in the complaint.(b) Complaint Communications Process. (1) Except as noted in paragraph (3) of this subsection, before sharing complaint-related information, OO staff verify the identity of the person receiving the information and only share the information with the consumer or individual applying for or receiving services, their LAR, and staff within HHS and DFPS involved in the review of the complaint. With the consent of the consumer or individual or their LAR, OO staff may share complaint information with other appropriate parties who can assist with the issue. (2) OO staff follow the HHSC policies relating to transmission of complaint data, including use of secure email to encrypt messages that contain an individual's confidential information or protected health information. (3) In certain instances, state and federal laws and rules and regulations may authorize or require OO staff to contact vendors contracted to provide services on behalf of an agency program and share complaint information with them to address a complaint, without obtaining explicit permission of the individual or their LAR. This is especially relevant for individuals who may be unable to communicate.

Source Note: The provisions of this §87.23 adopted to be effective April 3, 2025, 50 TexReg 2203.

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