Section 98.109 - Nondiscrimination and Confidentiality(a) Nondiscrimination. The department operates the THMP in a manner that allows full participation of individuals, regardless of their race, color, national origin, age, or disability. For purposes of THMP, discrimination based on gender or sexual orientation is prohibited.(b) Confidentiality. No information that could identify an individual applicant is released except as authorized by law and in accordance with § 1.501 of this title (relating to Privacy of Health Information under the Health Insurance Portability and Accountability Act of 1996). An applicant is advised that, in addition to the department, the physicians, pharmacists, and designated Medicare prescription drug plan will be aware of the applicant's diagnosis.(c) Disclose. The department may use or disclose individual health information to provide, coordinate, or manage health care or related services, as allowed by law. This includes referring the individual to other health care resources. The department may contact a THMP applicant or individual to discuss enrollment benefits, resources for treatment, or other health-related information as appropriate.(d) Privacy notice. An individual may request a copy of the department's privacy notice by contacting the THMP.25 Tex. Admin. Code § 98.109
The provisions of this §98.109 adopted to be effective August 28, 2003, 28 TexReg 6855; amended to be effective December 16, 2007, 32 TexReg 9128; amended to be effective November 20, 2013, 38 TexReg 8244; Adopted by Texas Register, Volume 47, Number 45, November 11, 2022, TexReg 7558, eff. 11/17/2022