40 Tex. Admin. Code § 4.3

Current through Reg. 49, No. 45; November 8, 2024

Section 4.3 - Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

(1) Community center--A center established under the Texas Health and Safety Code, Title 7, Chapter 534, Subchapter A.

(2) Contract provider--A person, entity, or organization that contracts with a facility, local authority, or community center to provide mental health or mental retardation services, or alcohol or drug abuse treatment.

(3) Facility--A state mental health facility or a state mental retardation facility.

(4) Individual--A person who, voluntarily or involuntarily, is seeking or receiving, or has sought or received mental health or mental retardation services, or alcohol or drug abuse treatment from or through a facility, a local authority, a community center, or its respective contract providers, or TDMHMR Central Office.

(5) Local authority--An entity designated by the TDMHMR commissioner in accordance with the Texas Health and Safety Code, § 533.035(a).

(6) More stringent--In accordance with 45 CFR 160.202, a state law that meets one or more of the following criteria:

(A) with respect to a use or disclosure, the law prohibits or restricts a use or disclosure where the use or disclosure would be permitted under the federal regulation, except if the disclosure is to the U.S. Department of Health and Human Services or to the individual;

(B) with respect to the rights of an individual regarding access to or amendment of protected health information, the law permits greater rights of access or amendment;

(C) with respect to information to be provided to an individual about a use, a disclosure, rights, and remedies, the law provides a greater amount of information;

(D) with respect to consent or authorization for use or disclosure of protected health information, the law narrows the scope or duration of the consent or authorization, increases privacy protections, or reduces the coercive effect of obtaining the consent or authorization; or

(E) with respect to recordkeeping or accounting of disclosures, the law provides for the retention or reporting of more detailed information or for a longer duration.

(7) Notice of Privacy Practices--Pursuant to 45 CFR §164.501, a written notice developed and distributed by a covered entity, as defined in 45 CFR §160.103, that describes:

(A) the uses and disclosures of protected health information that may be made by the entity; and

(B) individuals' rights and the entity's legal duties with respect to protected health information.

(8) Protected health information or PHI--

(A) Any information that identifies or could be used to identify an individual, whether oral or recorded in any form, that relates to:

(i) the past, present, or future physical or mental health or condition of the individual;

(ii) the provision of health care to the individual; or

(iii) the payment for the provision of health care to the individual.

(B) The term includes, but is not limited to:

(i) an individual's name, address, date of birth, or Social Security number;

(ii) an individual's medical record or case number

(iii) a photograph or recording of an individual;

(iv) statements made by an individual, either orally or in writing, while seeking or receiving services from or through a facility, a local authority, a community center, or its respective contract providers, or TDMHMR Central Office;

(v) any acknowledgment that an individual is seeking or receiving or has sought or received services from or through a facility, a local authority, a community center, or its respective contract providers, or TDMHMR Central Office;

(vi) direct identifiers of relatives, employers, or household members of an individual; and

(vii) any information by which the identity of an individual can be determined either directly or by reference to other publicly available information.

(C) The term does not include:

(i) health information that has been de-identified in accordance with 45 CFR §164.514(b); and

(ii) employment records held by an entity as an employer.

(9) State mental health facility--A state hospital or a state center with an inpatient component that is operated by TDMHMR.

(10) State mental retardation facility--A state school or a state center with a mental retardation residential component that is operated by TDMHMR.

40 Tex. Admin. Code § 4.3

The provisions of this §4.3 adopted to be effective April 23, 2003, 28 TexReg 3340; Transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841