Section 4.4 - Requirements(a) TDMHMR Central Office and each facility, local authority, and community center shall comply with all applicable federal and state statutes, rules and regulations pertaining to privacy of protected health information (PHI) including, but not limited to, the federal and state statutes, rules and regulations described in § 414.5 of this title (relating to Regulations and Statutes Governing Confidentiality of Protected Health Information). (1) As set forth in 45 CFR Part 160 Subpart B, where a provision of 45 CFR Part 160 or 164 is contrary to a provision of state law, the federal regulation preempts the state law unless the provision of state law: (A) is more stringent (as defined) than the provision of the federal regulation;(B) provides for the reporting of disease or injury, child abuse, birth, or death, or for the conduct of public health surveillance, investigation, or intervention; or(C) requires a health plan to report, or to provide access to, information for the purpose of management audits, financial audits, program monitoring and evaluation, or the licensure or certification of providers or persons.(2) TDMHMR's "Interpretive Guidance on Laws Pertaining to Privacy of Mental Health and Mental Retardation Records for the TDMHMR Service Delivery System," referenced as Exhibit A in § 414.6 of this title (relating to Exhibits), provides an interpretation of the applicable federal and state statutes, rules and regulations described in § 414.5 of this title, applying the preemption provisions described in paragraph (1) of this subsection. TDMHMR Central Office and all facilities must comply with the "Interpretive Guidance on Laws Pertaining to Privacy of Mental Health and Mental Retardation Records for the TDMHMR Service Delivery System."(b) Information to be included in Notice of Privacy Practice. (1) Each facility, local authority, and community center shall include in its Notice of Privacy Practice a statement that disclosures may be made between facilities, local authorities, community centers, their respective contract providers, and TDMHMR Central Office for the purpose of treatment, payment, or health care operations without the individual's consent as permitted by Texas Health and Safety Code, § 533.009.(2) TDMHMR Central Office and each facility, local authority, and community center shall include in its Notice of Privacy Practice a statement: (A) that identifies it as a part of the TDMHMR service delivery system; and(B) that individuals may file a complaint with TDMHMR Consumer Services and Rights Protection/Ombudsman Office by calling 1-800-252-8154 or writing to P.O. Box 12668, Austin, TX 78711.(c) Each facility, local authority, and community center is responsible for ensuring that contracts with its contract providers require compliance with subsection (a) of this section.40 Tex. Admin. Code § 4.4
The provisions of this §4.4 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