1. (a) Information identifying a resident or complainant is confidential. Such information includes:

   1. (1) the name of the resident or complainant;
   2. (2) information about the resident's medical condition;
   3. (3) the resident's medical history;
   4. (4) the resident's social history, which includes occupation, residences, and information about a resident's family;
   5. (5) the resident's source of payment;
   6. (6) information about the resident's personal life; and
   7. (7) information from a communication between a resident and a representative of the Office.
2. (b) A local ombudsman entity must ensure that a disclosure of confidential information that is not written information complies with the Older Americans Act, §712(d), 45 CFR §1324.11(e)(3), and the Ombudsman Policies and Procedures Manual.

3. (c) A response to a request to disclose written confidential information must be in accordance with this subsection.

   1. (1) If a representative of the Office receives a request to disclose written confidential information as described in subsection (a) of this section, including a subpoena, the representative must immediately:

      1. (A) notify the State Ombudsman of the request; and
      2. (B) provide the State Ombudsman with any communication from the requestor.

   2. (2) If the State Ombudsman receives a request to disclose written confidential information, the State Ombudsman:

      1. (A) sends written acknowledgement of receipt of the request to the representative of the Office;
      2. (B) reviews the request and responds to the requestor within a time frame required by applicable state or federal law; and
      3. (C) sends a copy of the response to the local ombudsman entity.

4. (d) In accordance with 45 CFR §1324.11(e)(3)(iv), a representative of the Office must not, except as provided in §1324.19(b)(5) - (8), report allegations of abuse, neglect, or exploitation under state law, including Texas Human Resources Code, Chapter 48, without appropriate consent or court order. This prohibition applies:

   1. (1) regardless of whether a representative of the Office is required to report allegations of abuse, neglect, or exploitation under professional licensure standards; and
   2. (2) to a representative of the Office only in the performance of functions of the Ombudsman Program.
5. (e) A local ombudsman entity must, at the request of the Office, immediately provide Ombudsman Program records to the Office.

Source Note:The provisions of this §88.304 adopted to be effective April 5, 2018, 43 TexReg 2007.