(a) For any public health data request not subject to an existing agreement with the department, the local public health entity submits a request to the department using procedures posted on the department's website.
(b) The local public health entity must provide sufficient information in its data request for the department to determine if the data will be used in the provision of essential public health services.
(c) The department evaluates all requests timely to ensure the requests are processed as expeditiously and consistently as department resources allow.
(d) Requests are evaluated on the following criteria:
  (1) the public health benefit and purpose of the request;
  (2) the privacy of the individuals whose data is requested;
  (3) the management of the data by the requestor, including management of public health data released to the requestor in previous requests; and
  (4) other relevant state and federal laws regarding the confidentiality of data.
(e) The department may require the local public health entity to enter into a written agreement before the release of data.
(f) The department notifies a requesting local public health entity in writing of any denied request and the reason for the denial.

Source Note: The provisions of this §85.4 adopted to be effective February 1, 2021, 45 TexReg 8522