(a) Information identifying a resident or complainant is confidential. Such information includes:
  (1) the name of the resident or complainant;
  (2) information about the resident’s medical condition;
  (3) the resident’s medical history;
  (4) the resident’s social history, which includes occupation, residences, and information about a resident’s family;
  (5) the resident’s source of payment;
  (6) information about the resident’s personal life; and
  (7) information from a communication between a resident and a representative of the Office.
(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.
(c) A response to a request to disclose written confidential information must be in accordance with this subsection.
  (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:
    (A) notify the State Ombudsman of the request; and
    (B) provide the State Ombudsman with any communication from the requestor.
  (2) If the State Ombudsman receives a request to disclose written confidential information, the State Ombudsman:
    (A) sends written acknowledgement of receipt of the request to the representative of the Office;
    (B) reviews the request and responds to the requestor within a time frame required by applicable state or federal law; and
    (C) sends a copy of the response to the local ombudsman entity.
(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) regardless of whether a representative of the Office is required to report allegations of abuse, neglect, or exploitation under professional licensure standards; and
  (2) to a representative of the Office only in the performance of functions of the Ombudsman Program.
(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