C-2600, Procedure for Preventing Disclosures of Information

Revision 12-3; Effective September 1, 2012

  1. If information about an applicant/recipient is requested but cannot be released, inform the inquiring person or agency that federal and state laws and HHSC regulations require that the information being requested remain confidential. Refer the questioner to Title 42 of the United States Code, Section 1396a(a)(7); 42 CFR Sections 431.300-431.307; and Texas Human Resource Code, Sections 12.003 and 21.012. For individually identified health information, refer the requestor to 45 CFR sections 164.102-164.534. For tax information obtained through IEVS, also refer the requestor to the Internal Revenue Service (IRS) Code, Sections 7213, 7213A and 7431. Title 26 US Code Section 6103 is the confidentiality statue that prohibits disclosure of FTI. For human services agencies, it is IRC 6103(1)(7).

    Reference: See Appendix XVIII, IRS Tax Code, Sections 7213, 7213A and 7431.

  2. If subpoenaed to appear in court with an applicant's/recipient's record, notify the supervisor immediately. Give the supervisor all the facts about the case and the date and time of the court hearing. The supervisor should contact the lawyer who is requesting the record and determine whether the requested information is confidential. If a problem exists, the supervisor should inform the regional attorney about all relevant facts. Usually, the subpoenaed employee must take the record and appear in court as directed by the summons. When requested to disclose information from the record, ask the judge to be excused from disclosing the information because of the statutory prohibitions stated previously in this section. Abide by the ruling of the judge.

  3. If subpoenaed to appear in court, and no time is allowed to follow the steps specified in this section, take the record and appear in court as directed by the summons. When requested to disclose the information from the record, follow the procedure described in Step 2.

For individually identifiable health information, refer the requestor to 45 CFR Sections 164.102-164.534.