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PARKLAND HEALTHfirst - Parkland Community Health Plan, Inc.

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A Partner Notification Program shall routinely evaluate the performance of counselors and other program<br />

personnel to ensure that high quality services are being delivered. This program shall adopt quality assurance<br />

and training guidelines according to recommendations of the Centers for Disease Control of the United States<br />

Public <strong>Health</strong> Service for professionals participating in the program.<br />

In this section, “HIV” has the meaning assigned by Section 81.101<br />

Added by Acts 1991, 72 nd Leg., chapter. 14, Sec. 18, eff. Sept. 1, 1991.<br />

Amended by Acts 1995, 74 th Leg., ch 622, Sec. 1, eff. June 14, 1995<br />

Sec. 85.115 Confidentiality Guidelines<br />

a) Each State agency shall develop and implement guidelines regarding confidentiality of AIDS and HIVrelated<br />

medical information for employees of the agency and for members, inmates, patients, and residents<br />

served by the agency.<br />

b) Each entity that receives funds from a State agency for residential or direct member services or programs<br />

shall develop and implement guidelines regarding confidentiality of AIDS and HIV-related medical<br />

information for employees of the entity and for members, inmates, patients, and residents served by the<br />

entity.<br />

c) The confidentiality guidelines must be consistent with guidelines published by the CHIP Program and with<br />

State and Federal law and regulations.<br />

d) An entity that does not adopt confidentiality guidelines is not eligible to receive State funds until the<br />

guidelines are developed and implemented.<br />

Added by Acts 1991, 72 nd Leg., Chapter. 14, Sec. 36, eff. Sept. 1, 1991.<br />

Sec. 85.260. Confidentiality<br />

a) Any statement that an identifiable person has or has not been tested with a home collection kit for HIV<br />

infection testing, including a statement or assertion that the person is positive, is negative, is at risk, or has<br />

or does not have a certain level of antigen or antibody, is confidential as provided by Section 81.103<br />

b) A person commits an offense if the person violates this section. The punishment for an offense under this<br />

section is the same as the punishment for an offense under Section 81.103.<br />

Electronic Data Transfer<br />

1) All data sets containing unique identifiers (e.g., names) being sent by diskette, electronic mail, or any other<br />

electronic medium, must be password encrypted.<br />

2) The passwords used should be negotiated by the sending and receiving parties before transferring electronic<br />

data.<br />

3) Passwords must be at least eight characters long, contain both letters and numbers, and must not be<br />

commonly used words.<br />

4) Passwords for encrypted files can not be mailed in the same shipping package as the encrypted file.<br />

Medical Records and Confidentially<br />

115

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