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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 301LOCAL AUTHORITY RESPONSIBILITIES
SUBCHAPTER GMENTAL HEALTH COMMUNITY SERVICES STANDARDS
DIVISION 2ORGANIZATIONAL STANDARDS
RULE §301.329Medical Records System

(a) Maintenance of medical records. The LMHA, MCO, and the provider must ensure:

  (1) protection against unauthorized access, disclosure, modification or destruction of medical records, whether accidental or deliberate;

  (2) the availability, integrity, utility, authenticity, and confidentiality of information within the medical record;

  (3) a current, organized, legible, and comprehensive records system that:

    (A) conforms to good professional practice;

    (B) permits effective clinical review and audit; and

    (C) facilitates prompt and systematic retrieval of information;

  (4) a medical records system with sufficient redundancy to ensure access to individual records; and

  (5) compliance with applicable federal and state laws, rules, and regulations, including HIPAA, 42 CFR Part 2, and the requirements described in Chapter 414, Subchapter A of this title (relating to Protected Health Information).

(b) Disaster recovery plan. The LMHA, MCO, and the provider must maintain a written disaster recovery plan for information resources that will ensure service continuity.


Source Note: The provisions of this §301.329 adopted to be effective April 29, 2009, 34 TexReg 2603; transferred effective March 15, 2020, as published in the February 21, 2020 issue of the Texas Register, 45 TexReg 1237

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