All reports, records, communications, and working papers used
or developed by HHSC in an investigation are confidential and may
be released only as provided in this section.
(1) HHSC may furnish the final written investigation
report on cases to the district attorney and law enforcement agencies
exercising jurisdiction if the investigation reveals abuse that is
a criminal offense. HHSC may provide to another state agency or governmental
entity information that is necessary for HHSC, the state agency, or
entity to properly execute its duties and responsibilities to provide
services to the elderly or disabled.
(2) HHSC may release the final written investigation
report to the public upon request provided the report is de-identified
to remove all names and other personally identifiable data, including
any information from witnesses and other person furnished to HHSC
as part of the investigation.
(3) HHSC notifies the reporter and the facility of
the results of HHSC's investigation of a reported case of abuse, neglect,
or exploitation, regardless of whether HHSC concluded that abuse,
neglect, or exploitation occurred or did not occur.
(4) Upon the written request of the person who is the
subject of a report of abuse, neglect, or exploitation, his or her
legal representative, or the personal representative of the person's
estate if he or she is deceased, HHSC releases to the person or the
representative otherwise confidential information relating to the
final report. The request must specify the information desired and
be signed and dated by the person making the request. A legal representative
or personal representative must also specify the reason the information
is requested and include with the request sufficient documentation
to establish his or her authority as the representative. HHSC edits
the information requested before release to protect the confidentiality
of information related to the reporter's identify and to protect any
other individual whose safety or welfare may be endangered by disclosure.
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