| (a) In order to preserve the integrity of the Texas
Health and Human Services Commission's (HHSC's) inspection and investigation
process, a facility:
(1) shall not record, listen to, or eavesdrop on any
HHSC interview with facility staff or patients that the facility staff
knows HHSC intends to keep confidential as evidenced by HHSC taking
reasonable measures to prevent from being overheard; or
(2) shall not record, listen to, or eavesdrop on any
HHSC internal discussions outside the presence of facility staff when
HHSC has requested a private room or office or distanced themselves
from facility staff and the facility obtains HHSC' written approval
before beginning to record or listen to the discussion.
(b) A facility shall inform HHSC when security cameras
or other existing recording devices in the facility are in operation
during any internal discussion by or among HHSC staff.
(c) When HHSC by words or actions permits facility
staff to be present, an interview or conversation for which facility
staff are present does not constitute a violation of this rule.
(d) This section does not prohibit an individual from
recording an HHSC interview with the individual.
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