(a) In order to preserve the integrity of the Texas
Health and Human Services Commission's (HHSC's) inspection and investigation
process, a limited services rural hospital (LSRH):
(1) shall not record, listen to, or eavesdrop on any
HHSC interview with LSRH staff or patients that the LSRH 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 LSRH staff when
HHSC has requested a private room or office or distanced themselves
from LSRH staff and the LSRH obtains HHSC written approval before
beginning to record or listen to the discussion.
(b) An LSRH shall inform HHSC when security cameras
or other existing recording devices in the LSRH are in operation during
any internal discussion by or among HHSC staff.
(c) When HHSC permits facility staff by words or actions
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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