| (a) Confidentiality. All reports, records, and working
papers used or developed by HHSC in an investigation are confidential
and may be released only as provided in this subsection.
(1) Completed written investigation reports on cases
concluded to be abuse or neglect must be furnished to the district
attorney and appropriate law enforcement agency. HHSC also may release
these reports to any other public agency HHSC deems appropriate to
the investigation.
(2) Completed written investigation reports are open
to the public, provided the report is deidentified. The process of
deidentification means removing all names and other personally identifiable
data, including any information from witnesses and others furnished
to HHSC as part of the investigation.
(3) HHSC notifies the reporter and the facility of
the results of the HHSC investigation of a reported case of abuse
or neglect, whether HHSC concludes that abuse or neglect occurred
or did not occur.
(b) Immunity. A person who reports suspected instances
of abuse or neglect, in the absence of bad faith or malicious conduct,
is immune from civil or criminal liability which might have otherwise
resulted from making the report. Such immunity extends to participation
in any judicial proceeding resulting from the report.
(c) Privileged communications. In a proceeding regarding
a report or investigation conducted under this subchapter, evidence
must not be excluded on a claim of privileged communication except
in the case of a communication between an attorney and a client.
(d) Central registry. HHSC maintains a central registry
of reported cases of abuse and neglect at the central office in Austin.
(e) Releasing Public Records.
(1) As further described in this section, Texas Government
Code, Chapter 552, governs procedures for inspection of public records.
(2) Long-term Care Regulation, Regulatory Services
Division is responsible for the maintenance and release of records
on licensed facilities, and other related records.
(3) The application for inspection of public records
is subject to the following criteria.
(A) The application must be made to Long-term Care
Regulation, Regulatory Services Division, P.O. Box 149030 (E-349),
Austin, Texas 78714-9030.
(B) The requestor must identify himself or herself.
(C) The requestor must give reasonable prior notice
of the time for inspection and copying of records.
(D) The requestor must specify the records requested.
(E) On written applications, if HHSC is unable to ascertain
the records being requested, HHSC may return the written application
to the requestor for further specificity.
(F) HHSC provides the requested records as soon as
possible. However, if the records are in active use, or in storage,
or time is needed for proper deidentification or preparation of the
records for inspection, HHSC so advises the requestor and sets an
hour and date within a reasonable time for records to be available.
(4) Original records may be inspected or copied, but
in no instance will original records be removed from HHSC offices.
(5) Records maintained by HHSC are open to the public,
except to the extent a record is made confidential by law or otherwise
exempted from disclosure under Texas Government Code, Chapter 552.
Without limitation:
(A) incomplete reports, audits, evaluations, and investigations
made of, for, or by HHSC are confidential;
(B) reports of abuse and neglect are confidential;
(C) all names and related personal, medical, or other
identifying information about a resident are confidential;
(D) information about any identifiable person that
is defamatory, or an invasion of privacy is confidential;
(E) information identifying complainants or informants
is confidential;
(F) itineraries of surveys and inspections are confidential;
and
(G) to implement this subsection, HHSC may not alter
or deidentify original records. Instead, HHSC makes available for
public review or release only a properly deidentified copy of the
original record.
(6) Charging for copies of records must be in accordance
with the following criteria.
(A) To inspect records without requesting copies, the
requestor must specify the records to be inspected and HHSC does not
charge for this service, except where HHSC determines that a charge
is appropriate based on the nature of the request.
(B) If the requestor wants to request copies of a record,
the requestor will specify in writing the records to be copied, and
HHSC notifies the requestor of the cost of the records, which the
requestor must pay in advance. Checks and other instruments of payment
must be made payable to the Texas Health and Human Services Commission.
(C) Any expenses for standard-size copies incurred
in the reproduction, preparation, or retrieval of records must be
borne by the requestor on a cost basis in accordance with costs established
by the Office of the Attorney General in 1 TAC Chapter 70 (relating
to Costs of Copies of Public Information) or, where permitted by those
rules, by HHSC for office machine copies.
(D) For documents that are mailed, HHSC charges for
the postage at the time it charges for the reproduction and adds applicable
sales taxes to the cost of copying records.
(7) HHSC makes a reasonable effort to furnish records
promptly and will extend to the requestor all reasonable comfort and
facility for the full exercise of the rights granted by Texas Government
Code, Chapter 552.
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