The resident has the right to personal privacy and confidentiality
of the resident's personal and clinical records.
(1) Personal privacy includes accommodations, medical
treatment, written and telephone communications, personal care, visits,
and meetings of family and resident groups, but this does not require
the facility to provide a private room for each resident.
(2) Except as provided in paragraph (3)(B) of this
section, the resident may approve or refuse the release of personal
and clinical records to any individual outside of the facility.
(3) The resident's right to refuse release of personal
and clinical records does not apply:
(A) when the resident is transferred to another health
(B) when the record release is required by law or permitted
under §19.1910(d) of this chapter (relating to Clinical Records);
(C) during surveys.
(4) The facility must ensure the resident's right to
privacy in the following areas:
(A) accommodations as described in §19.1701 of
this chapter (relating to Physical Environment);
(B) medical treatment, including during examinations,
treatment, case discussions, and consultations;
(C) personal care;
(D) access and visitation as described in §19.413
of this subchapter (relating to Access and Visitation Rights); and
(E) meetings with family and resident groups.
(5) Governmental searches are permitted only if there
exists probable cause to believe an illegal substance or activity
is being concealed. Administrative searches by the appropriate entity,
such as the fire inspector, are allowed only for limited purposes,
but such searches would not ordinarily extend to the resident's personal
belongings. HHSC and the nursing facility must provide for and allow
residents their individual freedoms. State statutes authorize inspections
of the nursing facility but do not authorize inspection of those areas
in which an individual has a reasonable expectation of privacy. Any
direct participation by HHSC personnel in an inspection of "the contents
of residents' personal drawers and possessions," is in violation of
federal and state law; and
(6) All information that contains personal identification
or descriptions which would uniquely identify an individual resident
is considered to be personal and private and will be kept confidential.
|Source Note: The provisions of this §554.407 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871