| (a) Procedures for inspection of public records will
be in accordance with the Texas Government Code, Chapter 552, and
as further described in this section.
(b) The Texas Health and Human Services Commission
(HHSC) Regulatory Services Division is responsible for the maintenance
and release of records on licensed facilities, and other related records.
(c) The application for inspection of public records
is subject to the following criteria.
(1) The application must be made to HHSC Long-term
Care Regulation, Regulatory Services Division, Mail Code E-349, P.O.
Box 149030, Austin, Texas 78714-9030;
(2) The requester must identify themselves.
(3) The requester must give reasonable prior notice
of the time for inspection or copying of records.
(4) The requester must specify the records requested.
(5) On written applications, if HHSC is unable to ascertain
the records being requested, HHSC may return the written application
to the requester for clarification.
(6) HHSC will provide the requested records as soon
as possible; however, if the records are in active use, or in storage,
or time is needed for proper de-identification or preparation of the
records for inspection, HHSC will so advise the requester and set
an hour and date within a reasonable time when the records will be
available.
(d) Original records may be inspected or copied, but
in no instance will original records be removed from HHSC offices.
(e) Records maintained by HHSC Regulatory Services
Division are open to the public, with the following exceptions.
(1) Incomplete reports, audits, evaluations, and investigations
made of, for, or by HHSC are confidential.
(2) All reports, records, and working papers used or
developed by HHSC in and investigation of reports of abuse and neglect
are confidential and may be released to the public as provided in §559.95
of this chapter (relating to confidentiality).
(3) All names and related personal, medical, or other
identifying information about an individual are confidential.
(4) Information about any identifiable person that
is defamatory or an invasion of privacy is confidential.
(5) Information identifying complainants or informants
is confidential.
(6) Itineraries of surveys are confidential.
(7) Other information that is excepted from release
by Texas Government Code, Chapter 552, is not available to the public.
(8) To implement this subsection, HHSC may not alter
or de-identify original records. Instead, HHSC will make available
for public review or release only a properly de-identified copy of
the original record.
(f) HHSC will charge for copies of records upon request.
(1) If the requester simply wants to inspect records,
the requester will specify the records to be inspected. HHSC will
make no charge for this service, unless HHSC determines a charge is
appropriate based on the nature of the request.
(2) If the requester wants copies of a record, the
requester will specify in writing the records to be copied on an appropriate
HHSC form, and HHSC will complete the form by specifying the cost
of the records, which the requester must pay in advance. Checks and
other instruments of payment must be made payable to the Texas Health
and Human Services Commission.
(3) Any expenses for standard-size copies incurred
in the reproduction, preparation, or retrieval of records must be
borne by the requester on a cost basis in accordance with costs established
by the Office of the Attorney General or HHSC for office machine copies.
(4) For documents that are mailed, HHSC will charge
for the postage at the time it charges for the production. All applicable
sales taxes will be added to the cost of copying records.
(5) When a request involves more than one long-term
care facility, each facility will be considered a separate request.
|
