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All reports, records, communications, and working papers used
or developed by the Texas Health and Human Services Commission (HHSC)
in an investigation are confidential and may be released only as provided
in this section.
(1)The final written investigation report on cases
may be furnished to the district attorney and appropriate law enforcement
agencies if the investigation reveals abuse that is a criminal offense.
HHSC may provide to another state agency or governmental entity information
that is necessary for HHSC, state agency, or entity to properly execute
its duties and responsibilities to provide services to a person with
a disability or the elderly.
(2)The final written investigation report may be released
to the public upon request provided the report is de-identified to
remove all names and other personally identifiable data, including
any information from witnesses and other person furnished to HHSC
as part of the investigation.
(3)The reporter and the individualized skills and
socialization provider will be notified of the results of HHSC's investigation
of a reported case of abuse, neglect, or exploitation, whether HHSC
concluded that abuse, neglect, or exploitation occurred or did not
occur.
(4)Upon written request of the person who is the subject
of the report of abuse, neglect, or exploitation or his or her legal
representative, HHSC releases to the person or his or her legal representative
otherwise confidential information relating to the final report. The
request must specify the information desired and be signed and dated
by the person or his or her legal representative. The legal representative
of a deceased person may make a written request for this information.
The legal representative of a deceased person must also specify the
reason the information is requested. Any legal representative must
include with the request sufficient documentation to establish his
or her authority. HHSC edits the information before release to protect
the confidentiality of information related to the reporter's identify
and to protect any other person whose safety or welfare may be endangered
by disclosure.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on July 28, 2022
TRD-202202838 Karen Ray
Chief
Counsel
Health and Human Services Commission
Earliest possible date of adoption: September 11, 2022
For further information, please call: (512) 438-3161
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