Current through Reg. 50, No. 13; March 28, 2025
(a) Procedures for inspection of public
records will be in accordance with the Texas Government Code, Chapter 552
(relating to Public Information), and as further described in this
section.
(b) The Texas Health and
Human Services Commission (HHSC) 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 the HHSC
Open Records Coordinator, by mail at 4900 N. Lamar Boulevard, MC-1070, Austin,
TX 78751-2316, by fax 512-424-6586, or email at
openrecordsrequest@hhsc.state.tx.us;
(2) the requestor must identify
himself;
(3) the requestor must
give reasonable prior notice of the time for inspection or copying of
records;
(4) the requestor must
specify the records requested;
(5)
on a written application, if HHSC is unable to ascertain the records being
requested, HHSC may return the written application to the requestor for
clarification.
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 requestor 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 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 an investigation of reports of abuse and neglect
are confidential, and may be released to the public only as follows.
(A) Completed written investigation reports
are open to the public, provided the report is de-identified. The process of
de-identification means removing all names and other personally identifiable
data, including any information from witnesses and others furnished to HHSC as
part of the investigation.
(B) If
HHSC receives written authorization from a facility resident or the resident's
legal representative regarding an investigation of abuse or neglect involving
that resident, HHSC will release the completed investigation report without
removing the resident's name. The authorization must:
(i) be signed and dated within six months of
the request or state a length of time the authorization is valid;
(ii) detail the information to be
released;
(iii) identify to whom
the information can be released; and
(iv) release HHSC from all liability for
complying with the authorization.
(3) All names and related personal, medical,
or other identifying information about a resident are confidential.
(4) Information about any identifiable person
which is defamatory or an invasion of privacy is confidential.
(5) Information identifying complainants or
informants is confidential.
(6)
Itineraries of surveys and inspections are confidential.
(7) Other information that is excepted from
release by the Government Code, Chapter 552 (relating to Public Information),
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 requestor wants to
inspect records, the requestor 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 requestor wants copies of a
record, the requestor will specify in writing the records to be copied on an
appropriate HHSC form, and HHSC will complete the form by specifying the charge
for the records, which the requestor must pay in advance. Checks and other
instruments of payment must be made payable to HHSC.
(3) 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 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.
