Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
Subchapter E - RESIDENT RIGHTS
Section 554.407 - Privacy and Confidentiality
Current through Reg. 49, No. 38; September 20, 2024
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:
(4) The facility must ensure the resident's right to privacy in the following areas:
(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.
