Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
Subchapter D - STANDARDS FOR LICENSURE
Section 559.75 - Client Records
Universal Citation: 26 TX Admin Code § 559.75
Current through Reg. 49, No. 52; December 27, 2024
(a) Retention of Records. The retention of client records must comply with the following.
(1) Client records must be retained for five
years after the client's services end.
(2) A facility must safeguard a client's
records against loss, destruction, or unauthorized use.
(3) A facility must keep confidential all
information contained in a client's records, except when release is:
(A) required by law or this
chapter;
(B) to the client or
client representative, where permitted by applicable law;
(C) for treatment, payment, or health care
operations, as permitted by and in compliance with applicable law; or
(D) for public health activities, reporting
of abuse, neglect, or domestic violence, health oversight activities, judicial
and administrative proceedings, law enforcement purposes, organ donation
purposes, research purposes, or to coroners, medical examiners, funeral
directors, or to avert a serious threat to health or safety as permitted by and
in compliance with applicable law.
(b) Destruction of Records. When client records are destroyed after the retention period, the facility must shred or incinerate the records in a manner that protects confidentiality. At the time of destruction, the facility must document for each record destroyed:
(1) client name;
(2) client record number, if used;
(3) the client's social security number and
date of birth, if available; and
(4) date and signature of the person carrying
out disposal.
(c) Client Access to Records. The client or the client's representative has the right to:
(1) upon an oral or written request to the
facility, view all records pertaining to the client, within 24 hours (excluding
weekends and holidays); and
(2)
obtain hard copies of all or any portion of the records upon request within 48
hours (excluding weekends and holidays).
(d) Right of Refusal. A client does not have the right to refuse release of the client's records:
(1) when the client is transferred to another
health care institution;
(2) when
the record release is required by law or permitted by this chapter;
or
(3) during surveys.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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