SECTION 351.23. Review of Requests for Correction of Personal Information

(a) The Health and Human Services Commission (HHSC) will decide whether information collected about an individual should be corrected. HHSC will notify the individual of the decision in writing within 60 days of the receipt of the request for correction. HHSC may extend this period for an additional 30 days. The HHSC will notify the individual of the extension in writing.

(b) Records may not be destroyed or altered to make a correction. HHSC will add the correct information to the record with the incorrect information and make a notation that the correct information supercedes the incorrect information.

(c) HHSC will not review information as provided in this chapter if HHSC previously reviewed the information to determine its accuracy under a different review process. Examples of other review processes include personnel grievance hearings, client fair hearings, formal appeals, informal dispute resolution, and informal reconsideration.

(d) If HHSC receives a request for correction from a person other than the individual who is the subject of the information, HHSC will not correct the information unless the subject of the information agrees the earlier information is incorrect or HHSC can independently determine the information is incorrect.

Source Note: The provisions of this §351.23 adopted to be effective October 6, 2002, 27 TexReg 9307