SECTION 357.25. Records and Confidential Information

(a) Record Maintenance. The official record of the hearing includes the exhibits offered to the hearings officer, the exhibits admitted, the recording of the hearing, any briefs or memoranda filed in connection with the hearing, the hearings officer's decision, and any items filed in connection with administrative review and the decision on administrative review.

(b) Hearing Record Retention. The official record of a hearing is retained by the HHSC Appeals Division according to the HHSC Records/Retention Schedule.

(c) Public Access.

(1) HHSC Appeals Division records and decisions are available for public inspection and copying, but are also subject to federal and state rules and statutes regarding confidentiality.

(2) Names, addresses, and other identifying information about household members and other individuals who provide information about the household, medical information, and the status of pending criminal prosecutions are confidential.

(3) An appellant or authorized representative may record the hearing or request a copy of the recording, at no cost, from the hearings officer.

(4) All other public access to hearings records and decisions is subject to the Texas Public Information Act.

(5) The agency will redact all confidential information from the hearings decision and make the decision available to the public, without cost, within 30 days of the date of the hearing decision in Texas Health Step appeals.

(d) Confidential Information. Confidential information that can not be shared with hearing participants may not be considered by the hearings officer.

(e) Privileged Communication. No party to a fair hearing is required to disclose at the hearing information that is privileged from discovery by federal or state law, including communications between a lawyer and an appellant, a husband and a wife, a member of the clergy and a person seeking spiritual advice, or the name of an informant whose identity is protected from compelled disclosure.

Source Note: The provisions of this §357.25 adopted to be effective June 29, 2009, 34 TexReg 4292