SECTION 301.329. Medical Records System

(a) Maintenance of medical records. The LMHA, MCO, and the provider must ensure:

(1) protection against unauthorized access, disclosure, modification or destruction of medical records, whether accidental or deliberate;

(2) the availability, integrity, utility, authenticity, and confidentiality of information within the medical record;

(3) a current, organized, legible, and comprehensive records system that:

(A) conforms to good professional practice;

(B) permits effective clinical review and audit; and

(C) facilitates prompt and systematic retrieval of information;

(4) a medical records system with sufficient redundancy to ensure access to individual records; and

(5) compliance with applicable federal and state laws, rules, and regulations, including HIPAA, 42 CFR Part 2, and the requirements described in Chapter 414, Subchapter A of this title (relating to Protected Health Information).

(b) Disaster recovery plan. The LMHA, MCO, and the provider must maintain a written disaster recovery plan for information resources that will ensure service continuity.

Source Note: The provisions of this §301.329 adopted to be effective April 29, 2009, 34 TexReg 2603; transferred effective March 15, 2020, as published in the February 21, 2020 issue of the Texas Register, 45 TexReg 1237