SECTION 551.323. Procedures for Inspection of Public Records

(a) Procedures for inspection of public records will be in accordance with the Texas Government Code, Chapter 552 (relating to Public Information), and as further described in this section.

(b) The Texas Health and Human Services Commission (HHSC) is responsible for the maintenance and release of records on licensed facilities, and other related records.

(c) The application for inspection of public records is subject to the following criteria:

(1) the application must be made to the HHSC Open Records Coordinator, by mail at 4900 N. Lamar Boulevard, MC-1070, Austin, TX 78751-2316, by fax [phone], or email at [e-mail];

(2) the requestor must identify himself;

(3) the requestor must give reasonable prior notice of the time for inspection or copying of records;

(4) the requestor must specify the records requested;

(5) on a written application, if HHSC is unable to ascertain the records being requested, HHSC may return the written application to the requestor for clarification. HHSC will provide the requested records as soon as possible; however, if the records are in active use, or in storage, or time is needed for proper de-identification or preparation of the records for inspection, HHSC will so advise the requestor and set an hour and date within a reasonable time when the records will be available.

(d) Original records may be inspected or copied, but in no instance will original records be removed from HHSC offices.

(e) Records maintained by HHSC are open to the public, with the following exceptions.

(1) Incomplete reports, audits, evaluations, and investigations made of, for, or by HHSC are confidential.

(2) All reports, records, and working papers used or developed by HHSC in an investigation of reports of abuse and neglect are confidential, and may be released to the public only as follows.

(A) Completed written investigation reports are open to the public, provided the report is de-identified. The process of de-identification means removing all names and other personally identifiable data, including any information from witnesses and others furnished to HHSC as part of the investigation.

(B) If HHSC receives written authorization from a facility resident or the resident's legal representative regarding an investigation of abuse or neglect involving that resident, HHSC will release the completed investigation report without removing the resident's name. The authorization must:

(i) be signed and dated within six months of the request or state a length of time the authorization is valid;

(ii) detail the information to be released;

(iii) identify to whom the information can be released; and

(iv) release HHSC from all liability for complying with the authorization.

(3) All names and related personal, medical, or other identifying information about a resident are confidential.

(4) Information about any identifiable person which is defamatory or an invasion of privacy is confidential.

(5) Information identifying complainants or informants is confidential.

(6) Itineraries of surveys and inspections are confidential.

(7) Other information that is excepted from release by the Government Code, Chapter 552 (relating to Public Information), is not available to the public.

(8) To implement this subsection, HHSC may not alter or de-identify original records. Instead, HHSC will make available for public review or release only a properly de-identified copy of the original record.

(f) HHSC will charge for copies of records upon request.

(1) If the requestor wants to inspect records, the requestor will specify the records to be inspected. HHSC will make no charge for this service, unless HHSC determines a charge is appropriate based on the nature of the request.

(2) If the requestor wants copies of a record, the requestor will specify in writing the records to be copied on an appropriate HHSC form, and HHSC will complete the form by specifying the charge for the records, which the requestor must pay in advance. Checks and other instruments of payment must be made payable to HHSC.

(3) Any expenses for standard-size copies incurred in the reproduction, preparation, or retrieval of records must be borne by the requestor on a cost basis in accordance with costs established by the Office of the Attorney General or HHSC for office machine copies.

(4) For documents that are mailed, HHSC will charge for the postage at the time it charges for the production. All applicable sales taxes will be added to the cost of copying records.

(5) When a request involves more than one long-term care facility, each facility will be considered a separate request.

Source Note: The provisions of this §551.323 adopted to be effective July 1, 1996, 21 TexReg 5328; amended to be effective May 1, 1998, 23 TexReg 4060; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787