SECTION 553.335. Confidentiality and Release of Information

(a) Confidentiality. All reports, records, and working papers used or developed by HHSC in an investigation are confidential and may be released only as provided in this subsection.

(1) Completed written investigation reports on cases concluded to be abuse or neglect must be furnished to the district attorney and appropriate law enforcement agency. HHSC also may release these reports to any other public agency HHSC deems appropriate to the investigation.

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

(3) HHSC notifies the reporter and the facility of the results of the HHSC investigation of a reported case of abuse or neglect, whether HHSC concludes that abuse or neglect occurred or did not occur.

(b) Immunity. A person who reports suspected instances of abuse or neglect, in the absence of bad faith or malicious conduct, is immune from civil or criminal liability which might have otherwise resulted from making the report. Such immunity extends to participation in any judicial proceeding resulting from the report.

(c) Privileged communications. In a proceeding regarding a report or investigation conducted under this subchapter, evidence must not be excluded on a claim of privileged communication except in the case of a communication between an attorney and a client.

(d) Central registry. HHSC maintains a central registry of reported cases of abuse and neglect at the central office in Austin.

(e) Releasing Public Records.

(1) As further described in this section, Texas Government Code, Chapter 552, governs procedures for inspection of public records.

(2) Long-term Care Regulation, Regulatory Services Division is responsible for the maintenance and release of records on licensed facilities, and other related records.

(3) The application for inspection of public records is subject to the following criteria.

(A) The application must be made to Long-term Care Regulation, Regulatory Services Division, P.O. Box 149030 (E-349), Austin, Texas 78714-9030.

(B) The requestor must identify himself or herself.

(C) The requestor must give reasonable prior notice of the time for inspection and copying of records.

(D) The requestor must specify the records requested.

(E) On written applications, if HHSC is unable to ascertain the records being requested, HHSC may return the written application to the requestor for further specificity.

(F) HHSC provides the requested records as soon as possible. However, if the records are in active use, or in storage, or time is needed for proper deidentification or preparation of the records for inspection, HHSC so advises the requestor and sets an hour and date within a reasonable time for records to be available.

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

(5) Records maintained by HHSC are open to the public, except to the extent a record is made confidential by law or otherwise exempted from disclosure under Texas Government Code, Chapter 552. Without limitation:

(A) incomplete reports, audits, evaluations, and investigations made of, for, or by HHSC are confidential;

(B) reports of abuse and neglect are confidential;

(C) all names and related personal, medical, or other identifying information about a resident are confidential;

(D) information about any identifiable person that is defamatory, or an invasion of privacy is confidential;

(E) information identifying complainants or informants is confidential;

(F) itineraries of surveys and inspections are confidential; and

(G) to implement this subsection, HHSC may not alter or deidentify original records. Instead, HHSC makes available for public review or release only a properly deidentified copy of the original record.

(6) Charging for copies of records must be in accordance with the following criteria.

(A) To inspect records without requesting copies, the requestor must specify the records to be inspected and HHSC does not charge for this service, except where HHSC determines that a charge is appropriate based on the nature of the request.

(B) If the requestor wants to request copies of a record, the requestor will specify in writing the records to be copied, and HHSC notifies the requestor of the cost of the records, which the requestor must pay in advance. Checks and other instruments of payment must be made payable to the Texas Health and Human Services Commission.

(C) 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 in 1 TAC Chapter 70 (relating to Costs of Copies of Public Information) or, where permitted by those rules, by HHSC for office machine copies.

(D) For documents that are mailed, HHSC charges for the postage at the time it charges for the reproduction and adds applicable sales taxes to the cost of copying records.

(7) HHSC makes a reasonable effort to furnish records promptly and will extend to the requestor all reasonable comfort and facility for the full exercise of the rights granted by Texas Government Code, Chapter 552.

Source Note: The provisions of this §553.335 adopted to be effective August 31, 2021, 46 TexReg 5017