26 Tex. Admin. Code § 554.407 - Privacy and Confidentiality
The resident has the right to personal privacy and confidentiality of the resident's personal and clinical records.
(1) Personal privacy includes accommodations,
medical treatment, written and telephone communications, personal care, visits,
and meetings of family and resident groups, but this does not require the
facility to provide a private room for each resident.
(2) Except as provided in paragraph (3)(B) of
this section, the resident may approve or refuse the release of personal and
clinical records to any individual outside of the facility.
(3) The resident's right to refuse release of
personal and clinical records does not apply:
(A) when the resident is transferred to
another health care institution;
(B) when the record release is required by
law or permitted under §
554.1910(d) of
this chapter (relating to Clinical Records); or
(C) during surveys.
(4) The facility must ensure the resident's
right to privacy in the following areas:
(A)
accommodations as described in §
554.1701 of this chapter (relating
to Physical Environment);
(B)
medical treatment, including during examinations, treatment, case discussions,
and consultations;
(C) personal
care;
(D) access and visitation as
described in §
554.413 of this subchapter
(relating to Access and Visitation Rights); and
(E) meetings with family and resident
groups.
(5) Governmental
searches are permitted only if there exists probable cause to believe an
illegal substance or activity is being concealed. Administrative searches by
the appropriate entity, such as the fire inspector, are allowed only for
limited purposes, but such searches would not ordinarily extend to the
resident's personal belongings. HHSC and the nursing facility must provide for
and allow residents their individual freedoms. State statutes authorize
inspections of the nursing facility but do not authorize inspection of those
areas in which an individual has a reasonable expectation of privacy. Any
direct participation by HHSC personnel in an inspection of "the contents of
residents' personal drawers and possessions," is in violation of federal and
state law; and
(6) All information
that contains personal identification or descriptions which would uniquely
identify an individual resident is considered to be personal and private and
will be kept confidential.
Notes
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