Tex. Human Resources Code Section 48.101
Confidentiality and Disclosure of Information; Agency Exchange of Information


(a)

The following information is confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code:

(1)

a report of abuse, neglect, or exploitation made under this chapter;

(2)

the identity of the person making the report; and

(3)

except as provided by this section, all files, reports, records, communications, and working papers used or developed in an investigation made under this chapter or in providing services as a result of an investigation.

(b)

Confidential information may be disclosed only for a purpose consistent with this chapter and as provided by department or investigating state agency rule and applicable federal law.

(c)

A court may order disclosure of confidential information only if:

(1)

a motion is filed with the court requesting release of the information and a hearing on that request;

(2)

notice of that hearing is served on the department or investigating state agency and each interested party; and

(3)

the court determines after the hearing and an in camera review of the information that disclosure is essential to the administration of justice and will not endanger the life or safety of any individual who:

(A)

is the subject of a report of abuse, neglect, or exploitation;

(B)

makes a report of abuse, neglect, or exploitation; or

(C)

participates in an investigation of reported abuse, neglect, or exploitation.

(d)

The executive commissioner shall adopt rules providing for the release, on request, to a person who is the subject of a report of abuse, neglect, or exploitation or to that person’s legal representative of otherwise confidential information relating to that report. The department or investigating state agency shall edit the information before release to protect the confidentiality of information relating to the reporter’s identity and to protect any other individual whose safety or welfare may be endangered by disclosure.

(d-1)

Subject to Subsection (e-1), the executive commissioner shall adopt rules providing for the release, on request, by the department or investigating state agency of otherwise confidential information relating to a person who is the subject of a report or investigation of abuse, neglect, or exploitation or to whom the department has provided protective services, to:

(1)

a court that has a matter pending before it that involves the person;

(2)

the attorney ad litem or any other legal representative, other than a guardian, appointed for the person; and

(3)

the person’s legal guardian.

(e)

The executive commissioner may adopt rules relating to the release of information by the department or investigating state agency that is contained in the record of a deceased individual who was the subject of an investigation conducted by the department or investigating state agency or to whom the department has provided protective services. The rules must be consistent with the purposes of this chapter and any applicable state or federal law. The executive commissioner shall adopt rules, subject to Subsection (e-1), that provide for the release, on request, of otherwise confidential information in the deceased person’s record to the personal representative appointed for the person’s estate.

(e-1)

Information released by the department or an investigating state agency under Subsection (d-1) or to a personal representative under Subsection (e) may not include the identity of the person who made the report of abuse, neglect, or exploitation.

(f)

The department or investigating state agency may establish procedures to exchange with another state agency or governmental entity information that is necessary for the department, state agency, or entity to properly execute its respective duties and responsibilities to provide services to elderly persons or persons with disabilities under this chapter or other law. An exchange of information under this subsection does not affect whether the information is subject to disclosure under Chapter 552 (Public Information), Government Code.

(g)

The department may establish procedures to exchange with a community service provider or local governmental entity confidential information relating to a report made under Section 48.051(a) that is necessary for the department, provider, or entity to provide protective services, health care services, housing services, or social services to the person who is the subject of the report. An exchange of information under this subsection does not affect whether the information is subject to disclosure under Chapter 552 (Public Information), Government Code.

(g-1)

The executive commissioner by rule shall provide policies and procedures that are designed to guard against the unauthorized release or dissemination of confidential information that is exchanged under Subsection (g).
Added by Acts 1995, 74th Leg., ch. 303, Sec. 14, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 58, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 907, Sec. 10, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.09, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.261, eff. April 2, 2015.

Source: Section 48.101 — Confidentiality and Disclosure of Information; Agency Exchange of Information, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­48.­htm#48.­101 (accessed Mar. 23, 2024).

48.001
Purpose
48.002
Definitions
48.003
Investigations in Nursing Facilities, Assisted Living Facilities, and Similar Facilities
48.004
Risk Assessment
48.005
Maintenance of Records
48.006
Community Satisfaction Survey
48.007
Memorandum of Understanding Regarding Certain Abuse, Neglect, or Exploitation Investigations
48.0021
Reference to Commission or Executive Commissioner
48.051
Report
48.052
Failure to Report
48.053
False Report
48.054
Immunity
48.101
Confidentiality and Disclosure of Information
48.102
Reports of Investigations in Schools
48.103
Notification of Licensing or Contracting Agency
48.151
Action on Report
48.152
Investigation
48.153
Access to Investigation
48.154
Access to Records or Documents
48.155
Interference with Investigation or Services Prohibited
48.156
Agency Reports
48.159
Internal Review of Department Investigation
48.201
Application of Subchapter
48.202
Service Determination by Department or Agency
48.203
Voluntary Protective Services
48.204
Agency Powers
48.205
Provision of Services
48.206
Cost of Services
48.207
Objection to Medical Treatment
48.208
Emergency Order for Protective Services
48.209
Referral for Guardianship Services
48.210
Representation
48.211
Report to Guardianship Court
48.251
Definitions
48.252
Investigation of Reports of Abuse, Neglect, or Exploitation by Provider
48.253
Action on Report
48.254
Forwarding of Certain Reports
48.255
Rules for Investigations Under This Subchapter
48.256
Sharing Provider Information
48.257
Retaliation Prohibited
48.258
Tracking System for Reports and Investigations
48.301
Investigation of Reports in Other State Facilities
48.302
Approval of Rules
48.303
Memorandum of Understanding
48.304
Statistics
48.401
Definitions
48.402
Rules Relating to Reportable Conduct
48.403
Finding
48.404
Notice of Finding
48.405
Hearing
48.406
Notice
48.407
Informal Proceedings
48.408
Information for the Employee Misconduct Registry
48.1521
Investigation of Complex Cases
48.1522
Reports of Criminal Conduct to Law Enforcement Agency
48.1523
Management Review Following Certain Investigations
48.2535
Forwarding Certain Reports of Criminal Conduct to Law Enforcement

Accessed:
Mar. 23, 2024

§ 48.101’s source at texas​.gov