(a) In order to preserve the integrity of the Texas Health and Human Services Commission's (HHSC's) inspection and investigation process, a limited services rural hospital (LSRH):
  (1) shall not record, listen to, or eavesdrop on any HHSC interview with LSRH staff or patients that the LSRH staff knows HHSC intends to keep confidential as evidenced by HHSC taking reasonable measures to prevent from being overheard; or
  (2) shall not record, listen to, or eavesdrop on any HHSC internal discussions outside the presence of LSRH staff when HHSC has requested a private room or office or distanced themselves from LSRH staff and the LSRH obtains HHSC written approval before beginning to record or listen to the discussion.
(b) An LSRH shall inform HHSC when security cameras or other existing recording devices in the LSRH are in operation during any internal discussion by or among HHSC staff.
(c) When HHSC permits facility staff by words or actions to be present, an interview or conversation for which facility staff are present does not constitute a violation of this rule.
(d) This section does not prohibit an individual from recording an HHSC interview with the individual.

Source Note: The provisions of this §511.111 adopted to be effective October 5, 2023, 48 TexReg 5668