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 §19.1910(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 §19.1701 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 §19.413 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.

Source Note: The provisions of this §554.407 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871