(a) Retention of Records. The retention of client records must comply with the following.
  (1) Client records must be retained for five years after the client's services end.
  (2) A facility must safeguard a client's records against loss, destruction, or unauthorized use.
  (3) A facility must keep confidential all information contained in a client's records, except when release is:
    (A) required by law or this chapter;
    (B) to the client or client representative, where permitted by applicable law;
    (C) for treatment, payment, or health care operations, as permitted by and in compliance with applicable law; or
    (D) for public health activities, reporting of abuse, neglect, or domestic violence, health oversight activities, judicial and administrative proceedings, law enforcement purposes, organ donation purposes, research purposes, or to coroners, medical examiners, funeral directors, or to avert a serious threat to health or safety as permitted by and in compliance with applicable law.
(b) Destruction of Records. When client records are destroyed after the retention period, the facility must shred or incinerate the records in a manner that protects confidentiality. At the time of destruction, the facility must document for each record destroyed:
  (1) client name;
  (2) client record number, if used;
  (3) the client's social security number and date of birth, if available; and
  (4) date and signature of the person carrying out disposal.
(c) Client Access to Records. The client or the client's representative has the right to:
  (1) upon an oral or written request to the facility, view all records pertaining to the client, within 24 hours (excluding weekends and holidays); and
  (2) obtain hard copies of all or any portion of the records upon request within 48 hours (excluding weekends and holidays).
(d) Right of Refusal. A client does not have the right to refuse release of the client's records:
  (1) when the client is transferred to another health care institution;
  (2) when the record release is required by law or permitted by this chapter; or
  (3) during surveys.

Source Note: The provisions of this §559.75 adopted to be effective July 10, 2024, 49 TexReg 4909