(a) Procedures for inspection of public records are in accordance with Texas Government Code, Chapter 552, and as further described in this section.
(b) The HHSC Regulatory Services Division is responsible for the maintenance and release of records on licensed facilities and other related records.
(c) The application for inspection of public records is subject to the following criteria.
  (1) The application must be made to Regulatory Services, Texas Health and Human Services Commission, Mail Code E-349, P.O. Box 149030, Austin, Texas 78714-9030.
  (2) The requester must identify himself or herself.
  (3) The requester must specify the records requested.
  (4) On written applications, if HHSC is unable to ascertain what records are being requested, HHSC may return the written application to the requester for clarification.
  (5) HHSC provides the requested records as soon as possible; however, if the records are in active use, or in storage, or time is needed for proper de-identification or preparation of the records for inspection, HHSC so advises the requester and sets an hour and date within a reasonable time when the records will be available.
(d) Original records may be inspected or copied, but in no instance will original records be removed from HHSC offices.
(e) HHSC Regulatory Services charges for copies of records requested.
  (1) If the requester wants to inspect records without requesting copies, the requester specifies the records to be inspected. HHSC does not charge this service, unless the director of HHSC Regulatory Services determines a charge is appropriate based on the nature of the request.
  (2) If the requester wants copies of a record, the requester specifies in writing the records to be copied on an appropriate HHSC form, and HHSC completes the form by specifying the cost of the records, which the requester must pay in advance. Checks and other instruments of payment must be made payable to the Texas Health and Human Services Commission.
  (3) Any expenses for standard-size copies incurred in the reproduction, preparation, or retrieval of records must be borne by the requester on a cost basis in accordance with costs established by the Office of the Attorney General or HHSC for office machine copies. All applicable sales taxes are added to the cost of copying records.
  (4) For documents that are mailed, HHSC charges for postage at the time it charges for the production.
  (5) When a request involves information pertaining to multiple facilities, HHSC may consider each facility's information a separate request.

Source Note: The provisions of this §559.87 adopted to be effective July 10, 2024, 49 TexReg 4909