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Revision 25-2; Effective April 25, 2025
Grantees must have an organized and secure client record system. The grantee must make sure records are organized, readily accessible and available to the client upon request with a signed release of information. Records must be kept confidential and secure as follows:
- safeguarded against loss or use by unauthorized people;
- secured by lock when not in use and inaccessible to unauthorized people; and
- maintained in a secure environment in the facility and during transfer between clinics and between home and office visits.
The person’s written consent is required to release personally identifiable information, except as may be necessary to provide services to the person, or as required by law, with appropriate safeguards for confidentiality. If the person is a minor, the minor’s parent, managing conservator or guardian must authorize the release per Chapter 32 of the Texas Family Code, federal law or regulations. Emancipated or married minors authorize the release of their own information. HIV information should be handled per state and federal code. Refer to the HHS Law, Rules, and Authorization webpage.
Grantees must release only the specific information requested when information is requested. Information collected for reporting purposes may be disclosed only in summary, statistical or other forms that do not identify individuals. People transferring to other providers must be provided with a copy or summary of their record upon request to ensure continuity of care. Electronic records are acceptable as medical records.
Grantees and sub-grantees must maintain all records of client services, contracts and payments for the time specified by HHSC.
Requirements are in Texas Administrative Code Title 1, Part 15, Section 354.1003, Time Limits for Submitted Claims, Section 354.1004, Retention of Records and in Title 22, Part 9, Chapter 163, Medical Records. Grantees must follow contract provisions, maintain medical records for at least seven years after the contract closes and follow the retention standards of the relevant licensing entity. All records about services must be accessible for examination at any reasonable time to representatives of HHSC and as required by law.