After certain abuse, neglect, or exploitation findings, the department must notify the licensing agency and any contracting health and human services agency, and give them access to related investigation records; sharing those records does not waive confidentiality.
Sec. 48.103. NOTIFICATION OF LICENSING OR CONTRACTING AGENCY. (a) Except as otherwise provided by Subsection (c), on determining after an investigation that an elderly person or a person with a disability has been abused, exploited, or neglected by an employee of a home and community support services agency licensed under Chapter 142, Health and Safety Code, the department shall: (1) notify the state agency responsible for licensing the home and community support services agency of the department's determination; (2) notify any health and human services agency, as defined by Section 521.0001, Government Code, that contracts with the home and community support services agency for the delivery of health care services of the department's determination; and (3) provide to the licensing state agency and any contracting health and human services agency access to the department's records or documents relating to the department's investigation. (b) Providing access to a confidential record or document under this section does not constitute a waiver of confidentiality. (c) This section does not apply to an investigation of alleged or suspected abuse, neglect, or exploitation in which a provider, as defined by Section 48.251, is or may be alleged to have committed the abuse, neglect, or exploitation. An investigation described by this subsection is governed by Subchapter F. Added by Acts 1999, 76th Leg., ch. 276, Sec. 13, eff. Sept. 1, 1999. Renumbered from Sec. 48.0381 by Acts 2001, 77th Leg., ch. 75, Sec. 1, eff. May 14, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.263, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 5, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 13, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.94, eff. April 1, 2025. SUBCHAPTER D. INVESTIGATIONS BY ALL AGENCIES