The commission may use or publish information only to advance statewide practices for people with intellectual or developmental disabilities, and several review-related records and identities must remain confidential.
Sec. 546.0705. USE AND PUBLICATION RESTRICTIONS; CONFIDENTIALITY. (a) The commission may use or publish information under this subchapter only to advance statewide practices regarding the treatment and care of individuals with an intellectual or developmental disability. A summary of the data in the contracted organization's reports or a statistical compilation of data reports may be released by the commission for general publication if the summary or statistical compilation does not contain any information that would permit the identification of an individual or that is confidential or privileged under this subchapter or other state or federal law. (b) Information and records acquired by the contracted organization in the exercise of the organization's duties under this subchapter: (1) are confidential and exempt from disclosure under Chapter 552; and (2) may be disclosed only as necessary to carry out the organization's duties. (c) The identity of: (1) an individual whose death was reviewed in accordance with this subchapter is confidential and may not be revealed; and (2) a health care provider or the name of a facility or agency that provided services to or was the residence of an individual whose death was reviewed in accordance with this subchapter is confidential and may not be revealed. (d) Reports, information, statements, memoranda, and other information furnished under this subchapter to the contracted organization and any findings or conclusions resulting from a review by the organization are privileged. (e) A contracted organization's report of the findings of the independent mortality review conducted under this subchapter and any records the organization develops relating to the review: (1) are confidential and privileged; (2) are not subject to discovery or subpoena; and (3) may not be introduced into evidence in any civil, criminal, or administrative proceeding. (f) A member of the contracted organization's review team may not testify or be required to testify in a civil, criminal, or administrative proceeding as to observations, factual findings, or conclusions that were made in conducting a review under this subchapter. Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.