Section 301.329 - Medical Records System(a) Maintenance of medical records. The LMHA, MCO, and the provider must ensure: (1) protection against unauthorized access, disclosure, modification or destruction of medical records, whether accidental or deliberate;(2) the availability, integrity, utility, authenticity, and confidentiality of information within the medical record;(3) a current, organized, legible, and comprehensive records system that: (A) conforms to good professional practice;(B) permits effective clinical review and audit; and(C) facilitates prompt and systematic retrieval of information;(4) a medical records system with sufficient redundancy to ensure access to individual records; and(5) compliance with applicable federal and state laws, rules, and regulations, including HIPAA, 42 CFR Part 2, and the requirements described in Chapter 414, Subchapter A of Title 25 (relating to Protected Health Information).(b) Disaster recovery plan. The LMHA, MCO, and the provider must maintain a written disaster recovery plan for information resources that will ensure service continuity.26 Tex. Admin. Code § 301.329
Adopted to be effective April 29, 2009, 34 TexReg 2603; Transferred from Title 25, § 412.315 by Texas Register, Volume 45, Number 08, February 21, 2020, TexReg 1237, eff. 3/15/2020