ACCESS TO CRIMINAL HISTORY RECORD INFORMATION; AGENCIES ADMINISTERING OR OPERATING MEDICAL ASSISTANCE AND OTHER PUBLIC BENEFITS PROGRAMS.
Tex. GOV'T Code § 411.1143.
in effect(a) The Health and Human Services Commission, an agency operating part of a public benefits program, including the medical assistance program under Chapter 32 , Human Resources Code, or the office of inspector general established under Subchapter C , Chapter 544 , of this code, is entitled to obtain criminal history record information as provided by Subsection (a-2) that relates to a provider under a public benefits program administered by the commission or a person applying to enroll as a provider under a public benefits program administered by the commission.
(a-1) Criminal history record information the Health and Human Services Commission or the office of inspector general is authorized to obtain under Subsection (a) includes criminal history record information relating to:
(1) a person that:
(A) has a direct or indirect ownership interest, or a combination of direct and indirect ownership interests, that equals five percent or more in the provider or person applying to enroll as a provider;
(B) owns an interest of five percent or more in a mortgage, deed of trust, promissory note, or other obligation secured by the provider or person applying to enroll as a provider if that interest equals at least five percent of the value of the property or other assets of the provider or person applying to enroll as a provider;
(C) is an officer or director of the provider or person applying to enroll as a provider if that provider or applicant is organized as a corporation; or
(D) is a partner in the provider or person applying to enroll as a provider if that provider or applicant is organized as a partnership; and
(2) a managing employee of the provider or person applying to enroll as a provider.
(a-2) Subject to Section 411.087 and consistent with the public policy of this state, the Health and Human Services Commission and the office of inspector general are entitled to:
(1) obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person who is described by Subsection (a) or (a-1); and
(2) obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a) or (a-1).
(b) The Health and Human Services Commission or the office of inspector general, as applicable, may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (a-2)(1). Criminal history record information obtained by the Health and Human Services Commission or the office of inspector general under Subsection (a-2)(2) may not be released or disclosed to any person except in a criminal proceeding, in an administrative proceeding, on court order, or with the consent of the provider or applicant.
(c) This section does not prohibit the Health and Human Services Commission or the office of inspector general from obtaining and using criminal history record information as provided by other law.
(d) The Health and Human Services Commission and the office of inspector general shall destroy criminal history record information obtained under this section after the information is used for its authorized purpose.
(e) In this section:
(1) "Managing employee," with respect to a provider or person applying to enroll as a provider, means an individual, including a general manager, business manager, administrator, or director, who:
(A) exercises operational or managerial control over all or part of the provider or applicant; or
(B) directly or indirectly conducts the daily operations of all or part of the provider or applicant.
(2) "Ownership interest," with respect to a provider or person applying to enroll as a provider, means having equity in the provider's or applicant's capital, stock, or profits.
(3) "Provider" means an individual or entity that engages in the delivery of health care services and is authorized to deliver those services in this state, including an individual or entity that delivers health care services to recipients under the medical assistance program.
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223 ), Sec. 3.10, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720 ), Sec. 1, eff. September 1, 2011.