(a) The Health and Human Services Commission, an agency operating part of the medical assistance program under Chapter 32, Human Resources Code, or the office of inspector general established under Chapter 531, Government Code, is entitled to obtain criminal history record information as provided by Subsection (a-2) that relates to a provider under the medical assistance program or a person applying to enroll as a provider under the medical assistance program.
(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 with a direct or indirect ownership or control interest, as defined by 42 C.F.R. § 455.101, in a provider of five percent or more; and
(2) a person whose information is required to be disclosed in accordance with 42 C.F.R. part 1001.

(a-2) Subject to § 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.

Text of section effective until April 01, 2025