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I received the following letter from TEXAS DEPARTMENT OF STATE HEALTH SERVICES DAVID L. LAKEY, M.D. COMMISSIONER 1100 West 49th Street * Austin, Texas 78756 P.O. Box 149347 * Austin, Texas 78714-9347 1-888-963-7111 * www.dshs.state.tx.us TTY: 1-800-735-2989 April 1, 2009 Via e-mail to: springballey1095@yahoo.com & First Class Mail Margaret Knox P.O. box 210281 Bedford, Texas Re: Request for information on deceased ancestor from Austin State Asylum Dear Ms. Knox: In a request dated March 19, 2009, you asked our office to provide information from our Austin State Hospital records to you regarding the above-referenced person. On May 4, 2007, the Office of the Attorney General issued a previous determination ruling OR2007-05273 – copy enclosed) that applies to your request and all requests of its type. The ruling states that records of a mental health facility that identify a former patient are confidential under TEX. HEALTH & SAFETY CODE ANN. Section 576.005, and authorizes us to withhold such information. The ruling specifically applies to a person that is deceased. Only the executor or administrator of a deceased person's estate (who can provide legal proof of being such) can get access to a mental health record or information taken from a mental health record regarding a deceased patient. Since you did not submit court-documented proof (i.e., Letters Testamentary or Letters of Administration) that you are the executor or administrator of your relative’s estate, we could not provide you with any information from any State Hospital, if such information existed. We regret that we cannot provide a more positive response. Your request to this agency is closed. Please let us know if we can assist you with other matters in the future. Sincerely, Sherry D. Mansell Sherry D. Mansell, For Patricia Reedy DSHS Public Info. Coordinator Enclosure Notify Administrator about this message?
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