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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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KolkhorstX |
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PerryX |
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BlancoX |
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HallX |
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HancockX |
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HughesX |
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LaMantiaX |
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MilesX |
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SparksX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to public access to certain hospital investigation |
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information and materials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 241.051, Health and Safety Code, is |
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amended by amending Subsections (d) and (e) and adding Subsections |
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(f), (g), and (h) to read as follows: |
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(d) Except as provided by Subsection (e), all [All] |
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information and materials in the possession of or obtained or |
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compiled by the commission [department] in connection with a |
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complaint and investigation concerning a hospital are confidential |
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and not subject to disclosure under Chapter 552 [Section 552.001 et |
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seq.], Government Code, and not subject to disclosure, discovery, |
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subpoena, or other means of legal compulsion for their release to |
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anyone other than the commission [department] or its employees or |
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agents involved in the enforcement action except that this |
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information may be disclosed to: |
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(1) persons involved with the commission [department] |
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in the enforcement action against the hospital; |
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(2) the hospital that is the subject of the |
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enforcement action, or the hospital's authorized representative; |
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(3) appropriate state or federal agencies that are |
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authorized to inspect, survey, or investigate hospital services; |
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(4) law enforcement agencies; and |
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(5) persons engaged in bona fide research, if all |
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individual-identifying and hospital-identifying information has |
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been deleted. |
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(e) The following information is subject to disclosure in |
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accordance with Chapter 552 [Section 552.001 et seq.], Government |
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Code, only to the extent that all personally identifiable |
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information of a patient or health care provider is omitted from the |
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information: |
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(1) a notice of the hospital's alleged violation |
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[against the hospital], which must [notice shall] include the |
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provisions of law [which] the hospital is alleged to have violated, |
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and a general statement of the nature of the alleged violation; |
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(2) the number of investigations the commission has |
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conducted of the hospital; |
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(3) the pleadings in any [the] administrative |
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proceeding to impose a penalty against the hospital for the alleged |
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violation; |
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(4) the outcome of each investigation the commission |
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conducted of the hospital, including: |
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(A) the issuance of a reprimand; |
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(B) the denial or revocation of a license; |
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(C) the adoption of a corrective action plan; or |
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(D) the imposition of an administrative penalty |
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and the penalty amount; and |
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(5) [(3)] a final decision, investigative report, or |
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order issued by the commission to address the alleged violation |
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[department]. |
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(f) Not later than the 90th day after the date the |
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commission issues a final decision, investigative report, or order |
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to address a hospital's alleged violation, the commission shall |
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post on the commission's Internet website: |
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(1) the notice of alleged violation described by |
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Subsection (e)(1); |
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(2) the name of the hospital; |
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(3) the geographic location of the hospital; |
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(4) the date the commission issued the final decision, |
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investigative report, or order; and |
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(5) the outcome of the commission's investigation of |
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the hospital that includes the information described by Subsection |
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(e)(4). |
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(g) The commission may not remove information posted on the |
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commission's Internet website under Subsection (f) before the |
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second anniversary of the date the information is posted on the |
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Internet website. |
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(h) Nothing in this section precludes a hospital from |
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releasing medical records in the hospital's possession: |
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(1) on the request of the patient who is the subject of |
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the record; or |
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(2) to the patient, the parent or guardian of a patient |
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who is a minor or incapacitated, or the personal representative of a |
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patient who is deceased. |
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SECTION 2. Section 577.013, Health and Safety Code, is |
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amended by amending Subsections (d) and (e) and adding Subsections |
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(f), (g), (h), and (i) to read as follows: |
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(d) Except as provided by Subsection (e), all [All] |
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information and materials in the possession of or obtained or |
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compiled by the commission [department] in connection with a |
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complaint and investigation concerning a mental hospital licensed |
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under this chapter are confidential and not subject to disclosure, |
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discovery, subpoena, or other means of legal compulsion for their |
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release to anyone other than the commission [department] or its |
|
|
employees or agents involved in the enforcement action except that |
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|
this information may be disclosed to: |
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(1) persons involved with the commission [department] |
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in the enforcement action against the licensed mental hospital; |
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(2) the licensed mental hospital that is the subject |
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of the enforcement action, or the licensed mental hospital's |
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authorized representative; |
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(3) appropriate state or federal agencies that are |
|
|
authorized to inspect, survey, or investigate licensed mental |
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hospital services; |
|
|
(4) law enforcement agencies; and |
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(5) persons engaged in bona fide research, if all |
|
|
individual-identifying information and information identifying the |
|
|
licensed mental hospital has been deleted. |
|
|
(e) The following information is subject to disclosure in |
|
|
accordance with Chapter 552 [Section 552.001 et seq.], Government |
|
|
Code, only to the extent that all personally identifiable |
|
|
information of a patient or health care provider is omitted from the |
|
|
information: |
|
|
(1) a notice of the licensed mental hospital's alleged |
|
|
violation [against the licensed mental hospital], which must |
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|
[notice shall] include the provisions of law [which] the licensed |
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|
mental hospital is alleged to have violated, and the nature of the |
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|
alleged violation; |
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(2) the number of investigations the commission has |
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|
conducted of the licensed mental hospital; |
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(3) the pleadings in any [the] administrative |
|
|
proceeding to impose a penalty against the licensed mental hospital |
|
|
for the alleged violation; |
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(4) the outcome of each investigation the commission |
|
|
conducted of the licensed mental hospital, including: |
|
|
(A) the issuance of a reprimand; |
|
|
(B) the denial or revocation of a license; |
|
|
(C) the adoption of a corrective action plan; or |
|
|
(D) the imposition of an administrative penalty |
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|
and the penalty amount; and |
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(5) [(3)] a final decision, investigative report, or |
|
|
order issued by the commission to address the alleged violation |
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|
[department]. |
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(f) Not later than the 90th day after the date the |
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commission issues a final decision, investigative report, or order |
|
|
to address a licensed mental hospital's alleged violation, the |
|
|
commission shall post on the commission's Internet website: |
|
|
(1) the notice of alleged violation described by |
|
|
Subsection (e)(1); |
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(2) the name of the licensed mental hospital; |
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|
(3) the geographic location of the licensed mental |
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hospital; |
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(4) the date the commission issued the final decision, |
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investigative report, or order; and |
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(5) the outcome of the commission's investigation of |
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the licensed mental hospital that includes the information |
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described by Subsection (e)(4). |
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(g) The commission may not remove information posted on the |
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commission's Internet website under Subsection (f) before the |
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second anniversary of the date the information is posted on the |
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Internet website. |
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(h) Nothing in this section precludes a licensed mental |
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hospital from releasing medical records in the licensed mental |
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hospital's possession: |
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(1) on request of the patient who is the subject of the |
|
|
record; or |
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(2) to the patient, the parent or guardian of a patient |
|
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who is a minor or incapacitated, or the personal representative of a |
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patient who is deceased. |
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(i) In this section, "commission" means the Health and Human |
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Services Commission. |
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SECTION 3. The changes in law made by this Act apply only to |
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an investigation of an alleged violation by a hospital or licensed |
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mental hospital that is finalized on or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |
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* * * * * |